Australia: Queensland Government Bulletin - 5 September 2017

Last Updated: 8 September 2017
Article by Paul Venus, Stephen Burton, Suzy Cairney and Trent Taylor

Most Read Contributor in Australia, September 2018

In the media

Barrister Sam Di Carlo charged with perjury by Queensland's CCC
High-profile barrister Sam Di Carlo has been charged by Queensland's corruption body for allegedly lying during an investigative hearing. The Crime and Corruption Commission (CCC) has charged Di Carlo with two counts of perjury, possessing ammunition without authority and unlawful possession of restricted drugs (01 September 2017). More... (CCC) More...

"Marriage equality" has no basis in human rights law
Mark Fowler says "marriage equality" is a slogan with no support in law, citing the legal principle of equality, the Queensland Law Society and the presidents of the Law Society of NSW and NSW Bar Association have each released statements supporting the redefinition of marriage (01 September 2017). More...

ABA refutes claims by Immigration Minister regarding pro bono legal assistance for asylum seekers
The claims by Immigration Minister Peter Dutton that lawyers who provide pro bono legal assistance to asylum seekers are 'un-Australian' are unfortunate and incorrect, according to the Australian Bar Association (ABA) (01 September 2017). More...

ACNC and AUSTRAC: Strengthening NPOs against money laundering and terrorism financing
A new report released today by Australia's financial intelligence agency, AUSTRAC, and the ACNC, identifies significant risks for non-profit organisations in relation to money laundering and terrorism financing (28 August 2017). More...

Minister for Justice joint media release: AUSTRAC and ACNC Risk Assessment shows criminals are targeting charities and non-profit sector
Australia's first risk assessment of charities and non-profit organisations has revealed that the sector that is built around helping the most vulnerable is being targeted by shameless criminals (28 August 2017). More...

Crowd strategy finds danger in numbers
A new national strategy for protecting crowds from terrorism has been released by the Attorney-General's Department. This 'how to guide' will strengthen the existing cooperation between Government and industry, providing clear guidance on where owners and operators can go for threat information and protective security guidance, and providing an overview of effective protective security practices (29 August 2017). More...

Copyright group to fix copy wrongs
A new policy group is to be established to monitor intellectual property policies and provide fairer access to copyright material under proposed changes to the nation's IP arrangements agreed to by the Government. The reform measures will ensure that Australia remains competitive in domestic and global marketplaces. The Government's 25-page response to the Productivity Commission's report can be accessed at this PS News link (29 August 2017). More...

Crime paying off at community's expense
A report by the ACIC has revealed that organised crime is costing the people of Australia $36 billion a year. The report, Organised Crime in Australia 2017, offered the most contemporary picture of serious and organised crime in the nation. ACIC's report can be accessed at this PS News link (29 August 2017). More...

Invisible DNA to crack down on crime in Geelong
A six-month synthetic DNA trial is about to get underway in Geelong as part of a crime prevention plan by the Andrews Labor Government to reduce residential burglaries. A key finding from successful trials in the UK and New Zealand is that the DNA technology is a deterrent to thieves (29 August 2017). More...

Nothing 'un-Australian' about human rights, the Constitution and the rule of law
The Immigration Minister's attack on lawyers and law firms as 'un-Australian' for providing pro bono legal assistance to asylum seekers is regrettable and misguided, according to the Law Council of Australia (28 August 2017). More...

Federal Committee's Review of Political Donations Commences
The Joint Standing Committee on Electoral Matters has announced the start of its review of political donations, a review that forms part of its more general inquiry into the Conduct of the 2016 Federal Election (28 August 2017). More...

Queensland legal centre vows to continue Adani fight
A Queensland community legal centre will continue to examine the lawfulness of Adani's Carmichael mega mine after the Federal Court dismissed two bids to stop it from going ahead. Appeals lodged by the Australian Conservation Foundation and traditional land owner Adrian Burragubba were on Friday dismissed by the Federal Court of Australia (26 August 2017). More...

