Australia: Queensland Government Bulletin - 31 August 2016

In the media

Bikies to be banned from "wearing colours" in public
Outlaw Motorcycle Gangs will be banned from wearing their colours in public anywhere in Queensland under the Palaszczuk Government's tough new package of laws to better tackle serious organised crime (28 August 2016). More...

Another $3 million boost to target QLD bikie networks
Minister for Justice Michael Keenan joined Federal Member for Moncrieff Steven Ciobo on the Gold Coast today to announce an additional $3 million investment from the Commonwealth Government to extend the work of the Queensland National Anti-Gang Squad (NAGS) Strike Team (24 August 2016). More...

'No evidence' of past systematic mistreatment at youth detention centre: CCC
Queensland's Crime and Corruption Commission does not believe the alleged mistreatment of children at Townsville's youth detention centre is systemic (22 August 2016). More...

Attorney-General orders independent review of Queensland Youth Detention Centres
Attorney-General and Minister for Justice Yvette D'Ath has ordered an independent review be conducted into Queensland's Youth Detention Centres. The government will shortly release full terms of reference for the review (19 August 2016). More...

Council fraud-prevention guidance not adopted by Queensland
The Queensland Government concedes it did not act on recommendations to prevent council fraud a year before public money was lost to scammers by Brisbane and Townsville councils (19 August 2016). More...

NSW judge brought in to hear Carmody 'secret recording' case
A New South Wales judge will be brought in to hear a case in Queensland's Civil Administration Tribunal involving former chief justice Tim Carmody (17 August 2016). More...

QLS renews calls for changes to unjust and backward land clearing laws
Queensland Law Society renewed its call for amendments to the state government's proposed controversial tree clearing laws, saying the passage of laws would be a travesty of justice for the state's landholders. A plan to introduce a reverse onus of proof making landholders guilty of any illegal tree clearing until they could prove themselves innocent (16 August 2016). More...

QLS welcomes tabling of laws for much-needed class action reform
QLS president Bill Potts said the significant issue of having no recourse to class action in the state was that it deprived Queenslanders of a tool for efficient access to judicial processes. (16 August 2016). More...

Improving access to justice for child sex abuse victims
The Palaszczuk Government is honouring its commitment to improve access to justice for child sex abuse victims with new legislation introduced into State Parliament, an issues paper on civil litigation reform and guidelines for the Government's response to litigation involving child sexual abuse (16 August 2016). More...

QLS welcomes tabling of laws to remove sex abuse claim time limitation
Queensland Law Society has welcomed the introduction of proposed legislative changes stating the proposed legislation tabled in state Parliament will, when passed, remove the statute of limitations for victims of institutionalised sexual abuse later this month, (16 August 2016). More...

Changes to domestic violence laws to extend DVOs
Queensland police will have more power to act quickly in domestic violence situations under legislation to be introduced to State Parliament (15 August 2016). More (ABC News -15 August)... More (ABC News (16 August)...

Palaszczuk Government drives domestic and family violence reforms
Police will be able to act more quickly to protect women and children fleeing violence, while magistrates may issue Domestic Violence Orders for longer periods and must consider exercising their power to modify any existing family court orders to better protect children (15 August 2016). More....

Attorney-General orders independent review of Queensland Youth Detention Centres
Attorney-General and Minister for Justice Yvette D'Ath has ordered an independent review be conducted into Queensland's Youth Detention Centres (15 August 2016) More...

In practice and courts

Queensland Supreme Court Practice Direction

Supreme Court of Queensland Amended Practice Direction 6 of 2004 - Applications jurisdiction – outline of argument, documents read, appearance slip.

CCC to hold public forum: corrupt conduct

The CCC will hold a public forum on 6 and 7 October 2016 to discuss whether publicising allegations of corrupt conduct is in the public interest (16 August 2016). More...

OAIC QLD: OIC has released two reports

The Office of the Information Commissioner has released two reports: 2016 Right to Information and Information Privacy Electronic Audit: Queensland public sector agencies' responses and comparative analysis with 2010 and 2013 results and Desktop Audits 2014-16: Website Compliance with Right to Information and Information Privacy - Local Governments and Hospital Foundations (19 August 2016). More...

Queensland Infrastructure, Planning and Natural Resources Committee: Current Inquiries

Examination of Portfolio Subordinate Legislation (August 2016).

Queensland Current Inquiries

Constitution of Queensland and Other Legislation Amendment Bill 2016 - report due 15 August 2016.

