Australia: Queensland Government Bulletin – 19 April 2017

In the media

'Get a VPN' as metadata retention scheme deadline arrives, experts say
Today was the deadline for internet providers to be compliant with Australia's metadata retention scheme. If you don't want the Government to be able to see your online activity, then you better get a virtual private network, digital rights advocates say (13 April 2017). More...

Queensland leads the way to tackle domestic & family violence
Queensland's Department of Communities, Child Safety and Disability Services has been recognised as a national leader in preventing and responding to violence against women in the workplace (13 April 2017). More...

Queensland 2011 flood victims to mediate with Government
The Queensland Government and managers of the state's dams are ordered by the New South Wales Supreme Court to meet with lawyers for 2011 flood victims to try and settle a class action and avoid a lengthy trial (13 April 2017). More...

Productivity Commission report: Consumer Law Enforcement and Administration
The Government has today welcomed the Productivity Commission's report into Consumer Law Enforcement and Administration. The report makes four recommendations and 12 findings, and notes the complexities and challenges of having 10 regulators administer and enforce one law across the country" (12 April 2017). More...

Victorian Ombudsman calls for apology law reform
The Victorian Government should consider amending the law to allow public agencies to apologise for mistakes without fear of legal repercussions, according to a new report by the Victorian Ombudsman. Victorian Ombudsman Deborah Glass said that simply saying sorry was often the most effective way councils, government departments or similar bodies can resolve a dispute with a member of the public (10 April 2017). More...

IBAC investigation uncovers corruption of procurement processes at women's prison
An investigation by Victoria's anti-corruption commission, IBAC, reveals a former public sector manager abused his position at a Victorian women's prison by helping his son win $1.56 million in contracts over a five year period (10 April 2017). More...

'Devious' bureaucrat sentenced to jail over sophisticated scam
A former public servant has been sentenced to eight years' jail over a sophisticated fraud ring in Victoria's public transport sector (06 April 2017). More...

New rules streamline researchers' access to anonymised phone number information
From April 2017, the changes are intended to allow more efficient access to limited IPND information by researchers, subject to requirements such as completing a privacy impact statement (05 April 2017). More...

In practice and courts – Queensland

OAIC: Independent review of the Privacy (Credit Reporting) Code 2014
In April 2017, the Australian Information and Privacy Commissioner will tender for an independent review of the Privacy (Credit Reporting) Code 2014 (the CR Code). This review is an opportunity to explore how the CR Code, which commenced on 12 March 2014, is operating in practice (07 April 2017). More...

OAIC: Mandatory data breach notification
To support businesses and agencies in getting ready for the Notifiable Data Breaches scheme, the OAIC is developing guidance and organising events to help organisations understand their obligations and be prepared for commencement in 2018. The OAIC's Notifiable Data Breaches webpage provides more details, including how to keep informed of future consultation events (07 April 2017). More...

Inquiry into the New Bill for Protecting Vulnerable Employees
An inquiry into the Fair Work Amendment (Protecting Vulnerable Workers) Bill 2017 (Cth) (the Bill) was presented to the Senate Education and Employment Legislation Committee (the Committee) on 12 April 2017. More...

Commonwealth Consultations
13 April 2017 - Closing date for submission to the AGD for its review of the Statutory Declarations Regulations 1993 (Cth).
October 2017 - Closing date for comments to the FCA on the General Practice Notes. More...

In practice and courts – Victoria

Review of the state's suppression order laws
The review will consider what might be an appropriate balance between preserving the privacy of a person on a post-sentence supervision order and the public's right to know the details of those proceedings. Submissions to the review will close on 10 May 2017. Members of the public, media organisations and interested parties are invited to make submissions by visiting: Open courts act review.

Coronial Council Appeals Review
The Coronial Council of Victoria is conducting a review of the provisions under the Coroners Act 2008 that allow for appeals and the re-opening of investigations, to ensure laws are working appropriately. Submissions close 26 May 2017. The Coronial Council will consider whether any changes are needed and will report back to the Attorney-General by 1 November 2017. More...