Government responds to PC Report on Australian IP Arrangements
The Government has published its response to the Productivity Commission's controversial Report on IP Arrangements in Australia. The Government agrees in principle with a number of the Commission's recommendations, such as those relating to consumer access to content and parallel importation restrictions for books. The Government will continue to work with industry to reach solutions for consumers (25 August 2017). More...

Windsor allowed to challenge Joyce as citizenship hearing set for October
Barnaby Joyce's political nemesis will argue in the High Court that the Deputy PM breached the constitution, as 10-12 October is set down for a full hearing into Federal Parliament's dual citizenship saga (24 August 2017). More...

Organised Crime in Australia Report - a $36 billion a year problem
The Organised Crime in Australia report released today confirms that organised crime is costing Australia $36 billion a year. That equates to $1,561 out of every individual Australian's pocket and adds 6.3 per cent to the average cost of living (24 August 2017). More...

Parole Board Queensland decision
"All decisions by Parole Board Queensland and its President are made independently and without political interference," Minister for Corrective Services Mark Ryan has said (24 August 2017). More...

CCC: Two Brisbane men to face fraud, forgery and uttering offences
Two Brisbane men were today served with Notices to Appear in court in relation to fraud, forge and utter charges following a Crime and Corruption Commission (CCC) investigation (24 August 2017). More...

CCC: Emerald man charged with child exploitation offences
A 35-year-old Emerald man has been charged with child exploitation and firearm offences following an investigation by the Crime and Corruption Commission (CCC) (24 August 2017). More...

Two new District Court Judges appointed
Attorney-General and Minister for Justice Yvette D'Ath has announced the appointment of two new judges to the District Court in Brisbane (24 August 2017). More...

Laws already exist to handle so-called offences of "industrial manslaughter": QLS
Queensland's peak solicitor body objects to the State Government's plan to introduce the new criminal offence of "industrial manslaughter", saying adequate laws already exist to cover such behaviour. The QLS strongly advocates for evidence-based legislation and there is no evidence to suggest that such a new law will further deter either individuals or corporations or show that current criminal laws have failed (23 August 2017). More...

Family law inquiry 'will be critical' of courts despite cancelling judges' hearings
Liberal MP Sarah Henderson says her committee investigating the failings of the family law system will be critical of the sector, despite not calling senior judges to give evidence (23 August 2017). More...

Crime and Corruption Commission
For almost 30 years, Queensland has had a standing royal commission based on the recommendations of the Fitzgerald Inquiry (23 August 2017). More...

ID scanners keeping Queenslanders safe
The Attorney-General and Minister for Justice Yvette D'Ath has welcomed the Queensland Police Commissioner's statement that Crown Prince Frederik of Denmark was not denied entry to a Brisbane licensed venue (22 August 2017). More...

Palaszczuk Government seeks new offence of industrial manslaughter
The Palaszczuk Government has introduced legislative changes to create a new offence of industrial manslaughter in Queensland (22 August 2017). More...

Palaszczuk Government to introduce landmark Building Industry Fairness legislation
The Palaszczuk Government has introduced legislation to the Queensland Parliament ushering in a new age of fairness in the building and construction industry (22 August 2017). More...

New authority to keep watch over serious offenders
The Andrews Labor Government is establishing a new statutory authority to keep watch over the state's most serious offenders – a key recommendation of the Harper Review. The Serious Sex Offenders (Detention and Supervision) Amendment (Governance) Bill 2017 will be introduced into Parliament today to create the Post Sentence Authority (22 August 2017). More...

Federal Government proposes modern slavery in supply chains reporting requirement
Minister for Justice Michael Keenan has announced that the Federal Government is proposing to introduce legislation for businesses to report annually on steps they have taken to address modern slavery within their supply chains. The Federal Government has released a discussion paper outlining their proposed legislative model and it will be open for public comment until 20 October 2017 (21 August 2017). More...

In practice and courts

OAIC: Information governance for the information age: OAIC Corporate Plan released
The Office of the Australian Information Commissioner (OAIC) has released its Corporate Plan for 2017–18 — outlining its priorities and key success factors (31 August 2017). More...

