Australia: Queensland Government Bulletin - 8 February 2017

Last Updated: 18 February 2017
Article by Paul Venus and Suzy Cairney

In the media

Acland coal mine expansion to begin new hearings in Land Court
Hearings will re-open in the case involving the expansion of the New Acland mine on Queensland's Darling Downs, the Land Court rules, following a new report submitted after the conclusion of evidence last year (03 February 2017). More...

Noongar Native Title agreement: $1.3b deal rejected by Federal Court
One of the biggest native title deals in Australian history has been struck a blow by a shock decision in the Federal Court, which found the agreement could not be registered because some Aboriginal representatives refused to sign off on it (02 February 2017). More...

Queensland bail laws face changes after woman's murder
Queensland's bail laws may be tightened in the wake of Gold Coast mother Teresa Bradford being killed by her estranged husband while he was out on bail on domestic violence charges, although a prominent criminal lawyer is warning against the move (01 February 2017). More...

Susan Kiefel sworn in as first female High Court Chief Justice
She was appointed as Chief Justice in November and was today received by a full High Court bench (30 January 2017). More...

Productivity Commission Review of the National Disability Insurance Scheme Costs
The Federal Government has published the terms of reference pertaining to a Productivity Commission review of the National Disability Insurance Scheme costs. The report resulting from the review will be due on the 15 September 2017. The review was launched by Treasurer, Scott Morrison, pursuant to Parts 2 and 4 of the Productivity Commission Act 1998 (27 January 2017). More...

QLS applauds new High Risk Youth Court in Townsville
Queensland Law Society congratulates the Queensland Government on the launch of a new specialist High Risk Youth Court that will hold its first sitting next week (27 January 2017). More... More...

Palaszczuk Government Chain of Responsibility guideline takes effect
The guideline for stronger environmental laws to prevent Queensland taxpayers picking up multimillion dollar environmental clean-up bills takes effect today (Friday) following extensive industry and public consultation (27 January 2017). More...

Queensland Cabinet vows to reject lockout laws
The Queensland Government has voted against the introduction of 1am lockouts, which were part of the second phase of liquor reforms to be introduced on 1 February. The restrictions introduced last year saw the cessation of drinks at 3am for venues in entertainment areas as well as the banning of rapid consumption drinks after midnight (27 January 2017). More...

Maroochydore Sands mine: Residents aim to raise $200,000 to fight project in court
Residents on Queensland's Sunshine Coast have vowed to fund a $200,000 legal battle against a proposed sand mine. Developers had wanted to build the Maroochydore Sands project at Forest Glen, but it was rejected by the Sunshine Coast Council last year. The developer is to appeal against that decision in the Planning and Environment Court (26 January 2017). More...

QLS supports move to scrap lockout laws
Queensland's peak solicitors' body has backed the state government's proposed scrapping of nightclub lockout laws and opts for a more measured mandatory digital screening process to identify potentially problematic patrons (24 January 2017). More...

In practice and courts

Redress Scheme for Survivors of Institutional Childhood Sexual Abuse
The Commonwealth Government has asked that practitioners be aware of how its Redress Scheme for Survivors of Institutional Childhood Sexual Abuse operates, including that survivor's eligibility for the scheme and their entitlements. The Government has provided an information sheet on the scheme.

Queensland Courts

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

Published – articles, papers, reports

Australia's privacy laws gutted in court ruling on what is 'personal information'
Jake Goldenfein: 19 January 2017
In possibly Australia's most important privacy case to date, the Federal Court today dealt a severe blow to Australia's information privacy laws by narrowing the definition of "personal information". By reasoning that data is only "personal information" if a person is the actual subject matter of that information, the court's decision means "personal information" does not include data that only reveals identity if linked with other data.


Casenote: Privacy Commissioner v Telstra Corporation Limited [2017] FCAFC 4
The Full Federal Court has unanimously overturned an appeal from the Privacy Commissioner against Telstra in a case concerning customer access under the Privacy Act 1988 (Cth) to "metadata" held by the company. While the case has a lengthy history, the appeal itself was determined on what Justice Kenny and Justice Edelman described as "a very narrow question of statutory construction concerning the meaning of the words "about an individual" as they applied in the Privacy Act prior to 12 March 2014" [at 5] (30 January 2017).

AIN v Medical Council of New South Wales [2017] NSWCATAP 23
ADMINISTRATIVE REVIEW – application under Privacy and Personal Information Protection Act 1998 – use and disclosure of personal information – duration of disclosure contravention - nature and content of disclosure - whether use as well as disclosure – errors of fact and law.

AIN v Medical Council of New South Wales [2017] NSWCATAP 22
ADMINISTRATIVE REVIEW – application under Privacy and Personal Information Protection Act 1998 – collection of personal information – meaning of lawful purpose – failure to exercise jurisdiction by not addressing Appellant's case on unlawfulness - disclosure of information – effect of non-publication order.

