Australia: Queensland Government Bulletin - 15 November 2017

Last Updated: 17 November 2017
Article by Paul Venus, Stephen Burton, Suzy Cairney and Trent Taylor

Most Read Contributor in Australia, August 2018

In the media

OAIC opens door on privacy principles
The OAIC has announced that the Australian Government Agencies Privacy Code has been registered on the Codes Register and will come into force on 1 July 2018. The OAIC said the code sets out the specific requirements and key practical steps that Agencies will be expected to take as part of complying with Australian Privacy Principle 1.2 (APP 1.2) (10 November 2017). See the Australian Government Agencies Privacy Code here. More...

Privatisation fails in public says union
The Community and Public Sector Union (CPSU) has released the report of the People's Inquiry into Privatisation which canvassed CPSU members' experience and opinions on the outsourcing of Public Service responsibilities and activities. Its conclusion was that privatisation has broadly failed the Australian community and made 12 recommendations (10 November 2017). The report Taking Back Control can be accessed here. More...

Accused Yandina bikie brothers not guilty over 2013 pub meet
Two men charged under Queensland's anti-bikie laws are cleared of illegally gathering in a public space for having a drink together at a Sunshine Coast pub in 2013 (10 November 2017). More...

Farm handgun licence refusals place pressure on Queensland Police
The head of Queensland's Weapons Licensing branch says the onus is on farmers to demonstrate a genuine or special need for a handgun after refusing to renew permits (10 November 2017). More...

QLS calls on political parties to appoint more solicitors to judicial roles
Queensland's peak lawyer group has called on the state's political parties to commit to appointing more solicitors to judicial roles (09 November 2017). More...

New building and safety laws are now in effect
Changes to the Queensland Building and Construction Commission Act 1981 commenced on 1 November 2017. The changes aim to improve safety and will apply to everyone in the building product supply chain (08 November 2017). More...

eSafety office fronts Facebook pilot
The Office of the eSafety Commissioner has joined Facebook in an international pilot program to prevent intimate images of people being posted online without their consent (07 November 2017). More...

More guidance released on the notifiable data breaches regime
The OAIC has released further draft guidance on the Notifiable Data Breaches (NDB) regime that comes into effect in just over three months' time. The NDB scheme, which commences on 22 February 2018, will require private sector businesses and government agencies covered by the Australian Privacy Act 1988 to notify affected individuals as well as the head of the OAIC, the Australian Information Commissioner, of 'eligible data breaches' (07 November 2017). More...

Retailers — check out mandatory data breach reporting obligations and prepare for 2018
Australians increasingly provide personal information to retailers to purchase products online, or to gain rewards — almost three quarters of Australians are signed up to a store loyalty program (06 November 2017). More...

Parliament prepares for pay payback
The Special Minister of State, Senator Scott Ryan has issued a statement setting out the rules relating to possible debts to the Commonwealth owed by Members of Parliament found ineligible to sit by the High Court of Australia (07 November 2017). More...

Devout terrorist jailed for plot to attack AFP Sydney HQ, maximum-security jail
The leader of a terror plot targeting government sites in NSW, including a Sydney police building, is sentenced to a maximum jail term of more than 22 years (04 November 2017). More...

Stop, Search and Seizure Powers, Control Orders and Preventative Detention Orders
The Law Council provided a submission, on 3 November 2017, to the Parliamentary Joint Committee of Intelligence and Security on Intelligence and Security (PJCIS) on the Independent National Security Legislation Monitor's (INSLM's) recent reports on stop, search and seizure powers (03 November 2017). More...

New leaders announced for key law enforcement agencies
Michael Phelan APM will be the next Chief Executive Officer of the Australian Criminal Intelligence Commission (ACIC) and the Director of the Australian Institute of Criminology (AIC). Nicole Rose PSM will be the next CEO of the Australian Transaction Reports and Analysis Centre (AUSTRAC) (03 November 2017). More...

