Australia: Queensland Government Bulletin - 14 May 2018

Last Updated: 21 May 2018
Article by Paul Venus, Stephen Burton, Suzy Cairney and Trent Taylor

Most Read Contributor in Australia, September 2018

In the media

Wotton v State of Queensland
The Qld Attorney-General has announced that the parties in Wotton v State of Queensland have agreed to a settlement scheme and an apology, subject to the court's approval. In her December 2016 ruling in the Federal Court, Justice Mortimer found in favour of Lex, Cecilia and Agnes Wotton, and ruled that the conduct of certain QPS officers in 2004 contravened section 9(1) Racial Discrimination Act 1975 and that the actions of certain police were found to be unlawful (01 May 2018) More...

In practice and courts

Federal Budget 2018-19: Highlights for lawyers
Law Council of Australia has produced a summary of key items from last night's Federal Budget of interest to the legal profession. More...

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...

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. 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 Prosecutions

CCC: Brassall man charged with Misconduct in Public Office
A 37-year-old man from Brassall was today charged with Misconduct in Public Office following a Crime and Corruption Commission investigation into Ipswich City Council (08 May 2018). More...

CCC: Yamanto man charged with Misconduct in Public Office
A 54-year-old Yamanto man was today served with a Notice to Appear in Court to face one charge of Misconduct in Public Office following a Crime and Corruption Commission investigation (02 May 2018). More...

CCC: Brassall man charged with fraud
A 47-year-old man from Brassall was charged today with Fraud related offences by the Crime and Corruption Commission (02 May 2018). More...

Queensland OIC current cases

U5OR8D and Department of Housing and Public Works [2018] QICmr 19 (2 May 2018)
ADMINISTRATIVE LAW - AMENDMENT OF PERSONAL INFORMATION - applications to amend information contained in Public Information Documents and letters and a correspondence brief authored by officers of the agency - information relating to issues arising under the Retirement Villages Act 1999 (Qld) about the management and operation of a Retirement Village - whether the information sought to be amended is contained within a document of the agency – section 13 of the Information Privacy Act 2009 (Qld).

Review of the Australian Solicitors' Conduct Rules
The LCA has released a consultation paper entitled 'Review of the Australian Solicitors' Conduct Rules'. The review paper can be found on the QLS website. The QLS Ethics Centre, on behalf of the Ethics Committee and the Queensland Law Society, invites members and interested parties to provide submissions with respect to the consultation paper by 31 May 2018.

Published – articles, papers, reports

Budget 2018-19
Government of Australia: 08 May 2018
The Turnbull Government has released the 2018-19 federal budget.

Social Services Legislation Amendment (Drug Testing Trial) Bill 2018 [Provisions]
Senate Community Affairs Legislation Committee: 07 May 2018
This report recommends that the Department of Social Services should establish and publish the evaluation strategy of the drug testing trial prior to the trial's commencement, and that the outcomes of the trial be publicly released. More...

Australian Broadcasting Corporation—complaints management
Australian National Audit Office: 03 May 2018
The objective of the audit was to assess the effectiveness of the Australian Broadcasting Corporation's (ABC's) management of complaints. More...

The Domestic Violence Safety Assessment Tool (DVSAT) and intimate partner repeat victimisation
Clare Ringland; NSW Bureau of Crime Statistics and Research: 03 May 2018
This report outlines BOCSAR's evaluation of the DVSAT screening tool (which is a key component of the Safer Pathway program), to see how reliable it is in identifying victims of domestic violence at high risk of repeat victimisation. More...

Strategic audit plan 2018-21
Queensland Audit Office: 02 May 2018
The Queensland Audit Office (QAO) is required to prepare and publish by 30 June each year a three-year strategic audit plan (SAP) which shapes and drives its program of performance audits. More...