In practice and courts – New South Wales

NSW IPC Bulletin April 2017
In this issue: Access to audio visual information under the GIPA Act; Development of national metrics under the Open Government Partnership National Action Plan; Quick Guide to Your GIPA Act Responsibilities. More...

Local Court Bench Book Update 123 published
Update 123 to the Local Court Bench Book has amended the Mental Health chapter (04 April 2017). More...

In practice and courts – Queensland

Queensland Parliamentary Inquiry - State Penalties Enforcement Amendment Bill 2017 The Bill has been referred to the Parliamentary Finance and Administration Committee for inquiry and report by 28 April 2017. More...

Queensland Sentencing Council: Classification of child exploitation material for sentencing purposes
Consultation into the review of the classification of child exploitation material for sentencing purposes has now closed. The final report is due to the Attorney-General on 31 May 2017 (11 April 2017). More...

CCC: Corruption prevention advisories
This advice highlights the risks and offences connected with lobbying within a public authority. It covers legislative requirements, risk factors, corruption offences and strategies to prevent corruption (05 April 2017). More...

Published – articles, papers, reports

Access to telecommunications data in civil proceedings
On 13 April 2017, the Government tabled a report in Parliament outlining the outcomes of a review of the restriction on civil litigant access to telecommunications data retained under the data retention scheme. The review concluded that sufficient evidence had not been received to sustain a recommendation that regulations be made to allow civil litigants to access the data. More...

Oversight and regulatory mechanisms aimed at protecting children from sexual abuse: understanding current evidence of efficacy
Royal Commission into Institutional Responses to Child Sexual Abuse; Ben Mathews: 10 April 2017
This report assesses the efficacy of oversight bodies in protecting children from sexual abuse, focusing on institutional contexts. More...

Apologies report
Victorian Ombudsman: tabled in Parliament 11 April 2017
The report recommends that the Victorian Government consider amending Part IIC of the Wrongs Act 1958. More...

Cases

'LE' and Department of the Environment and Energy (Freedom of information) [2017] AICmr 36
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 ss 11A(5), 47F.

William Yabsley and Australia Post (Freedom of information) [2017] AICmr 35
Freedom of Information — Whether reasonable steps taken to locate documents — (CTH) Freedom of Information Act 1982 s 24A.

John Mullen and Aged Care Complaints Commissioner (Freedom of information) [2017] AICmr 34
Freedom of Information —Documents to which secrecy provisions of enactments apply — Whether reasonable steps taken to find document — Form of access — Freedom of Information Act 1982 ss 20, 24A, 38.

Community and Public Sector Union and Department of Health (Freedom of information) [2017] AICmr 33
Freedom of Information — Whether disclosure of documents would prejudice lawful investigative methods or procedures — Whether documents contain deliberative matter prepared for a deliberative process — Whether contrary to public interest to release conditionally exempt documents — (CTH) Freedom of Information Act 1982 ss 11A(5), 37(2)(b), 47C.

'LD' and Department of Defence (Freedom of information) [2017] AICmr 32
Freedom of Information — Whether disclosure would cause damage to the security of the Commonwealth — (CTH) Freedom of Information Act 1982 s 33(a)(i).

'LC' and Australia Post (Freedom of information) [2017] AICmr 31
Freedom of Information — Whether disclosure would have a substantial adverse effect on management or assessment of personnel — Whether contrary to public interest to release conditionally exempt documents — (CTH) Freedom of Information Act 1982 ss 11A(5), 47E(c).

Chalker v Murrays Australia Pty Ltd [2017] NSWCATAD 112
HUMAN RIGHTS – DIRECT DISCRIMINATION complaint of disability discrimination in employment – where applicant for position of bus driver disclosed that he has borderline personality disorder –prospective employer refuses to employ applicant when the recommendation from an independent medical practitioner was to undertake further evaluation by an independent psychiatrist – where no further investigation undertaken – where applicant was said to be argumentative and difficult –consideration of circumstances for purposes of comparison with an applicant without that disability.

