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.