Australia: Queensland Government Bulletin - 19 September 2017

In the media

Lionel Murphy: Parliament releases secret files detailing misconduct allegations against former judge
Sealed documents from one of the most explosive scandals in Australian political and judicial history have been released by Federal Parliament, and detail a series of allegations about misconduct by a former high court justice. (14 September 2017). More...

Marriage Law Survey (Additional Safeguards) Act 2017 rushed through Parliament
In light of the upcoming postal Marriage Law Survey regarding same-sex marriage, the Parliament of Australia has yesterday, 13 September 2017, pushed through the Marriage Law Survey (Additional Safeguards) Bill 2017, and the Marriage Law Survey (Additional Safeguards) Act 2017 (the Act) has been assented to as Act 96 of 2017. Commencing immediately, the Act will be in operation until the result of the Marriage Law Survey is declared on 15 November 2017 (14 September 2017). More...

Legal protection necessary as postal survey hits letterboxes
Parliament has agreed on new laws to safeguard against hate speech during the same-sex marriage postal survey campaign by rapidly passing the Marriage Law Survey (Additional Safeguards) Bill. The Law Council has strongly advocated for the anti-vilification provisions which cover a wide-range of conduct. The new temporary laws will apply until mid-November restricting content published by campaigns, anyone found to have breached those provisions could face a $12,000 fine and a court injunction (14 September 2017). More...

Legal profession backs Integrity Commission and Whistleblower reports
The Law Council has thrown its support behind the Select Committee into a National Integrity Commission report and the Joint Committee on Corporations and Financial Services Whistleblower protections report. Several of the recommendations contained in these reports are consistent with the Law Council's positions that have been put forward to both Committees (14 September 2017). More...

Criminal Code Amendment (Impersonating a Commonwealth Body) Bill 2017: The Utopia Exemption
Yesterday (13 September 2017) the Minister for Justice, Mr Keenan, introduced the Criminal Code Amendment (Impersonating a Commonwealth Body) Bill 2017 (Cth) (the Bill) into the House of Representatives. In broad terms the Bill proposes to introduce new offences and a new injunctions power to prohibit and prevent ". . . conduct amounting to false representation of a Commonwealth body" (14 September 2017). More...

New laws to crackdown on violence at events in force
The Andrews Labor Government's new public order laws to crack down on violent behaviour at protests and public events are now in force. The Crimes Legislation Amendment (Public Order) Act 2017 commenced yesterday and creates two new offences of affray and violent disorder, and gives police more powers to protect the community. (14 September 2017). More...

Ipswich man charged with Official Corruption
A 53-year-old Karana Downs man was charged this afternoon with Official Corruption and Disobedience to Statute Law following a CCC investigation (14 September 2017). More...

Unlawful strike could cost CFMEU millions
The CFMEU and union officials are set to pay in excess of $2 million in penalties over unlawful industrial action in 2014 at the Barangaroo construction site in Sydney (13 September 2017). More...

Eddie Obeid loses appeal against misconduct in public office conviction
Corrupt former Labor minister Eddie Obeid's appeal against his conviction for misconduct in public office fails and he will have to serve out his minimum three-year jail term (13 September 2017). More...

Current attempts to strengthen citizenship requirements not supported
Key crossbench Senators announcing they will not support proposed amendments to the Government's Australian Citizenship Legislation Amendment Bill 2017 in its current form. Concerns were raised about the necessity to raise the level of English required for citizenship, a lack of clarity around new citizenship eligibility criteria with details to be determined by legislative instruments and not included in the Bill, the introduction of a limit to the number of times a person can take the test and the proposed inclusion of a 'good character' requirement for minors (13 September 2017). More...

Toughest crack down on paedophiles in a generation
The Coalition Government today announced tough new laws that represent the greatest crack down on paedophiles in a generation. Under the new laws, child sex offenders will spend longer in jail, be less likely to be granted bail and parole, face mandatory minimum sentences and be closely supervised following their release (12 September 2017). More...

Drug and alcohol counsellor charged following IBAC investigation
Victoria's independent anti-corruption commission, IBAC, this morning charged a 69 year old Keilor Lodge man as part of an IBAC investigation into allegations of serious corruption (12 September 2017). More...

The Australian Government must encourage public debate, not restrict the right of charities to speak up
"One of the things that makes our democracy great is having an informed public debate with a range of voices. Charities working for public benefit are and should be a key voice in these debates. The Government should be safeguarding their free speech, not stifling it," said Emily Howie, HRLC (11 September 2017). More...