AIN v Medical Council of New South Wales [2017] NSWCATAP 21
ADMINISTRATIVE REVIEW – application under Privacy and Personal Information Protection Act 1998 – access to personal information – scope of application – meaning of s 14 of PPIP Act – identification of matters relevant to liability and remedy.

Harrington v Corrective Services New South Wales, Department of Justice [2017] NSWCATAD 46
ADMINISTRATIVE LAW; Disability Discrimination; direct discrimination; indirect discrimination; victimisation; application for dismissal under s 55 of the Civil and Administrative Tribunal Act 2013; lacking in substance; want of prosecution.

In the matter of OneSteel Manufacturing Pty Limited (administrators appointed) [2017] NSWSC 21
CONSTITUTIONAL LAW – legislative power – compulsory acquisition of property – Constitution s 51(xxxi) – whether PPSA s 267 is disapplied pursuant to PPSA s 252B – whether s 267 effects an acquisition of property within s 51(xxxi) – held, it does not effects an acquisition of property, but if it does it is not one within the meaning of s 51(xxxi), because it is not an acquisition for any purpose in respect of which the Commonwealth has power to make laws, but for the grantor's own purposes, and represents a genuine adjustment of the competing rights, claims and obligations between owners of interests in personal property – whether s 267 would be a valid exercise of power under Constitution s 51(xvii) and s 51(xxxvii) if it effected an acquisition of property within the meaning of s 51(xxxi) other than on just terms – held, although the heads of power that support s 267 sufficiently manifest an intention that at least to that extent they not be constrained by the indirect operation of s 51(xxxi), PPSA s 252B nonetheless would disapply a provision of PPSA if effects an acquisition of property within the meaning of s 51(xxxi) other than on just terms regardless of its constitutional validity – PPSA s 252B is not engaged, and so does not affect the operation of s 267.
COSTS – departing from general rule – whether unsuccessful defendant/cross-claimant acted unreasonably in relation to litigation – failure to accept offers of compromise made by successful plaintiff/cross-defendant – prima facie entitlement to indemnity costs – whether Court should order otherwise – Uniform Civil Procedure Rules 2005 (NSW) r 42.14, 42.15A.

'KO' and Australian Nuclear Science and Technology Organisation (Freedom of information) [2017] AICmr 7
Freedom of Information — Whether reasonable steps taken to locate documents (CTH) Freedom of Information Act 1982 s 24A.

'KN' and Department of the Prime Minister and Cabinet (Freedom of information) [2017] AICmr 6
Freedom of Information — Whether material in documents irrelevant to the request – Freedom of Information Act 1982 s 22.

'KM' and Department of Veterans' Affairs (Freedom of information) [2017] AICmr 5
Freedom of Information — Whether reasonable steps taken to locate documents (CTH) Freedom of Information Act 1982 s 24A.

'KL' and Department of Defence (Freedom of information) [2017] AICmr 4
Freedom of Information — Access grant — Whether disclosure of personal information is unreasonable — Whether contrary to public interest to release conditionally exempt documents — (CTH) Freedom of Information Act 1982 s 47F.

'KK' and Department of Veterans' Affairs (Freedom of information) [2017] AICmr 3
Freedom of Information — Whether reasonable steps taken to locate documents – (CTH) Freedom of Information Act 1982 s 24A.

Shales and Commonwealth Bank of Australia [2017] AATA 53
PRACTICE AND PROCEDURE – application for release from implied undertaking of confidentiality – requirements of Tribunal General Practice Direction Part 5 – whether special circumstances exist – assistance to the Tribunal - respondent released from the implied undertaking with respect to specified documents. Administrative Appeals Tribunal Act 1975 – s 2 – s 33(1AA) – s 33(1AB).

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.


Transport Operations (Road Use Management) (Offensive Advertising) Amendment Bill 2016
Introduced on 8/11/2016. Stage reached: Report from Committee on 2/02/2017.

Subordinate legislation as made – 27 January 2017

No 2 Land Court (Transitional) Regulation 2017 - The objective of this regulation, as stated in its explanatory notes, is to provide "greater certainty" to the Land Court in exercising functions or powers conferred on the court under certain "recommendatory provisions" [as defined in cl.3(3) of this regulation]. In particular, it "addresses issues arising from the decision in BHP Mitsui Coal Pty Ltd v Isdale [2015] QSC 107 ..., in which the Supreme Court found that matters that were referred to the Land Court under the Mineral Resources Act 1989 and the Environmental Protection Act 1994 were not 'proceedings' within the meaning of the Land Court Rules 2000, and that the court's functions in the exercise of this jurisdiction were of an administrative nature.

No 4 Liquor (Cairns CBD and Other 3a.m. Safe Night Precincts) Amendment Regulation 2017 - Liquor Act 1992.

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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