Australia: Queensland Government Bulletin - 7 December 2016

Last Updated: 13 December 2016
Article by Paul Venus and Suzy Cairney

In the media

Chain of Responsibility amendments pass
Better safety outcomes and a stronger Chain of Responsibility (CoR) are the result of the Queensland Parliament yesterday passing amendments to the National Heavy Vehicle Law. An implementation period has been proposed that will see these reforms come into effect in mid-2018 (02 December 2016).

IR reforms to restore fairness for Queensland public sector workers
State Parliament has passed landmark industrial relations reforms to restore fairness for Queensland public sector and local government workers (01 December 2016).

New Commonwealth procurement rules from next year
The Government has been forced to concede its position on the rules in order to get its Australian Building and Construction Commission (ABCC) bill through the Senate. Under the new rules Government officials would also need to consider whether bidders are ethical employers, and are in compliance with occupational health and safety and environmental standards (01 December 2016).

Palaszczuk Government to end "gay panic" defence
The Palaszczuk Government has introduced legislation into the Queensland Parliament to exclude an unwanted sexual advance from the partial defence of provocation (30 November 2016).

QLS says new anti-bikie laws are a step forward – but not without problems
Queensland Law Society has applauded the Palaszczuk Labor Government for dispatching the LNP's flawed and unworkable VLAD anti-bikie laws to the dustbin of history (30 November 2016).

Queensland adopts Australia's toughest serious organised crime laws
Queensland will have Australia's toughest and most effective laws to tackle serious and organised crime after State Parliament passed the Palaszczuk Government's Serious and Organised Crime Amendment Bill (29 November 2016).

Expert reference group re-established
The Palaszczuk Government has announced the re-establishment of the Lawful Detention Expert Reference Group (LDERG) to ensure better information sharing between justice agencies and better use of systems to minimise administrative errors (29 November 2016).

Follow-up review report - Queensland Universities
Queensland's Office of the Information Commissioner's (OIC) follow-up review report regarding the Griffith University, Queensland University of Technology, University of Queensland and University of Southern Queensland was tabled in Parliament today (30 November 2016).

Palaszczuk Government outlines path forward for expunging historical gay convictions
The Attorney-General and Minister for Justice today tabled a Queensland Law Reform Commission report into the process recommended, and outlined the Government response to that report. The QLRC Report recommends creating a framework that would allow eligible people to apply on a case-by-case basis (29 November 2016).

In practice and courts

High Court of Australia
The High Court of Australia Bulletin [2016] HCAB 09 was published on 28 November 2016. More...

CCC corruption allegations: Data from 1 July 2015 – 30 June 2016
This report provides a summary of the types of conduct alleged, the activities related to the alleged conduct, subject officers and locations for matters concerning the Queensland Police Service, public service departments and local government from 1 July 2015 to 30 June 2016 (November 2016). More...

Criminal justice system—prison sentences (Report 4: 2016–17)
QAO: Tabled 29 November 2016
Achieving intended sentence outcomes depends on how efficiently and effectively the court's prison sentence is administered. More...

OAIC QLD: Follow-up review report - Queensland Universities – 30 November 2016
The follow-up review found that the four universities have fully implemented 40 of the 43 recommendations. Acting Information Commissioner said it was encouraging to see that the universities had adopted processes to measure and drive continuous improvement of their right to information and information privacy functions. More...

Queensland Court appointments announced
Mr Dennis Lynch QC has been appointed as a judge in the District Court of Queensland, joining two other new judges – Catherine Muir and Nicole Kefford – whose appointments were announced last month (02 December 2016). More...

Published – articles, papers, reports

OAICnet - 1 December 2016
12 July 2017: Save the date!; De-identification workshop wrap-up; Australian Red Cross data breach response; 250 years of FOI; FOI decisions; Commissioner statements.