Turner v NSW Health Pathology, Forensic & Analytical Science Service [2017] NSWCATAD 114
ADMINISTRATIVE REVIEW - Government Information – validity of access application - reasonableness of searches – access to personal information - public interest considerations in favour of disclosure – public interest considerations against disclosure – personal information – balancing exercise – inconsistencies - allegations of impropriety and unlawfulness - request for referral to Minister – jurisdiction.

Monastirski v Independent Liquor & Gaming Authority [2017] NSWCATAD 115
ADMINISTRATIVE REVIEW – long-term banning orders from attending high risk venues in the Kings Cross and Sydney CBD Entertainment precincts – interpretation of sections 116AE and 116G of the Liquor Act 2007 (NSW)– protective and punitive purposes - considerations to be taken into account – – period of banning.

Victorian WorkCover Authority v Roska Nedelkovska [2017] VSC 186
ADMINISTRATIVE LAW — Judicial review — Decision of magistrate to refuse to refer certain documents to a medical panel pursuant to s 304(b) of the Workplace Injury Rehabilitation and Compensation Act 2013 — Whether certiorari should be granted — Certiorari granted and the decision of the magistrate quashed.

Re Day [No 2] [2017] HCA 14
Constitutional law – Parliamentary elections (Cth) – Senate – Reference to Court of Disputed Returns – Where person elected and re-elected as senator – Where person stood to gain financially from Commonwealth paying rent under lease of person's electorate office – Where person's bank account nominated by lessor as bank account for payment of rent by Commonwealth – Where payment of rent reduced person's contingent liability as guarantor under loan facilities – Where person had prospect of receiving distribution of rent proceeds as beneficiary of discretionary trust – Whether person had indirect pecuniary interest in lease agreement with Commonwealth – Whether person incapable of being chosen or of sitting as senator under s 44(v) of Constitution – Whether vacancy should be filled by special count of ballot papers – Whether special count would distort voters' real intention.

Rus v Comcare (No 2) [2017] FCA 356
ADMINISTRATIVE LAW – scope of remittal – where the Tribunal was found to have erred in law in relation to the only issue it was required to determine – whether redetermination by the Tribunal of that issue be made on evidence already adduced, without further evidence – where the Tribunal's error of law did not impact on the material findings of fact it made, remittal made on the basis of no further evidence unless proper cause be shown. Safety, Rehabilitation and Compensation Act 1988 (Cth) s 5.

SZVBT v Minister for Immigration and Border Protection [2017] FCA 355
MIGRATION – challenge to decision of Refugee Review Tribunal – adverse findings as to credit – findings not irrational.
ADMINISTRATIVE LAW – adequacy of reasons – the value of properly reasoned decisions – need for reasons to be intelligible – intelligible to the persons to whom they are directed – inadequacy of confused and confusing reasons – absence of an interpreter at final hearing when otherwise represented.
ADMINISTRATIVE LAW – jurisdictional error – confused and confusing reasons. PRACTICE AND PROCEDURE – alleged denial of procedural fairness by Federal Circuit Court – failure to provide interpreter.
PRACTICE AND PROCEDURE – leave refused to raise new ground of appeal – prejudice to opposing party.

Robbie v Strasburger Enterprises Pty Ltd t/as Quix Food Stores & Ors [2017] NSWSC 363
ADMINISTRATIVE LAW – judicial review – decision of a delegate of the Registrar of the Workers Compensation Commission – construction of the Workers Compensation Guidelines – proper use of the Combined Values Chart in AMA5 when combining whole person impairment value for spinal injury involving persisting radiculopathy with two modifiers for spinal surgeries.

CVM v New South Wales Department of Education, Early Childhood Education & Care Directorate [2017] NSWCATAD 108
ADMINISTRATIVE LAW – National Law - Education and care services – objects and principles of National Law – jurisdiction - service approval –- whether or not the service has commenced ongoing operation – breach of condition - cancellation or suspension.

Zonnevylle v Department of Education [2017] NSWCATAD 101
ADMINISTRATIVE REVIEW - Government Information – reasonableness of searches – reasonable searches – public interest considerations in favour of disclosure – public interest considerations against disclosure - prejudice to effective exercise of agency functions - expose a person to a risk of harm or of serious harassment or serious intimidation – balancing exercise - allegations of misconduct - failed to exercise in good faith - function conferred on officer – request for referral to Minister – jurisdiction. PROCEDURAL FAIRNESS – application for disqualification - actual bias - apprehended bias.

