In the media
Don't leave corruption in the dark
New research released today by the Australia Institute shows that a
federal ICAC may not be effective in exposing or investigating
corruption and misconduct unless it holds public hearings (21 July
2017).
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ASIC Enforcement Review Taskforce consults on ASIC's
telecommunications intercept powers
The Government welcomes today's release of the ASIC Enforcement
Review Taskforce position paper titled 'ASIC's Access to
Telecommunications Intercept Material'. As part of its review
the Taskforce is examining the adequacy of ASIC's information
gathering powers, including information obtained from
telecommunications interception warrants (20 July 2017).
More...
The position paper is available on the Treasury website. Interested stakeholders are invited to comment on the positions put forward by the Taskforce. Submissions for the consultations will close on 17 August 2017.
Mark Bailey sidelining: Ministers use their private
emails, rules need to change, D'Ath says
The energy minister was stood aside from the energy portfolios on
Wednesday night after the Crime and Corruption Commission
(CCC) found "reasonable suspicion of corrupt
conduct". The CCC asked the state archivist to investigate
further, adding the practice breached the ministerial handbook (20
July 2017).
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Draft Bill aims to prevent family violence victims being
cross-examined by their abusers
The Attorney-General's Department has released an exposure
draft of a Bill that would prevent the cross-examination of family
and domestic violence victims by their perpetrators during the
course of family law proceedings (20 July 2017). More...
Coroner postpones probe into Bourke St
deaths
An inquest into the Bourke Street car attack in Melbourne's CBD
hears tragic details about the deaths of six people, before being
postponed to protect the accused driver's right to a fair trial
(20 July 2017).
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People shouldn't go to prison for not paying fines,
ALRC says
People with unpaid fines should not be imprisoned but instead work
off the debt, an influential government body recommends (20 July
2017).
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More Body Worn Cameras for Queensland
Police
Minister for Police Mark Ryan has today announced the commencement
of stage two of the Queensland Police Service
(QPS) statewide roll out of body worn cameras
(BWC) (20 July 2017).
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Sentencing Council reports back on child exploitation
material
Attorney-General and Minister for Justice Yvette D'Ath will
consider recommendations in the Queensland Sentencing Advisory
Council's review of the classification of child exploitation
material (20 July 2017).
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Government finalises Crime Statistics
Unit
Attorney-General and Minister for Justice Yvette D'Ath has
revealed the funding and model for a new independent crime
statistics body (20 July 2017).
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Palaszczuk Government invests in prison security to keep
Queenslanders safe
The Palaszczuk Government has committed $26.8 million in 2017-18 to
continue the State's five-year perimeter security upgrade
program with works scheduled for completion by 2020 and creating
more than 37 construction jobs (20 July 2017).
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$7.6 million boost to help address youth
crime
The Andrews Labor Government has announced $7.6 million in grants
to help local communities tackle youth crime and repeat offending
by intervening early and diverting young people from crime (20 July
2017).
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New Independent Assessor to deal with councillor
complaints
The Palaszczuk Government will introduce an Independent Assessor to
consider all complaints against councillors, then categorise,
investigate and, if necessary, prosecute complaints. A Tribunal
would deal with misconduct matters, while allegations of
inappropriate conduct would be dealt with by councils (19 July
2017).
More...
CCC finalises assessment of Minister Bailey's
emails
In reviewing the emails, the CCC considers there is sufficient
evidence to raise a reasonable suspicion of corrupt conduct
relating to the potential destruction of public records by the
Minister as this may be an offence under the Public Records Act
2002 (19 July 2017).
More...
CCC response to recent QPU comments relating to misuse
of information
Queensland Police Union (QPU) President Ian
Leavers' reported response to the acquittal of Senior Constable
David Neuman on computer hacking charges is an overreaction (19
July 2017).
More...
Assistance to victims of terrorist attacks in Stockholm,
Manchester, Baghdad and London
The Attorney-General announces he Turnbull Government has declared
four additional attacks as 'terrorist acts' for the
purposes of the Australian Victim of Terrorism Overseas Payment
(AVTOP) scheme (17 July 2017).
More...
