In the media
Ex-Labor boss found guilty of inappropriately using
electoral roll
Former NSW secretary Jamie Clements may be fined up to $22,000
after being found guilty of using electoral roll information for an
unauthorised purpose (12 May 2017).
More...
Police given extra powers to target Queensland sex
predators
Convicted paedophiles could have their computers searched and be
forced to hand over passwords if police suspect an offence has
occurred, under new laws passed by the Queensland Parliament (12
May 2017).
More...
HLRC: Detaining children in adult prison unlawful:
Supreme Court rules against Victorian Government
The Victorian Supreme Court has ruled that detaining children at
the Barwon maximum security adult prison was unlawful and
prohibited the Victorian Government from continuing to detain
children there (11 May 2017). More...
Strategic Review of the Office of the Information
Commissioner
An independent strategic review of the Office of the Information
Commissioner (OIC) was conducted by
PricewaterhouseCoopers. Overall the review found that OIC provides
a high quality and professional service across all of its functions
(12 May 2017).
More...
HLRC: The Queensland Government delivers an apology that
rights historical wrongs
Rights groups have applauded the Queensland Government for
today's apology to people convicted under unjust laws against
homosexual acts (11 May 2017).
More...
Queensland Parliament apologises to men convicted of gay
sex offences
Queensland's Premier apologises for past discriminatory laws
that saw the hundreds of men convicted of gay sex offences. Under a
new bill introduced on Thursday, those who were charged can apply
to have their convictions wiped (11 May 2017).
More...
Unpaid fines could be cleared for some Queenslanders
with new laws
Some Queenslanders can now apply to clear unpaid fines by
attending counselling or education sessions under new laws passed
in Parliament on Wednesday night (11 May 2017).
More...
Transforming the family law system
The Turnbull Government today announces the first comprehensive
review into the family law system since the commencement of the
Family Law Act in 1976, paving the way for long term fundamental
reform to better meet the needs of modern Australian families (09
May 2017).
More...
Broadcast and Content Reform Package
The Government will introduce a comprehensive package of reforms
that will support Australia's broadcast sector. This will
reduce the exposure of children to gambling advertising and ensure
the creation of high quality Australian and children's content
(May 2017).
More...
Community Safety The Priority In Bail System
Overhaul
The Andrews Labor Government will make it harder than ever for
serious offenders to get bail in Victoria and community safety will
be given a much higher priority in a complete overhaul of the
state's bail system (08 May 2017).
More...
Qld Sentencing Advisory Council: Sentencing Spotlight on
child exploitation material offences in Queensland
In the last decade, the majority (78.1%) of offenders who went to
court received a custodial penalty of some sort. Female CEM
offenders (58.3%) were less likely to receive a custodial order
compared to males (78.5%) (08 May 2017).
More...
Council refuses to detail defects sparked by
investigation after concrete slab fell on tourist
The council is refusing to detail what defects consulting
engineers found when they investigated serious structural issues at
the Bruce Bishop carpark. A council spokesman, in a statement,
later replied: Any report regarding this investigation has been
conducted by Legal Services for the purposes of litigation and
would be a privileged document (04 May 2017).
More...
New Magistrates to serve Queensland
Attorney-General and Minister for Justice Yvette D'Ath has
today announced the appointment of three more Magistrates for
Queensland (04 May 2017).
More...
Margaret McMurdo appointed Legal Aid
Chair
Attorney-General and Minister for Justice Yvette D'Ath has
announced that Retired Justice Margaret McMurdo will be the new
Chair of the Legal Aid Board of Queensland (04 May 2017).
More...
Appointment of the Commonwealth Ombudsman
The Government has today announced the appointment of Mr Michael
Manthorpe PSM as the Commonwealth Ombudsman. Mr Manthorpe's
appointment is for a period of five years commencing on 8 May 2017
(03 May 2017).
More...
Government can detain asylum seekers brought to
Australia for medical reasons, High Court finds
The Federal Government continues to have the power to detain
people brought to Australia from offshore detention for medical
reasons, after the High Court ruled in its favour (03 May 2017).
More...
