In the media
Construction union faces 11 more Queensland
lawsuits
The construction union is facing a further 11 lawsuits in
Queensland including for coercion, after receiving a $300,000 fine
for unlawful strikes (04 August 2017).
More...
eSubpoenas make access to Justice easier
The online
eSubpoena service is now available for the return of subpoenaed
documents to registries across the NSW Supreme, District, Local and
Land and Environment Courts for civil matters. Once legal
practitioners file a subpoena form online, respondents can upload
the requested documents electronically (04 August 2017).
More...
ICAC finds former Department of Justice officer
corrupt
The ICAC has found that a former Department of Justice officer
engaged in serious corrupt conduct by accepting cash and benefits
from an approved supplier, including assisting in the installation
of a swimming pool at his home, in return for recommending that the
supplier's companies be allocated work (03 August 2017).
More...
Civil courts should move online, Justice Michael Kirby
says
The former High Court justice says Australia's legal system is
too expensive and has been out of reach for many people for decades
(03 August 2017).
More...
160,000 people turned away: How the justice system is
failing vulnerable Australians Opinion
All Australians have the right under the law to seek justice. But
community legal centres are turning away 160,000 people a year and
funding cuts are making the problem worse, writes Law Council of
Australia president Fiona McLeod (03 August 2017).
More...
Former Ipswich mayor Paul Pisasale facing more
charges
Former Ipswich Mayor Paul Pisasale is charged with attempting to
pervert the course of justice while on bail on three separate
offences, including extortion (03 August 2017).
More...
Body Worn Cameras seeing results across
Queensland
Body Worn Cameras for police are seeing a reduction in allegations
of excessive force against officers and ensuring more offenders are
being brought to justice, Police Minister Mark Ryan said today (03
August 2017).
More...
Palaszczuk Government tackles cyberbullying and
sexting
The Attorney-General and Minister for Justice Yvette D'Ath has
announced the Palaszczuk Government is developing a Sexting and
Cyber Bullying program in partnership with Bond University
Psychology Clinic on the Gold Coast (03 August 2017).
More...
Police given more power to protect victims of domestic
and family violence
The number of Police-issued orders to protect women and children
from Domestic and Family Violence has almost tripled (03 August
2017).
More...
Gold Coast woman charged with fraudulent falsification
of records
A 45-year-old woman was today served with a Notice to Appear in
court on one charge relating to the fraudulent falsification of
records. The woman was served a Notice to Appear in court and the
CCC alleges that she fraudulently falsified records to apply for a
$170,000 bank loan contrary to section 430(e) of the Criminal Code
(02 August 2017).
More...
Fewer sex abuse convictions despite doubling in court
cases: Justice McClellan
The head of the child sex abuse royal commission will call for
legal changes to ensure victims are given the best chance of
receiving justice, saying in a speech to be delivered today that
conviction rates have fallen despite an increase in the number of
cases before the courts (02 August 2017).
More...
Australia needs clear and strong laws to address human
rights abuses in corporate supply chains
Australia should introduce strong laws to tackle modern slavery in
the global supply chains of Australian businesses, the Human Rights
Law Centre today told a parliamentary inquiry hearing (01 August
2017).
More...
Report shines a light on universities
The Australian Human Rights Commission has released its landmark
report on the nature and extent of sexual assault and sexual
harassment at Australian universities. The data in the Change the
course report is based on a national survey (01 August 2017).
More...
No Body, No Parole Laws due for debate
The Palaszczuk Government's 'No Body, No Parole'
legislation will be debated in State Parliament next week after the
Legal Affairs and Community Safety Committee last week recommended
the bill be passed (31 July 2017).
More...
Acting President of Australian Law Reform
Commission
Mr Cornall has been appointed for a period of three months,
commencing 30 July 2017, while a recruitment process will be
undertaken to fill the vacancy left by Emeritus Professor Rosalind
Croucher AM. This process will be conducted in accordance with
Merit and Transparency Guidelines issued by the Australian Public
Service Commission (28 July 2017).
More...
HRLC: Australia takes important step towards more open
government
` "Although Australia has, in many ways, a strong democracy,
secrecy has noticeably increased across government. Australia's
commitment to the Open Government Forum is a step towards
addressing some of the transparency issues that hold us back (27
July 2017).
More...
ICAC finds former City of Botany Bay Council CFO corrupt
over $5.6 million in false invoices and credit card
misuse
The ICAC has found that former City of Botany Bay Council chief
financial officer Gary Goodman engaged in serious corrupt conduct
involving more than $5 million in false or inflated invoices and by
incurring over $620,000 of personal expenditure on corporate credit
cards issued in the name of the then general manager (26 July
2017).
More...
Political reformation
A referendum on fixed terms will succeed only if other
constitutional changes are made. Along with this, we must also
abolish preferential voting which is massively manipulated by
politicians and creates situations in which it can takes months to
decide who won (27 July 2017).
More...
