Australia: Queensland government bulletin - various areas of law - 12 December 2017

Last Updated: 19 December 2017
Article by Paul Venus, Stephen Burton, Suzy Cairney and Trent Taylor

Most Read Contributor in Australia, September 2018

In the media

Resources for family law courts urgently needed
The Law Society of NSW welcomes the Federal Government's focus on the Family Law Courts' ability to provide accessible and affordable services to resolve family disputes. President of The Law Society of NSW Pauline Wright said the Government's current initiatives would not, however, ease the significant delays currently experienced in the Family Law Courts in NSW or assist the current judges to reduce the backlog of cases (08 December 2017) More...

Getting It Done: Implementing Key Youth Justice Reforms
The Andrews Labor Government is investing $23.9 million in the Children's Court to implement key youth justice reforms to crack down on youth crime and keep the community safe. The funding will allow the Children's Court to hire additional staff including new magistrates, registry officers and court employed convenors to support the state-wide delivery of the reforms (08 December 2017). More...

IBAC investigation exposes $2 million TAFE training scam and issues at V/Line
Victoria's anti-corruption Commission, IBAC, has unravelled a multimillion dollar training scam that exploited oversight weaknesses at two Victorian TAFEs: South West Institute of TAFE and Bendigo Kangan Institute of TAFE (08 December 2017) More...

National Compensation Scheme for victims of modern slavery a watershed recommendation
The Law Council of Australia has unreservedly endorsed the Parliamentary Committee recommendation to establish a National Compensation Scheme for victims of modern slavery. The recommendation is contained in the Joint Standing Committee on Foreign Affairs, Defence and Trade report on reforming Australia's response to modern slavery titled Hidden in Plain Sight: An inquiry into establishing a Modern Slavery Act in Australia (08 December 2017). More...

Wrongs fixed for some copyright users
Referred to as 'safe harbour' provisions, the new rules will ensure the sectors, including cultural institutions, will be protected from legal liability as long as they take reasonable steps to deal with copyright infringement by users of their online platforms (08 December 2017). More...

Key Legislation to Safeguard Australia's Critical Infrastructure
Today I introduced into the Senate legislation to safeguard Australia's critical infrastructure and enhance the capability of the Critical Infrastructure Centre (08 December 2017). More...

Compensation conundrum for abuse victims who go on to offend
Under the Federal Government's national redress scheme, victims of child sexual abuse who go onto commit sexual offences will not be eligible for compensation (07 December 2017). More...

Domestic violence rates fall for the first time in nine years
For the first time in nine years, recorded incidents of domestic violence related assault have fallen in NSW. The NSW Government has introduced a raft of measures including Australia's first dedicated police teams to target high-risk offenders, Plain English Apprehended Violence Orders and body-worn cameras so police can record victim statements that can be used as evidence in court (07 December 2017). More...

Double punishment does not reduce crime
President of The Law Society of NSW Pauline Wright said while the Society supports these efforts on a national basis, there were serious concerns about the recent extension of continuing detention orders in NSW, which are now proposed to be recognised nationally (06 December 2017). More...

Assessment of complaints regarding Gold Coast Police District matters
The CCC has now referred 19 matters involving corrupt conduct and 14 matters involving police misconduct to the QPS for further investigation and appropriate action. In total, 15 officers were involved in these matters. Due to the level of public interest in this matter, the CCC has determined to provide an update on the complaints and the assessment outcomes (05 December 2017). More...

Government set to silence charities from participating in election debates
Charities in Australia will be silenced from speaking publicly on issues in an election, under law reforms announced by the Australian Government (05 December 2017). More...

Assistance to victims of the terrorist attack in London on 15 September 2017
The Turnbull Government has declared the attack in London on 15 September 2017 at Parsons Green Station, as a 'terrorist act' for the purposes of the Australian Victim of Terrorism Overseas Payment (AVTOP) scheme (01 December 2017). More...

Improving the native title system for all Australians
The Turnbull Government is today releasing an options paper considering how the native title system could be improved to better support all stakeholders involved with native title. The options paper considers reforms to the Native Title Act 1993 (Cth) to make the native title system operate more effectively for all Australians (29 November 2017). More...