In practice and courts
OAIC: Updated guidance on 'personal
information'
The OAIC has developed a more detailed resource on applying the
definition of personal information, to complement existing
APP Guidelines. While in many cases, whether or not information
is personal information is a straightforward question, in some
cases the answer will depend on context and circumstances at hand.
The new
What is personal information? guide is an important
resource for privacy professionals, and one that reflects the most
up-to-date decisions of Australian courts (05 May 2017).
More...
AAT: Time limit – Applications for review of
protection (refugee) visa decisions
The Federal Circuit Court recently decided that the first day of
the time period for lodging an application for review of a
protection (refugee) visa decision in the Migration & Refugee
Division is the day the applicant was notified of the decision:
DZAFH v Minister for Immigration and Border Protection [2017] FCCA
387. This means the time period of 28 days (or 7 working
days for applicants in immigration detention) includes the day the
applicant was notified of the decision (02 May 2017).
OAIC Qld: Strategic Review report of the Office of the
Information Commissioner tabled
The Strategic Review report of the Office of the Information
Commissioner was tabled by the Hon Yvette D'Ath,
Attorney-General and Minister for Justice in Parliament today (11
May 2017).
More...
More...
OAIC Qld: Townsville City Council Review
The OAIC is currently reviewing the Townsville City Council to
assess its approach to right to information and information
privacy. This review is part of our ongoing program of agency
reviews (08 May 2017).
More...
More...
Queensland Family and Child Commission: A systems review
of individual agency findings following the death of a
child
The role of the Queensland Family and Child Commission in writing
this report was to examine current systems for reviewing the deaths
of vulnerable children and make recommendations for change to
create a contemporary and up-to-date child death review system. 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.
More...
Webinar: How to share personal information and be
privacy-compliant
Register for our one hour sharing information and privacy webinar
on 17 May 2017. The webinar is designed for anyone wanting a
greater understanding of privacy rights and responsibilities around
sharing personal information in accordance with the Information
Privacy Act 2009 (Qld).
More...
Published – articles, papers, reports
Sentencing Spotlight on child exploitation material
offences
Queensland Sentencing Advisory Council: 08 May 2017
The Sentencing Spotlight also shows that 354 offenders (22.6%)
were sentenced for CEM offences in conjunction with other, more
serious offending, the majority of which was child sex offending.
Young offenders were predominately diverted by police for
sexting-based offences.
More...
Data availability and use: inquiry report
Productivity Commission: 8 May 2017
This report offers guidance on where the benefits of greater data
use may be most evident, and ways that governments might engage
with the public to generate community understanding of the costs,
risks, and benefits associated with data sharing and use. More...
How to get the NDIS on track
National Disability Services: 4 May 2017
This discussion paper, released by National Disability Services
(NDS), details their recommendations on the way
forward for the National Disability Insurance Scheme.
More...
The chilling effect: the report into the state of press
freedom in Australia in 2017
Media Entertainment and Arts Alliance: 3 May 2017
This annual report into press freedom in Australia outlines the
challenges faced by journalists and media organisations.
More...
Forecasting trial delay in the NSW District Criminal
Court: an update
Wai-Yin Wan, Don Weatherburn; NSW Bureau of Crime Statistics
and Research: 1 May 2017
This study finds that changes in the number of pending trial cases
can be used to forecast changes in the time taken to finalise
criminal cases in the NSW District Criminal Court.
More...
Cases
Australian Competition and Consumer Commission v Yazaki
Corporation (No 3) [2017] FCA 465
TRADE PRACTICES – Consideration of s 76 of the
Competition and Consumer Act 2010 (Act)
and STATUTORY INTERPRETATION – Consideration of term
"enterprise" in s 76(5)(d) of the Act – where most
natural meaning of the term 'enterprise' is business
– whether supplies made by a subsidiary are made in
connection with a business carried on by the contravener for the
purposes of determining "annual turnover" in s 76(5) of
the Act.
PRACTICE AND PROCEDURE – Where the covert cartel conduct was
deliberate, sophisticated and devious – where only limited
conduct connected to Australia – where conduct nonetheless
bore upon substantial financial transactions between substantial
corporations in Australia – where no previous contraventions
of the Act – where no suggestion contravener voluntarily
undertook compliance training programs – where it is unclear
whether punishment imposed in foreign jurisdiction related to
conduct the subject of the Australian proceedings.