DAB v Byron Shire Council [2017] NSWCATAD 104
ADMINISTRATIVE LAW – registration metered parking scheme operated by Council in Broken Bay – Council collected licence plate numbers at its parking meters – whether 'personal information' – whether collected for a lawful purpose directly related to an activity or function of the agency – whether reasonable necessary for a parking scheme - whether information collected by unlawful means – whether agency informed motorists that information was being collected, its purpose, or of the 'intended recipients of the information' – whether agency informed motorists that information was required by law or voluntary – whether agency informed motorists of its name and address – whether agency did everything reasonably within its power to prevent unauthorised disclosure.

Legislation – Commonwealth

Regulations

Telecommunications (Service Provider — Identity Checks for Prepaid Mobile Carriage Services) Determination 2017 07/04/2017 - This instrument sets out the regulatory framework for the supply of prepaid mobile services by carriage service providers and repeals the Telecommunications (Service Provider – Identity Checks for Prepaid Mobile Carriage Services) Determination 2013.

Legislation – Victoria

Proclamations and Commencements

No. 17: Racing and Other Acts Amendment (Greyhound Racing and Welfare Reform) Act 2016
Assent: 19/04/2016 SG (No. 101) 19/4/2016 p. 1 Commencement: Ss 1-10(1), 11-14, 17-20 on 04/05/2016: SG (No. 131) 3/5/2016 p. 1 Ss 10(2), 15, 16 on 10/04/2017: SG (No. 111) 4/4/2017 p. 1. Not yet in operation: Ss 10(2), 15, 16: on 10/04/2017: SG (No. 111) 4/4/2017 p. 1.

No. 53: National Domestic Violence Order Scheme Act 2016
Commencement: Pts 1 (ss 1-3), 9 (ss 82-87) on 05/04/2017: SG (No. 111) 4/4/2017 p. 1. Not yet in operation: Ss 4-81, 88-128.

Statutory Rules made

No. 14: Supreme Court (Chapter I Recovery of Pro Bono Costs Amendment) Rules 2017
Commencement: 01/04/2017: rule 3. Not yet in operation: Rules 1-4: on 01/04/2017: rule 3. Sunset Date: 30/03/2027.

No. 15: Supreme Court (E-Filing Amendments) Rules 2017
Commencement: 18/04/2017: rule 3 Not yet in operation: Rules 1-27: on 18/04/2017: rule 3. Sunset Date: 30/03/2027.

No. 17: Powers of Attorney Amendment Regulations 2017
Date of Making: 12/04/2017 Commencement: 01/05/2017: reg. 3
Not yet in operation: Regs 1-10: on 01/05/2017: reg. 3. Sunset Date: 12/04/2027

No. 20: Children, Youth and Families (Children's Court Family Division) Rules 2017
Date of Making: 12/04/2017 Commencement: 18/04/2017: rule 3. Not yet in operation: Rules 1-10: on 18/04/2017: rule 3. Sunset Date: 12/04/2027.

Access Victorian legislation here www.legislation.vic.gov.au

Legislation – New South Wales

Regulations and other miscellaneous instruments

Administrative Arrangements (Administration of Acts—Amendment No 2) Order 2017 (2017-141) — published LW 13 April 2017.

Criminal Records Amendment (Historical Homosexual Offences) Regulation 2017 (2017-149) — published LW 13 April 2017.

Administrative Arrangements (Administrative Changes—Public Service Agencies) Amendment Order 2017 (2017-128) — published LW 7 April 2017.

Uniform Civil Procedure (Amendment No 84) Rule 2017 (2017-130) — published LW 7 April 2017.

Legislation – Queensland

Regulations to 13 April 2017

No 52 Criminal Practice (Fees) and Other Legislation Amendment Regulation 2017
Coroners Act 2003; Justices Act 1886; Supreme Court of Queensland Act 1991.

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.

To print this article, all you need is to be registered on Mondaq.com.