HCA Bulletins
High Court of Australia Bulletin [2017] HCAB 06 (01 September 2017). More...

Federal Court of Australia
Federal Court (Bankruptcy) Amendment (Insolvency and Other Measures) Rules 2017
Federal Circuit Court (Bankruptcy) Amendment (Insolvency and Other Measures) Rules 2017
The Rules will each take effect on 1 September 2017. The first tranche of these, largely concerned with registration and discipline of insolvency practitioners, commenced on 1 March 2017. The second tranche deals with insolvency administration processes. More...

The Management of Risk by Public Sector Entities
ANAO; 15 August 2017 - The audit objective was to assess how effectively the selected public sector entities manage risk. More...

Legal Affairs and Community Safety Committee: Report No. 58, 55th Parliament - Corrective Services (No Body, No Parole) Amendment Bill 2017
This report presents a summary of the Legal Affairs and Community Safety Committee's examination of the Corrective Services (No Body, No Parole) Amendment Bill 2017. The committee's task was to consider the policy outcomes to be achieved by the legislation, as well as the application of fundamental legislative principles. More...

Review of political donations commences
The Joint Standing Committee on Electoral Matters is conducting a review into political donations as part of its inquiry into the conduct of the 2016 election (22 August 2017). More...

Modern Slavery Consultation
The first step is an extensive consultation period with industry on the Government's Modern Slavery in Supply Chains Reporting Requirement discussion paper. The consultation paper is available online at the modern slavery consultation page on the Attorney-General's Department website. The deadline for submissions is 20 October 2017. More...

LCA Submissions
23 August 2017 - ASIC's Access to Telecommunications Intercept Material. More...

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 today for feedback. Submissions close on 30 September 2017. More...

New Multicultural Access and Equity Plan for 2017–18
OSAUC has recently published the Multicultural Access and Equity Plan for 2017–18 (16 August 2017). More...

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. 35/2017, 28 August 2017
Issue No. 34/2017, 21 August 2017

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...

Queensland

QLS: Equality before law
Queensland Law Society has released its position on the current marriage laws in Australia. The policy position which states that in our view, the discrimination currently facing same-sex couples in the federal legislation constitutes a breach of fundamental legal principles which requires rectification through legislative amendment (25 August 2017). More...

QLS: Invitation to provide comments
Practitioners are invited to provide their opinions and feedback as Queensland Law Society policy committees prepare submissions on legal topics for government inquiries (09 August 2017). More...

OIC Queensland: Audit of privacy and mobile apps
The OIC tabled its report on 22 August 2017 in Parliament on how three Queensland government agencies meet their obligations under the Information Privacy Act 2009 (Qld) when developing and operating mobile apps. The audit identified good practice and areas of improvement, and made recommendations for all government agencies. More...

OIC Queensland: Current cases
04/08/2017: Williams and Queensland Police Service [2017] QICmr 28 (4 August 2017) | Office of the Information Commissioner Queensland
02/08/2017: Alsop and Redland City Council [2017] QICmr 27 (2 August 2017) | Office of the Information Commissioner Queensland

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...

QAO: Fraud risk management
The objective of the audit is to assess whether agencies appropriately identify and assess fraud risks, and apply appropriate risk treatments and control activities to adequately manage their exposure to fraud risks. Tabling date is October 2017. 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. Tabling date is December 2017. More...

Published – articles, papers, reports

Recent developments and impending changes in practice and procedures in the Federal Court
Presented to the 2017 Bar Association of Queensland Employment and Industrial Relations Conference, on 27 August by Justice Collier. More...

Charging for access to justice
Gino Dal Pont; 01 September 2017
The profession has responded in various ways, against a statutory backdrop directed at regulating chargeable costs. Professional discipline for overcharging nonetheless remains as a critical vehicle to police illegitimate impediments in this regard. More...

