Australia: Queensland Government Bulletin - 2 May 2018

Last Updated: 5 May 2018
Article by Paul Venus, Stephen Burton, Suzy Cairney and Trent Taylor

Most Read Contributor in Australia, September 2018

Facebook result unscathed by data scandal as advertisers stick around
Facebook recorded strong revenue growth for the first quarter of 2018, brushing off concerns advertisers were spooked by the data scandal that rocked the company. The ACCC is currently scrutinising the role of digital platforms in diverting advertising away from traditional media companies, as well as how much users know about the data being collected about them (26 April 2018). More...

Privacy Awareness Week 2018 website launched
This year's Privacy Awareness Week (PAW) is all about promoting privacy as part of your everyday business. Running from 13 to 19 May, this year's theme, 'Privacy: from principles to practice', will focus on the need for organisations to develop and reassess systems, processes, culture and practice to make sure they put their customers' personal information first (26 April 2018). More...

Privacy watchdog pulls up data breaches
The first quarterly report on data breach notifications received under the new Notifiable Data Breaches (NDB) scheme has been published by the Office of the Australian Information Commissioner (OAIC). In its report, the OAIC said it received 63 data breach notifications under the scheme during the first six weeks of its operation (23 April 2018). More...

OIC Qld current case - U5OR8D and Department of Justice and Attorney-General [2018] QICmr [18]
General Decision date: 19 April 2018 - ADMINISTRATIVE LAW - AMENDMENT OF PERSONAL INFORMATION - application to amend information contained in a letter authored by a non-government, private sector entity - information relating to issues arising under the Retirement Villages Act 1999 (Qld) about the management and operation of a Retirement Village - whether record of information is inaccurate, incomplete, out of date or misleading – section 72(1)(a)(i) of the Information Privacy Act 2009 (Qld). More...

OIC Queensland: Submission toEducation, Employment and Small Business Committee Mines Legislation (Resources Safety) Amendment Bill 2018
The submission outlines a concern about whether broad disclosure powers envisaged in Clauses 46 and 89 of the bill, relating to the disclosure of personal information, are justified (April 2018). More...

OIC Queensland: How to respect privacy when operating drones
Queensland government agencies using drones to record images and audio must comply with the privacy obligations in the Information Privacy Act 2009 (Qld). To help you operate drones in a privacy-respectful way, the OIC has released a new resource " Top Privacy Tips: Drones". The Drone tip sheet is just one of the new resources we will be releasing in the lead up to Privacy Awareness Week (PAW) 2018, which focusses on the value of personal data and why it's worth protecting (19 April 2018). More...

CCCC Prosecutions: Two people charged with Official Corruption
A 66-year-old Springfield man and a 51-year-old Springfield woman were each served with a Notice to Appear in Court following an ongoing Crime and Corruption Commission investigation (18 April 2018). More...

CCC: Risks in recruitment — are you adequately vetting your staff: What you should know
This CCC publication focuses on the dangers of public agencies failing to identify corruption risks when recruiting or promoting staff (April 2018). More...

How much does prison really cost? Comparing the costs of imprisonment with community corrections
Anthony Morgan, Australian Institute of Criminology: 24 April 2018
The purpose of this research was to calculate the total net cost of pathways through imprisonment and community corrections in Victoria, taking into account a range of direct and indirect costs and savings associated with a matched cohort of prisoners and offenders. More...

Opening government: transparency and engagement in the information age
John Wanna, Sam Vincent; ANU Press: 23 April 2018
This book explores new horizons and scenarios for better governance in the context of the new information age, focusing on the potentials and pitfalls for governments (and governance more broadly) operating in the new, information-rich environment. More...

Cases

Taylor and Comcare (Compensation) [2018] AATA 972
Pursuant to section 29(7) of the Administrative Appeals Tribunal Act 1975 the Tribunal extends the time for the making of an application for review of the decision.
PRACTICE AND PROCEDURE – extension of time application – acceptable explanation of the delay – fair and equitable in the circumstances – rested on his rights – prejudice to the respondent caused by the delay – prejudice as a result of the extension – merits of the substantial application – considerations of fairness as between the applicant and other persons.
Administrative Appeals Tribunal Act 1975 (Cth); Safety, Compensation and Rehabilitation Act 1988 (Cth).

