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The Palaszczuk Government will act quickly to remove a discriminatory and outdated legal restriction that affects Queenslanders who undertake gender reassignment (02 March 2018).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


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...


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 (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.

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