Australia: Queensland Government Bulletin - 7 March 2018

Last Updated: 10 March 2018
Article by Paul Venus, Stephen Burton, Suzy Cairney and Trent Taylor

Most Read Contributor in Australia, October 2018

In the media

NT Government urged to act immediately to raise age of criminal responsibility, other States should follow
The Law Council of Australia today urged the NT Government to go beyond offering 'in-principle' support to the NT Royal Commission's landmark recommendation to raise the age of criminal responsibility from 10 to 12, calling for its urgent adoption (02 March 2018). More...

Palaszczuk Government Acts on Discrimination
The Palaszczuk Government will act quickly to remove a discriminatory and outdated legal restriction that affects Queenslanders who undertake gender reassignment (02 March 2018). More...

Commencement of the Notifiable Data Breaches Scheme
New rules around mandatory reporting of serious data breaches come into effect from today. Entities subject to the Privacy Act 1988 – including most Australian Government agencies, businesses with an annual turnover of more than $3 million, and specific categories of smaller businesses, such as health providers – are now required to notify individuals if their personal data has been involved in a serious breach (22 February 2018). More...

Retirement of the Australian Information Commissioner and Privacy Commissioner
Mr Timothy Pilgrim PSM will retire as Australian Information Commissioner and Privacy Commissioner on 24 March 2018. The Government will soon be undertaking a merit-based selection process to identify Mr Pilgrim's replacement (20 February 2018). More...

In practice and courts

Law Council consults on Review of Australian Solicitors' Conduct Rules
The Law Council is undertaking a review of the Australian Solicitors' Conduct Rules. This is the first comprehensive review of the Rules since they were first promulgated in June 2011. The Law Council's Professional Ethics Committee has developed a Consultation Discussion Paper for the Review and invites comments and submissions on the issues raised and discussed. The closing date for Submissions is 31 May 2018, which may be lodged here. More...

Commonwealth Ombudsman Submissions
Commonwealth Ombudsman Submission to VRQA Guidelines for the enrolment of overseas students aged under 18 years. 28 Feb 2018
This submission draws upon issues raised in complaints to our Office and from our engagement with education providers and other stakeholders, relating to student protection mechanisms for overseas students aged under 18 years.

OAIC: Statement from the Privacy Commissioner
I am aware of media reports today alleging that staff in gambling venues are sharing personal information on patrons. My office is making inquiries to determine whether personal information of individuals is being managed in accordance with the Privacy Act 1988 (Privacy Act) (28 February 2018). More...

OAIC Reminder: Notifiable Data Breaches (NDB) scheme
Data breach notification became mandatory as of February 2018 for all Australian entities required to comply with the Privacy Act 1988. All entities covered by the Australian Privacy Principles will have clear obligations to report eligible data breaches within 30 days. More...

Current Inquiries

Judiciary Amendment (Commonwealth Model Litigant Obligations) Bill 2017
The Senate referred the Judiciary Amendment (Commonwealth Model Litigant Obligations) Bill 2017 to the Legal and Constitutional Affairs Legislation Committee for inquiry and report by 8 May 2018. Submissions closed on is 28 February 2018. More...

The adequacy of existing offences in the Commonwealth Criminal Code and of state and territory criminal laws to capture cyberbullying
On 7 September 2017 the Senate referred the below matter to the Legal and Constitutional Affairs References Committee for inquiry and report by 29 November 2017. On 19 October 2017 the Senate extended the committee's reporting date to the last sitting day in March 2018. More...

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: New Investigations
CCC to investigate allegations of corruption relating to Gold Coast City Council decision-making - 2 March 2018
Jamboree Heights man charged with Disclosure of a Confidential CCC Notice - 1 March 2018

QLS: Data breach reporting regime reminder
On 22 February 2018 the federal government's data breach reporting regime will commence, through amendments to the Privacy Legislation. The regime is broad-reaching and will likely effect most law firms-prudent practitioners will operate on the basis that it applies to them. More...

Confidentiality and disclosure of government contracts
(Report 8: 2017–18) Tabled date 20 February 2018
While confidentiality provisions are required for government to protect sensitive information for itself and its stakeholders, inappropriate use can reduce transparency and public trust in government. More...