UN grills Australia over low age of criminal responsibility
The UN expert committee on racial discrimination has demanded to know why Australia is out of step with the rest of the world in criminalising primary school aged children. All Australian states and territories currently have laws that allow children as young as ten years to be charged, brought before the courts, sentenced and imprisoned (28 November 2017). More...

New Court of Appeal Judge appointed
The Andrews Labor Government today announced the appointment of Richard Niall QC as a Judge of the Court of Appeal. Mr Niall has been the Solicitor-General for Victoria since 2015 (28 November 2017). More...

In practice and courts

High Court of Australia
High Court of Australia Bulletin [2017] HCAB 09 (27 November 2017). More...

OAIC: What the Notifiable Data Breaches scheme means for schools
The Notifiable Data Breaches (NDB) scheme comes into effect on 22 February 2018, and private schools and private tertiary educational institutions across Australia will be required to comply (06 December 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. 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. 49/2017, 4 December 2017 http://www.aat.gov.au/AAT/media/AAT/Files/AAT%20Bulletins/49-17.pdf
Issue No. 48/2017, 27 November 2017 http://www.aat.gov.au/AAT/media/AAT/Files/AAT%20Bulletins/48-17.pdf

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

CCC Corruption Prevention Strategy
This Prevention Strategy is intended to serve as a guide for the CCC, partner law enforcement agencies, the public sector and the general public, in tackling corruption in Queensland. Released December 2017. More...

CCC Australia's first criminal prosecution for research fraud: a case study from The University of Queensland
This report highlights the drivers, consequences and impact of research misconduct and relevant prevention measures. More...

CCC Corruption risks involving publicly funded research: What you should know
This CCC publication focuses on the potential corruption risks and system vulnerabilities in the Queensland government research sector. More...

Magistrates Court Practice Direction No. 8 of 2017 – Court Link
Practice Direction No. 8 of 2017 was issued by the Chief Magistrate on 29 November 2017 to assist with the case management of criminal matters commenced in the Queensland Magistrates Courts where a Court Link program is available. Court Link is a 12-week bail-based program for defendants. It replaces Queensland Integrated Court Referrals (QICR).

QLS: Is it Ethical (or legal) for law firms to pay cyber-ransom?
Our guidance on the subject concludes that, subject to some limited exceptions and at this point in time, it is not inconsistent with a solicitor's paramount duty to pay cyber ransom if necessary (08 December 2017). More...

Changes to Sexual Assault Counselling privilege
The Victims of Crime Assistance and Other Legislation Amendment Act 2017 (VOCAOLA) amends a number of pieces of legislation including the Evidence Act 1977 to introduce protections for certain counselling communications (06 December 2017). More...

Queensland Courts: draft Guidelines for expert evidence in the Land Court
The draft Guidelines for expert evidence in the Land Court are available for consultation. The Guidelines outline both current and proposed procedures for expert evidence in the Land Court of Queensland. The Court invites constructive feedback on any aspect of its expert evidence procedures whether current or proposed by Monday, 5 February 2018 (29 November 2017).

Update to UCPR Form 104 – Affidavit of publication and service

Version 3 of Uniform Civil Procedure Rules 1999 Form 104 - Affidavit of publication and service has been approved for use from 24 November 2017 and is available on the Forms page of the Queensland Courts website.

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...

Sentencing Council: Breach of bail offences on the rise
The number of offenders sentenced for breach of bail has more than doubled since 2005, increasing year-on-year from 2008. A/Council Chair Professor Elena Marchetti said: "While under Queensland law, a general presumption exists in favour of granting bail for a defendant awaiting their court hearing, there are exceptions."(29 November 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. Key dates; open until 13 December 2017. More...

Call for preliminary submissions: Sentencing for child homicide
Closing date: 24 December 2017. The sentencing Council are calling for preliminary submissions on our review of sentencing for child homicide. These preliminary submissions will be used to inform our consultation paper, which will be published in 2018. You will be able to make further submissions on the review following the release of the consultation paper. 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
Hervey Bay Mayor charged with misconduct - 30 November 2017
Moranbah man charged with fraud – 28 November 2017

Published – articles, papers, reports

Operation Lansdowne special report December 2017
IBAC: 08 December 2017
This special report details the findings and recommendations of a major IBAC investigation, Operation Lansdowne, into allegations of serious corrupt conduct relating to South West Institute of TAFE and Bendigo Kangan Institute of TAFE, and third-party agreements.