Notifiable Data Breaches
Adam Wakeling; 01 September 2017
The Privacy Amendment (Notifiable Data Breaches) Act 2017 makes it mandatory to report eligible data breaches to the Office of the Australian Information Commissioner (OAIC) and affected individuals. It takes effect on 22 February 2018 unless proclaimed sooner. More...

Public Law Review, Vol 28 Pt 3 August 2017
The latest Part of the Public Law Review includes the following content: Comments: "As Safe as Houses?: Commonwealth Continuing Detention of High Risk Terrorist Offenders" – Greg Carne; "The 'Always Speaking' Principle: Not Always Needed?" – Jacinta Dharmananda; Speech: "Chapter IV: The Inter-State Commission and the Regulation of Trade and Commerce under the Australian Constitution" – Stephen Gageler; and the following Articles: "Inside and Outside Criminal Process: The Comparative Salience of the New Zealand and Victorian Human Rights Charters" – Claudia Geiringer; "Executive Power" – K M Hayne; "Mistakes about Mistake of Fact: The New Zealand Story" – Hanna Wilberg; and Developments. Public Law Review update: Vol 28 Pt 3 [subscription access]

Journal of Civil Litigation and Practice, Vol 6 Pt 2 August 2017
The latest Part of the Journal of Civil Litigation and Practice includes the following articles: "The Alluring Promises of Technology-assisted Review" – Elijah Pear. Also in this Part are the editorial Comments on "New Zealand Lawyer-Litigants to be Treated Regarding Costs Just Like Other Unrepresented Litigants" and "Miiko Kumar: General Editor"; and Case Notes. Journal of Civil Litigation and Practice update: Vol 6 Pt 2 [subscription access]

Cases

'MD' and Department of Human Services (Freedom of information) [2017] AICmr 78
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.

llister McCaffrey and Australian National University (Freedom of information) [2017] AICmr 77
Freedom of Information — Whether document contains deliberative matter prepared for a deliberative process — Whether contrary to public interest to release conditionally exempt documents — (CTH) Freedom of Information Act 1982 ss 11A(5), 47C.

Barbara Stanistreet and Department of Health (Freedom of information) [2017] AICmr 76
Freedom of Information — Whether disclosure would disclose commercially valuable information — (CTH) Freedom of Information Act 1982 s 47(1)(b).

Wilmar Sugar Pty Ltd v Blackwood [2017] QSC 180
ADMINISTRATIVE LAW – JUDICIAL REVIEW – GROUNDS OF REVIEW – GENERALLY – where the applicant was the operator of a sugar mill at which an employee died in a workplace accident – where the applicant offered an undertaking to the respondent pursuant to s 216 of the Work Health and Safety Act 2011 – where the respondent refused the undertaking and continued its prosecution of the applicant – where the applicant seeks statutory review of the respondent's decision to refuse the applicant's undertaking –whether the respondent failed to take into account relevant considerations – whether the respondent committed an error of law – whether the respondent failed to give proper reasons.

Nichols v Legal Services Commissioner [2017] QSC 175
ADMINISTRATIVE LAW – JUDICIAL REVIEW – GROUNDS OF REVIEW – JURISDICTIONAL MATTERS – where the applicant alleged breach of a Quistclose trust by a firm of solicitors and subsequently made a complaint to the respondent – where a delegate of the respondent investigated the complaint and recommended to the respondent that the complaint be dismissed – where the reasons of the delegate erroneously claimed that no determination had been made as to the existence of a trust, although that determination had been made by the Federal Magistrates' Court – where the delegate stated that existence of a trust was not a determination that could be made by the respondent, although the respondent was empowered to permit investigation of the issue with a view to establishing such a proposition to be established before the Queensland Civil and Administrative Tribunal – where the applicant seeks statutory review of the decision to dismiss the complaint – whether the respondent committed a jurisdictional error – whether the respondent misapprehended or disregarded the nature of limits of his functions or powers.