Tough new laws to crack down on labour hire exploitation
The Andrews Labor Government is cracking down on the abuse and exploitation of Victorian workers with a suite of new reforms to clean up the labour hire industry, announcing the details of a new scheme to hold all labour hire firms to tough new licencing standards (10 September 2017). More...

Qld police officer under investigation over alleged leak of woman's address to 'abusive' ex
A Queensland police officer is under investigation after allegedly disclosing the residential details of a high-risk domestic violence victim to her perpetrator (09 September 2017). More...

Senate Committee told Government's remote work for the dole program is racially discriminatory
Aboriginal and Torres Strait Islander people in remote communities are being denied basic rights and fair payment for work as a result of a racially discriminatory Federal Government program. That was the message the Human Rights Law Centre had for the Senate Committee examining the appropriateness and effectiveness of the Government's remote work for the dole program (08 September 2017). More...

New Judges appointed to Federal Circuit Court of Australia
The Attorney-General announces the appointment of two new judges to the Federal Circuit Court of Australia: Ms Jane Costigan to the Newcastle Registry and Ms Patrizia Mercuri to the Melbourne Registry (08 September 2017). More...

Listing of Islamic State East Asia as a terrorist organisation under the Criminal Code
The Turnbull Government has proscribed Islamic State East Asia under the Criminal Code, taking the total number of listed terrorist organisations to 24. Islamic State East Asia seeks to advance Islamic State's ideology and establish a caliphate within the Southern Philippines (08 September 2017). More...

What does the High Court think about dual nationality?
The controversy over dual nationality that has engulfed the Australian Parliament since mid-July now involves at least seven politicians from the Government, the Greens and One Nation. The High Court will conduct a hearing in mid-October to decide whether section 44(i) of the Constitution renders some or all of these politicians ineligible to be in Parliament. Experts, commentators and politicians are divided over the likely outcome (08 September 2017). More...

Queensland to have safest out-of-home care system in Australia
Reforms underpinned by reviews of the Child Safety, Foster Care and Blue Card systems will see Queensland lead the nation in keeping children safe. Premier Annastacia Palaszczuk, Child Safety Minister Shannon Fentiman and Attorney General Yvette D'Ath has released the three Queensland Family and Child Commission reports which were prepared following the tragic death of Tiahleigh Palmer (07 September 2017). More...

Palaszczuk Government to reform Guardianship laws
Attorney-General and Minister for Justice Yvette D'Ath has introduced the Guardianship and Administration and Other Legislation Amendment Bill 2017 which contained a raft of reforms to the guardianship system. "These reforms will enhance safeguards for adults with impaired capacity, and improve the efficiency and clarity of Queensland's guardianship system (05 September 2017). More...

Privacy Office goes public with plan
The 2017–18 Corporate Plan from the Office of the Australian Information Commissioner (OAIC) outlines its priorities and key success factors in "an unprecedented period of data innovation". Information and Privacy Commissioner, Timothy Pilgrim said managing the nexus between data innovation, privacy and consumer trust had now become a defining issue for both the public and the private sectors (05 August 2017). More...

In practice and courts

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...

Australian Copyright Council: Review of Copyright Regulations 1969 and the Copyright Tribunal (Procedure) Regulations 1969
The Federal Government has today (12 September 2017) released two exposure drafts of Regulations related to the Copyright Act. These are aimed at updating and replacing the current Copyright Regulations 1969 and the Copyright Tribunal (Procedure) Regulations 1969, which are due to sunset in April 2018. Submissions on the proposed Regulations are open until on 6 October 2017. Copies of the exposure draft and submission details are available at the Department of Communications and the Arts website.

Queensland

QLS: Legal Profession Regulation 2017 commences
On 1 September, the Legal Profession Regulation 2017 (LPR 2017) commenced, replacing the Legal Profession Regulation 2007. The table here summarises the changes under LPR 2017 (06 September 2017). More...

QLS: Note on Supreme Court Practice Direction 14 of 2017
Supreme Court Practice Direction 14 of 2017 was signed by Chief Justice Catherine Holmes on 1 September 2017. The court has also issued a communique which explains that the practice direction, together with the amendment of section 67 of the Trusts Act 1973 and an amendment of rule 599 of the Uniform Civil Procedure Rules 1999 (13 September 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. 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. Contribute now here.