Submission to the review of the Public Governance, Performance and Accountability Act 2013
ANAO: 30 November 2017
The Australian National Audit Office provided a submission on 10 November 2017 to the statutory review of the Public Governance, Performance and Accountability Act 2013 (PGPA Act) and Public Governance, Performance and Accountability Rule 2014 (PGPA Rule).

Digital rights in Australia
Gerard Goggin, Ariadne Vromen, Kimberlee Weatherall, Fiona Martin, Adele Webb, Lucy Sunman, Francesco Bailo; University of Sydney: 27 November 2017
At a time when our use of digital technologies is increasingly redefining aspects of our personal and professional lives, this report explores urgent questions about the nature of our rights now and into the future.

Overweight and obesity in Australia: a birth cohort analysis
Australian Institute of Health and Welfare: 24 November 2017
Overweight and obesity is a major public health issue, second only to tobacco smoking as a risk factor contributing to the burden of disease in Australia.

Chronology of same-sex marriage bills introduced into the federal parliament: a quick guide
Deirdre McKeown; Parliamentary Library (Australia): 24 November 2017
This Quick Guide provides a chronological list of bills relating to marriage equality introduced into the federal parliament, including bills restored to the Notice Paper or reintroduced in a later parliament.

'Report of the First Study Commission of Judges 2017: threats to the independence of the judiciary and the quality of justice: workload, resources, budgets and other threats'
Justice R G Atkinson AO, Presentation to the International Association of Judges International Conference, Santiago, November 2017.

Cases

Re Nash [No 2] [2017] HCA 52
Constitutional law (Cth) – Parliamentary elections – Reference to Court of Disputed Returns – Where Court held there was a vacancy in representation of New South Wales in Senate – Where Court made directions for special count of ballot papers to fill vacancy – Where orders sought following special count that Ms Hollie Hughes be declared elected as senator to fill vacancy – Where Ms Hughes nominated for election to Senate at 2016 general election – Where Ms Hughes not declared elected following polling for 2016 general election – Where Ms Hughes appointed to Administrative Appeals Tribunal one year after 2016 general election – Where Ms Hughes resigned from that position upon Court holding there was a vacancy in representation of New South Wales in Senate – Where that position was "office of profit under the Crown" within meaning of s.44(iv) of Constitution – Whether holding position for that period rendered Ms Hughes "incapable of being chosen" as a senator under s.44(iv) of Constitution.
Constitutional law (Cth) – Parliamentary elections – Reference to Court of Disputed Returns – Jurisdiction of Court to determine whether a person sought to be declared elected to fill a vacancy is disqualified under s.44 of Constitution.

Freelancer International Pty Ltd and Australian Information Commissioner [2017] AATA 2426

PRIVACY - whether there was a breach of the National Privacy Principles – breach of National Privacy Principle 2.1 in August 2012 – no other breaches occurred – determination set aside. Privacy Amendment (Enhancing Privacy Protection) Act 2012 (Cth); Privacy and Personal Information Protection Act 1998 (NSW) ss 4, 8, 9, 18.

Adrian Wright and Department of Human Services (Freedom of information) [2017] AICmr 127
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.

Paul Farrell and Australian Federal Police (No. 2) (Freedom of information) [2017] AICmr 126
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.

Construction, Forestry, Mining and Energy Union and Australian Building and Construction Commission (Freedom of information) [2017] AICmr 125
Freedom of Information — Whether documents subject to legal professional privilege — Whether documents contain deliberative matter prepared for a deliberative purpose — Whether disclosure of personal information unreasonable — Whether disclosure would prejudice the future supply of information to the Commonwealth —Whether material in documents irrelevant to the request — Whether contrary to the public interest to release conditionally exempt documents — (CTH) Freedom of Information Act 1982 ss 11A(5), 22, 42, 47C, 47F and 47G(1)(b).

Tasmanian Special Timbers Alliance Inc and Department of the Environment and Energy (Freedom of information) [2017] AICmr 124
Freedom of Information — Charges — Request for waiver of charge — Whether giving access to documents is in the general public interest or in the interest of a substantial section of the public — (CTH) Freedom of Information Act 1982 s 29.