Published – articles, papers, reports

Joint investigation of Ashley Madison by the Privacy Commissioner of Canada and the Australian Privacy Commissioner and Acting Australian Information Commissioner

Office of the Australian Information Commissioner: 23 August 2016. This report promotes the idea that it is crucial for organisations that hold personal information electronically to adopt clear and appropriate processes, procedures and systems to handle information security risks, supported by adequate expertise (internal or external). More...

Report No. 2 of 2016-17 - 2016 Right to Information and Information Privacy Electronic Audit | 2016 | Queensland

The report captures public sector agencies' self-assessment of their progress in complying with the Right to Information Act 2009 (Qld) and the Information Privacy Act 2009 (Qld) and associated guidelines. It identifies areas of good practice and areas for improvement. More....

Report No. 1 of 2016-17 - Desktop Audits 2014-16: Website Compliance with Right to Information and Information Privacy - Local Government and Hospital Foundations | 2016 | Queensland

Desktop Audits 2014-16 reports on local governments' and hospital foundations' websites compliance with the Right to Information Act 2009 (Qld), in particular the requirements for publication schemes and disclosure logs. It also reports on how these government agencies ensured appropriate privacy measures were in place in accordance with Information Privacy Principle 2 (Collection of personal information) and Information Privacy Principle 5 (Providing information about documents containing personal information). More..

Cases

Casenote: Deal v Father Pius Kodakkathanath [2016] HCA 31: Hazardous Manual Handling OHS

Today in Deal v Father Pius Kodakkathanath [2016] HCA 31 the High Court, in a unanimous decision, has allowed an appeal from a decision of the Court of Appeal of the Supreme Court of Victoria (see Deal v Kodakkathanath [2015] VSCA 191 (24 July 2015)). In reaching its decision, the High Court has held that the majority of the Victorian Court of Appeal erred in finding that the primary judge was correct in removing from the jury's consideration allegations that: ". . . the respondent had breached its statutory duties under the Occupational Health and Safety Regulations 2007 (Vic)" (the OHS Regulations) (24 August 2016). More...

Casenote: Miller v R; Smith v R; Presley v DPP (SA) [2016] HCA 30: Extended Joint Criminal Enterprise

The High Court has allowed three appeals from a decision of the Court of Criminal Appeal of the Supreme Court of South Australia in the case of Miller v R; Smith v R; Presley v DPP (CTH) [2016] HCA 30. The case concerned directions to the jury by leaving open extended joint criminal enterprise in relation to each appellant and in failing to leave manslaughter in excessive self-defence open in Miller's instance (24 August 2016). More...

Casenote: Sio v the Queen [2016] HCA 32: Hearsay Evidence

The High Court has unanimously allowed an appeal from the New South Wales Court of Criminal Appeal. In the case of Sio v the Queen [2016] HCA 32, the High Court quashed the conviction of the appellant, Mr Sio, who was convicted of armed robbery with wounding. The High Court reasoned that the trial judge had omitted an element of the offence in directing the jury and had erred in allowing hearsay evidence (24 August 2016). More...

Casenote: Balancing public and private interests in the exercise of judicial discretion

Government lawyers, and private lawyers who act for government bodies, will often face arguments which centre around the interests of private citizens generally being of greater importance than those of public bodies, as in the recent case of Construction, Forestry, Mining and Energy Union v Australian Competition and Consumer Commission [2016] FCAFC 97 24 August 2016. More...

Burragubba v State of Queensland [2016] FCA 984

ADMINISTRATIVE LAW – application for judicial review under the Administrative Decisions (Judicial Review) Act 1977 (Cth) (ADJR Act) – whether the decision of the National Native Title Tribunal was induced by circumstances analogous to fraud – whether s 5(1)(g) of the ADJR Act extends to circumstances analogous to fraud – in the alternative whether the Tribunal failed to observed procedures that were required by law under s 5(1)(b) of the ADJR Act – whether the Tribunal erred in construing s 39(1) of the Native Title Act 1993 (Cth) (NTA) – whether the Tribunal failed to take into account a relevant consideration in respect of material relevant to the criteria in s 39(1) of the NTA – whether the Tribunal failed to observe the rules of natural justice, or failed to exercise its jurisdiction by failing to make an inquiry under s 139(1) of the NTA.

http://www.austlii.edu.au/au/cases/cth/FCA/2016/984.html.