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. Contribute now here.

Sentencing Seminar: What happened with Jake?
Tuesday 26 September — The Ship Inn Function Centre, Griffith University South Bank Campus Young offenders are increasingly under the public spotlight. Considerable media attention is focused on juvenile crime and the perceived frequency with which young offenders seem to reoffend and return to court. More...

Published – articles, papers, reports

Senate Select Committee on a National Integrity Commission - report
Senate Select Committee on a National Integrity Commission: 13 September 2017 This report examines the adequacy of the Australian government's legislative, institutional and policy framework in addressing all facets of institutional, organisational, political, electoral, and individual corruption and misconduct. More...

Whistleblower protections
Parliamentary Joint Committee on Corporations and Financial Services: 13 September 2017 One of this report's main recommendations is the establishment of a Whistleblower Protection Authority that can support whistleblowers, assess and prioritise the treatment of whistleblowing allegations, conduct investigations of reprisals, and oversight the implementation of the whistleblower regime for both the public and private sectors. More...

Rising inequality: an Australian reality
Australian Council of Trade Unions: 13 September 2017 The Australian Council of Trade Unions (ACTU) has released this report that shows Australia is at risk of becoming an Americanised society of working poor if people are not given a pay rise. More...

Cases

Eccles and National Disability Insurance Agency [2017] AATA 1457
PRACTICE AND PROCEDURE – Jurisdiction – National Disability Insurance Scheme – Requests for plan review, s 48 – Deemed decision and deemed review by CEO – Whether there is a reviewable decision for the purposes of s 103 – Distinction between plan review request and request to CEO to review decision about supports included in a participant plan – The Tribunal has jurisdiction to review deemed decision in relation to request for plan review.
National Disability Insurance Scheme Act 2013 (Cth), ss 48, 49, 99, 100, 103
Administrative Appeals Tribunal Act 1975 (Cth), s 29.

Powell v Queensland University of Technology [2017] QCA 200
ADMINISTRATIVE LAW – FREEDOM OF INFORMATION – REVIEW OF DECISIONS – OTHER STATES AND TERRITORIES – where the applicants applied for access to their personal information held by the Queensland University of Technology (QUT) under the Information Privacy Act 2009 (Qld) (the IPA) – where QUT refused the application as invalidly made on the ground that the applicants had not provided identification documents as required by the IPA – where QUT's decision was upheld by the Information Commissioner – where the applicants appealed to QCAT but, before the determination of that appeal, QUT agreed to treat the applications as if they had been validly made – where QCAT made orders setting aside the decisions below and purporting to remit the matter to QUT to be dealt with according to law, and purporting to reset the time period for processing under the IPA – where the Information Commissioner, who had made the decision under appeal in QCAT, had no power to remit the matter to QUT – whether QCAT had power, under s 146 of the Queensland Civil and Administrative Tribunal Act 2009 (Qld) or otherwise, to remit the matter to QUT or to reset the time period for processing – whether the orders of QCAT, being beyond power and therefore nullities, should be set aside.

Goldfield Projects Pty Ltd v Queensland Building and Construction Commission [2017] QCAT 295
ADMINISTRATIVE LAW – ADMINISTRATIVE TRIBUNALS – QUEENSLAND CIVIL AND ADMINISTRATIVE TRIBUNAL
PROCEDURE – CIVIL PROCEEDINGS IN STATE AND TERRITORY COURTS – DISCOVERY AND INTERROGATORIES – DISCOVERY AND INSPECTION OF DOCUMENTS – DISCOVERY OF DOCUMENTS – GENERALLY – where applicant applied for production of documents – whether production should be ordered.

Comcare v Chambers (No 2) [2017] FCA 1070
ADMINISTRATIVE LAW – power of Court to remit matter to Tribunal – whether Court should impose condition on remitter that no further evidence be received by Tribunal.
COSTS – whether parties should bear own costs.
Administrative Appeals Tribunal Act 1975 (Cth) ss 44(4), 44(5), 44(6).

Dattilo v The Commonwealth of Australia (as represented by the Department of Infrastructure and Regional Development) [2017] FCA 1061
PRACTICE AND PROCEDURE – applications to dismiss proceedings for non-appearance and want of prosecution – applications for lump sum costs orders – applications granted. Federal Court Rules (Cth) rr 35.32, 40.02 Administrative and Constitutional Law and Human Rights.