A man for all seasons? The fair minded observer and royal commissioners –
Matthew Groves; Australian Journal of Administrative Law, Vol 23 Pt 4, 01 December 2016
[Westlaw subscription access]


Case note: High Court Dismisses Special Leave Application from Lodestar Anstalt v Campari America LLC [2016] FCAFC 92
The High Court of Australia has dismissed an application for special leave from the decision of Lodestar Anstalt v Campari America LLC [2016] FCAFC 92. This means that the Full Federal Court decision remains the leading judgment on the application of section 8 of the Trade Marks.

The Body Corporate for Jade Apartments v Queensland Building and Construction Commission [2016] QCAT 445

REVIEW – Queensland Building and Construction Commission Act 1991 (Qld) – where applicant lodged second complaint restating first complaint – whether refusal to investigate second complaint a reviewable decision – whether refusal to undertake internal review of refusal to investigate second complaint a reviewable decision.

Jackson and Evans v Queensland Building and Construction Commission [2016] QCAT 434
ADMINISTRATIVE REVIEW – principles applied administrative reviews – fresh hearing on the merits – building work – decision not to issue a direction to rectify defective building work – rectification of building work policy – unfair to issue direction to rectify – whether decision not to issue a direction was reasonable – evidence – natural justice principles – rules of evidence.

Burragubba & Anor v Minister for Natural Resources and Mines & Anor [2016] QSC 273
ADMINISTRATIVE LAW – JUDICIAL REVIEW – GROUNDS FOR REVIEW – PROCEDURAL FAIRNESS – EXCLUSION OF PROCEDURAL FAIRNESS –PROCEDURES PROVIDED BY STATUTE – where the first respondent, pursuant to s 271A of the Mineral Resources Act 1989 (Qld) ("MRA"), decided to grant mining leases to the second respondent – where the applicants did not notify an objection in accordance with the MRA – where the applicants submit that the decision of the first respondent breached the principles of natural justice because he did not give the applicants an opportunity to be heard before he made his decision – whether the MRA operates to define and to limit both the persons to whom the obligation to afford natural justice might extend and the subject matter in relation to which they might be heard.
ADMINISTRATIVE LAW – JUDICIAL REVIEW – GROUNDS FOR REVIEW – ERROR OF LAW – where the applicants were some of the persons comprising a registered applicant in respect of a native title determination application in the National Native Title Tribunal ("NNTT") – where the registered applicant was unsuccessful in the NNTT and commenced a judicial review proceeding in the Federal Court – where the first respondent referred to the proceedings in the NNTT and the proceeding in the Federal Court in his reasons – where the applicants submit that the first respondent made an error of law by concluding that native title issues were "resolved" – where the applicants submit that the first respondent failed to take into account the impact of the decision on the applicants' native title rights – where the applicants also submit that the first respondent failed to take into account the risk that the NNTT decision may be set aside – whether the first respondent made an error of law or failed to take into account relevant considerations.
ADMINISTRATIVE LAW – JUDICIAL REVIEW – GROUNDS FOR REVIEW – RELEVANT CONSIDERATIONS – where the first applicant provided a document to "the State of Queensland" during the NNTT proceeding – where the applicants submit that the first respondent had constructive knowledge of the document – where the applicants submit that the first respondent failed to take into account the potential adverse impacts of the grant of the mining leases upon the native title rights or cultural interests asserted in the document – whether the first respondent was obliged to consider the document in circumstances where no objection had been notified in accordance with the MRA – whether there was a failure to take into account a relevant consideration.

Land Services of Coast and Country Inc v Chief Executive, Department of Environment and Heritage Protection & Anor [2016] QSC 272
ADMINISTRATIVE LAW – JUDICIAL REVIEW – GROUNDS FOR REVIEW – ERROR OF LAW – where a delegate of the first respondent made a decision to grant an environmental authority to the second respondent pursuant to s.194(2)(ii) of the Environmental Protection Act 1994 (Qld) ("EPA") – where the applicant submits that ss.3 and 5 of the EPA, taken together, obliges the delegate to be positively satisfied that in making a decision under s.194(2)(ii) of the EPA, the delegate is exercising her power in a way that best achieves the object of the EPA – whether the legislative scheme of the EPA is consistent with the applicant's proposed construction – whether delegate's decision involved an error of law.

