Australia: Queensland Government Bulletin - 27 November 2017

In the media

Domestic Violence Order Scheme comes in to effect providing nationwide protections
People fleeing family violence will have better protections from today under the new National Domestic Violence Order Scheme (NDVOS). Domestic violence orders issued from 25 November 2017, in any Australian state or territory will automatically be recognised and enforceable nationwide (25 November 2017). More...

New innovation and technology hub to tackle the future of law and the legal profession
Two new strategic alliances between UNSW and Allens and the Law Society of NSW will aim to tackle the challenges of technological change and its impact on lawyers, law and the legal system (24 November 2017). More...

Data breach hits Department of Social Services credit card system
The Department of Social Services has written to 8,500 current and former employees warning them their personal data held by a contractor has been breached. In letters sent in early November the department alerted the employees to "a data compromise relating to staff profiles within the department's credit card management system prior to 2016" (24 November 2017). More...

Part-time commissioners appointed for review of the Family Law Act
The Attorney-General has appointed two part-time commissioners to assist the Australian Law Reform Commission's first comprehensive review of the family law system. This review is now underway and is due report to Government in March 2019 (23 November 2017). More...

New community safety test for parole
The new changes include the introduction of a new test that SPA will apply when making parole decisions. The test is called the 'Community Safety Test' and it ensures that community safety is the SPA's paramount consideration when making parole decisions (23 November 2017). More...

Expert panel examining religious freedom supported, marriage equality should now be passed swiftly
The establishment of an expert panel, chaired by the Hon Phillip Rudduck, to examine the human right to religious freedom is a welcome development that will help uncouple this important debate from the straight-forward Senator Dean Smith Bill to legalise same-sex marriage (22 November 2017). More...

PM announces Inquiry into Protection of Religious Freedom in Australian Law
The Prime Minister has announced that the Cabinet have appointed former Liberal minister the Hon Philip Ruddock to head an inquiry which will examine "whether Australian law adequately protects the human right to religious freedom." (22 November 2017). More...

Holding family violence perpetrators to account
The Andrews Labor Government is taking action to reduce family violence with a $1.6 million grants package for intervention programs to hold perpetrators to account (22 November 2017). More...

Former police officer jailed for selling secret information
Former Australian Federal Police officer Ben Hampton, who admitted receiving cash in exchange for secret information, is sentenced to 22 months in prison (22 November 2017). More...

HRLC: Doctors, lawyers, experts unite in call to raise the age of criminal responsibility
Following Universal Children's Day, doctors, lawyers, health and human rights experts from across Australia are calling for the age when children can be held criminally liable to be raised to at least 14 years so that primary school aged children are not entangled in the criminal justice system (21 November 2017). More...

Countering violent extremism to keep Victorians safe
The Andrews Labor Government will strengthen preventative detention laws as part of a suite of measures to counter violent extremism and keep Victorians safe, releasing the second report into Victoria's counter-terrorism laws which made 26 recommendations (20 November 2017). More...

Brandis may incorporate human rights treaty to SSM bill
An international human rights treaty may be incorporated into a bill to legalise same-sex marriage, in an attempt to pacify conservative members of the Government (18 November 2017). More...

How sexting is creating a legal minefield for teens and the courts
Judges are being forced to consider whether to record serious child pornography convictions against young Australians, and there are calls for greater clarity around the prosecution of such cases (18 November 2017). More...

John Cameron, who sparked MP citizenship crisis, accuses parties of 'unspoken agreement'
Both major political parties had an "unspoken agreement" to keep a lid on the ineligibility of each other's MPs to sit in the Parliament, says the lawyer who sparked the ongoing citizenship crisis (17 November 2017). More...

High Court's decision to dismiss Hollie Hughes shows the constitution needs updating Analysis
About one in six workers in Australia would be deemed ineligible to run for Parliament under the current rules, including teachers, police officers, nurses, doctors, public servants (16 November 2017) More...

Funding for local solutions to local crime
Local businesses, councils and community groups with grassroots solutions to crime in their local communities have the chance to apply for up to $250,000 each in grant funding, Attorney General Mark Speakman and Minister for Police Troy Grant has announced (16 November 2017). More...

QLS defends integrity of magistrates court
QLS President Christine Smyth has defended the integrity of the state's magistrates after recent media attacks (15 November 2017). More...