Daniel v Townsville City Council [2017] QCAT 423
ADMINISTRATIVE LAW – ADMINISTRATIVE TRIBUNALS – QUEENSLAND CIVIL AND ADMINISTRATIVE TRIBUNAL – where applicants filed application for minor civil dispute – minor debt – where dispute does not fall within definition of "minor civil dispute" in Schedule 3 of the Queensland Civil and Administrative Tribunal Act 2009 (Qld) – whether tribunal has jurisdiction.

The Gresham Bar v Commissioner for Liquor and Gaming Regulation [2017] QCAT 419
GAMING AND LIQUOR – ADMINISTRATION – LIQUOR LICENSING – where ID scanning would cause inconvenience to the licensee and to patrons – where patrons going for a smoke or to the lavatory would need to be rescanned – where the licensee has concerns about positioning the scanner in the light of fire regulations – where ID scanning could increase crowding outside the premises – whether the need to maintain the integrity of the scanning regime outweighs these inconveniences and concerns.
GAMING AND LIQUOR – ADMINISTRATION – LIQUOR LICENSING – where, in the case of licensed premises providing adult entertainment, patrons may be sensitive to personal data collection – whether premises should be exempt for this reason. GAMING AND LIQUOR – ADMINISTRATION – LIQUOR LICENSING – where the Commissioner's guidelines are likely to need revision – whether the tribunal can reach the correct and preferable decision without reference to them.

Inbalance Motorbike Training Pty Ltd v Chief Executive, Department of Transport and Main Roads [2017] QCAT 418
ADMINISTRATIVE LAW – ADMINISTRATIVE TRIBUNALS – QUEENSLAND CIVIL AND ADMINISTRATIVE TRIBUNAL – review of decision by respondent to cancel the approval of the applicant as a Registered Service Provider under the Transport Operations (Road Use Management) Act 1995 (Qld).
PROFESSIONS AND TRADES – LICENSING OR REGULATION OF OTHER PROFESSIONS, TRADES OR CALLINGS – OTHER PROFESSIONS, TRADES OR CALLINGS – cancellation of approval as registered service provider for Q-Ride training.

D & V Hambling Pty Ltd as Trustee for D & V Hambling Custodian Deed v Commissioner of State Revenue [2017] QCAT 415
ADMINISTRATIVE LAW – ADMINISTRATIVE TRIBUNALS – QUEENSLAND CIVIL AND ADMINISTRATIVE TRIBUNAL – review of decision by the Commissioner of State Revenue under the Building Boost Grant Act 2011 (Qld) – whether building work under the contract started before 1 May 2013 – where contract subject to deed of variation – where building work performed prior to deed of variation – where building work performed prior to building approval.

Bristol Wattle Properties Pty Ltd and Australian Federal Police (Freedom of information) [2017] AICmr 122
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.

The Australian and Prime Minister of Australia (Freedom of information) [2017] AICmr 121
Freedom of Information — Whether disclosure of personal information unreasonable — Whether disclosure would unreasonably affect an organisation in respect of its lawful business affairs — (CTH) Freedom of Information Act 1982 ss 47F, 47G.
Decision: Under s.55K of the Freedom of Information Act 1982 (the FOI Act), I set aside the decision of the Prime Minister of Australia (the Prime Minister) of 14 October 2016. I substitute my decision that the documents are not exempt.

'NE' and Department of Human Services (Freedom of information) [2017] AICmr 120
Freedom of Information — Whether reasonable steps taken to locate documents — (CTH) Freedom of Information Act 1982 s.24A.

'ND' and Department of Human Services (Freedom of information) [2017] AICmr 119
Freedom of Information — Charges — Whether charge should be imposed — (CTH) Freedom of Information Act 1982 s.29.

'NC' and Australian Building and Construction Commission (Freedom of information) [2017] AICmr 118
Freedom of Information — Whether work involved in processing the request would substantially and unreasonably divert the resources of the agency from its other operations — Whether reasonable steps taken to locate documents — (CTH) Freedom of Information Act 1982 ss 24, 24AA, 24AB and 24A – set Aside the decision.