Cases

High Court holds Katy Gallagher ineligible for parliament due to dual citizenship: [2018] HCA 17
Today, 9 May 2018, the High Court of Australia ruled that Labor Senator Katy Gallagher is ineligible to hold her seat in the Australian Parliament as she had failed to take all reasonable steps to renounce her dual citizenship prior to nominating for the 2016 election: Re Gallagher [2018] HCA 17. In a unanimous decision, Chief Justice Kiefel, Justices Bell, Gageler, Keane, Nettle, Gordon and Edelman ruled that Ms Gallagher had not taken all steps reasonable required to renounce her citizenship, further clarifying that this defence is only applicable where the law of the foreign country "irremediably prevents" the Australian citizen from renouncing foreign citizenship (see paragraph [39]) (09 May 2018). More...

Lever and Comcare (Freedom of information) [2018] AATA 1089
FREEDOM OF INFORMATION – request access to certain documents – decision not to continue review – notice under section 71 – whether documents are documents of an agency – constructive possession – legal professional privilege – allegation of fraud and misleading conduct – decision varied.
Archives Act 1983 (Cth) – s.27; Freedom of Information Act 1982 (Cth) – ss.4, 11, 15A, 20(1), 24, 24AA, 54W(b), 55K, 57A Part III; Safety, Rehabilitation and Compensation Act 1988 (Cth) – s.71.

Bendigo and Adelaide Bank Ltd v Patel [2018] QDC 084
PRACTICE – Default judgment – claim for debt including amount for compound interest – whether compound interest recoverable – relevance of merits – requirements of natural justice.

Loft v Minister for Local Government, Minister for Racing and Minister for Multicultural Affairs [2018] QSC 096
ADMINISTRATIVE LAW – JUDICIAL REVIEW – REVIEWABLE DECISIONS AND CONDUCT – GENERALLY – where the Governor in Council dismissed the applicant as Mayor of the Fraser Regional Coast Council on the recommendation of the respondent under the Local Government Act 2009 (Qld) – where the respondent recommended the applicant's dismissal on the basis of 11 findings of misconduct or inappropriate conduct as well as a complaint regarding the disclosure of an email to a journalist – where the applicant seeks that the decision of the Governor in Council be set aside – where the applicant seeks a declaration that the Local Government (Fraser Coast Regional Council – Dismissal of Councillor) Amendment Regulation 2018 (Qld) is invalid.
ADMINISTRATIVE LAW – JUDICIAL REVIEW – GROUNDS OF REVIEW – RELEVANT CONSIDERATIONS –where the Governor in Council dismissed the applicant as Mayor of the Fraser Regional Coast Council on the recommendation of the respondent under the Local Government Act 2009 (Qld) – where the respondent recommended the applicant's dismissal on the basis of 11 findings of misconduct or inappropriate conduct as well as a complaint regarding the disclosure of an email to a journalist – where the complaint regarding disclosure of the email was before the Local Government Remuneration and Discipline Tribunal – whether the respondent failed to take into account that the complaint was "unproven" – whether the respondent was precluded from acting on the complaint because it was before the Tribunal.
ADMINISTRATIVE LAW – JUDICIAL REVIEW – GROUNDS OF REVIEW – IRRELEVANT CONSIDERATIONS – where the Governor in Council dismissed the applicant as Mayor of the Fraser Regional Coast Council on the recommendation of the respondent under the Local Government Act 2009 (Qld) – where the respondent recommended the applicant's dismissal on the basis of 11 findings of misconduct or inappropriate conduct as well as a complaint regarding the disclosure of an email to a journalist –– where disciplinary findings regarding "previous inappropriate disclosures" by the applicant were taken into account by the respondent – whether the respondent considered whether the disclosed information was confidential – whether the respondent considered whether the applicant knew or ought reasonably to have known that the disclosed information was confidential – whether the respondent improperly took the applicant's "previous inappropriate disclosures" into account – whether the complaint regarding disclosure of the email was wrongly characterised as a breach of s.171(3) of the Local Government Act 2009 (Qld) and as amounting to misconduct.
ADMINISTRATIVE LAW – JUDICIAL REVIEW – GROUNDS OF REVIEW – PROCEDURAL FAIRNESS – GENERALLY – where the Governor in Council dismissed the applicant as Mayor of the Fraser Regional Coast Council on the recommendation of the respondent under the Local Government Act 2009 (Qld) – where the respondent recommended the applicant's dismissal on the basis of 11 findings of misconduct or inappropriate conduct as well as a complaint regarding the disclosure of an email to a journalist –where the applicant made submissions to the respondent that the complaint regarding disclosure of the email was "unproven" and before the Tribunal – whether the respondent considered the applicant's submissions – whether the respondent failed to give proper, genuine and realistic consideration to the applicant's submissions – whether the respondent breached the rules of natural justice.
ADMINISTRATIVE LAW – JUDICIAL REVIEW – GROUNDS OF REVIEW – OTHER CASES – where the Governor in Council dismissed the applicant as Mayor of the Fraser Regional Coast Council on the recommendation of the respondent under the Local Government Act 2009 (Qld) – where the respondent recommended the applicant's dismissal on the basis of 11 findings of misconduct or inappropriate conduct as well as a complaint regarding the disclosure of an email to a journalist – where the respondent made a finding that there was a real prospect that the applicant may engage in similar conduct in the future if action was not taken against him – where the respondent made a finding that the applicant's behaviour had damaged and continued to damage the standing of, regard for and confidence of the public in the Council, the position of Mayor of the Council, the position of councillor of the Council and the system of local government generally – whether there was evidence or other material to justify those findings.
ADMINISTRATIVE LAW – JUDICIAL REVIEW – GROUNDS OF REVIEW – UNREASONABLENESS – where the Governor in Council dismissed the applicant as Mayor of the Fraser Regional Coast Council on the recommendation of the respondent under the Local Government Act 2009 (Qld) – where the respondent recommended the applicant's dismissal on the basis of 11 findings of misconduct or inappropriate conduct as well as a complaint regarding the disclosure of an email to a journalist – where the respondent formed the belief that the applicant had seriously and continuously breached the local government principles – where the respondent formed the belief that the applicant was incapable of performing his responsibilities – whether the exercise of power dismissing the applicant was so unreasonable that no reasonable person could so exercise the power.