Certain Children v Minister for Families and Children &
Ors (No 2) [2017] VSC 251
ADMINISTRATIVE LAW – Jurisdictional Error –
Jurisdictional fact – Children Youth and Families Act
2005 (Vic) – Whether existence of certain
'facts' required to enliven power vested in Governor in
Council by Order to establish a remand centre and youth justice
centre under s 478(a) and (c) or power under s 484 vested in the
Secretary of the Department of Health and Human Services to cause
the removal of a person from one youth justice facility to another
– Control of Weapons Act 1990 (Vic) – Whether
existence of certain 'facts' required to enliven power
vested in Governor in Council by Order to exempt a class of persons
from prohibitions under the Act – Entitlements under s
482(2), prohibitions under s 487, and purpose under s 478 of
Children Youth and Families Act 2005 (Vic) considered
– Statute not mandating jurisdictional fact – No
jurisdictional error –Children Youth and Families Act
2005 (Vic), ss 1, 3, 8, 9, 10, 11, 478, 482, 484, 487, 488;
Control of Weapons Act 1990 (Vic) ss 5AA, 8B.
ADMINISTRATIVE LAW – Jurisdictional Error – Denial of
procedural fairness – Decision by delegate of Secretary to
remove a person in the lawful custody of the Secretary from a youth
remand centre to Grevillea youth remand centre – Whether
remandee has a right to be heard – Whether denial of
procedural fairness – No jurisdictional error –
Children Youth and Families Act 2005 (Vic) ss 1, 3, 8, 9,
10, 11, 478, 482, 484, 487, 488.
CHARTER OF HUMAN RIGHTS AND RESPONSIBILITIES – Unit at
Barwon maximum security adult gaol excised and established as a
youth justice centre and a youth remand centre – Order in
Council – Public authority – Whether acts incompatible
with a human right – Whether in making decision proper
consideration given to a human right – Protection of children
in their best interests – Protection from cruel, inhuman or
degrading treatment – Humane treatment when deprived of
liberty – Public authorities – Whether demonstrably
justified that rights subject to reasonable limits – Proper
consideration – Effect of incompatibility and failure to give
proper consideration – Remedies available – Habeas
Corpus and Certiorari considered – Declarations and
injunctions granted – Charter of Human Rights and
Responsibilities Act 2006 (Vic) ss 1, 7(2), 10(b), 17(1),
17(2), 22(1), 38(1), 39(1).
CHILDREN – Detention of children in remand centres and youth
justice centres – Unit at Barwon maximum security adult gaol
excised and established as a youth justice centre and a youth
remand centre – Rights and entitlements of children in lawful
custody of the Secretary of the Department of Health and Human
Services – Children Youth and Families Act 2005
(Vic) ss 1, 3, 482, 484, 487, 488.
Swebbs v Magistrates' Court of Victoria & Ors
[2017] VSC 229
JUDICIAL REVIEW — Statutory interpretation —
Application to be deemed not to be a prohibited person under
Firearms Act — Family violence intervention order with no
firearms condition — Exercise of discretion —
Firearms Act 1996, s 3, 189.
Victorian WorkCover Authority v BSA Limited & Ors
[2017] VSC 224
WORKCOVER – Employer – Worker – Deemed Worker
– Right of subrogation of employer's rights by Victorian
WorkCover Authority – Claimed error on the face of the
record.
JUDICIAL REVIEW AND APPEALS – Jurisdiction of
Magistrates' Court – Preliminary question –
Discretion – Fragmentation of hearing in an inferior court
– Magistrates' Court Act 1989 (Vic) s 109,
Administrative Law Act 1978 (Vic) s 10, Supreme Court
(General Civil Procedure) Rules 2015 (Vic);
Magistrates' Court General Civil Procedure Rules 2010
(Vic) r 47.04–47.05.
Shahin Enterprises Pty Ltd and Ors and Department of Education
and Training (Freedom of information) [2017] AICmr
38
Freedom of Information — Access grant — Whether
disclosure would disclose trade secrets or commercially valuable
information — Whether disclosure would unreasonably affect an
organisation in respect of its lawful business affairs —
(CTH) Freedom of Information Act 1982 ss 47(1), 47G.