Legislation the next hurdle for marriage equality
Lawyers have underscored the importance of ensuring same-sex marriage legislation does not limit anti-discrimination protections. After the same-sex marriage postal survey returned a 61.6 per cent 'yes' vote yesterday, all eyes turned to Canberra for the next stage of the process (16 November 2017). More...

Marriage Amendment (Definition and Religious Freedoms) Bill 2017 - Proposed Same-Sex Marriage Bill
15 November 2017 marked the release of the results of the Australian Bureau of Statistic's Marriage Equality Postal Survey. The results found that, of the population of Australians that voted in the survey, 61.6% voted yes: the law should be changed to allow same-sex couples to marry. In response to this majority postal vote, Senator Dean Smith released the Marriage Amendment (Definition and Religious Freedoms) Bill 2017 (the Bill) (16 November 2017). More...

Same-sex marriage bill introduced, paving way for debate on religious exemptions
In a historic moment for the Australian Parliament, Liberal senator Dean Smith introduces the bill expected to legalise same-sex marriage (15 November 2017). More...

QLS demands 2017 electoral commitment to ongoing funding and roll out of DV courts
Queensland's peak solicitor body has welcomed the appointment of two new Magistrates to the Southport Domestic Violence Specialist Court but said while it was a step in the right direction, the specialist Domestic Violence Courts needed to be rolled out across the state (14 November 2017). More...

State political parties must create judicial commission to ensure a robust and accountable judiciary for all Queenslanders: says QLS
The state's peak lawyer group is demanding political parties commit to the creation of an independent judicial commission to ensure all Queenslanders can be confident they have an independent, fair and accountable judiciary (13 November 2017). More...

QLS: CCC charges
Queensland Law Society president Christine Smyth said "The Society is aware that three people connected to a law firm have been charged today by the Crime and Corruption Commission. The lawyers have a duty to report to the Law Society the details of the charges against them. If substantiated, the Law Society will take appropriate regulatory action" (11 November 2017). More...

In practice and courts

AAT Publication of Decisions Policy
The Administrative Appeals Tribunal (AAT) has revised its Publication of Decisions Policy. The revised interim policy replaces the previous practices that largely reflected those that were in place in the AAT, Migration Review Tribunal and Refugee Review Tribunal, and Social Security Appeals Tribunal prior to amalgamation. Under the revised policy, the Tribunal will generally publish all written decisions in certain types of cases and a randomly selected proportion of decisions in most of the higher volume areas of our jurisdiction.
Full implementation of the policy will be undertaken in stages from 27 November 2017. A copy of the new policy, which contains the publication targets, is available on the Tribunal's website.

OAIC: Statement from the Australian Information and Privacy Commissioner
I am aware of this incident and my office has commenced inquiries with Uber. It is also a timely reminder to Australian businesses and agencies of the reputational value of good privacy practice, with the commencement of the Notifiable Data Breaches Scheme in February 2018, which will require them to notify any individuals likely to be at risk of serious harm due to a data breach (22 November 2017). More...

OAIC: Retailers mandatory data breach reporting obligations from 2018
From 22 February 2018, retail businesses with an annual turnover of $3 million or more, or that trade in personal information, will be required to comply with the Notifiable Data Breaches (NDB) scheme. It is important to understand your obligations under the NDB scheme before commencement on 22 February 2018 — find out more, and start preparing for the scheme, with our draft NDB resources.

OAIC: GPs, gyms, and childcare centres may have obligations under the Notifiable Data Breaches scheme — will your organisation?
Private sector health service providers will be required to notify affected individuals and the Australian Information Commissioner of data breaches that are likely to cause serious harm under the Notifiable Data Breaches (NDB) scheme (14 November 2017). More...

DIIS consultation: data on digital future
This paper is the start of the conversation with all Australians and we're 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. 47/2017, 20 November 2017
Issue No. 46/2017, 13 November 2017

High Court of Australia (17 November 2017)
NOTICE - Reference by the Senate to the Court of Disputed Returns: Mr Stephen Parry
NOTICE - Reference by the Senate to the Court of Disputed Returns: Ms Jacqui Lambie

Senator Paterson - Marriage Amendment (Definition and Protection of Freedoms) Bill 2017 – draft
This is a draft Bill for an Act to amend the law relating to the definition of marriage and to protect freedom of thought, conscience, religion, expression and association, and for related purposes (13 November 2017). More...

