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

Queensland

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...

Cases

'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).

Legislation

Queensland

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.

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