CCC: Former public servant's fraud conviction serves
as a warning
Following a Crime and Corruption (CCC)
investigation a former Queensland public servant was sentenced in
the Brisbane District Court to two years jail, which was wholly
suspended. "Today's court decision shows that public
servants can face criminal prosecution if they do not fulfil their
obligation to act with integrity and to serve the public interest
(25 July 2017).
More...
Australia needs an effective complaints body to
investigate corporate human rights abuses
Australia's key complaints body for corporate human rights
abuses is failing and in need of a major overhaul, the Human Rights
Law Centre has told an independent review (24 July 2017).
More...
More MPs could be at risk as dual citizenship crisis
threatens to widen
Constitutional experts were yesterday scrambling to consider the
range of legal possibilities when the government asks the High
Court of Australia to rule on Senator Canavan's eligibility to
stand at the last election, now that it has emerged he was a dual
Italian-Australian citizen at the time (26 July 2017).
More...
HRLC: Australia needs an effective complaints body to
investigate corporate human rights abuses
Australia's key complaints body for corporate human rights
abuses is failing and in need of a major overhaul, the Human Rights
Law Centre has told an independent review (24 July 2017).
More...
In practice and courts
LCA: Australia's access to justice crisis laid bare:
national Justice Project releases papers
The Law Council of Australia has said that countless Australians
are being denied access to justice as its national Justice Project
moves into the
consultation phase.
Consultation papers, overseen by a Steering Committee of
eminent lawyers, academics and jurists including former High Court
Chief Justice, the Hon. Robert French AC, have been released for
feedback. Submissions close on 30 September 2017.
More...
OAIC: Updated privacy policy
The OAIC has updated its
privacy policy. The update includes the following changes
outlined here (27 July 2017).
More...
OAIC: Independent review of the Privacy (Credit
Reporting) Code 2014
The OAIC has completed the tender process, and
contractedPricewaterhouseCoopers (PwC) to conduct
an independent review of the Privacy (Credit Reporting) Code
2014 (Version 1.2). More information will be provided as the
review progresses. For more information about the CR Code and
credit reporting under the Privacy Act see the
Credit Reporting page (26 July 2017).
More...
Accountability and the Law 2017
Conference
The conference will be held on 17 August in Canberra by the
Australia Institute.
More...
Law Council of Australia Submissions 26 July
2017
Response to Consultation Paper OPCAT in Australia
Law Council of Australia Submissions 25 July
2017
Australian National Contact Point 2017 Review
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. 31/2017, 31 July 2017
Issue No. 30/2017, 24 July 2017
AIJA Court Media Officers' Conference
The Conference will be held 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...
Australian Public Sector Anti-Corruption Conference
(APSACC) 2017
The Office of the Commonwealth Ombudsman is proud to partner with
the Australian Public Sector Anti-Corruption Conference
(APSACC) 2017. The conference will run from
14–16 November 2017 at The Westin, Sydney.
More...
Commonwealth Consultations
October 2017 - Closing date for comments to the FCA on the
General Practice Notes.
More...
AHRC: e-bulletin, 26 July 2017
The Australian Human Rights Commission e-bulletin. Published
monthly, this e-bulletin keeps you up-to-date with our programs,
projects and news.
More...
Queensland
OIC Queensland: Have your say on the development of
uniform metrics on the use of FOI laws in Australia
Australian Information Commissioners and Ombudsmen, within the
remit of each of their jurisdictions and led by NSW, have agreed on
six proposed metrics on Public Use of Freedom of Information Access
Rights: Type of applicant, Application rates per capita, Release
rates, Timeliness and Review rates. Access more information about
the metrics here.
Give your views on the proposed metrics by completing a short
survey, available
here. The survey closes on 9 August 2017.
OIC Queensland: New privacy case notes
Our case notes provide a summary of some of the privacy complaints
considered by our Office. They provide guidance on the
interpretation of the privacy principles in the Information
Privacy Act 2009 (Qld) and also illustrate the remedies that
can resolve complaints (26 July 2017).
More...
Incarceration Rates of Aboriginal and Torres Strait
Islander Peoples (DP 84)
Discussion paper released by the Australian Law Reform Commission.
More...
QAO: Use of confidentiality provisions in government
contracts
The objective of this audit is to determine the extent and
appropriateness of the use of confidentiality provisions in
Queensland Government contracts. Table date December 2017.
More...
Queensland Courts
Magistrates Courts of Queensland - Practice Direction 3 of 2017
(amended) - Management of controlled items in court precincts. 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 (21 July 2017).
More...
Published – articles, papers, reports
Change the course: national report on sexual assault and
sexual harassment at Australian universities
Australian Human Rights Commission: 01 August 2017
At the request of Australia's 39 universities, the Australian
Human Rights Commission has conducted a national, independent
survey of university students to gain greater insight into the
nature, prevalence and reporting of sexual assault and sexual
harassment at Australian universities.
More...
Comparisons between the youth and adult justice systems:
2015–16
Australian Institute of Health and Welfare: 28 July
2017
This fact sheet summarises some of the similarities and differences
between young people and adults in the justice systems in
Australia. In 2015–16, the most common principal offence
among young people was theft, while among adults it was illicit
drug offences.
More...