Finalising unpaid fines
(Report 10: 2017–18) Tabled date 22 February 2018
Public sector entities issue fines to penalise people who have deliberately or inadvertently broken the law, and to deter them from committing similar offences. These people account for a significant amount of outstanding fines debt owed to the state, and enforcing this debt can be difficult and costly. More...

OAIC Queensland: Invitation to be inspired by Queensland's Open data achievements
To celebrate International Open Data Day on 2 March, the Open Data Institute is hosting a networking event that explores Queenslanders' achievements in open data (22 February 2018). More...

Published – articles, papers, reports

Data breach preparation and response
Office of the Australian Information Commissioner; Government of Australia: 19 February 2018
This guide aims to assist you in developing and implementing an effective data breach response. It outlines the requirements relating to data breaches in the Privacy Act 1988 (Cth) (Privacy Act), including personal information security requirements and the mandatory data breach reporting obligations of the Notifiable Data Breaches (NDB) scheme. More...

Chronology of same-sex marriage bills introduced into the federal parliament: a quick guide
Deirdre McKeown; Parliamentary Library (Australia): 15 February 2018
This Quick Guide (February 2018 update) 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. More...

Statement of ministerial standards
Department of the Prime Minister and Cabinet (Australia); Government of Australia: 15 February 2018
Ministers and Parliamentary Secretaries are entrusted with the conduct of public business and must act in a manner that is consistent with the highest standards of integrity and propriety. The public, quite rightly, has high expectations of them, in terms of their personal conduct and decorum. More...

Cases

Ekermawi v Australian Human Rights Commission [2018] FCA 166
ADMINISTRATIVE LAW – Statutory intervention – Intervention by the Attorney-General of the Commonwealth of Australia – Whether leave required to intervene.
Administrative Decisions (Judicial Review) Act 1977 (Cth) s 18(1); Australian Human Rights Commission Act 1986 (Cth) ss 46PH(1)(c), 46PH(2); Federal Court Act 1970 (Cth) s 37M(3); Federal Court Rules 2011 (Cth) r 9.12.
To the extent necessary, the Commonwealth Attorney-General be granted leave to intervene in the proceedings under r 9.12 of the Federal Court Rules 2011 (Cth).

Australian Broadcasting Corporation and Department of Home Affairs (Freedom of information) [2018] AICmr 24
Freedom of Information — Whether disclosure of personal information is unreasonable — Whether contrary to public interest to release conditionally exempt documents — (CTH) Freedom of Information Act 1982 ss 11A(5) and 47F.

'OA' and Department of Home Affairs (Freedom of information) [2018] AICmr 22
Freedom of Information — Whether material irrelevant to the request — Whether reasonable steps taken to locate documents — Whether documents subject to legal professional privilege — Whether disclosure would have a substantial adverse effect on the proper and efficient conduct of the operations of an agency — Whether disclosure of personal information is unreasonable — Whether contrary to public interest to release conditionally exempt do.cuments — (CTH) Freedom of Information Act 1982 ss 11A(5), 22, 24A, 42, 47E(d) and 47F.

Australian Associated Press Pty Ltd and Department of Home Affairs (Freedom of information) [2018] AICmr 23
Freedom of Information — Whether disclosure could cause damage to the international relations of the Commonwealth — (CTH) Freedom of Information Act 1982 ss 33(a)(iii), 55D.

Steelforce Trading Pty Ltd v Parliamentary Secretary to the Minister for Industry, Innovation and Science[2018] FCAFC 20
STATUTES – Customs Act 1901 (Cth) (the Act) – Part XVB – special provisions relating to anti-dumping duties – hollow steel sections exported from China to Australia – review of anti-dumping measures.
STATUTES – Customs (International Obligations) Regulation 2015 (Cth) – ordinary course of trade – determination of cost of production or manufacture – determination of administrative, selling and general costs – normal value of goods – determination of profit.
ADMINISTRATIVE LAW – whether denial of procedural fairness or failure to follow procedures required by Act – whether error of law in division of domestic sales of goods under consideration into subsets – whether error of law in failure to make adequate findings of fact before dividing goods into subsets – whether error of law in failure to identify 'actual amounts realised' in determining profit from sale of goods of the same general category of goods in the domestic market of the country of export – whether error of law in using benchmark price from third countries to determine cost of production or manufacture of same general category of goods in country of export – whether error of law in failure to adjust benchmark price to reflect competitive advantages in country of export.