Creevey v Baker & Ors [2016] QCA 209

PROCEDURE – CIVIL PROCEEDINGS IN STATE AND TERRITORY COURTS – PLEADINGS – STRIKING OUT – EMBARRASSING, TENDENCY TO CAUSE PREJUDICE, SCANDALOUS, UNNECESSARY ETC OR CAUSING DELAY IN PROCEEDINGS – where the appellant filed a statement of claim which was stuck out with leave to re-plead – where the appellant filed a fresh statement of claim and applied for an order permitting the filing – where the learned primary judge refused to make such an order, striking out the application because the case was doomed to fail – where the appellant alleges the learned primary judge erred in the exercise of the direction under r 389(2) Uniform Civil Procedure Rules 1999 – where the appellant alleges bias on the part of the learned primary judge, and a denial of natural justice – whether the learned primary judge erred in the way described in House v The King.

http://www.sclqld.org.au/caselaw/QCA/2016/209.

Scott v FC [2016] QSC 178

COURTS AND JUDGES – CONTEMPT – PARTICULAR CONTEMPTS – INTERFERENCE WITH COURSE OF JUSTICE AND ADMINISTRATION OF LAW – EXERCISE OF STATUTORY POWER TO OBTAIN INFORMATION – where the respondent refused to answer a question in terms of the certificate of contempt of the applicant – where the respondent does not contest that he is in contempt – where the contempt occurred in the context of a major crime investigation – where the respondent was not the principal target of the inquiry – assessment of appropriate term of imprisonment.

http://www.sclqld.org.au/caselaw/QSC/2016/178.

Legislation

Queensland

No 134: Statutory Instruments Amendment Regulation (No. 1) 2016 - Statutory Instruments Act 1992 – 19 August 2016 - The Statutory Instruments Amendment Regulation (No 1) 2016 ensures that subordinate legislation may be exempted from expiry or further exempted from expiry where appropriate grounds exist under sections 56 and 56A of the Statutory Instruments Act 1992.

No 144: Legal Profession (Barristers Rules) Notice 2016 - Legal Profession Act 2007 – 26 August 2016.

No 156: Youth Justice Regulation 2016 - Youth Justice Act 1992 – 26 August 2016.

Bills Updated in the last week

Constitution of Queensland and Other Legislation Amendment Bill 2016

Introduced on 21/04/2016 Stage reached: Report from Committee on 15/08/2016.

Limitation of Actions (Institutional Child Sexual Abuse) and Other Legislation Amendment Bill 2016

Introduced on 16/08/2016 Stage reached: Referred to Committee on 16/08/2016 - the objectives of the Bill are to enhance access to justice and promote efficiency, transparency and consistency in the administration of justice where a number of people have suffered loss, injury or damage as a result of a multiple wrong.

Domestic and Family Violence Protection and Other Legislation Amendment Bill 2016

Introduced on 16/08/2016 Stage reached: Referred to Committee on 16/08/2016.

Limitation of Actions and Other Legislation (Child Abuse Civil Proceedings) Amendment Bill

Introduced on 18/08/2016 Stage reached: Referred to Committee on 18/08/2016 - the objectives of the Bill are to reintroduce the right to trial by jury for civil actions for personal injury arising from child abuse and prevent an institution from having civil proceedings stayed on the basis of passage of time where the institution was the cause of the passage of time.

Domestic and Family Violence Protection and Other Legislation Amendment Bill 2016

The Queensland Government has introduced the Bill into its Legislative Assembly on 16 August 2016. The Bill has the purpose of providing victims of domestic violence with access to earlier and more tailored protection as well as ensuring that victim justice is at the forefront of the justice response to domestic violence (19 August 2016). More...

Limitation of Actions (Institutional Child Sexual Abuse) and Other Legislation Amendment Bill 2016

The Bill 2016 has been introduced into the Queensland Legislative Assembly with the aim of finally taking the necessary steps to provide increased access to justice for survivors of institutional child sexual abuse. The Bill is described by Queensland Premieras an historic occasion as it would retrospectively remove the limitation period for when a legal claim can be made relating to child sexual abuse (17 August 2016). More...

This publication does not deal with every important topic or change in law and is not intended to be relied upon as a substitute for legal or other advice that may be relevant to the reader's specific circumstances. If you have found this publication of interest and would like to know more or wish to obtain legal advice relevant to your circumstances please contact one of the named individuals listed.

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Authors
Christine Jones
Kim Nguyen
 
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