DDH Graham Limited and Australian Securities and Investments Commission (Freedom of information) [2017] AICmr 80
Freedom of Information — Access grant — Whether disclosure would unreasonably affect an organisation in respect of its lawful business affairs — (CTH) Freedom of Information Act 1982 s 47G.

Julian Knight and Attorney-General's Department (Freedom of information) [2017] AICmr 79
Freedom of Information — Whether disclosure of personal information is unreasonable — Whether contrary to the public interest to release conditionally exempt documents — (CTH) Freedom of Information Act 1982 ss 11A(5) and 47F.

Callychurn v Australian Securities and Investments Commission [2017] FCAFC 137
ADMINISTRATIVE LAW – appeal from primary judge's dismissal of an appeal from a decision of the Administrative Appeals Tribunal to vary a decision of the Australian Securities and Investments Commission (ASIC) to make a banning order under s 80(1) of the National Consumer Credit Protection Act 2009 (Cth) (Credit Act) – whether first appellant contravened s 225 of the Credit Act in lodging compliance certificates with ASIC – whether ASIC had reason to believe that the first appellant was likely to contravene the Credit Act in the future – whether ASIC had reason to believe that the first appellant was not a fit and proper person to engage in credit activities.

Eve Hemp Pty Limited v Secretary to the Department of Health [2017] FCA 1051
ADMINISTRATIVE LAW – judicial review – whether the delegate of the Secretary to the Department of Health took irrelevant matters into account in deciding to amend the Poisons Standard of the Therapeutic Goods Act 1989 (Cth) The originating application be dismissed.

Legislation

Commonwealth

Criminal Code Amendment (Prohibition of Full Face Coverings in Public Places) Bill 2017
Senate Second reading debate 14/09/2017 - Amends the Criminal Code Act 1995 to: prohibit the wearing of full face coverings in public places under the jurisdiction of the Commonwealth if the threat level under the National Terrorism Threat Advisory System is higher than 'possible'.

Marriage Law Survey (Additional Safeguards) Bill 2017
Finally passed both Houses 13/09/2017; Assent Act no: 96 Year: 2017 13/09/2017 - The Bill ensures that the survey has a comprehensive suite of safeguards in place to allow the expression of free and informed views, to allow persons to hold and express views without being vilified and ensures the public communications are clearly authorised, so people know who is communicating with them, and to prevent undue influence through bribery, threats and misleading or deceptive publications.

Criminal Code Amendment (Impersonating a Commonwealth Body) Bill 2017
Introduced and read a first time 13/09/2017; Second reading moved 13/09/2017.
The (Bill) will introduce new offences and a new injunction power to prohibit and prevent conduct amounting to false representation of a Commonwealth body. Specifically, the offences and the injunction power will prohibit a person from falsely representing themselves to be, or to be acting on behalf of, or with the authority of, a Commonwealth body.

Crimes Legislation Amendment (Sexual Crimes Against Children and Community Protection Measures) Bill 2017
House of Representatives Introduced and read a first time 13/09/2017; Second reading moved 13/09/2017. This Bill better protects the community from the dangers of child sexual abuse by addressing inadequacies in the criminal justice system that result in outcomes that insufficiently punish, deter or rehabilitate offenders. The Bill targets all aspects of the child sex offender cycle from the commission of an offence, to bail, sentencing and post-imprisonment.

Customs Amendment (Safer Cladding) Bill 2017
The bill amends the Customs Act 1901 to expressly ban the importation of polyethylene (PE) core aluminium composite panels (ACPs). There cannot be, in light of the Grenfell Tower tragedy, legitimate use of PE core ACPs on any building type. There are safe non-flammable and fire retardant alternatives available and a ban on the importation of PE core ACPs will encourage the use of such alternatives.

Investigation and Prosecution Measures Bill 2017
Registered 13/09/2017; Introduced HR 13/09/2017.
A Bill for an Act to amend the law relating to the Independent Commission Against Corruption of New South Wales and the prosecution of offences on Norfolk Island.