Body Corporate for Clifton Views v Queensland Building and Construction Commission [2017] QCAT 285
ADMINISTRATIVE LAW – ADMINISTRATIVE TRIBUNALS – QUEENSLAND CIVIL AND ADMINISTRATIVE TRIBUNAL – where body corporate applied for review of decision to disallow insurance claims made by lot owners – whether body corporate has standing to apply for review – where hearing adjourned over objection of party.

1770 Nominees Pty Ltd v Valuer-General [2017] QCAT 284
ADMINISTRATIVE LAW – ADMINISTRATIVE TRIBUNALS – QUEENSLAND CIVIL AND ADMINISTRATIVE TRIBUNAL JURISDICTION – where an application was made to the Queensland Civil and Administrative Tribunal for review of a decision, and for an interim order, in relation to proceedings before the Land Court of Queensland – where the application was rejected by the Registrar – where the applicant sought a review of the Registrar's decision – where the Registrar's decision was confirmed.

Jimmy's On the Mall Pty Ltd v Commissioner for Liquor and Gaming Regulation [2017] QCAT 282
STATUTES – ACTS OF PARLIAMENT – STATUTORY POWERS AND DUTIES – CONSTRUCTION – CONFERRAL AND EXTENT OF POWER – where statute contemplates that premises might be exempt from the ID scanning obligations – whether power to exempt premises is conferred on the Commissioner expressly or by implication. GAMING AND LIQUOR – ADMINISTRATION – LIQUOR LICENSING – OTHER MATTERS – where ID scanning would apply to restaurant premises – where licensee requested exemption for those premises or alternatively for an adjustment to the regulated hours – whether the threshold for approval of the requests is a high one – whether the requests should be granted.

Bradshaw v Moreton Bay Regional Council [2017] QCAT 281
ADMINISTRATIVE REVIEW – ADMINISTRATIVE TRIBUNALS – QUEENSLAND CIVIL AND ADMINISTRATIVE TRIBUNAL – power to make destruction order not concurrently with dangerous dog declaration – where no further risk or non compliance identified – where alleged warrant issued on invalid grounds.

Australian Conservation Foundation Incorporated v Minister for the Environment and Energy [2017] FCAFC 134
ADMINISTRATIVE LAW – appeal from a decision dismissing a judicial review challenge – where the Minister's decision was to approve a coal mine project – alleged error by the Minister in failing to determine the "impact" of combustion emissions on the Great Barrier Reef – consideration of s 527E of the Environmental Protection and Biodiversity Conservation Act 1999 (Cth) – where the Minister's reasons reflect a proper discharge of his statutory duty – appeal dismissed.

Burragubba v State of Queensland [2017] FCAFC 133
ADMINISTRATIVE LAW – appeal from a decision dismissing an application for judicial review under the Administrative Decisions (Judicial Review) Act 1977 (Cth) – whether the decision of the National Native Title Tribunal was induced by circumstances analogous to fraud – whether the National Native Title Tribunal failed in the discharge of its obligations by ignoring the content of submissions made by the appellant and Ms Bobongie.

Pintarich v Deputy Commissioner of Taxation [2017] FCA 944
ADMINISTRATIVE LAW – application for judicial review of a decision by the Deputy Commissioner of Taxation to grant partial remission of a general interest charge pursuant to s 8AAG of the Taxation Administration Act 1953 (Cth) – where prior to the impugned decision a letter had been sent to the applicant – whether that letter evidenced the making of an earlier decision to grant full remission of the general interest charge – whether the impugned decision was ultra vires – where applicant relied upon grounds in s 5(1)(c) and (d) of the Administrative Decisions (Judicial Review) Act 1977 (Cth) – whether the decision-maker lacked jurisdiction to make the impugned decision – whether the decision was not authorised by the enactment in pursuance of which it was purported to be made.
INCOME TAX – application for remission of a general interest charge on an income tax debt – whether decision to partly remit charge vitiated by earlier purported decision to remit entire charge.

