Australia: Queensland Government Bulletin – 12 July 2017

Last Updated: 18 July 2017
Article by Paul Venus, Stephen Burton, Suzy Cairney and Trent Taylor

Most Read Contributor in Australia, July 2017

In the media

Ombudsman to conduct OPCAT-style inspection of the Dame Phyllis Frost Centre
Victoria must ensure people held in places of detention are treated in a humane and dignified way after the Australian Government ratifies an important United Nations convention. The Ombudsman has decided to conduct the pilot inspection at the Dame Phyllis Frost Centre (DPFC) in July 2017. Submissions close 18 August 2017 (07 July 2017). More...

Improving access to Victims Of Crime Assistance Tribunal
The Andrews Labor Government is working to make it easier for victims of crime to access compensation through the Victims of Crime Assistance Tribunal (VOCAT). Attorney-General Martin Pakula today asked the Victorian Law Reform Commission (VLRC) to broaden its current review of the way VOCAT engages with family violence victims to consider all victims of crime (07 July 2017). More...

Governments must end youth detention abuse
The Australian Human Rights Commission today expressed continuing and deep concern about the abuse of young people in detention, saying the focus on punitive measures is failing young people (07 July 2017). More...

Human Rights Commissioner calls for OPCAT input
Human Rights Commissioner Edward Santow is seeking submissions on Australia's implementation of the Optional Protocol to the Convention against Torture (OPCAT) (07 July 2017). More...

Community groups call for greater freedom to speak out
Australian governments must act now to safeguard and encourage vibrant debate on matters of public interest, 15 non-government organisations have said in a new report Defending Democracy, released on 05 July 2017. More...

Ministerial guidelines sets new standards for the Parole Board Queensland
Corrective Services Minister Mark Ryan has issued robust new guidelines for the Parole Board Queensland when deciding whether to grant parole to prisoners (05 July 2017). More...

Statement by the Australian Information and Privacy Commissioner, Timothy Pilgrim, on personal information of Australian telecommunication customers
In light of the information provided, the OAIC considered that these allegations did not point to a failure on the part of the three providers to ensure reasonable steps are being taken to protect the personal information of Australian telecommunication customers at offshore call centres, and that no further regulatory action is warranted at this time (04 July 2017). More...

New body to investigate judicial complaints
A new independent body established by the Andrews Labor Government to investigate complaints and concerns about the conduct of judicial officers and VCAT members began work today (03 July 2017). More...

National Firearms Amnesty officially commences
The National Firearms Amnesty commenced on 1 July, giving Australians an opportunity to hand in unregistered and unwanted firearms and improve community safety (01 July 2017). More...

Palaszczuk Government boosts help for crime victims
Attorney-General and Minister for Justice Yvette D'Ath said the new Charter of Victims' Rights provided standards for how victims of crime should be treated when interacting with agencies within the legal process. For more information about the changes, visit www.qld.gov.au/victims (01 July 2017). More...

Palaszczuk Government supports startup helping parents keep kids safe online
A Silicon Valley startup is helping parents protect Queensland children from cyber bullying and online predators with backing from the Palaszczuk Government's Advance Queensland Hot DesQ program (30 June 2017). More...

New Queensland Integrity Commissioner appointed
Premier Annastacia Palaszczuk has today announced the appointment of Dr Nikola Stepanov as the Queensland Integrity Commissioner (29 June 2017). More...

New members to the Parole Board Queensland appointed
Minister for Corrective Services has today announced the new single Queensland Parole Board following last year's parole system review by Mr Walter Sofronoff QC (29 June 2017). More...

QLS salutes appointment of former solicitor as new Federal Administrative Appeals Tribunal president
Queensland's peak solicitor body has applauded the appointment of a former solicitor as Australia's new president of the Federal Administrative Appeals Tribunal (28 June 2017). More...

Appointments to the Administrative Appeals Tribunal
The Attorney-General announces the appointment of the Hon Justice David Thomas as President of the Administrative Appeals Tribunal (AAT). Justice Thomas has also been appointed as a judge of the Federal Court (28 June 2017). More...

Committals an essential feature of a fair criminal justice system
Committal hearings are integral to ensuring fairness in criminal proceedings, the LIV has argued in a submission on proposed reforms to criminal procedure – and any changes to committal procedure should be explored only to the extent that they do not undermine the accused's right to a fair trial (28 June 2017). More...