Lock the Gate Alliance Ltd v The Minister for Natural Resources and Mines [2018] QSC 021
ADMINISTRATIVE LAW – JUDICIAL REVIEW – REVIEWABLE DECISIONS AND CONDUCT – REFUSAL OF REQUESTS FOR REASONS – where the applicant environmental organisation seeks a statement of reasons for a decision made under s 318AAV of the Mineral Resources Act 1989 giving indicative approval for the transfer of a mining lease relating to the Blair Athol coal mine – whether the decision to give indicative approval is a decision to which the Judicial Review Act 1991 applies – whether the applicant is a person whose interests are adversely affected by the decision such that it is entitled to request a statement of reasons for the decision.

Legislation

Commonwealth

Legislation (Deferral of Sunsetting—Jury Exemption Regulations) Certificate 2018
26/02/2018 – This instrument defers the sunsetting date of the Jury Exemption Regulations 1987 from 1 April 2018 to 1 April 2019.

Intelligence Services Amendment (Establishment of the Australian Signals Directorate) Bill 2018
House of Representatives Third reading agreed to 28 Feb 2018
Amends: the Intelligence Services Act 2001 to: establish the Australian Signals Directorate (ASD) as an independent statutory agency within the Defence portfolio reporting directly to the Minister for Defence; amend ASD's functions to include providing material, advice and other assistance to prescribed persons or bodies, and preventing and disrupting cybercrime; require the Director-General of ASD to brief the Leader of the Opposition about matters relating to ASD; and give the Director-General powers to employ persons as employees of ASD; and 18 Acts to make consequential amendments.

Australian Bill of Rights Bill 2017
HR Removed from the Notice Paper in accordance with (SO 42) 27 Feb 2018
Seeks to give effect to certain provisions of the International Covenant on Civil and Political Rights, the International Covenant on Economic, Social and Cultural Rights and the Convention on the Rights of the Child by: declaring an Australian Bill of Rights; providing that any Commonwealth, state or territory law that is inconsistent with the Bill of Rights is invalid to the extent of the inconsistency; specifying that Commonwealth, state and territory laws must be interpreted consistently with the Bill of Rights; and providing the Australian Human Rights Commission with a range of additional powers and functions in relation to the rights and freedoms in the Bill of Rights.

Electoral Amendment (Banning Foreign Political Donations) Bill 2017
HR Removed from the Notice Paper in accordance with (SO 42) 27 Feb 2018
Amends the Commonwealth Electoral Act 1918 to: prohibit the receipt of a gift which exceeds $1,000 by a political party or candidate from a foreign person or a person who has not provided a statutory declaration stating that they are not a foreign person; provide that a gift received in these circumstances is a debt owing to the Commonwealth and may be recovered by the Commonwealth; and provide that a gift received in these circumstances is not unlawful if it is returned within 30 days after its receipt.

Crimes Amendment (National Disability Insurance Scheme—Worker Screening) Bill 2018
House of Representatives Third reading agreed to 28 Feb 2018 - The amendments in this Bill would create an exception for convictions of persons who work, or seek to work, with people with disability in the National Disability Insurance Scheme (NDIS) so that those convictions can be disclosed to, and taken into account by, Commonwealth, State and Territory agencies, to enable State and Territory worker screening units to determine whether the person is suitable to work with people with disability in the NDIS.

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.

To print this article, all you need is to be registered on Mondaq.com.

Click to Login as an existing user or Register so you can print this article.

Authors
Suzy Cairney
Similar Articles
Relevancy Powered by MondaqAI
 
Some comments from our readers…
“The articles are extremely timely and highly applicable”
“I often find critical information not available elsewhere”
“As in-house counsel, Mondaq’s service is of great value”

Related Topics
 
Similar Articles
Relevancy Powered by MondaqAI
Related Articles
 
Up-coming Events Search
Tools
Print
Font Size:
Translation
Channels
Mondaq on Twitter
 
Register for Access and our Free Biweekly Alert for
This service is completely free. Access 250,000 archived articles from 100+ countries and get a personalised email twice a week covering developments (and yes, our lawyers like to think you’ve read our Disclaimer).
 