Burns v Corbett; Burns v Gaynor; Attorney General for New South Wales v Burns; Attorney General for New South Wales v Burns; New South Wales v Burns [2018] HCA 15
Appeal dismissed. Constitutional law (Cth) – Chapter III – Where complaints made under Anti-Discrimination Act 1977 (NSW) came before Civil and Administrative Tribunal of New South Wales (NCAT) – Where parties to disputes residents of different States – Where common ground that NCAT exercised State judicial power in hearing and determining disputes – Where common ground that NCAT not a "court of a State" – Whether Ch III of Constitution contains implication preventing any party to federal compact from conferring adjudicative authority in respect of matters listed in ss75 and 76 of Constitution on organ of government, federal or State, other than a court referred to in Ch III. Constitutional law (Cth) – Inconsistency between Commonwealth and State laws – Where Civil and Administrative Tribunal Act 2013 (NSW) purports to confer jurisdiction on NCAT to determine disputes between residents of different States – Whether State law alters, impairs or detracts from operation of Judiciary Act 1903 (Cth), s39(2).

DX v Commonwealth of Australia & Ors [2018] FCCA 922
ADMINISTRATIVE LAW – JUDICIAL REVIEW – Whether determination made by Board of Australian Crime and Intelligence Commission invalid – whether summons issued by Examiner invalid – whether Examiner held requisite state of satisfaction that issue of summons reasonable in all of the circumstances – whether Determination of Board made in circumstances of unreasonableness. Administrative Decisions (Judicial Review) Act 1977 (Cth), ss.5 and 6.
(1) Pursuant to ss.88F and 88G(1)(b) and (c) of the Federal Circuit Court of Australia Act 1999 (Cth), and to prevent prejudice to the interests of the Commonwealth and to protect the safety of the applicant, publication of any of the contents of Exhibit R1, being the unredacted summons issued by the third respondent to the applicant under s.28(1) of the Australian Crime Commission Act 2002 (Cth) is prohibited.

Stojic v Deputy Commissioner of Taxation [2018] FCA 483
TAXATION – where the Commissioner of Taxation declined to exercise the discretion under s255-15(1) of Schedule 1 to the Taxation Administration Act 1953 (Cth) to enter into an arrangement permitting the applicant to pay a tax-related liability by instalments – review under s5(1) of the Administrative Appeals (Judicial Review) Act 1977 (Cth) – whether the Commissioner's decision was a reconsideration of an earlier decision under s255-15(1).
ADMINISTRATIVE LAW – whether the Commissioner breached the rules of natural justice in declining to enter into an arrangement with the applicant pursuant to s255-15(1) – whether the Commissioner erred in failing to inform the applicant that he intended to have regard to, or that he had reached an adverse conclusion in relation to, an issue not previously disclosed as material to the Commissioner's decision – whether the decision involved an improper exercise of the power conferred by s255-15(1) on the basis that the Commissioner took into account an irrelevant consideration – whether the decision involved an improper exercise of the power conferred by s255-15(1) on the basis that the Commissioner exercised the power in accordance with a policy without regard to the merits of the applicant's case. Administrative Decisions (Judicial Review) Act 1977 (Cth), ss5(1)(a), 5(1)(e), 5(2)(a), 5(2)(f), 11(1)(b).

Australian Prudential Regulation Authority v TMeffect Pty Ltd [2018] FCA 508
ADMINISTRATIVE LAW – appeal from the Administrative Appeals Tribunal under s44 of the Administrative Appeals Tribunal Act 1975 (Cth) – where the Tribunal allowed consent for the use or assumption of the restricted word "bank" under s66 of the Banking Act 1959 (Cth) – whether the Tribunal erred in failing to apply policy guidelines for the implementation of s66 – where Guidelines were valid and not inconsistent with the Banking Act 1959 (Cth) – where the Tribunal erred in failing to take the policy guidelines into account as mandatory relevant considerations – where the Tribunal failed to engage in an active intellectual manner with the policy guidelines – whether the Tribunal ignored as an irrelevant consideration the inherent riskiness of equity crowdfunding – appeal allowed.
STATUTORY INTERPRETATION – construction of the implied power vested in APRA to grant consent to use restricted word under s 66 – consideration of principles of statutory construction where discretion strikes balance between competing interests – where the Tribunal misconstrued s66 of the Banking Act 1959 (Cth).

