Australia: Queensland Government Bulletin - 25 January 2017

Last Updated: 1 February 2017
Article by Paul Venus and Suzy Cairney

In the media

Brisbane courts: Juror's internet search may force retrial
Taxpayers may be forced to stump up for the cost of a new trial for a Queensland police officer, after a judge told a court that a juror playing detective during a criminal trial may have flouted his orders (21 January 2017). More...

An Australian court has ruled your metadata is not personal information
The Australian Privacy Commissioner's quest to have telecommunications metadata classified as personal has come to an abrupt halt, with the full bench of the Federal Court ruling against the organisation (20 January 2017). More...

Police officer reprimanded for 'excessive' arrest
A tribunal finds Brisbane police officer who pushed a disabled driver into a petrol bowser during an arrest was guilty of 'significant misconduct' (21 January 2017). More...

QLS welcomes return of Sentencing Advisory Council
Queensland Law Society has welcomed the re-instatement of the Sentencing Advisory Council – saying it was vital to the delivery of justice throughout the state (20 January 2017). More...

Review of the National Disability Insurance Scheme costs | The Hon Scott Morrison MP
The Government has announced a Productivity Commission review into the National Disability Insurance Scheme costs consistent with the Heads of Agreements with the states and territories and the Commonwealth. Further information and the terms of reference are available on the Commission's website (20 January 2017). More...

Turnbull Government must not compromise NDIS
The Turnbull Government must guarantee Queenslanders with disability the National Disability Insurance Scheme (NDIS) will not be watered down following a Productivity Commission review announced today (20 January 2017). More...

Police appeal court ruling relating to Palm Island death in custody
Queensland Police appeal against the Federal Court's ruling in a discrimination case over a death in custody on Palm Island that awarded $200,000 to Lex Wotton and his family (19 January 2017). More...

QSAC to examine classification of child exploitation material
Queensland Attorney-General and Minister for Justice Yvette D'Ath is today announcing that she has asked the recently re-established Queensland Sentencing Advisory Council (QSAC) to review the classification of child exploitation material for sentencing purposes (19 January 2017). More...

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...

Executive could be jailed for missing jury duty: Are business commitments an excuse?
A company chief financial officer faced court this week after not appearing at jury duty, with reports suggesting he could be facing jail time (12 January 2017). More...

In practice and courts

OAIC Privacy: the diamond in the rough for start-up businesses
Safeguarding privacy has never been more important to a start-up's success. A successful start-up may also be required to comply with the Privacy Act 1988 in the future. Addressing privacy at the start can save time and money later. The OIAC has released two new videos and a handy resource to help start-up businesses understand how to get started in getting privacy right (16 January 2017). More...

Queensland Courts
Conduct of appeals - Family Court of Australia, 1 of 2017.

QLS: Your views on RTI and information privacy sought
The Queensland Government has released a consultation paper inviting public submissions on the review of Queensland's Right to Information Act 2009 and the Information Privacy Act 2009. QLS is seeking comments from practitioners on key issues raised by these Acts, including whether their primary objectives remain valid and how existing provisions might be improved to better meet those primary functions. Feedback will be received, by COB Friday 27 January.


'KJ' and Department of Defence (Freedom of information) [2017] AICmr 2
Freedom of Information — Whether the request satisfies the identification of documents requirement — (CTH) Freedom of Information Act 1982 ss.24, 24AA, 24AB.

KI' and Commonwealth Scientific and Industrial Research Organisation (Freedom of information) [2017] AICmr 1
Freedom of Information — Whether disclosure would have a substantial adverse effect on the management or assessment of personnel — Whether contrary to public interest to release conditionally exempt documents — Whether material in documents irrelevant to request – Whether reasonable steps taken to locate documents (CTH) Freedom of Information Act 1982 ss.11A(5), 22, 24A, 47E(c).

VFRG and Office of the Australian Information Commissioner (Freedom of information) [2017] AATA 32
FREEDOM OF INFORMATION – whether decision should be remitted for reconsideration in accordance with s.42D of the Administrative Appeals Tribunal Act 1975 – claim of fraudulent interpretation of s.47E(d) basis of Applicant's contentions – limited Statement of Facts and Contentions, T-Documents and other information available to the Tribunal – Applicant opposed to s.42D remittal - request for remittal under s.42D refused.

CGG v Commissioner of Police, NSW Police Force [2017] NSWCATAD 29
PRIVACY – Retention by Commissioner of Police of fingerprints obtained for security licensing purposes under the Security Industry Act 1997 (NSW) – Second applicant failed to apply for internal review – Tribunal lacks jurisdiction in respect of second applicant's application - Whether Commissioner exempt from compliance with amendment principle – Security Industry Act provides that Commissioner may use fingerprints obtained under that Act for any purpose and confers discretion to refuse application for destruction of fingerprints - Whether Security Industry Act reasonably contemplates non-compliance with obligation to delete personal information upon request where not relevant to purposes of collection and use - Whether Commissioner has contravened obligation to ensure first applicant's personal information kept for no longer than is necessary for the purposes for which it may lawfully be used – Whether power in Security Industry Act to use fingerprints for any purpose authorises use for purposes extraneous to that Act.

Salt v State of Victoria [2017] VSC 6
STATUTORY INTERPRETATION – Crown immunity from suit in tort – Whether statutory removal of Crown immunity in tort under the Crown Proceedings Act 1958 (Vic) extends to personal liability, or is limited only to vicarious liability – Relevance of High Court's construction of the Judiciary Act 1903 (Cth) – Consideration of differing historical and statutory contexts – Crown Proceedings Act 1958 (Vic) ss.23, 25 – Judiciary Act 1903 (Cth) s.64 – Hall v Whatmore [1961] VicRp 35; [1961] VR 225, Project Blue Sky Inc v Australian Broadcasting Authority (1998) 194 CLR 355 applied – Maguire v Simpson [1977] HCA 63; (1977) 139 CLR 362, The Commonwealth v Evans Deakin Industries Ltd [1986] HCA 51; (1986) 161 CLR 254, Commonwealth v Mewett (1997) 191 CLR 471, Blunden v Commonwealth of Australia (2003) 218 CLR 330, Soil Conservation Authority v Read [1979] VicRp 55; [1979] VR 557 considered.
PRACTICE AND PROCEDURE – Reservation of proceeding or question for the Court of Appeal – Plaintiff's application for reservation of certain questions – Supreme Court Act 1986 (Vic) s.17B(2) – Construction, Forestry, Mining and Energy Union v Boral Resources (Vic) Pty Ltd & Ors (2014) 318 ALR 107, Collins v Black [1995] VicRp 26; [1995] 1 VR 409 applied.

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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