Johnston v Safaris CC [2016] QDC 302
CIVIL APPEAL – PRACTICE & PROCEDURE – appeal pursuant to s.133 District Court of Queensland Act 1967 (Qld) – appeal from interlocutory decision regarding amendment of statement of claim - scope of appeal - where new ground and arguments exceed scope of application before the court at first instance - where plaintiff amended statement of claim – whether leave required to withdraw "admission" in a statement of claim – whether a statement of claim is a "pleading" caught by r.188 Uniform Civil Procedure Rules 1999 (Qld) – whether defendant waived or estopped from challenging a defective pleading by consent orders – whether amendments should be disallowed for contravention of rules – whether court ought strike out all or part of a pleading as a prerequisite to allowing a party to amend a defective part – whether leave to amend appropriate.

Annie Street JV Pty Ltd v MCC Pty Ltd & Ors [2016] QSC 268
ADMINISTRATIVE LAW – DECLARATIONS – EXCESS OR WANT OF JURISDICTION – PARTICULAR INSTANCES OF JURISDICTIONAL ERROR – where the applicant and the first respondent were parties to construction contract – where the first respondent served a payment claim under the Building and Construction Industry Payments Act 2004 (Qld) (the Act) – where the second respondent made an adjudication decision under the Act – where the second respondent determined, as part of the adjudication, that the applicant was not entitled to set-off an amount for liquidated damages – where the applicant alleges that this part of the second respondent's decision is affected by jurisdictional error – whether the second respondent's decision that the applicant was not entitled to set-off an amount for liquidated damages was without foundation and illogical, with a deficient reasoning process – whether the second respondent's decision that the applicant was not entitled to set-off an amount for liquidated damages involved a failure to provide reasons or adequate reasons in accordance with s.26(3)(b) of the Act – whether the second respondent's decision that the applicant was not entitled to set-off an amount for liquidated damages involved a denial, to the applicants, of natural justice.
ADMINISTRATIVE LAW – DECLARATIONS – EXCESS OR WANT OF JURISDICTION – PARTICULAR INSTANCES OF JURISDICTIONAL ERROR – where the applicant and the first respondent were parties to construction contract – where the first respondent served a payment claim under the Building and Construction Industry Payments Act 2004 (Qld) (the Act) – where the applicant served a payment schedule under the Act – where the payment schedule did not raise contractual time limitations as a basis for withholding payment – where the second respondent did not consider contractual time limitations in the adjudication – whether, in not considering contractual time limitations, the second respondent committed jurisdictional error.

Legislation – Queensland

Subordinate legislation as made

No 215 Evidence (Corresponding Witness Identity Protection Certificates) Amendment Regulation 2016 - Evidence Act 1977 – 25 November 2016.

No 220 Public Records Amendment Regulation (No. 2) 2016 - Public Records Act 2002 – 02 December 2016.

Bills Updated in the last week

Serious and Organised Crime Legislation Amendment Bill 2016
Introduced on 13/09/2016. Stage reached: PASSED with amendment on 29/11/2016.

Heavy Vehicle National Law and Other Legislation Amendment Bill 2016 Introduced on 3/11/2016. Stage reached: PASSED with amendment on 1/12/2016.

Child Protection (Offender Reporting) and Other Legislation Amendment Bill 2016
Introduced on 29/11/2016. Stage reached: Referred to Committee on 29/11/2016.

Criminal Law Amendment Bill 2016
Introduced on 30/11/2016. Stage reached: Referred to Committee on 30/11/2016.

Victims of Crime Assistance and Other Legislation Amendment Bill 2016
Introduced on 1/12/2016. Stage reached: Referred to Committee on 1/12/2016.

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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