Dan Conifer and Department of the Prime Minister and Cabinet (Freedom of information) [2017] AICmr 117
Freedom of Information — Incoming government brief prepared for party that formed government — Whether document contains deliberative matter prepared for a deliberative process — Whether contrary to the public interest to release conditionally exempt document. (CTH) Freedom of Information Act 1982 ss 11A(5) and 47C – set aside the decision.

Paul Farrell and Department of Immigration and Border Protection (Freedom of information) [2017] AICmr 116
Freedom of Information — Whether work involved in processing the request would substantially and unreasonably divert the resources of the Department from its other operations – (CTH) Freedom of Information Act 1982 ss 24, 24AA, 24AB.
Under s 55K of the Freedom of Information Act 1982 (the FOI Act), I set aside the decision of the Department of Immigration and Border Protection (the Department) of 18 April 2017. I substitute my decision that a practical refusal reason does not exist.

Ben Fairless and Minister for Immigration and Border Protection (Freedom of information) [2017] AICmr 115
Freedom of Information — Whether reasonable steps taken to locate documents — (Cth) Freedom of Information Act 1982 ss 24A, 55D.
Under s.55K of the Freedom of Information Act 1982 (the FOI Act), I set aside the decision of the Minister for Immigration and Border Protection (the Minister) of 2 November 2016. The Minister has not established that a decision refusing the applicant's request on the grounds that documents cannot be found or do not exist is justified.

Ng v Attorney-General [2017] FCA 1392
ADMINISTRATIVE LAW – application for judicial review of decision by delegate of Attorney-General to refuse to make order under s.19APA(1)(d) of Crimes Act 1914 (Cth) to amend terms of release on licence from prison – transfer of prisoner from China to Australia – alleged breach of natural justice (Ground A) – alleged error of law due to improper construction of ss 19AP and 19APA of Crimes Act 1914 (Cth) (Ground B) – alleged adoption of rule or policy without regard to individual merits of case (Ground C) – alleged failure to carry out statutory task (Ground D) – alleged regard to irrelevant consideration (Ground E) – whether memorandum to delegate formed part of delegate's reasons – whether letter from delegate regarding licence conditions constituted application of policy without regard to individual merits of case – held: memorandum did not constitute any part of delegate's reasons – held: no application of policy without regard to individual merits of case – held: no basis to conclude that Chinese sentence was disproportionate – held: no breach of procedural fairness – held: application dismissed on all grounds.

Malek Fahd Islamic School Limited v Minister for Education and Training (No 2) [2017] FCA 1377
ADMINISTRATIVE LAW – judicial review of a decision of a delegate of the Minister for Education and Training to delay making further payments of financial assistance to New South Wales in respect of a school – where delegate voluntarily provided a detailed statement of reasons for her decision – whether delegate failed to take into account a mandatory relevant consideration in the exercise of her power under s 110(1)(c) of the Australian Education Act 2013 (Cth), being the effect of delaying the payments on students at the school. Held: delegate's decision set aside with effect from 6 April 2017; respondent to pay applicant's costs.

Robinson v Transport for NSW; Robinson v Roads and Maritime Services [2017] NSWCATAD 353
GOVERNMENT INFORMATION – Review of implicit decision that agency does not hold information – Inadvertent disclosure of information to which access had been refused by agency – Relevance of inadvertent disclosure to conduct of review by Tribunal – Whether inadvertent disclosure constituted decision to grant access to information - Cabinet information claim – Whether reasonable grounds for claim – Whether certain documents prepared for the purpose of submission to Cabinet – Whether certain documents would reveal or tend to reveal information concerning any of Cabinet deliberations or decisions – Whether certain documents reveal or tend to reveal the position of a particular Minister on a matter in Cabinet - Whether Tribunal may decide to provide access to part of a document containing Cabinet information but not to the remainder of the document – Legal professional privilege – Whether confidential communications prepared for dominant purpose of lawyer providing legal advice to a client – Whether privilege waived by inadvertent disclosure to applicant – Applicable principles – Whether privilege waived by the provision of advice by a Department to a statutory corporation – Whether RMS is client of in-house solicitor providing advice - Where legal staff in RMS are employed by the Government of NSW - Meaning of "client" in the Evidence Act.