Reaper v Luxton [2017] FCA 949
ADMINISTRATIVE LAW – application for review of Deputy District Registrar's decision pursuant to r 2.26 of the Federal Court Rules 2011 (Cth) to refuse to accept documents for filing – where Deputy District Registrar formed the view that documents were an abuse of process – whether Deputy District Registrar took into account irrelevant considerations – whether decision was legally unreasonable. Administrative Decisions (Judicial Review) Act 1977 (Cth), s 5.

Roadshow Films Pty Ltd v Telstra Corporation Limited [2017] FCA 965
COPYRIGHT – section 115A of the Copyright Act 1968 (Cth) – whether injunction should be granted requiring carriage service providers to take reasonable steps to disable access to online locations outside Australia infringing or facilitating infringement of copyright –form of orders – injunction granted - Copyright Act 1968 (Cth), ss 10, 115A, 126.

Fitzgibbon v Turnbull [2017] FCA 968
ADMINISTRATIVE LAW – freedom of information – application for access to document (Coalition Agreement) – claim by Minister that the document was not an official document of the Minister within the meaning of s 4(1) of the Freedom of Information of Act 1982 (Cth) – application to the Administrative Appeals Tribunal for review of a decision by the Information Commissioner holding that the document sought was not an official document of a Minister – applicant applied at a directions hearing in the Tribunal for an order that his legal representatives be allowed to inspect the document as a matter of procedural fairness under s 39 of the Administrative Appeals Tribunal Act 1975 (Cth) – Tribunal had not at that stage required the document to be produced for inspection and the document had not been voluntarily produced to the Tribunal – at that stage the Tribunal had not otherwise proposed to have regard to the contents of the document – whether the Tribunal erred in its interlocutory decision that it did not have the power to order that the applicant's legal representatives be allowed to inspect the document and, if the Tribunal did have that power, that it would decline to exercise it – Held: application for judicial review dismissed. Administrative Appeals Tribunal Act 1975 (Cth) ss 2A, 35, 37, 39; Freedom of Information Act 1982 (Cth) ss 4(1), 15, 55K, 57A, 63, 64.

Debra Duncan and Australian Criminal Intelligence Commission (Freedom of information) [2017] AICmr 75
Freedom of Information — Whether material obtained in confidence — (CTH) Freedom of Information Act 1982 s 45.

'MC' and Department of Defence (Freedom of information) [2017] AICmr 74
Freedom of Information — Whether reasonable steps taken to locate documents — 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), 24A, 47E(c).

'MB' and Department of Human Services (Freedom of information) [2017] AICmr 73
Freedom of Information —Whether reasonable steps taken to locate documents — (CTH) Freedom of Information Act 1982 s 24A.

Philp v Nominal Defendant [2017] NSWDC 223
LIMITATION OF ACTIONS – plaintiff is entitled to a grant of leave to continue the present proceedings – whether the proceedings should be dismissed on account of defendant's claim of unsatisfactory explanation for delay;
PRACTICE AND PROCEDURE – issue of due inquiry and search to be determined at the trial.

Burragubba v Minister for Natural Resources and Mines [2017] QCA 179
ADMINISTRATIVE LAW – JUDICIAL REVIEW – GROUNDS OF REVIEW – PROCEDURAL FAIRNESS – PROCEDURES PROVIDED BY STATUTE – where the appellants were registered native title claimants under the Native Title Act 1993 (Cth) (the NTA) – where the National Native Title Tribunal (NNTT) had determined that the grant of mining leases over land the subject of the native title claim could be done as a 'future act' under the NTA – where the appellants sought judicial review of the NNTT determination – where the first respondent decided to grant three mining leases to the second respondent under the Mineral Resources Act 1989 (Qld) (the MRA) – where, in making the decision, the first respondent concluded that native title proceedings had been 'resolved', without consulting the appellants, although the judicial review proceedings were reserved pending judgment – where the MRA sets up a scheme for objections to the grant of a mining lease to be made within a limited time and for those objections to be considered by the Land Court – where the appellants had not lodged an objection under the MRA scheme – where the primary judge concluded that the MRA provided a comprehensive code for affording procedural fairness and had excluded the common law right to procedural fairness – whether the MRA excluded the common law right to procedural fairness – whether the first respondent was referring to the native title claim being 'resolved' in the sense of being extinguished or in the sense that the grant of a mining lease could be done as a 'future act' under the NTA – whether the first respondent was obliged to consult with the appellants before concluding that the grant of a mining lease could be done as a 'future act' under the NTA.