XXVII v The Commonwealth of Australia [2018] FCAFC 59
ADMINISTRATIVE LAW – Australian Crime Commission – summons – special investigations –where prior authorisation and determination amended by the Board of the Australian Crime Commission – whether amendment power to be exercised by the Board "in the like manner and subject to the like conditions", as dictated by s33(3) of the Acts Interpretation Act 1901 (Cth) – whether Board validly determined that the authorised investigation of indefinite duration was to be a special investigation – Australian Crime Commission Act 2002 (Cth) s7C(3).

Banerji and Comcare (Compensation) [2018] AATA 892
COMPENSATION – adjustment disorder characterised by depression and anxiety – mental injury significantly contributed to by Ms Banerji's employment – whether termination of Ms Banerji's employment for breaches of the APS Code of Conduct was reasonable administrative action taken in a reasonable manner – reviewable decision set aside.
CONSTITUTIONAL LAW – implied freedom of political communication – whether the APS Code of Conduct burdens this implied freedom – whether the Code is reasonably appropriate and adapted to serve a legitimate end.
PUBLIC SERVICE, PROFESSIONS AND TRADE – duty of fidelity and loyalty – whether the implied freedom of public servants is restricted in certain circumstances – preserving the capacity of the APS to deliver effective and professional services to the Australian government. Acts Interpretation Act 1903 s15A; Public Service Act 1999 ss10, 13, 15, 29.

Daniel v Queensland Building and Construction Commission [2018] QCAT 109
ADMINISTRATIVE LAW – ADMINISTRATIVE TRIBUNALS – QUEENSLAND CIVIL AND ADMINISTRATIVE TRIBUNAL – where applicant applied for a stay of the decision – whether desirable to grant a stay.
PROFESSIONS AND TRADES – BUILDERS – LICENCES AND REGISTRATION – QUALIFICATIONS – where applicant granted licence where applicant supplied incorrect information – where applicant supplied incorrect information – applicant's licence cancelled.

McSteen v Architects Registration Board of Victoria [2018] VSCA 96
APPEAL — Question of law — Disciplinary proceedings — Architects — Architects Registration Board — Dispute between architect and client — Board alleged unprofessional conduct, carelessness and incompetence — Tribunal established by Board — Allegations upheld — Review by VCAT — Allegations upheld in part — Appeal on question of law — Appeal allowed in part — Victorian Civil and Administrative Tribunal Act 1998, s148 — Architects Act 1991.
ADMINISTRATIVE LAW — Appeal on question of law — Whether originating process identified questions of law — Procedural fairness — Whether applicant informed of case against him — Whether allegations alternative or cumulative — Appeal allowed in part — Fraser v Sperling [2017] VSCA 53 — Victorian Civil and Administrative Tribunal Act 1998, s148 — Supreme Court (Miscellaneous Civil Proceedings) Rules 2008, r.4.11(1)(b).
WORDS AND PHRASES — 'Careless or incompetent' — Whether compendious expression — Architects Act 1991, s32.

Legislation

Commonwealth

Telecommunications (Consumer Protection and Service Standards) Regulations 2018
23/04/2018 - These regulations introduce a new objective relating to the supply of public interest communication services under the Telecommunications (Consumer Protection and Service Standards) Act 1999. The objective is to facilitate future outreach activities for people who are deaf, hearing and/or speech impaired to include information about mainstream communication services in addition to existing outreach activities related to the National Relay Service.

Queensland

Subordinate legislation as made – 27 April 2018

No 45: Public Service and Other Legislation Amendment Regulation (No. 1) 2018

No 47: Legal Profession (Community Legal Service Practitioners) Amendment Regulation 2018

No 48: Legal Profession (Society Rules) Amendment Notice 2018

Bills Updated

Local Government Electoral (Implementing Stage 1 of Belcarra) and Other Legislation Amendment Bill
Stage reached: 2nd reading to be moved on 23/04/2018.

Births, Deaths and Marriages Registration Amendment Bill 2018
Stage reached: 2nd reading to be moved on 23/04/2018.

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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