Australia: Queensland government bulletin - 4 April 2018

Last Updated: 11 April 2018
Article by Paul Venus, Stephen Burton, Suzy Cairney and Trent Taylor

Most Read Contributor in Australia, September 2018

In the media

Recommendations to reduce disproportionate Indigenous incarceration must not be ignored
The Law Council today backed the Australian Law Reform Commission's (ALRC) Indigenous incarceration report and warned that its compelling recommendations must not be shelved like those from the 1991 Royal Commission into Aboriginal Deaths in Custody report (28 March 2018). More...

New Deputy Director of Public Prosecutions
Attorney General Mark Speakman today announced the appointment of Peter McGrath SC as a Deputy Director of Public Prosecutions for NSW. He commenced as Deputy Director of Public Prosecutions on 3 April 2018 (28 March 2018). More...

Queensland appoints first Indigenous judge
Queensland's peak legal body has applauded the state government on its appointment of the first Indigenous judge – barrister Nathan Jarro (23 March 2018). More...

Misuse of Parliamentary staff budget entitlements in 2014
Ombudsman Deborah Glass has found 21 ALP Members of Victorian Parliament - including 11 serving and 10 former MPs - breached Parliament's Members' Guide by certifying payments to electorate officers used for party political campaigning (21 March 2018). More... More...

Statement re High Court of Australia decision
The Australian Government welcomes the High Court's unanimous decision delivered today in The Australian Government welcomes the High Court's unanimous decision delivered today in Alley vs Gillespie. The matters considered by the High Court were preliminary questions of law relating to whether it could and should decide the eligibility of a Member of Parliament under the Common Informers Act, rather than the long standing process of such decisions being made under section 47 of the Commonwealth Constitution and the Commonwealth Electoral Act 1918 (21 March 2018). More...

In practice and courts


OIC Queensland: Identity-matching Services Bill 2018
The Office of the Information Commissioner (OIC) provided this submission to the Commonwealth's Parliamentary Joint Committee on Intelligence and Security, to inform its deliberations on the Identity-matching Services Bill 2018. The OIC's comments highlight privacy risks within the nation-wide identity matching service regime, and advocate for adequate safeguards to mitigate those risks (10 March 2018). More...

Sentencing for child homicide offences
We have been asked by the Attorney-General to review sentencing of child homicide offences. Our 12-month review will focus on sentencing for offences involving the unlawful death of a child, such as murder and manslaughter. We are due to report to the Attorney-General by 31 October 2018. More...

Published – articles, papers, reports

Using evidence to build a better justice system: The challenge of rising prison costs
Peter Gluckman; Office of the Prime Minister's Chief Science Advisor (New Zealand): 29 March 2018
This paper explores the drivers of the continued growth of the New Zealand prison population, including consideration of crime rates, remand, sentencing and parole practices. More...


'OZ' and Department of Defence (Freedom of information) [2018] AICmr 49
Freedom of Information — Whether disclosure would cause damage to the security of the Commonwealth — (CTH) Freedom of Information Act 1982 s33(a)(i).

'OT' and Comcare (Freedom of Information) [2018] AICmr 47
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 ss11A(5) and 47F.

'OS' and Department of Health (Freedom of Information) [2018] AICmr 46
Freedom of Information — Whether disclosure would disclose commercially valuable information — (CTH) Freedom of Information Act 1982 s 47(1)(b) The applicant applied to the Department for access to communications between the Department and Shire Plc or any of its subsidiaries, including Shire Australia Pty Ltd, in relation to any clinical trial relating to Idursulfase-IT, between specified dates.

'OP' and Department of Home Affairs (Freedom of information) [2018] AICmr 43
Freedom of Information — Whether reasonable steps taken to locate documents – (CTH) – Freedom of Information Act 1982 s24A.

Thomas; Secretary, Department of Defence (Freedom of information) [2018] AATA 604
FREEDOM OF INFORMATION – Exemptions – deliberative processes – text message exchange between Chief and Vice Chief of the Australian Defence Force – whether, on balance, access would be contrary to the public interest – decision under review set aside on the basis that, on balance, access would be contrary to the public interest such that the documents are exempt.
COURTS AND TRIBUNALS – Whether reasonable apprehension of bias of a tribunal member on the basis of prior professional association – possession of this same prior professional experience relevant to the appointment of the member both to the tribunal and to that member's assignment to a particular Division of the Tribunal – prior professional association with authors of documents to which access sought ceased years before date of authorship of those documents or other relevant events – authors of documents not called as witnesses and no question as to their credibility – HELD: no reasonable apprehension of bias.
PRACTICE AND PROCEDURE – Administrative Appeals Tribunal – allegation of apprehension of bias by one member of multi-member panel constituted for the purpose of reviewing a decision – consideration as to whether merits of allegation should be ruled on by member concerned or by panel and whether the question needed to be dealt with as a preliminary issue or but one to be determined after hearing of evidence and submissions on the merits of the substantive issue on the review – HELD: practice to adopt dependent on circumstances of a particular case – in circumstances of case to hand issue determined by panel collectively as part of deciding merits of substantive issue on the review. Administrative Appeals Tribunal Act 1975 (Cth) ss7, 17CA, 33, 37, 42; Administrative Decisions (Judicial Review) Act 1977 (Cth).



Subordinate legislation as made

No 31: Health Legislation (Information Sharing) Amendment Regulation 2018 - 30 March 2018
Amendment of agreements - The agreement called 'Memorandum of Understanding" between State of Queensland acting through Queensland Health.

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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