Australia: Queensland Government Bulletin - 14 September 2016

Last Updated: 21 September 2016
Article by Sylvia Fernandez and Kim Nguyen

Most Read Contributor in Australia, September 2016

In the media

ABA considers alternative funding options to Australia's legal assistance crisis.
The Australian Bar Association says that in addition to continuing to press Federal and State Governments to appropriately fund legal assistance for those in need, it is considering new and alternative sources of funding for the sector (09 September 2016). More...

17-year-olds to be moved to youth justice
The Palaszczuk Government will introduce legislation to Parliament next week to end the practice of treating 17-year-olds as adults in Queensland's justice system. The United Nations Convention on the Rights of the Child considers a person as a child until the age of 18 (07 September 2016). More...

Queensland Government vows to remove 17yos from adult prisons
Queensland Premier Annastacia Palaszczuk promises to end the incarceration of 17-year-olds in adult prisons within a year, acknowledging that new facilities may have to be built (07 September 2016). More (ABC News)... More (QLD Law Society Media Release No.1)... More (QLD Law Society Media Release No.2)...

Linc energy: Criminal proceedings in doubt as liquidators seek to not answer charges
Criminal proceedings against failed resources company Linc Energy are in doubt after liquidators indicated they would seek to not answer environmental harm charges (07 September 2016). More...

No right to remain silent for Queensland police: court
Queensland police officers do not have the right to remain silent during internal disciplinary investigations, the Court of Appeal finds in a landmark legal case (06 September 2016). More...

CCC to investigate Gold Coast council elections
The CCC has determined to continue with its inquiries and investigate allegations of corrupt conduct relating to the 2016 Gold Coast City Council elections (05 September 2016). More...

Why the public sector must learn to love complaints: Ombudsman
Victorian public sector agencies should welcome complaints from members of the public as free feedback that can help them improve their service, Victorian Ombudsman Deborah Glass said, tabling the Complaints: Good Practice Guide for Public Sector Agencies in the Victorian Parliament (01 September 2016). More...

HRLC: Queensland rejects moves to modernise abortion law
A Queensland parliamentary committee has rejected a proposal to bring Queensland's abortion laws into line with clinical practice and common sense. At the same time the committee neglected to recommend a clear path for long overdue law reform (31 August 2016). More...

QLS calls for respect of High Court decision in case of Gerard Baden-Clay
Queensland Law Society has called on members of the public and politicians alike to respect the ruling in the Baden-Clay matter handed down on Wednesday August 31 by the High Court of Australia (31 August 2016). More...

New and comprehensive laws to target serious organised crime
The Palaszczuk Government will target serious organised crime in Queensland with new and comprehensive laws to be introduced to Parliament in a fortnight. The legislation was the Government's response to findings of the Queensland Organised Crime Commission of Inquiry (Byrne Inquiry), the Taskforce on Organised Crime legislation and the statutory review of the Criminal Organisation Act 2009 (30 August 2016). More...

New legislation to restore fairness in Queensland workplaces
The Palaszczuk Government has introduced new legislation to restore fairness to Queensland workplaces. Industrial Relations Minister Grace Grace said the Industrial Relations Bill 2016 introduced today would wipe away the last vestiges of the former Newman Government's unfair industrial relations laws in Queensland (30 August 2016). More...

In practice and courts

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.

Cases

Millar v Right to Information and Privacy Unit, Public Safety Business Agency [2016] QSC 206
ADMINISTRATIVE LAW – JUDICIAL REVIEW – REVIEWABLE DECISIONS AND CONDUCT – DISCRETION NOT TO ENTERTAIN APPLICATION – where applicant seeks judicial review of decisions of first and second respondent not to release records under the Right to Information Act 2009 (Qld) and the Information Privacy Act 2009 (Qld) – where there are alternative avenues available for applicant to seek review of decisions – whether application should be dismissed.