J & K Homes Pty Ltd v Queensland Building and Construction Commission [2017] QCAT 269
ADMINISTRATIVE LAW – ADMINISTRATIVE TRIBUNALS – QUEENSLAND CIVIL AND ADMINISTRATIVE TRIBUNAL – where application made to review a decision under the Queensland Building and Construction Commission Act 1991 (Qld) – where scope of works previously amended by agreement and consent order of the Tribunal – whether QCAT review jurisdiction includes a power for QCAT to make ancillary orders requiring the re-costing of a scope of works prepared for purposes of an insurance claim under the statutory insurance scheme in the QBCC Act – whether the circumstances surrounding the making the consent order amending the scope of works by consent concludes the Tribunal's review jurisdiction.
CONTRACTS – BUILDING, ENGINEERING AND RELATED CONTRACTS – OTHER MATTERS – where parties had agreed on a revised scope of works and consent orders made to that effect – where Tribunal considered meaning of the expression 'a decision about the scope of works to be undertaken under the statutory insurance scheme to rectify or complete tribunal work' as used in s 86(1)(g) of the Queensland Building and Construction Commission Act 1991 (Qld) – whether the parties' agreement on a revised scope of works, given effect by consent orders, rendered the Tribunal functus officio.

Taylor & Sons Pty Ltd v Department of Justice and Attorney-General [2017] QCAT 268
ADMINISTRATIVE LAW – ADMINISTRATIVE TRIBUNALS – QUEENSLAND CIVIL AND ADMINISTRATIVE TRIBUNAL – where claim made against claim fund – where Chief Executive assessed claim as out of time –whether prescribed form mandatory provision – whether the tribunal should extend time.

Legislation

Commonwealth

Commonwealth Grants Rules and Guidelines 2017
29/08/2017 - This instrument outlines the mandatory requirements and better practice principles for all non-corporate Commonwealth entities and third parties that undertake grant administration on behalf of the Commonwealth, including Ministers, accountable authorities and officials. It does not impose requirements on grantees.

Queensland

Bills

Corrective Services (No Body, No Parole) Amendment Bill 2017
Assent Date: 25/08/2017 Act No: Act No. 23 of 2017 Commences: Date of Assent - See the Act.

Subordinate legislation as made

No 167 Jury Regulation 2017 - Jury Act 1995 – 25 August 2017 - As referred to in its explanatory notes, the objective of the regulation is to replace the Jury Regulation 2007, due to expire on 1 September 2017. The Jury Regulation 2017 will provide for the same matters as contained in the current regulation. However, the following minor and/or technical amendments are made to: (a) enable persons aged 70 or more electing to be eligible for jury service to provide notices by email. The Jury Regulation 2017, other than Part 7, commenced on 2 September 2017.
No 168 Liquor Amendment Regulation (No. 1) 2017 - Liquor Act 1992 – 25 August 2017.

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You may not modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, link, display, or in any way exploit any of the Content, in whole or in part, except as expressly permitted in these Terms or with the prior written consent of Mondaq. You may not use electronic or other means to extract details or information from the Content. Nor shall you extract information about users or Contributors in order to offer them any services or products.