Electoral and Other Legislation Amendment Bill 2017
Senate Introduced and read a first time 07/09/2017; Second reading moved 07/09/2017
Implements the Government's response to the recommendations of the Joint Standing Committee on Electoral Matters' report The 2016 Federal Election: Interim Report on the authorisation of voter communication by amending the: Commonwealth Electoral Act 1918 to: apply the electoral authorisation requirements to modern communication channels; require all paid electoral advertising to be authorised; require entities subject to the electoral funding and financial disclosure regime to include this information in their political communications; ensure the obligation to authorise electoral and referendum matter primarily rests with those responsible for the decision to communicate it; and replace the current criminal non-compliance regime with a civil penalty regime to be administered by the Australian Electoral Commission; Referendum (Machinery Provisions) Act 1984, Australian Broadcasting Corporation Act 1993, Broadcasting Services Act 1992 and Special Broadcasting Service Act 1991 to harmonise authorisation requirements across broadcasting, electoral and referendum legislation; Parliamentary Proceedings Broadcasting Act 1946 to make consequential amendments; and Criminal Code Act 1995 to introduce an offence which criminalises false representations in relation to a Commonwealth body.

Fair Work Amendment (Protecting Vulnerable Workers) Bill 2017
Finally passed both Houses 05/09/2017 - Amends the Fair Work Act 2009 to: increase maximum civil penalties for certain serious contraventions of the Act; hold franchisors and holding companies responsible for certain contraventions of the Act by their franchisees or subsidiaries where they knew or ought reasonably to have known of the contraventions and failed to take reasonable steps to prevent them; clarify the prohibition on employers unreasonably requiring their employees to make payments in relation to the performance of work.

Commonwealth Electoral Amendment (Donation Reform and Transparency) Bill 2017
House of Representatives: Removed from the Notice Paper in accordance with (SO 42) 05/09/2017 - 2017Amends the Commonwealth Electoral Act 1918 to: reduce the disclosure threshold to $1000; ensure that, for the purposes of the disclosure threshold and the disclosure of gifts, related political parties are treated as one entity; prohibit the receipt of a gift of foreign property and all anonymous gifts by registered political parties, candidates and members of a Senate group; provide that public funding of election campaigning is limited to declared expenditure incurred by the eligible political party, candidate or Senate group, or the sum payable calculated on the number of first preference votes received where they have satisfied the four per cent threshold, whichever is the lesser; provide for the recovery of gifts of foreign property, anonymous gifts and undisclosed gifts; introduce new offences and penalties; and increase penalties for existing offences.

Regulations

Do Not Call Register (Administration and Operation) Determination 2017
13/09/2017 - This instrument determines the requirements for applications for registration, as well as other requirements regarding the registration, correction and removal of numbers on the Do Not Call Register.

High Court (2018 Sittings) Rules 2017
11/09/2017 - These Rules of Court appoints the High Court's days of sittings for 2018.

Queensland

Bills

Counter-Terrorism and Other Legislation Amendment Bill 2017
Introduced by: on 14/06/2017 Stage reached: Passed on 5/09/2017 Assent Date: 13/09/2017
Act No: Act No. 30 of 2017 Commences: Date of Assent

Honourable Angelo Vasta (Reversal of Removal) Bill 2017
Introduced by: Mr R Katter MP on 2/03/2017 Stage reached: Report from Committee on 4/09/2017

Guardianship and Administration and Other Legislation Amendment Bill 2017
Introduced by: Hon Y D'Ath MP on 5/09/2017 Stage reached: Referred to Committee on 5/09/2017
The objective of the Bill is to amend the Government Owned Corporations Act 1993, the Guardianship and Administration Act 2000, the Integrity Act 2009, the Powers of Attorney Act 1998, the Public Guardian Act 2014 and the Public Interest Disclosure Act 2010.

Subordinate legislation as made

No 184 Proclamation commencing remaining provisions - Domestic and Family Violence Protection and Other Legislation Amendment Act 2016 – 08 September 2017.

No 185 Domestic and Family Violence Protection (Interstate and Foreign Orders) Amendment Regulation 2017 - Domestic and Family Violence Protection Act 2012 – 08 September 2017 - The Regulation is made under Domestic and Family Violence Protection Act 2012 (Qld). The objective of the Regulation is to support the commencement of the provisions of the Domestic and Family Violence Protection and Other Legislation Amendment Act 2016 which implement the National Domestic Violence Order Scheme in Queensland.

No 189 Youth Justice and Other Legislation (Inclusion of 17-year-old Persons) Amendment (Postponement) Regulation 2017 - Youth Justice and Other Legislation (Inclusion of 17-year-old Persons) Amendment Act 2016 – 15 September 2017 - The period before automatic commencement, under the Acts Interpretation Act 1954, section 15DA(2), of the postponed law is extended to the end of 11 February 2018.

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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