New probation and parole office for Southport opens
The new $1.5 million purpose-built Probation and Parole office at Southport was officially opened today by Minister for Corrective Services Mark Ryan (28 June 2017). More...

Statement from Attorney-General and Minister for Justice
The Independent Review of Youth Detention in Queensland was initiated in 2016 by the Palaszczuk Government in response to allegations of abuse at the Cleveland and Brisbane Youth Detention Centres (28 June 2017). More...

Former Brisbane police officer to appear in court for misusing confidential information
A 60-year-old former male Sergeant was yesterday served with a Notice to Appear in court for the alleged unauthorised use of a Queensland Police Service (QPS) QPRIME database (28 June 2017). More...

ID scanners already keeping licenced venues safe
The Palaszczuk Government's implementation of ID scanners in licenced venues has already stopped people on banning orders entering our pubs and clubs 22 times on the weekend (27 June 2017). More...

New AHRC President; New Proposed Privacy Commissioner and Youth Koori Court in NSW
On 20 June 2017, there was an announcement by the Federal Attorney-General of the appointment of Emeritus Professor Rosalind Croucher AM as the next President of the Australian Human Rights Commission (AHRC) commencing her seven-year term on 30 July 2017. Additionally, the NSW Attorney-General has announced a proposed Privacy Commissioner appointment and additional funding for a Youth Koori Court in NSW (26 June 2017). More...

Tackling Encryption and Border Security key Priorities at Five-Eyes Meeting in Ottawa
Senator Brandis and Mr Dutton will attend the Five Country Ministerial (FCM) on National Security. Senator Brandis will also attend the Quintet meeting of Attorneys-General. Senator Brandis said "The countries meeting in Ottawa are among the most important partners for Australia in ensuring the integrity of our borders (25 June 2017). More...

In practice and courts

Commonwealth Ombudsman now handles complaints about VET FEE-HELP and VET Student Loans
The VET Student Loans Ombudsman function is operational and available to the public (01 July 2017). More...

Family Court, FCC orders now all digital
As of 1 July, all orders from the Family Court and Federal Circuit Court will be signed and sealed electronically and available for download from comcourts.gov.au. Practitioners will need to register at this portal, link their firm and files, and set email notifications. More...

High Court of Australia
High Court of Australia Bulletin [2017] HCAB 05 (28 June 2017).

Accountability and the Law 2017 Conference
The conference will be held on 17 August in Canberra by the Australia Institute. More...

NDIS costs: Productivity Commission costs position paper, including NIIS comment
Released by the Productivity Commission's NDIS Costs position paper, this it sets out preliminary conclusions and seeks feedback by 12 July 2017.

AAT Bulletin
The AAT Bulletin is a weekly publication containing a list of recent AAT decisions and information relating to appeals against AAT decisions:
Issue No. 27/2017, 03 July 2017
Issue No. 26/2017, 26 June 2017

OAIC: Notifiable Data Breaches draft resources
Draft resources on the Notifiable Data Breaches (NDB) scheme have been published to assist organisations in understanding their compliance obligations from 22 February 2018. The OAIC is still in the process of developing resources about a number of other topics relating to the NDB scheme. These will be published on our website. Any comments on the draft resources are open until 14 July 2017.

OAIC: Data + Privacy Asia Pacific Conference 2017 Privacy and data protection regulators from across the Asia Pacific region will join Australian industry leaders and data experts for the Data + Privacy Asia Pacific Conference in Sydney on 12 July this year.

AHRC: OPCAT submissions
The Human Rights Commissioner has released a consultation paper and a call for submissions on Australia's implementation of the Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (OPCAT). The Federal Government intends to ratify OPCAT by December 2017. Parties wishing to respond to the OPCAT consultation paper should do so by 21 July 2017.

ANAO: Performance audit in-progress
Due to table: July 2017, the audit objective is to assess the effectiveness and efficiency of entities' implementation of the Freedom of Information Act 1982. More...

AIJA Court Media Officers' Conference The Conference will be held Thursday 31 August and Friday 1 September 2017 in Sydney. More...

COAT National Registrars & Executive Officers Conference
Save the date! 20 October 2017 in Adelaide. More...

Commonwealth Consultations
October 2017 - Closing date for comments to the FCA on the General Practice Notes. [Subscriber] More...

