Australia: Queensland Government Bulletin - 18 January 2017

Last Updated: 25 January 2017
Article by Paul Venus and Suzy Cairney

In the media

Queensland lockouts laws could be shelved
The Queensland Government has said that if the first stage of its plans to reduced late-night violence proves effective, the second stage of changes, which include 1am lockouts, may not be introduced (10 January 2017). More...

Accountant charged after allegedly defrauding sport club of $465,000
An accountant who served as the president of a central Queensland sporting club has been charged with defrauding the club of almost $500,000 (06 January 2017). More...

Alleged bikie vows to fight charges laid under Queensland's new organised crime laws
The first alleged bikie charged with wearing outlaw motorcycle gang colours or paraphernalia under Queensland's new serious and organised crime laws vows to fight the charges (23 December 2016). More...

Department charged over Ravenhall riot
Following a comprehensive investigation into the riot at the Ravenhall Metropolitan Remand Centre in June 2015, WorkSafe has charged the Department of Justice and Regulation with four breaches of the Occupational Health and Safety Act 2004 (21 December 2016). More...

Vivid Festival risk assessment 'fundamentally flawed', inquest into drowning death finds
An inquest into the drowning death of Irishman Brendan Hickey during Sydney's Vivid festival in 2014 finds a risk assessment for the event did not identify the risk posed by the water's open edge (22 December 2016). More...

Alleged bikie charged under tough new Palaszczuk Government laws
An alleged Mongols Outlaw Motorcycle Gang (OMCG) member has today been the first person to be charged for wearing prohibited items in public under the Palaszczuk Government's tough new Serious and Organised Crime laws (16 December 2016). More...

New regulations protect Queensland coal miners' health
A suite of health and safety reforms will become law on 1 January to protect Queensland coal miners from black lung disease. Minister for Natural Resources and Mines Dr Anthony Lynham said coal health and safety laws would see dust levels made public, compulsory health checks for underground and above-ground miners and compulsory reporting of black lung cases to government (16 December 2016). More...

CCC recommends limitation on publicising allegations of corrupt conduct during local government elections
The Crime and Corruption Commission (CCC) has recommended the government consider making it an offence for any person to publicise allegations of corrupt conduct against a councillor or candidate during a local government election period, without first notifying the CCC and allowing at least three months to determine whether the allegations have merit (12 December 2016). More...

In practice and courts

Attorney-General Appointments announced for 2017
Appointments to the Administrative Appeals Tribunal
17 appointments to the Administrative Appeals Tribunal have been announced.

Appointment to the Federal Circuit Court
The appointment of Ms Amanda Tonkin to the Federal Circuit Court of Australia has been announced. She will commence in the Canberra Registry on 1 January 2017.

Appointment of Solicitor-General
His Excellency the Governor-General has accepted the advice of the Government to appoint Dr Stephen Donaghue QC as Solicitor-General of the Commonwealth of Australia.

QLD: Supreme Court Justice Appointed
Justice Minister Anthony Lynham has announced the appointment of Susan Brown as a Justice of the Supreme Court of Queensland (15 December 2016). Justice Minister's media release QLS's media release

Published – articles, papers, reports

The Honourable Justice Stephen Gageler, The Equitable Duty of Loyalty in Public Office (2016)
Chapter in Bonyhady (ed,) Finn's Law: An Australian Justice, (Federation Press, 2016).

Cases

Environmental Justice Australia and Department of Natural Resources and Mines [2016] QICmr 49
ADMINISTRATIVE LAW – RIGHT TO INFORMATION – REFUSAL OF ACCESS – EXEMPT INFORMATION – BREACH OF CONFIDENCE – bank guarantee - whether disclosure would found an action for breach of confidence – whether information is exempt under sections 47(3)(a) and 48 and schedule 3, section 8 of the Right to Information Act 2009 (Qld).
ADMINISTRATIVE LAW - RIGHT TO INFORMATION - REFUSAL OF ACCESS - CONTRARY TO PUBLIC INTEREST INFORMATION - bank guarantee - affecting confidential communications - whether disclosure would, on balance, be contrary to the public interest under section 49 of the Right to Information Act 2009 (Qld) - whether access to information may be refused under section 47(3)(b) of the Right to Information Act 2009 (Qld).

Delfinos Bay Resort CTS 7168 v Commissioner, Queensland Fire and Emergency Services [2016] QCAT 496
GENERAL ADMINISTRATIVE REVIEW - review of decision to issue notice of non-compliance – where certificate of approval issued previously – where no change made to structure – whether issued certificate based on correct plans – whether previous decision binds current decision makers.