Email Address
Company Name
Password
Confirm Password
Position
Mondaq Topics -- Select your Interests
 Accounting
 Anti-trust
 Commercial
 Compliance
 Consumer
 Criminal
 Employment
 Energy
 Environment
 Family
 Finance
 Government
 Healthcare
 Immigration
 Insolvency
 Insurance
 International
 IP
 Law Performance
 Law Practice
 Litigation
 Media & IT
 Privacy
 Real Estate
 Strategy
 Tax
 Technology
 Transport
 Wealth Mgt
Regions
Africa
Asia
Asia Pacific
Australasia
Canada
Caribbean
Europe
European Union
Latin America
Middle East
U.K.
United States
Worldwide Updates
Registration (you must scroll down to set your data preferences)

Mondaq Ltd requires you to register and provide information that personally identifies you, including your content preferences, for three primary purposes (full details of Mondaq’s use of your personal data can be found in our Privacy and Cookies Notice):

  • To allow you to personalize the Mondaq websites you are visiting to show content ("Content") relevant to your interests.
  • To enable features such as password reminder, news alerts, email a colleague, and linking from Mondaq (and its affiliate sites) to your website.
  • To produce demographic feedback for our content providers ("Contributors") who contribute Content for free for your use.

Mondaq hopes that our registered users will support us in maintaining our free to view business model by consenting to our use of your personal data as described below.

Mondaq has a "free to view" business model. Our services are paid for by Contributors in exchange for Mondaq providing them with access to information about who accesses their content. Once personal data is transferred to our Contributors they become a data controller of this personal data. They use it to measure the response that their articles are receiving, as a form of market research. They may also use it to provide Mondaq users with information about their products and services.

Details of each Contributor to which your personal data will be transferred is clearly stated within the Content that you access. For full details of how this Contributor will use your personal data, you should review the Contributor’s own Privacy Notice.

Please indicate your preference below:

Yes, I am happy to support Mondaq in maintaining its free to view business model by agreeing to allow Mondaq to share my personal data with Contributors whose Content I access
No, I do not want Mondaq to share my personal data with Contributors

Also please let us know whether you are happy to receive communications promoting products and services offered by Mondaq:

Yes, I am happy to received promotional communications from Mondaq
No, please do not send me promotional communications from Mondaq
Terms & Conditions

Mondaq.com (the Website) is owned and managed by Mondaq Ltd (Mondaq). Mondaq grants you a non-exclusive, revocable licence to access the Website and associated services, such as the Mondaq News Alerts (Services), subject to and in consideration of your compliance with the following terms and conditions of use (Terms). Your use of the Website and/or Services constitutes your agreement to the Terms. Mondaq may terminate your use of the Website and Services if you are in breach of these Terms or if Mondaq decides to terminate the licence granted hereunder for any reason whatsoever.

Use of www.mondaq.com

To Use Mondaq.com you must be: eighteen (18) years old or over; legally capable of entering into binding contracts; and not in any way prohibited by the applicable law to enter into these Terms in the jurisdiction which you are currently located.

You may use the Website as an unregistered user, however, you are required to register as a user if you wish to read the full text of the Content or to receive the Services.

You may not modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, link, display, or in any way exploit any of the Content, in whole or in part, except as expressly permitted in these Terms or with the prior written consent of Mondaq. You may not use electronic or other means to extract details or information from the Content. Nor shall you extract information about users or Contributors in order to offer them any services or products.

In your use of the Website and/or Services you shall: comply with all applicable laws, regulations, directives and legislations which apply to your Use of the Website and/or Services in whatever country you are physically located including without limitation any and all consumer law, export control laws and regulations; provide to us true, correct and accurate information and promptly inform us in the event that any information that you have provided to us changes or becomes inaccurate; notify Mondaq immediately of any circumstances where you have reason to believe that any Intellectual Property Rights or any other rights of any third party may have been infringed; co-operate with reasonable security or other checks or requests for information made by Mondaq from time to time; and at all times be fully liable for the breach of any of these Terms by a third party using your login details to access the Website and/or Services

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.

By clicking Register you state you have read and agree to our Terms and Conditions