Are more first-time young offenders being recorded for
serious crimes than in the past?
Victoria, Crime Statistics Agency: 20 July 2017
This paper examined the offences police recorded for 10 to 17 year
old alleged offenders on the first day they were ever recorded for
any offences, where that day was between 2012 and 2016.
More...
National cities performance framework: interim
report
Government of Australia: 20 July 2017
Australia's success in the 21st Century economy depends on our
cities, suburbs and regional centres. The Australian
Government's Smart Cities Plan is committed to creating the
foundations for success across all cities and regional centres.
More...
OAICnet - 01 August 2017
In this issue: Privacy policy update; Data + Privacy Asia Pacific
Conference wrap up; 5 million+ Australians have a My Health Record;
APS Privacy Governance Code consultation; FOI decisions;
Commissioner statements.
More...
Cases
Civil Aviation Safety Authority v Bellamy [2017] FCA
829
ADMINISTRATIVE LAW – appeal from a decision of the
Administrative Appeals Tribunal setting aside a decision of the
Civil Aviation Safety Authority to cancel a private pilot's
licence – whether the Tribunal erred by finding that reg
229(1) of the Civil Aviation Regulations 1988 (Cth) does
not apply to the private operation of an aircraft – whether
the Tribunal erred by making factual findings that were
inconsistent with a criminal conviction – whether the
Tribunal erred by failing to give relevant consideration to the
elements of the conviction. Appeal allowed.
MA' and Department of Veterans' Affairs (Freedom of
information) [2017] AICmr 72
Freedom of Information — Whether document subject
to legal professional privilege — Whether document contains
deliberative matter prepared for a deliberative process —
Whether disclosure would have a substantial adverse effect on the
management or assessment of personnel — 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 11A(5), 42, 47C,
47E(c), 47E(d), 47F, 55D.
The Australian and Department of Defence (Freedom of
information) [2017] AICmr 71
Freedom of Information — Whether documents contain
deliberative matter prepared for a deliberative purpose —
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 the public interest to release conditionally
exempt documents — (CTH) Freedom of Information Act
1982 ss 11A(5), 47C, 47E(d) and 47F.
'LZ' and Department of Human Services (Freedom of
information) [2017] AICmr 70
Freedom of Information — Whether disclosure of
personal information unreasonable — Whether contrary to the
public interest to release conditionally exempt documents —
(CTH) Freedom of Information Act 1982 ss 11A(5) and
47F.
Stryker
Australia Pty Ltd and Department of Health (Freedom of information)
[2017] AICmr 69
Freedom of Information — Access grant —
Whether disclosure would disclose 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) and 47G.
Construction,
Forestry, Mining & Energy Union v MPR Scaffolding Pty Ltd &
Ors [2017] FCCA 1593
INDUSTRIAL LAW – Contravention proceedings brought
pursuant to alleged breaches of obligations under an enterprise
agreement – Respondents challenge the validity of the
enterprise agreement and seek constitutional writs against the Fair
Work Commission – previous challenge to the enterprise
agreement failed and leave to appeal to the Full Bench of the Fair
Work Commission not granted – possible use of evidence from
Trade Union Royal Commission – preliminary question regarding
the jurisdiction of this Court to grant the relief sought –
distinction between "jurisdiction" and "power"
discussed – use of "power" to grant relief, which
is not limited, under s.15 of this Court's primary legislation
conditional on the Court having relevant jurisdiction conferred on
it in this case under the Fair Work Act – jurisdiction found
to exist but the exercise of any relief against the Fair Work
Commission should be determined by the Federal Court – matter
transferred to the Federal Court of Australia. Fair Work Act 2009
(Cth), ss.50, 345, 535, 536, 566, 567, 568; Federal Circuit Court
of Australia Act 1999 (Cth), ss.10, 10A, 14, 15; Royal Commissions
Act 1902 (Cth).
Northern
Territory of Australia v Griffiths [2017] FCAFC
106
NATIVE TITLE – invalid future acts – where
buildings built on reliance of acts later deemed invalid –
whether damages payable for invalid future acts – whether
award of damages justified where future act is held to be invalid
and native title rights and interests remain – whether claim
for damages needed to be properly constituted as a representative
proceeding – Held: claim for damages lacked clearly
articulated basis – primary judge erred in awarding damages
for invalid future acts. Constitution s 51 (xxxi).
Legislation
Commonwealth
Federal
Circuit Court Amendment (Costs and Other Measures) Rule
2017
02/08/2017 – These Rules amend the Federal Circuit Court
Rules 2001, with costs for family law proceedings and general
federal law proceedings.
Queensland
Subordinate legislation as made
No 131 Professional Standards Regulation 2017 - Professional Standards Act 2004 – 04 August 2017 - The Professional Standards Regulation 2007 will automatically expire on 1 September 2017 pursuant to section 54 of the Statutory Instruments Act 1992. The Act provides for professional standards schemes, to be approved by the Professional Standards Council, which are designed to improve the professional standards of occupational associations for the benefit of consumers who engage their members' services and to limit the civil liability of their members.
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.