Kenealy v Queensland Building and Construction Commission [2016] QCAT 305
GENERAL ADMINISTRATIVE REVIEW – where direction to rectify not issued – whether breaks in storm water and sewer pipes result of defective building work – where decision not to issue direction on basis of not reasonable due to cause not being known – where further investigation shows cause was failure to connect storm water pipe to street discharge – where builder rectifies defects – whether work still defective – whether loss of soil under slab constitutes a defect – where Tribunal determines loss of soil is consequential loss subject to direction to remedy.

Murphy v Electoral Commissioner [2016] HCA 36
Constitutional law (Cth) – Legislative power – Franchise – Power of Parliament to regulate exercise of entitlement to enrol to vote – Provisions of Commonwealth Electoral Act 1918 (Cth) precluding consideration of claims for enrolment or transfer of enrolment and amendment of Electoral Rolls during "suspension period" from 8pm on day of closing of Electoral Rolls until close of polling for election – Whether burden on constitutional mandate that Parliament be "directly chosen by the people" – Whether burden justified by substantial reason – Relevance of Roach v Electoral Commissioner (2007) 233 CLR 162; [2007] HCA 43 and Rowe v Electoral Commissioner (2010) 243 CLR 1; [2010] HCA 46.

The Queen v Baden-Clay [2016] HCA 35: Murder Appeal
The High Court has handed down its judgment today (31 August 2016) in the high profile appeal case of The Queen v Baden-Clay [2016] HCA 35. The Court unanimously allowed the appeal from the Court of Appeal of the Supreme Court of Queensland by ruling that the Court of Appeal had erred in concluding that the jury's verdict of guilty for murder was unreasonable. The High Court ruled that the hypothesis the Court of Appeal relied on, namely that there had been a confrontation between the respondent and the victim prior to the victim's death, was inconsistent with the evidence in court and

therefore was not available on the evidence (31 August 2016).

NH and Others v DPP [2016] HCA 33: Jurisdiction to look behind Jury Verdicts
The High Court has today (31 August 2016) decided four appeals from the Full Court of the Supreme Court of South Australia on jury procedures in the case of NH and Others v DPP [2016] HCA 33.

Bond v Chief Executive Department of Environment and Heritage Protection [2016] QPEC 040
APPLICATION – Administrative Law – decision – natural justice – procedural fairness – review of decision to issue an Environmental Protection Order – whether the Environmental Protection Order was unlawful.

Legislation – Queensland

Subordinate legislation as made

No 157: Supreme Court (Admission Guidelines) Notice 2016 - Supreme Court of Queensland Act 1991 The objective of the Supreme Court (Admission Guidelines) Notice 2016 (the Notice) is to give effect to the guidelines issued by the Chief Justice and repeal the Supreme Court (Admission Guidelines) Notice 2015.

No 159: State Penalties Enforcement Amendment Regulation (No. 4) 2016 - State Penalties Enforcement Act 1999 - The objectives of the regulation are to prescribe new and remove existing, PIN offences.

Bills Updated in the last week

Counter-Terrorism and Other Legislation Amendment Bill 2016
Introduced on 19/04/2016. Stage reached: Passed on 17/08/2016
Assent Date: 29/08/2016 Act No: Act No. 42 of 2016 Commences: Date of Assent.

Abortion Law Reform (Woman's Right to Choose) Amendment Bill 2016
Introduced on 10/05/2016. Stage reached: Report from Committee on 26/08/2016.

Appropriation (Parliament) Bill 2016
Introduced on 14/06/2016. Stage reached: Passed on 16/08/2016
Assent Date: 29/08/2016. Act No. 40 of 2016. Commences: Date of Assent.

Appropriation Bill 2016
Introduced on 14/06/2016. Stage reached: Passed on 16/08/2016
Assent Date: 29/08/2016. Act No. 41 of 2016. Commences: Date of Assent.

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
Kim Nguyen
 
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