TGA to handle drug ad complaints
The Therapeutic Goods Administration (TGA) is
implementing new arrangements to simplify and improve the handling
of complaints about the advertising of medicines and medical
devices to the public. A timely response to advertising complaints
benefits the Australian community by helping consumers to avoid
both wasting money on therapeutic goods that will not help them (14
July 2017).
More...
NSW tenancy agreements potentially unenforceable against
interstate landlords
The legal loophole emerged after the Court of Appeal declared in
February that the NSW Administrative and Civil Tribunal, which
handles a range of small civil disputes, has no jurisdiction if one
party lives in another state (14 July 2017).
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Victims of crime 'wait too long' for
compensation
Victims of crime are waiting up to two years to receive
compensation and the system needs an overhaul, Victoria's newly
appointed Community Safety Trustee says (12 July 2017).
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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).
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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).
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In practice and courts
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. 29/2017, 17 July 2017
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.
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.
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Queensland
CCC Update. Ipswich man charged with
extortion
The Crime and Corruption Commission (CCC) has been
advised that a 35-year-old Churchill man charged with extortion
today has been bailed and is now expected to appear in the Brisbane
Magistrates Court on Friday, 4 August 2017 (20 July 2017).
More...
Sentencing Council: New package to deal with child
exploitation material offenders before courts
The final report, published today, reinforces CEM is not a
victimless crime — these offences harm real children
including Queenslanders. The council has made 16 recommendations to
streamline the process, with two key changes - adoption of Q-CEM
Package and establishment of eSafeQ Commissioner (20 July 2017).
More...
See: Classification of child exploitation material for
sentencing purposes
This consultation is now complete. Last updated: 20 July 2017.
More...
QAO: Insights newsletter July 2017
Edition Date: 21 July 2017 - This edition of Insights introduces
the new Queensland Auditor-General, provides information about our
Strategic Audit Plan 2017–20 and upcoming performance audit
topics for 2017–18, shares wider learnings from our recent
reports to parliament, and provides a standards update and guidance
to help entities prepare for the upcoming changes.
More...
Councils welcome new complaints system
Local councils have welcomed the Palaszczuk Government's plans
to overhaul the system that manages complaints against sitting
councillors but will insist the new proposals deserve careful
scrutiny.
More... (21 July 2017)
CCC: Corruption prevention advisory: post-separation
employment
This advice highlights the risks of and offences relating to
post-separation employment, when employees move to the private
sector. It covers risk factors, potential disciplinary and
statutory offences, strategies to prevent corruption, and further
information and resources (July 2017).
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CCC: Corruption prevention advisory: social media and
the public officer
This advice highlights the risks and offences of social media use
by public officers. It covers appropriate use, risk factors,
liability for misuse, best practice advice for public officers,
strategies for agencies to prevent misuse and further information
and resources on social media use (July 2017).
More...
CCC: Corruption prevention advisory: Use of official
resources
This advice highlights the risks and offences of misuse of official
resources within a public authority. It covers risk factors,
corruption offences, strategies to prevent corruption, and further
information and resources (July 2017).
More...
Published – articles, papers, reports
2017 Independent intelligence review
Department of Prime Minister and Cabinet (Australia); Michael
L'Estrange, Stephen Merchant: 17 July 2017 This review
examined the environment in which the intelligence community
operates, and consider how effectively it serves Australia's
national interests.
More...
A quick guide to the history of proposals for an
Australian department of homeland security
Nigel Brew; Parliamentary Library (Australia)
Every few years since the terrorist attacks of 11 September 2001, a
proposal to establish some sort of Australian homeland security
department has been put forward as part of the national security
policy of either the Liberal/National Coalition or the Australian
Labor Party (ALP).
More...
Contravention of Community Correction
Orders
Geoff Fisher, Felicity Stewart; Sentencing Advisory Council
(Vic): 18 July 2017
This report assesses how many offenders contravene their Community
Correction Order (CCO) by committing a new,
imprisonable offence, or by failing to comply with another term or
condition of the CCO.
More...
Cases
'LY' and Commonwealth Ombudsman (Freedom of
information) [2017] AICmr 68
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) and
47E(d).