Queensland

Changes to court fees from 1 July 2017: Regulated fee increase
The Governor in Council has approved an increase to court fees from 1 July 2017. The new fees are contained in the Justice Legislation (Fees) Amendment Regulation (No. 1) 2017 and affect fees prescribed under the following regulations listed here. Note that fees taken in relation to Births, Deaths and Marriages have increased as well as of 3 July 2017. More...

Magistrates Court Practice Direction 5/2017
Practice Direction 5/2017 - Applications made under the Peace and Good Behaviour Act 1982 (27 June 2017). More...

Supreme Court Practice Direction 9/2014 (amended)
Practice Direction 9/2014 - Management of controlled items in court precincts (amended) (26 June 2017). More...

New Resolution Registrar role at Supreme Court
A Resolution Registrar is to be appointed at the Supreme Court of Queensland. The new role will see the appointee working closely with judges to help resolve cases in the court's civil jurisdiction or reduce the issues in dispute to shorten the length of trials. Applications for the position will close on 11 July and can be submitted via the Smart jobs and careers website.

CCC: Results for 1 February to 30 April 2017
These results reflect the information reported to the Parliamentary Crime and Corruption Committee at the joint public meeting held on 12 June 2017 (29 June 2017). More... More...

CCC to investigate Fraser Coast Regional Council
The Crime and Corruption Commission (CCC) has completed an assessment of allegations of corrupt conduct relating to the Fraser Coast Regional Council. The CCC has determined to commence an investigation (05 July 2017). More...

CCC: Queensland public sector responses to corrupt conduct incidents in recruitment activities: summary audit report
The CCC's audit assessed how public sector agencies dealt with complaints about corrupt conduct in recruitment activities. For more information about our corruption audits view the CCC corruption audit plan for 2016-17. Last updated 30 June 2017. More...

Published – articles, papers, reports

Implementation of the Annual Performance Statements Requirements 2015–16
ANAO: 26 June 2017 - The objective of the audit was to examine the implementation of the annual performance statements requirements under the Public Governance, Performance and Accountability Act 2013 and the enhanced Commonwealth performance framework.

Foreign political donations e-brief 02/2017 June 2017: Chris Angus
This e-brief discusses current restrictions on political donations in NSW and other Australian jurisdictions in the light of recent media reports on donations from foreign and foreign-linked donors. It then outlines the means by which donors could bypass these restrictions, before briefly detailing the constitutional limitations to reform as a result of the implied freedom of political communication.

Ensure the Crime and Corruption Commission is the strongest it can be to prevent corruption in Queensland
The Australia Institute; Environmental Defenders Office Queensland: 27 June 2017
Three key changes are required to the CC Act and Bill - to ensure the definition of 'corrupt conduct' is widened sufficiently to include all appropriate activities, and to meet the high standards and effectiveness of the respected NSW ICAC.

Government response to the independent review of youth detention
Department of Justice and Attorney-General (QLD): 28 June 2017 The Palaszczuk Government is committed to ensuring the safety and wellbeing of young people in Queensland youth detention centres. Equally, any allegations of mistreatment of young people must be thoroughly and appropriately investigated.

Cases

'LW' and Department of Human Services (Freedom of information) [2017] AICmr 65
Freedom of Information — Whether reasonable steps taken to locate documents — (CTH) Freedom of Information Act 1982 s 24A.

'LV' and Department of Defence (Freedom of information) [2017] AICmr 64
Freedom of Information — Whether reasonable steps taken to locate documents — (CTH) Freedom of Information Act 1982 s 24A.

Patrick Conheady and Australian Taxation Office (Freedom of information) [2017] AICmr 63
Freedom of Information — Whether disclosure would have a substantial adverse effect on the proper and efficient conduct of the operations of an agency — Whether contrary to public interest to release conditionally exempt documents — (CTH) Freedom of Information Act 1982 ss 11A(5), 47E(d).

The Australian and Department of Immigration and Border Protection (Freedom of information) [2017] AICmr 62
Freedom of Information —Whether disclosure would have a substantial adverse effect on the proper and efficient conduct of the operations of an agency — Whether disclosure of personal information is unreasonable — Whether contrary to public interest to release conditionally exempt documents — (CTH) Freedom of Information Act 1982 ss 47E(d) and 47F.