Click to Login as an existing user or Register so you can print this article.

Authors
 
Some comments from our readers…
“The articles are extremely timely and highly applicable”
“I often find critical information not available elsewhere”
“As in-house counsel, Mondaq’s service is of great value”

Up-coming Events Search
Tools
Print
Font Size:
Translation
Channels
Mondaq on Twitter
 
Register for Access and our Free Biweekly Alert for
This service is completely free. Access 250,000 archived articles from 100+ countries and get a personalised email twice a week covering developments (and yes, our lawyers like to think you’ve read our Disclaimer).
 
Email Address
Company Name
Password
Confirm Password
Position
Mondaq Topics -- Select your Interests
 Accounting
 Anti-trust
 Commercial
 Compliance
 Consumer
 Criminal
 Employment
 Energy
 Environment
 Family
 Finance
 Government
 Healthcare
 Immigration
 Insolvency
 Insurance
 International
 IP
 Law Performance
 Law Practice
 Litigation
 Media & IT
 Privacy
 Real Estate
 Strategy
 Tax
 Technology
 Transport
 Wealth Mgt
Regions
Africa
Asia
Asia Pacific
Australasia
Canada
Caribbean
Europe
European Union
Latin America
Middle East
U.K.
United States
Worldwide Updates
Check to state you have read and
agree to our Terms and Conditions

Terms & Conditions and Privacy Statement

Mondaq.com (the Website) is owned and managed by Mondaq Ltd and as a user you are granted a non-exclusive, revocable license to access the Website under its terms and conditions of use. Your use of the Website constitutes your agreement to the following terms and conditions of use. Mondaq Ltd may terminate your use of the Website if you are in breach of these terms and conditions or if Mondaq Ltd decides to terminate your license of use for whatever reason.

Use of www.mondaq.com

You may use the Website but are required to register as a user if you wish to read the full text of the content and articles available (the Content). You may not modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, link, display, or in any way exploit any of the Content, in whole or in part, except as expressly permitted in these terms & conditions or with the prior written consent of Mondaq Ltd. You may not use electronic or other means to extract details or information about Mondaq.com’s content, users or contributors in order to offer them any services or products which compete directly or indirectly with Mondaq Ltd’s services and products.

Disclaimer

Mondaq Ltd and/or its respective suppliers make no representations about the suitability of the information contained in the documents and related graphics published on this server for any purpose. All such documents and related graphics are provided "as is" without warranty of any kind. Mondaq Ltd and/or its respective suppliers hereby disclaim all warranties and conditions with regard to this information, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement. In no event shall Mondaq Ltd and/or its respective suppliers be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use or performance of information available from this server.

The documents and related graphics published on this server could include technical inaccuracies or typographical errors. Changes are periodically added to the information herein. Mondaq Ltd and/or its respective suppliers may make improvements and/or changes in the product(s) and/or the program(s) described herein at any time.

Registration

Mondaq Ltd requires you to register and provide information that personally identifies you, including what sort of information you are interested in, for three primary purposes:

  • To allow you to personalize the Mondaq websites you are visiting.
  • To enable features such as password reminder, newsletter alerts, email a colleague, and linking from Mondaq (and its affiliate sites) to your website.
  • To produce demographic feedback for our information providers who provide information free for your use.

Mondaq (and its affiliate sites) do not sell or provide your details to third parties other than information providers. The reason we provide our information providers with this information is so that they can measure the response their articles are receiving and provide you with information about their products and services.

If you do not want us to provide your name and email address you may opt out by clicking here .

If you do not wish to receive any future announcements of products and services offered by Mondaq by clicking here .

Information Collection and Use

We require site users to register with Mondaq (and its affiliate sites) to view the free information on the site. We also collect information from our users at several different points on the websites: this is so that we can customise the sites according to individual usage, provide 'session-aware' functionality, and ensure that content is acquired and developed appropriately. This gives us an overall picture of our user profiles, which in turn shows to our Editorial Contributors the type of person they are reaching by posting articles on Mondaq (and its affiliate sites) – meaning more free content for registered users.