Law Council of Australia Submissions
20 November 2017— Law Council: Australia's Draft Report to the Committee on the Convention on the Rights of the Child

Forces of Change – Defining Future Justice Conference 2018
The Australasian Institute of Judicial Administration is pleased to announce the Forces of Change – Defining Future Justice Conference will be held at the Stamford Plaza Brisbane, Queensland from 24 – 26 May 2018. More...

Queensland

Queensland Courts: Treatment of witnesses, parties and lawyers
The justice system depends on witnesses and parties being able to attend court and give evidence without undue influence or pressure. This includes protection from vilification, in any form of communication, which may prejudice a pending proceeding, as well as protection from physical obstruction (13 November 2017). More...

Amended Magistrates Court Practice Direction
The Chief Magistrate has issued Practice Direction 1 of 2017 (Amended) Mental Health Act 2016 proceedings in the Magistrates Courts which is available on the courts website (amended 13 November 2017). The amendment is to paragraph 2 and arises from the decision in the matter of Kenneth Charles Rankin; Sunil Kumar; Benjamin James Sciortino [2017] QMHC 008.

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 2018. 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. 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. Key dates; open until 13 December 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...

CCC Prosecutions
Gold Coast woman charged with perjury -17 November 2017
Nambour man charged with child exploitation offences - 14 November 2017
Three men charged following legal profession investigation - 11 November 2017

Published – articles, papers, reports

Corporate planning, performance statements and risk management under the PGPA Act
ANAO: 21 November 2017
The Commonwealth Parliament regulates Australian Government entities through the Public Governance, Performance and Accountability Act — the PGPA Act. The Act establishes a system of governance, performance and accountability for resources managed by entities. This edition of audit insights looks at recent ANAO audit activity reviewing entities implementation of key components of the PGPA: risk management, corporate planning and performance statements. More...

Corruption risks associated with the corrections sector
Independent Broad-based Anti-Corruption Commission (IBAC): 22 November 2017
This report analyses the major corruption issues associated with the corrections sector, drawing on research and case studies in Victoria, and from across Australia and internationally. More...

Expert panel on terrorism and violent extremism prevention and response powers – report 2
Ken Lay, David Harper; Government of Victoria: 20 November 2017
The second report made 26 recommendations relating to countering violent extremism, disengagement programs, the legislative definition of a 'terrorist act', support and engagement orders, preventative detention orders for minors, and post-sentence supervision of high risk terrorist offenders. More...

The process of federal redistributions: a quick guide
Damon Muller; Parliamentary Library (Australia): 14 November 2017
This guide focuses on federal electoral boundary redistributions and the process involved. More...

A framework for monitoring the performance of the Independent Broad-based Anti-corruption Commission
Independent Broad-based Anti-corruption Commission (IBAC) Committee (Vic): 14 November 2017
This report outlines a framework for more systematic monitoring of IBAC, based on best practice principles to enhance its current oversight work. More...

Cases

A B Hill Constructions Pty Ltd v Queensland Building and Construction Commission [2017] QCAT 391
ADMINISTRATIVE LAW – ADMINISTRATIVE TRIBUNALS – QUEENSLAND CIVIL AND ADMINISTRATIVE TRIBUNAL – whether desirable to make a stay order in respect of a decision to suspend a builder's licence – where applicant failed to meet Minimum Financial Requirements Policy conditions – where stay granted subject to applicant's undertaking to report financial data to the Queensland Building and Construction Commission weekly.

'NB' and Australian Sports Anti-Doping Authority (Freedom of information) [2017] AICmr 114
Freedom of Information — Whether disclosure would have a substantial adverse effect on the proper and efficient conduct of the operations of an agency — Whether contrary to the public interest to release conditionally exempt documents — (CTH) Freedom of Information Act 1982, ss 11A(5) and 47E(d).

Paul Farrell and Australian Federal Police (Freedom of information) [2017] AICmr 113
Freedom of Information — Information as to the existence of certain documents — Documents affecting enforcement of law — (Cth) Freedom of Information Act 1982 ss 25 and 37.

Maurice Blackburn Lawyers and Australian Securities and Investments Commission (Freedom of information) [2017] AICmr 111
Freedom of Information — Whether material obtained in confidence — (CTH) Freedom of Information Act 1982 s 45.

Paul Kaszyckyj and Australian Taxation Office (No. 2) (Freedom of information) [2017] AICmr 110
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 and 47F.

