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).
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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).
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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).
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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.
Cases
'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.