No doubt there's corruption at all levels: Former judges call for federal ICAC
A group of prominent former judges call for the establishment of a federal anti-corruption agency, saying serious corruption almost certainly exists in federal politics (02 November 2017). More...

Referendum rejection profoundly disappointing, constitutional reform must advance
The Law Council of Australia has expressed profound disappointment at the Federal Government's decision to reject the Referendum Council's recommendation for a referendum into the creation of a representative body to give Aboriginal and Torres Strait Islander First Nations a Voice to the Australian Parliament (01 November 2017). More...

Listing of two terrorist organisations under the Criminal Code
The Government proscribed Islamic State Khorasan Province under the Criminal Code, taking the number of listed terrorist organisations to 25 (02 November 2017). More...

Community safety requires funding boost to courts and legal aid
Victoria Legal Aid's 2016–17 annual report has been tabled in Parliament by Victoria's Attorney-General the Honourable Martin Pakula MP. Acting Managing Director, Cameron Hume says government community safety initiatives will be enhanced if more time and space is provided for courts and legal aid to do their job properly (01 November 2017). More...

Tough New Laws to Protect Police and Emergency Workers
Offenders who use motor vehicles to put police and emergency services workers at risk of harm will now face up to 20 years behind bars under tough new laws introduced by the Andrews Labor Government (01 October 2017). More...

In practice and courts

High Court of Australia
High Court of Australia Bulletin [2017] HCAB 08 (1 November 2017). More...

ANAO Audit insights: Communicating effectively with stakeholders
In this edition of audit insights we discuss our external communication and engagement activities including website email subscriptions, our draft annual audit work program, contribute to an audit, our transparency and accountability initiatives, and social media (25 October 2017). More...

Law Council Submissions
03 November 2017— Law Council. More...

DIIS consultation: data on digital future
This paper is the start of the conversation with all Australians and the Department of Industry, Innovation and Science (DIIS) are asking for your ideas to help develop the strategy. Your responses will help the government to identify the key issues, challenges and opportunities. The paper considers the broader digital economy, including enabling and supporting the digital economy (through digital infrastructure, standards and regulation, and trust, confidence, and security). Consultation closes on 30 November 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. 45/2017, 6 November 2017
Issue No. 44/2017, 30 October 2017

OAIC: Notifiable Data Breaches webinar this November
Attend a webinar hosted by the OAIC on 21 November, which will focus on the key requirements of the upcoming Notifiable Data Breaches (NDB) scheme (25 October 2017). 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: Court of Appeal two-monthly sitting system
The Court of Appeal has proposed to adopt a system of two-monthly sittings. Call-overs for the first of these sittings will be held in November, with the first of the two-monthly sittings in February and March (08 November 2017). More...

QLS calls for action in 2017 State Election
Following the announcement of the 2017 Queensland State Election for Saturday 25 November, Queensland Law Society has released our Call to Parties. This document highlights the 10 priority legal and social justice issues for both parties to consider as matters of priority for Queensland's nearly 13,000 solicitors (30 October 2017). More...

Sentencing Council: Intermediate sentencing options under review
The Queensland Sentencing Advisory Council will be reviewing community based sentencing orders and parole options. The Terms of Reference have been issued in response to recommendations in the Queensland Parole Systi Review Final Report. The Council is due to report its findings to the Attorney-General on 30 April 2019 (26 October 2017). More...

Sentencing Council: Sentencing for child homicide
The Council will be reviewing sentencing for child homicide as outlined in a Terms of Reference from the Attorney-General and Minister for Justice Yvette D'Ath. The 12-month review will focus on sentencing for offences involving the unlawful death of a child. (26 October 2017). Key dates: until 13 Deciber 2017: More...

CCC: Corrupt conduct in assessing complaints about parole matters
CCC finds no suspicion of corrupt conduct in assessing a number of complaints about the decision-making process of the Parole Board Queensland regarding the parole of Benjamin Oakley and allegations of political interference (01 Noviber 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 Deciber 2017. More...