'LG' and Department of Human Services (Freedom of
information) [2017] AICmr 37
Freedom of Information — Whether disclosure would disclose
the existence or identity of a confidential source of information
— (CTH) Freedom of Information Act 1982 s
37(1)(b).
Macdonald v Queensland Building and Construction
Commission [2017] QCAT 128
ADMINISTRATIVE LAW – ADMINISTRATIVE TRIBUNALS
–QUEENSLAND CIVIL AND ADMINISTRATIVE TRIBUNAL – costs-
where applicant was successful in a claim made against the QBCC in
respect of a refusal to pay a claim for rectification work without
the written approval by the QBCC- where application for costs.
Fernandez v Queensland Building and Construction
Commission [2017] QCAT 129
PROFESSIONS AND TRADES – LICENSING OR REGULATION OF OTHER
PROFESSIONS, TRADES OR CALLINGS – CERTIFIERS –
Administrative review of decision not to take disciplinary
action.
ADMINISTRATIVE LAW – ADMINISTRATIVE TRIBUNALS –
QUEENSLAND CIVIL AND ADMINISTRATIVE TRIBUNAL – Costs –
where unmeritorious review – where decision-maker in all
reviews seeks to appear through legal representatives – where
success on review would not overcome the owner-builder's
building problems – whether in the interests of justice to
make a costs order – nature of administrative review of
government decisions – where owner-builder
self-represented.
Wilson v Transport Accident Commission [2017] VSC
209
STATUTORY INTERPRETATION – transport accident legislation
– availability of compensation for bicycle riders involved in
collisions with motor vehicles – requirement for cyclist to
be 'travelling to or from [the] place of employment'
– cyclist lived and undertook employment on farm –
during purely recreational ride beginning and ending at farm,
cyclist ran into motor vehicle and suffered serious injuries
– Victorian Civil and Administrative Tribunal affirmed
decision of Transport Accident Commission refusing application for
compensation – appeal – whether tribunal erred in law
in interpreting eligibility provision so as to require a connection
between ride and employment at the place – upon introduction
of accident compensation for bicycle riders, similar eligibility
provisions in workers' compensation legislation had
long-accepted meaning requiring that connection – whether
Parliament intended to adopt this meaning – whether workers
compensation and transport accident compensation legislation in
pari materia – 'transport accident', 'travelling
to or from his or her place or employment' –
Victorian Civil and Administrative Tribunal Act 1998 (Vic)
s 148(1).
Legislation
Commonwealth
Social Security (Declared Overseas Terrorist Act) Declaration
2017 — London
03/05/2017 - This instrument declares the terrorist attack in
London on 22 March 2017 as an overseas terrorist act within the
meaning of subsection 35B(1) of the Social Security Act
1991. This declaration activates the Australian Victim of
Terrorism Overseas Payment scheme in relation to the London attack
on 22 March 2017.
Queensland
Bills Updated from Wednesday, 10 May 2017
Criminal Law (Historical Homosexual Convictions
Expungement) Bill 2017
Introduced on 11/05/2017. Stage reached: Referred to Committee on
11/05/2017.
The objective of the Bill is allowing people who have previously
been convicted of homosexual offences to apply to have their
historical conviction expunged.
Bills Updated in the last week
Local Government Electoral (Transparency and Accountability in
Local Government) and Other Legislation Amendment Bill
2016
Introduced on 1/12/2016 Stage reached: PASSED with amendment on
10/05/2017.
Corrective Services (Parole Board) and Other Legislation
Amendment Bill 2017
Introduced on 16/02/2017 Stage reached: 2nd reading adjourned on
9/05/2017. The primary objective of the Bill is to amend the
Corrective Services Act 2006 (Qld) to establish the Parole
Board Queensland.
State Penalties Enforcement Amendment Bill 2017
Introduced on 2/03/2017 Stage reached: PASSED with amendment on
10/05/2017. The Bill will amend the State Penalties Enforcement
Act 1999 (Qld) to modernise the management of penalty debts by
the State Penalties Enforcement Registry.
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.