We are only able to provide the material on the Mondaq (and its affiliate sites) site free to site visitors because we can pass on information about the pages that users are viewing and the personal information users provide to us (e.g. email addresses) to reputable contributing firms such as law firms who author those pages. We do not sell or rent information to anyone else other than the authors of those pages, who may change from time to time. Should you wish us not to disclose your details to any of these parties, please tick the box above or tick the box marked "Opt out of Registration Information Disclosure" on the Your Profile page. We and our author organisations may only contact you via email or other means if you allow us to do so. Users can opt out of contact when they register on the site, or send an email to unsubscribe@mondaq.com with “no disclosure” in the subject heading

Mondaq News Alerts

In order to receive Mondaq News Alerts, users have to complete a separate registration form. This is a personalised service where users choose regions and topics of interest and we send it only to those users who have requested it. Users can stop receiving these Alerts by going to the Mondaq News Alerts page and deselecting all interest areas. In the same way users can amend their personal preferences to add or remove subject areas.

Cookies

A cookie is a small text file written to a user’s hard drive that contains an identifying user number. The cookies do not contain any personal information about users. We use the cookie so users do not have to log in every time they use the service and the cookie will automatically expire if you do not visit the Mondaq website (or its affiliate sites) for 12 months. We also use the cookie to personalise a user's experience of the site (for example to show information specific to a user's region). As the Mondaq sites are fully personalised and cookies are essential to its core technology the site will function unpredictably with browsers that do not support cookies - or where cookies are disabled (in these circumstances we advise you to attempt to locate the information you require elsewhere on the web). However if you are concerned about the presence of a Mondaq cookie on your machine you can also choose to expire the cookie immediately (remove it) by selecting the 'Log Off' menu option as the last thing you do when you use the site.

Some of our business partners may use cookies on our site (for example, advertisers). However, we have no access to or control over these cookies and we are not aware of any at present that do so.

Log Files

We use IP addresses to analyse trends, administer the site, track movement, and gather broad demographic information for aggregate use. IP addresses are not linked to personally identifiable information.

Links

This web site contains links to other sites. Please be aware that Mondaq (or its affiliate sites) are not responsible for the privacy practices of such other sites. We encourage our users to be aware when they leave our site and to read the privacy statements of these third party sites. This privacy statement applies solely to information collected by this Web site.

Surveys & Contests

From time-to-time our site requests information from users via surveys or contests. Participation in these surveys or contests is completely voluntary and the user therefore has a choice whether or not to disclose any information requested. Information requested may include contact information (such as name and delivery address), and demographic information (such as postcode, age level). Contact information will be used to notify the winners and award prizes. Survey information will be used for purposes of monitoring or improving the functionality of the site.

Mail-A-Friend

If a user elects to use our referral service for informing a friend about our site, we ask them for the friend’s name and email address. Mondaq stores this information and may contact the friend to invite them to register with Mondaq, but they will not be contacted more than once. The friend may contact Mondaq to request the removal of this information from our database.

Security

This website takes every reasonable precaution to protect our users’ information. When users submit sensitive information via the website, your information is protected using firewalls and other security technology. If you have any questions about the security at our website, you can send an email to webmaster@mondaq.com.

Correcting/Updating Personal Information

If a user’s personally identifiable information changes (such as postcode), or if a user no longer desires our service, we will endeavour to provide a way to correct, update or remove that user’s personal data provided to us. This can usually be done at the “Your Profile” page or by sending an email to EditorialAdvisor@mondaq.com.

Notification of Changes

If we decide to change our Terms & Conditions or Privacy Policy, we will post those changes on our site so our users are always aware of what information we collect, how we use it, and under what circumstances, if any, we disclose it. If at any point we decide to use personally identifiable information in a manner different from that stated at the time it was collected, we will notify users by way of an email. Users will have a choice as to whether or not we use their information in this different manner. We will use information in accordance with the privacy policy under which the information was collected.

How to contact Mondaq

You can contact us with comments or queries at enquiries@mondaq.com.

If for some reason you believe Mondaq Ltd. has not adhered to these principles, please notify us by e-mail at problems@mondaq.com and we will use commercially reasonable efforts to determine and correct the problem promptly.