'LU' and Department of Defence (Privacy) [2017] AICmr 61
Privacy — Privacy Act — Information Privacy Principles — Privacy Act 1988 (Cth) s52 — IPP 4 — Data security failure — IPP 10 — Unauthorised use of sensitive personal information — Compensation awarded – Non-economic loss – Section 52(3) expenses awarded.

Buttigieg and Comcare [2017] AATA 1002
PRACTICE AND PROCEDURE – whether application for confidentiality order to be disclosed to other party – s 38AA decision-maker has an ongoing requirement to lodge documents relevant to the review – document includes surveillance – legal professional privilege and public interest immunity still apply - the application itself is to be disclosed to other party or parties but not the document over which the confidentiality is sought – matter adjourned. The applicant, Mr Buttigieg, has applied for review of a decision made by the respondent, Comcare.

Malek Fahd Islamic School Limited v Minister for Education and Training [2017] FCA 757
ADMINISTRATIVE LAW – application for extension of time to file an originating application – whether acceptable explanation for delay – whether delay caused prejudice – whether substantive application has merits – application for interlocutory relief to refrain delaying of payment of financial assistance pursuant to the Australian Education Act 2013 (Cth) – whether serious question to be tried – where balance of convenience lies. Held: application for extension of time and interlocutory relief granted. Constitution ss 96, 122.

'LR' and Australian Federal Police (Freedom of information) [2017] AICmr 58
Freedom of Information — Whether material in documents irrelevant to the request — Whether reasonable steps taken to locate documents — Whether disclosure would prejudice lawful methods or procedures — Whether documents subject to legal professional privilege — Whether disclosure would have a substantial adverse effect on the proper and efficient conduct of the operations of an agency — Whether disclosure of personal information unreasonable — Whether contrary to public interest to release conditionally exempt documents — (CTH) Freedom of Information Act 1982 ss 11A(5), 22, 24A, 37(2)(b), 42, 47E(d) and 47F.

David Griffiths and Department of Human Services (Freedom of information) [2017] AICmr 56
Freedom of Information — Whether reasonable steps taken to locate documents — (CTH) Freedom of Information Act 1982 s 24A.

Tristan Masterson and the Murray-Darling Basin Authority (Freedom of information) [2017] AICmr 57
Freedom of Information — Whether disclosure would have a substantial adverse effect on the proper and efficient conduct of the operations of an agency — Whether contrary to public interest to release conditionally exempt documents — (CTH) Freedom of Information Act 1982 ss 11A(5), 47E(d).

'LQ' and Department of Human Services (Freedom of information) [2017] AICmr 55
Freedom of Information — 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.

Amanda Hay and Australian Bureau of Statistics (No. 2) (Freedom of information) [2017] AICmr 54
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 — (CTH) Freedom of Information Act 1982 ss 11A(5), 47E(c).

AHZ17 v Minister for Immigration & Anor [2017] FCCA 1400
ADMINISTRATIVE LAW – Judicial review – natural justice – where confidential certificate has been issued under s.438 of the Migration Act 1958 (Cth) – discretion to refuse relief – whether respondent can lead further evidence on question of futility of relief – leave to lead further evidence refused – relief granted. MIGRATION – Protection visa – objection to the admissibility of affidavit filed by the Minister without leave – whether MZAFZ binding on the court – whether MZAFZ is distinguishable – MZAFZ applied. Migration Act 1958 (Cth), s.438.

Legislation

Commonwealth

Criminal Code Amendment (Control Orders—Legal Representation for Young People) Regulations 2017
30/06/2017 – no longer in force.

Do Not Call Register (Access to Register) Determination 2017
30/06/2017 – The determination provides for any matters relating to access to the Do Not Call Register.

Queensland

Subordinate legislation as made
No 101: Proclamation commencing certain provisions
Victims of Crime Assistance and Other Legislation Amendment Act 2017 – 30 June 2017.
No 108: Queensland Civil and Administrative Tribunal Amendment Regulation (No. 1) 2017
Queensland Civil and Administrative Tribunal Act 2009 – 30 June 2017.
No 109: Justice Legislation (Fees) Amendment Regulation (No. 1) 2017 – 30 June 2017.
No 119 State Penalties Enforcement Amendment Regulation (No. 1) 2017
State Penalties Enforcement Act 1999 – 30 June 2017.

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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