Caratti v Commissioner of the Australian Federal Police [2017] FCAFC 177
ADMINISTRATIVE LAW – appeal from orders substantively dismissing application for judicial review pursuant to the Administrative Decisions (Judicial Review) Act 1997 (Cth) and s 39B of the Judiciary Act 1903 (Cth) in relation to the decision to issue search warrants under s 3E of the Crimes Act 1914 (Cth). CRIMINAL LAW – practice and procedure – search warrants.

LFDB v SM [2017] FCAFC 178
PRIVATE INTERNATIONAL LAW – appeal from the dismissal by the primary judge of an application under s 72(1) of the Trans-Tasman Proceedings Act 2010 (Cth) to set aside the registration of a judgment of the High Court of New Zealand in relation to proceedings under the Property (Relationships) Act 1976 (NZ) – whether enforcement of judgment would be contrary to public policy in Australia - Constitution, s 51(xxxvii).

Amos v Wiltshire [2017] QCA 279
PROCEDURE – CIVIL PROCEEDINGS IN STATE AND TERRITORY COURTS – TRIAL – DISMISSAL OF PROCEEDINGS – GENERALLY – where the respondent brought a claim against the applicant in 2009 – where the respondent was successful at first instance but the Court of Appeal ordered a retrial – where the respondent applied for special leave to the High Court of Australia and instituted other proceedings relevant to the appeal judgment – where the respondent has not taken steps to proceed to a retrial as ordered by the Court of Appeal – where seven years have passed since the Court of Appeal ordered a retrial – where the primary judge dismissed the proceedings for want of prosecution because of the respondent's failure to take steps and the risk of unfairness to the applicant – whether the respondent has taken a step in the proceedings – whether there is a substantial risk of unfairness to the applicant – whether the primary judge erred in dismissing the proceedings.

Burragubba v Minister for Natural Resources and Mines & Anor (No 2) [2017] QSC 265
ADMINISTRATIVE LAW – JUDICIAL REVIEW – PROCEDURE AND EVIDENCE – COSTS – where the applicants were unsuccessful in their application – whether costs should follow the event or an alternative order should be made.

Geordie Lawrie trading as G & D Lawrie Builders v Queensland Building and Construction Commission [2017] QCAT 379
ADMINISTRATIVE LAW – ADMINISTRATIVE TRIBUNALS – QUEENSLAND CIVIL AND ADMINISTRATIVE TRIBUNAL – whether desirable to order a person to be joined as a party to review proceeding – where applicant sought review of Direction to Rectify defects issued by Queensland Building and Construction Commission – where applicant sought to join third party alleged to be responsible for defective work – where remedial work already carried out.

Legislation

Commonwealth

Judiciary Amendment (Commonwealth Model Litigant Obligations) Bill 2017
15/11/2017 - This Bill requires the Attorney-General to oblige Commonwealth litigants to act as model litigants, in line with current practice. It establishes a process by which the Commonwealth Ombudsman can investigate complaints regarding contraventions of these obligations, and requires the Ombudsman to include details of these complaints in annual reports. It empowers a court to order a stay of proceedings and, if it is satisfied of a contravention, to make any order it considers appropriate.

Marriage Amendment (Definition and Religious Freedoms) Bill 2017
16/11/2017 – This Bill amends the Marriage Act 1961 (Cth) to remove the restrictions that limit marriage in Australia to the union of a man and a woman. The Bill will allow two people the freedom to marry in Australia, regardless of their sex or gender. The Bill also recognises foreign same-sex marriages in Australia. The requirements for a legally valid marriage otherwise remain the same under the Marriage Act.

Public Governance, Performance and Accountability Amendment (Executive Remuneration) Bill 2017
16/11/2017 – This Bill seeks to establish caps on the remuneration paid to senior executives in the Commonwealth public service as well as annual reporting requirements regarding this remuneration. Clause 2: This clause provides for the Act to commence on 1 July 2018.

Acts

Freedom of Information Act 1982
Act No. 3 of 1982 as amended – 13/11/2017.

Regulations

Parliamentary Business Resources Regulations 2017
21/11/2017 - This instrument prescribes the public and other resources that may be made available to members of parliament for the conduct of their parliamentary business under the Parliamentary Business Resources Act 2017.

Queensland

Subordinate legislation as made

No 227: Domestic and Family Violence Protection (Interstate and Foreign Orders) Amendment Regulation (No. 2) 2017 – 17 November 2017.

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