OIC Qld: FREE Privacy Impact Assessment training
OIC is offering Privacy Impact Assessment (PIA) training on Tuesday, 28 Noviber 2017. More...

OIC Qld: FREE Privacy Complaint Managient training
OIC is offering Privacy Complaint Managient training on Tuesday 28 Noviber 2017. More...

Published – articles, papers, reports

Election funding and disclosure in Australian states and territories: a quick guide
Damon Muller; Parliamentary Research Paper Series 2017 - 18 Noviber 2017
This Quick Guide summarises the often complex funding and disclosure laws in each Australian state and territory for the purpose of comparison. More...

Annual Report 2016-17
OIC Queensland: 8 Noviber 2017
The Queensland Annual Report provides an overview of performance towards achieving an informed Queensland that values and respects information rights and responsibilities. More...

Cases

'MZ' and Department of Communications and the Arts (Freedom of information) [2017] AICmr 109
Freedom of Information — Whether work involved in processing the request would substantially and unreasonably divert the resources of the agency from its other operations — (CTH) Freedom of Information Act 1982 ss 24, 24AA, 24AB.

'MY' and Australian Building and Construction Commission (Freedom of information) [2017] AICmr 108
Freedom of Information — Whether information is personal information about the applicant — Whether personal information is incomplete, incorrect, out of date or misleading — Whether personal information should be amended — (Cth) Freedom of Information Act 1982 ss 48 and 50.

Pasquale Barbaro and Australian Criminal Intelligence Commission (Freedom of information) [2017] AICmr 107
Freedom of Information — Whether reasonable steps taken to locate documents — (CTH) Freedom of Information Act 1982 s 24A.

'MX' and Department of Human Services (Freedom of information) [2017] AICmr 106
Freedom of Information —Whether disclosure of personal information unreasonable — Whether contrary to the public interest to release conditionally exipt documents — (CTH) Freedom of Information Act 1982 ss 11A(5) and 47F.

Ozzimo v Queensland Building and Construction Commission [2017] QCAT 364
ADMINISTRATIVE LAW – ADMINISTRATIVE TRIBUNALS – QUEENSLAND CIVIL AND ADMINISTRATIVE TRIBUNAL – whether desirable to make a stay order in respect of a decision to cancel a builder's licence.

Nadimi v Queensland Building and Construction Commission [2017] QCAT 363
ADMINISTRATIVE LAW – ADMINISTRATIVE TRIBUNALS – QUEENSLAND CIVIL AND ADMINISTRATIVE TRIBUNAL – whether desirable to make a stay order in respect of a decision to cancel a builder's licence – where application for licence contained inaccurate information regarding applicant's experience – where Victorian licence granted under mutual recognition provisions cancelled consequent upon cancellation of the Queensland licence – where applicant did not reside or carry on business in Queensland.

Legislation

Commonwealth

Acts

Regulatory Powers (Standardisation Reform) Act No 124 of 2017
08/11/2017 – amends to Privacy Act 1988.

Regulations

High Court Amendment (Fees) Rules 2017
10/11/2017 - These rules amend Schedule 2 of the High Court Rules governing the schedule of fees for work done or services performed.

Charter of the United Nations (Sanctions—Diocratic People's Republic of Korea) Amendment (2017 Measures No. 2) Regulations 2017
03/01/2017 - This instrument amends the Charter of the United Nations (Sanctions - Diocratic People's Republic of Korea) Regulations 2008 to implient UN Security Council Resolutions 2371 and 2375.

Queensland

Acts

No 44: Child Protection Reform Amendment Act 2017 – 10 Noviber 2017.

This publication does not deal with every important topic or change in law and is not intended to be relied upon as a substitute for legal or other advice that may be relevant to the reader's specific circumstances. If you have found this publication of interest and would like to know more or wish to obtain legal advice relevant to your circumstances please contact one of the named individuals listed.

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