In your use of the Website and/or Services you shall: comply with all applicable laws, regulations, directives and legislations which apply to your Use of the Website and/or Services in whatever country you are physically located including without limitation any and all consumer law, export control laws and regulations; provide to us true, correct and accurate information and promptly inform us in the event that any information that you have provided to us changes or becomes inaccurate; notify Mondaq immediately of any circumstances where you have reason to believe that any Intellectual Property Rights or any other rights of any third party may have been infringed; co-operate with reasonable security or other checks or requests for information made by Mondaq from time to time; and at all times be fully liable for the breach of any of these Terms by a third party using your login details to access the Website and/or Services

however, you shall not: do anything likely to impair, interfere with or damage or cause harm or distress to any persons, or the network; do anything that will infringe any Intellectual Property Rights or other rights of Mondaq or any third party; or use the Website, Services and/or Content otherwise than in accordance with these Terms; use any trade marks or service marks of Mondaq or the Contributors, or do anything which may be seen to take unfair advantage of the reputation and goodwill of Mondaq or the Contributors, or the Website, Services and/or Content.

Mondaq reserves the right, in its sole discretion, to take any action that it deems necessary and appropriate in the event it considers that there is a breach or threatened breach of the Terms.

Mondaq’s Rights and Obligations

Unless otherwise expressly set out to the contrary, nothing in these Terms shall serve to transfer from Mondaq to you, any Intellectual Property Rights owned by and/or licensed to Mondaq and all rights, title and interest in and to such Intellectual Property Rights will remain exclusively with Mondaq and/or its licensors.

Mondaq shall use its reasonable endeavours to make the Website and Services available to you at all times, but we cannot guarantee an uninterrupted and fault free service.

Mondaq reserves the right to make changes to the services and/or the Website or part thereof, from time to time, and we may add, remove, modify and/or vary any elements of features and functionalities of the Website or the services.

Mondaq also reserves the right from time to time to monitor your Use of the Website and/or services.

Disclaimer

The Content is general information only. It is not intended to constitute legal advice or seek to be the complete and comprehensive statement of the law, nor is it intended to address your specific requirements or provide advice on which reliance should be placed. Mondaq and/or its Contributors and other suppliers make no representations about the suitability of the information contained in the Content for any purpose. All Content provided "as is" without warranty of any kind. Mondaq and/or its Contributors and other suppliers hereby exclude and disclaim all representations, warranties or guarantees with regard to the Content, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement. To the maximum extent permitted by law, Mondaq expressly excludes all representations, warranties, obligations, and liabilities arising out of or in connection with all Content. In no event shall Mondaq and/or its respective suppliers be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use of the Content or performance of Mondaq’s Services.

General

Mondaq may alter or amend these Terms by amending them on the Website. By continuing to Use the Services and/or the Website after such amendment, you will be deemed to have accepted any amendment to these Terms.

These Terms shall be governed by and construed in accordance with the laws of England and Wales and you irrevocably submit to the exclusive jurisdiction of the courts of England and Wales to settle any dispute which may arise out of or in connection with these Terms. If you live outside the United Kingdom, English law shall apply only to the extent that English law shall not deprive you of any legal protection accorded in accordance with the law of the place where you are habitually resident ("Local Law"). In the event English law deprives you of any legal protection which is accorded to you under Local Law, then these terms shall be governed by Local Law and any dispute or claim arising out of or in connection with these Terms shall be subject to the non-exclusive jurisdiction of the courts where you are habitually resident.

You may print and keep a copy of these Terms, which form the entire agreement between you and Mondaq and supersede any other communications or advertising in respect of the Service and/or the Website.

No delay in exercising or non-exercise by you and/or Mondaq of any of its rights under or in connection with these Terms shall operate as a waiver or release of each of your or Mondaq’s right. Rather, any such waiver or release must be specifically granted in writing signed by the party granting it.

If any part of these Terms is held unenforceable, that part shall be enforced to the maximum extent permissible so as to give effect to the intent of the parties, and the Terms shall continue in full force and effect.

Mondaq shall not incur any liability to you on account of any loss or damage resulting from any delay or failure to perform all or any part of these Terms if such delay or failure is caused, in whole or in part, by events, occurrences, or causes beyond the control of Mondaq. Such events, occurrences or causes will include, without limitation, acts of God, strikes, lockouts, server and network failure, riots, acts of war, earthquakes, fire and explosions.

By clicking Register you state you have read and agree to our Terms and Conditions