Shoebridge v Department of Education [2017] NSWCATAD 343
ADMINISTRATIVE LAW – access to information – reviewable decisions – public interest considerations – personal information – legitimate business interests.

Pryszlak v Workers' Compensation Regulator [2017] QSC 286
ADMINISTRATIVE LAW – JUDICIAL REVIEW – GROUNDS OF REVIEW – IRRELEVANT CONSIDERATIONS – where the applicant applied to the respondent for an extension of the time to apply for a review – where the respondent has a statutory power to grant an extension of time if "special circumstances" exist – where the respondent refused that application – where the applicant applies to this Court for a statutory order of review of the respondent's decision – where the applicant submits the respondent improperly exercised their power by taking into account irrelevant considerations – whether irrelevant considerations were taken into account.
ADMINISTRATIVE LAW – JUDICIAL REVIEW – GROUNDS OF REVIEW – RELEVANT CONSIDERATIONS – where the applicant applies to this Court for a statutory order of review of the respondent's decision to refuse him an extension of time – where the applicant submits the respondent failed to take into account relevant matters – whether the decision was an improper exercise of the relevant power in failing to take into account relevant considerations. ADMINISTRATIVE LAW – JUDICIAL REVIEW – GROUNDS OF REVIEW – ERROR OF LAW – where the applicant submits the respondent's decision to refuse an extension of time involved an error of law – where the decision maker restricted her consideration of whether special circumstances exist by reference to the notion that they must justify the extension – whether the respondent's decision involved an error of law.
ADMINISTRATIVE LAW – JUDICIAL REVIEW – GROUNDS OF REVIEW – OTHER CASES – where there is a complaint that the respondent, in reaching its decision, exercised a discretionary power in accordance with a rule or policy without bringing into account the merits of the review – whether the respondent considered and had regard to the merits of the case in reaching its decision.

Legislation

Commonwealth

Copyright Amendment (Service Providers) Bill 2017
The Copyright Amendment (Service Providers) Bill 2017 (the Bill) extends the operation of the safe harbour scheme and will limit remedies available against carriage service providers in Division 2AA of Part V of the Copyright Act 1968 (the Act) to a broader range of service providers in the disability, educational and cultural sectors. Progress: Senate Introduced and read a first time 06/12/2017; Second reading debate 06/12/2017.

Communications Legislation Amendment (Online Content Services and Other Measures) Bill 2017
The Bill will establish a legislative framework that can be used to apply gambling promotions restrictions to 'online content services' providers and provide the ACMA with the power to (if directed by the Minister ) determine program standards about gambling promotional content. Progress: Senate Introduced and read a first time 06/12/2017; Second reading debate 06/12/2017.

Marriage Amendment (Definition and Religious Freedoms) Bill 2017
Amends the: Marriage Act 1961 to: redefine marriage as 'a union of two people'; introduce non-gendered language so that the requirements of the Act apply equally to all marriages; enable same-sex marriages that have been, or will be, solemnised under the law of a foreign country to be recognised in Australia; amend the definition of 'authorised celebrant' to include new categories of religious marriage celebrants and certain Australian Defence Force officers; enable ministers of religion, religious marriage celebrants, chaplains and bodies established for religious purposes to refuse to solemnise or provide facilities, goods and services for marriages on religious grounds; and make amendments contingent on the commencement of the proposed Civil Law and Justice Legislation Amendment Act 2017; and Sex Discrimination Act 1984 to provide that a refusal by a minister of religion, religious marriage celebrant or chaplain to solemnise marriage in prescribed circumstances does not constitute unlawful discrimination. Progress: House of Representatives Second reading agreed to 07/12/2017 Consideration in detail debate 07/12/2017.

Marriage Amendment (Definition and Religious Freedoms) Act 2017
Act No. 129 of 2017 – Date of assent: 08/12/2017 - An Act to amend the law relating to the definition of marriage and protect religious freedoms.

Regulations

Privacy Amendment (Permitted Disclosures—Energy and Water Utilities) Regulations 2017
04/12/2017 – This regulation amends the Privacy Regulation 2013 to permit the disclosure of credit information by energy and water utilities in the Australian Capital Territory until 1 January 2019.

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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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.

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