Qld Cooper Shale Pty Ltd & Ors v Minister for Natural Resources and Mines [2016] QCA 352
ADMINISTRATIVE LAW – JUDICIAL REVIEW – GROUNDS OF REVIEW – ERROR OF LAW – where the appellants sought exploration permits for "oil shale" under the Mineral Resources Act 1989 (Qld) – where the respondent refused the applications for the exploration permits – where the appellants made applications for judicial review of the decisions to refuse to grant the exploration permits – where one of the grounds of review alleged was that the decision-maker made an error of law – where the appellants submitted that the appellant had made an error of law in considering that "fracking" did not fall within the definition of "chemical process" within s.10 of the Petroleum and Gas (Production and Safety) Act 2004 (Qld) – where the decision-maker's conclusion was based on technical advice which indicated that oil shale could not, as a matter of geology, exist in the relevant areas and that the kind of activities that the Mineral Resources Act 1989 (Qld) might authorise were a physical impossibility – whether the decision-maker was permitted by the statutory regime to seek satisfaction as to the mineral actually being targeted by the appellants – whether the definition of petroleum in s.10(1) of the Petroleum and Gas (Production and Safety) Act 2004 (Qld) was imported into the MRA – whether it was necessary to consider the proper characterisation of "fracking" – whether the decision-maker made an error of law.
ADMINISTRATIVE LAW – JUDICIAL REVIEW – GROUNDS OF REVIEW – IRRELEVANT CONSIDERATIONS – where the appellants sought exploration permits for "oil shale" under the Mineral Resources Act 1989 (Qld) – where the respondent refused the applications for the exploration permits – where the appellants made applications for judicial review of the decisions to refuse to grant the exploration permits – where one of the grounds of review alleged was that the decision-maker took into account an irrelevant consideration – where the decision-maker considered that the appellants had not provided sufficient geological information to support the existence of "oil shale" as defined in the Mineral Resources Act 1989 (Qld) in the target area – where the appellants contended that the decision-maker's view that there was insufficient evidence to establish the existence of oil shale was an irrelevant consideration in that it required one to demonstrate "oil shale" exists in order to determine whether "oil shale" exists – whether the decision-maker was entitled to seek satisfaction that what the appellants were targeting was a mineral for the purpose of exploration under the Mineral Resources Act 1989 (Qld) – whether the decision-maker took an irrelevant consideration into account.

Conquest & Anor v Bundaberg Regional City Council [2016] QCA 351
APPEAL AND NEW TRIAL – PROCEDURE – QUEENSLAND – POWERS OF COURT – COSTS – where the applicants were found guilty of an offence against s 4.3.15 of the Integrated Planning Act 1997 (Qld) for failing to comply with an enforcement notice – where the District Court dismissed their appeals – where the applicants applied for leave to appeal under s 118 of the District Court of Queensland Act 1967 (Qld) – where the application for leave to appeal under s 118 of the District Court of Queensland Act 1967 was refused – where the respondent departed from the position it had adopted in the Magistrates Court and the District Court – whether there is ground for departing from the ordinary rule that costs ought follow the event.

Devi v Workers Compensation Regulator [2016] QSC 311
ADMINISTRATIVE LAW – JUDICIAL REVIEW – GROUNDS OF REVIEW – IRRELEVANT CONSIDERATIONS – where the applicant applied to the respondent for an extension of time – where the respondent has a statutory power to grant an extension of time if "special circumstances" exist – where the respondent refused that application – where the applicant applies to this Court for a statutory order of review of the respondent's decision to refuse her an extension of time – where the applicant submits the respondent took into account considerations irrelevant to whether "special circumstances" existed – whether the respondent took into account irrelevant considerations.
ADMINISTRATIVE LAW – JUDICIAL REVIEW – GROUNDS OF REVIEW – RELEVANT CONSIDERATIONS – where the applicant applies to this Court for a statutory order of review of the respondent's decision to refuse her an extension of time – where the applicant submits the respondent failed to take into account considerations relevant to whether "special circumstances" existed – whether the respondent failed to take into account relevant considerations.
ADMINISTRATIVE LAW – JUDICIAL REVIEW – GROUNDS OF REVIEW – OTHER CASES – where the applicant applies to this Court for a statutory order of review of the respondent's decision to refuse her an extension of time – where the applicant submits the respondent, in reaching its decision, exercised a discretionary power in accordance with a rule or policy without regard to the merit of the case – whether the respondent had regard to the merits of the case in reaching its decision.
ADMINISTRATIVE LAW – JUDICIAL REVIEW – GROUNDS OF REVIEW – ERROR OF LAW – where the applicant applies to this Court for a statutory order of review of the respondent's decision to refuse her an extension of time – where the applicant submits the respondent's decision involved an error of law by failing to apply the correct statutory test – whether the respondent's decision involved an error of law.

Critchley v Schlumberger Oilfield Australia Pty Ltd [2016] QDC 338
MAGISTRATES – COMMENCEMENT OF PROCEEDINGS – GENERALLY – where complaint and summons were made to prosecute offences under the Radiation Safety Act 1999 (Qld) – where the Magistrate struck out the complaint for failure to disclose an offence known to law – whether the complaints were properly and sufficiently pleaded – if not, whether the complaints were capable of amendment.

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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