Australia: Queensland Government Bulletin – 17 May 2017

Last Updated: 19 May 2017
Article by Paul Venus and Suzy Cairney

Most Read Contributor in Australia, September 2017

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.

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