David Albuquerque and Department of Foreign Affairs and
Trade (Freedom of information) [2017] AICmr
67
Freedom of Information — Charges — Requests for waiver
of charge — Whether giving access to documents is in the
general public interest or in the interest of a substantial section
of the public — (CTH) Freedom of Information Act
1982 s 29.
Andrew Pascoe and Civil Aviation Safety Authority (Freedom
of information) [2017] AICmr 66
Freedom of Information —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 material in documents
irrelevant to the request — Whether contrary to the public
interest to release conditionally exempt documents — (CTH)
Freedom of Information Act 1982 ss 11A(5), 22, 42, 47E(d)
and 47F.
Whish-Wilson; Australian Fisheries Management Authority
(Freedom of information) [2017] AATA 1098
FREEDOM OF INFORMATION — Access to documents — requests
for access to documents relating to fishing operations regulated by
agency — documents contain commercially sensitive information
— whether disclosure could reasonably be expected to
adversely affect fishing operators' cooperation with
agency's monitoring program — whether disclosure of
documents could reasonably be expected to have substantial adverse
effect on the proper and efficient conduct of agency's
operations — whether access would, on balance, be contrary to
the public interest — whether reasonably practicable for
agency to prepare copies of documents modified by the deletion of
exempt and irrelevant matter, having regard to the nature and
extent of the modification — decisions under review set aside
and substituted. Freedom of Information Act 1982, ss
3(2)(b), 4(1), 11A(5), 11B(3), 15, 22, 27, 31B, 47E(d), 47F, 47G,
54L, 54M, 54W(b), 55G, 57A(1)(a), 61(1)(a), 93A.
Australian Building and Construction Commissioner v
Construction, Forestry, Mining and Energy Union [2017] FCA
802
STATUTORY INTERPRETATION –– consideration of the proper
construction of "seeking to exercise rights in accordance with
this Part" under s 500 of the FW Act – distinction
between "seeking" and "purporting" –
"in accordance with" means "in conformity with"
– the word "seeking" in s 500 connotes a subjective
intention to exercise rights and includes the intended but flawed
exercise of the right. Conciliation and Arbitration Act
1904 (Cth) s 42A.
Legislation
Commonwealth
Telecommunications
(Integrated Public Number Database – Permitted Research
Purposes) Instrument 2017
20/07/2017 - This instrument specifies the kinds of research for
which access to information in the Integrated Public Number
Database may be permitted and repeals the Telecommunications
(Integrated Public Number Database – Permitted Research
Purposes) Instrument 2007 (No. 1).
Telecommunications
(Integrated Public Number Database Scheme - Criteria for Deciding
Authorisation Applications) Instrument 2017
20/07/2017 - This instrument establishes the criteria for the
Australian Communications and Media Authority to use in order to
decide whether to authorise applications for access to the
Integrated Public Number Database for public number directories and
researchers, and repeals the Telecommunications (Integrated
Public Number Database Scheme – Criteria For Deciding
Authorisation Applications) Instrument 2007 (No. 1).
Telecommunications
(Integrated Public Number Database - Public Number Directory
Requirements) Instrument 2017
20/07/2017 - This instrument establishes the requirements for a
public number directory using information from the Integrated
Public Number Database.
Telecommunications
(Integrated Public Number Database – Public Number Directory
Additional Information) Instrument 2017
20/07/2017 - This instrument specifies the additional information
that may be included in a public number directory to be that which
is agreed between a person and the publisher.
National
Rental Affordability Scheme Amendment (Administrative Processes)
Regulations 2017
14/07/2017 - These regulations address concerns that have been
identified in the administration of the National Rental
Affordability Scheme (NRAS or the Scheme). The Regulations are
designed to remove unfair and disproportionate consequences for
non-compliance with certain provisions.
Queensland
Bills Updated in the last week
Criminal Law (Historical Homosexual Convictions Expungement)
Bill 2017
Introduced on 11/05/2017 Stage reached: Report from Committee on
14/07/2017. The objective of the Bill is to establish an
administrative scheme for the expungement, upon application, of
convictions or charges for particular historical offences involving
homosexual activity. Report from Committee on 14 July 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.