Australia: Queensland Government Bulletin – 25 July 2017

Last Updated: 28 July 2017
Article by Paul Venus, Stephen Burton, Suzy Cairney and Trent Taylor

Most Read Contributor in Australia, July 2017

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). More...

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). More...

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). More...

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). More...

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). More...

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). More...

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). More...

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). More...

$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). More...

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). More...

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). 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...

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. More...

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). More...

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.

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