Roadshow Films Pty Limited v Telstra Corporation Limited [2018] FCA 582
COPYRIGHT – application for "site blocking" orders under s.115A of the Copyright Act 1968 (Cth) – online locations from which files used to facilitate operation of online streaming service may be downloaded – whether requirements of s.115A satisfied – whether orders should be made - Copyright Act 1968 (Cth) s.115A.

Helicopter Resources Pty Ltd v Commonwealth of Australia [2018] FCA 595
ADMINISTRATIVE LAW – judicial review of a decision of the Coroners Court of the ACT refusing to adjourn a coronial inquest into the death of a pilot employed by the applicant until criminal proceedings against the applicant were concluded – where the coronial inquest required the applicant's chief pilot to be a witness at the inquest.
PRACTICE AND PROCEDURE – where the applicant applied for interim orders prohibiting the Coroners Court of the ACT from requiring the applicant's employees and directors, including the chief pilot, to give evidence at the inquest until further order of the Court – whether the applicant established a prima facie case – whether the balance of convenience favours making the interim order – held: interim relief granted.
Administrative Decisions (Judicial Review) Act 1977 (Cth); Australian Antarctic Territory Act 1954 (Cth), ss.6, 10; Judiciary Act 1903 (Cth), s.39B; Work Health and Safety Act 2011 (Cth).

The Club of Mt Isa Pty Ltd v Commissioner for Liquor and Gaming Regulation [2018] QCAT 115
GAMING AND LIQUOR – ADMINISTRATION – LIQUOR LICENSING – LICENSING TRIBUNALS GENERALLY – REVIEWS APPEALS AND CASES STATED – WHO MAY APPEAL – where applicant failed to pay licence fee by due date – where licence automatically cancelled – where applicant sought review by the Queensland Civil and Administrative Tribunal – where no decision to be reviewed.
ADMINISTRATIVE REVIEW – ADMINISTRATIVE TRIBUNALS – QUEENSLAND CIVIL AND ADMINISTRATIVE TRIBUNAL – where applicant failed to pay licence fee by due date – where licence automatically cancelled – where applicant sought review – where no decision to be reviewed – where application struck out for want of jurisdiction.

Burgess v Queensland Building and Construction Commission [2018] QCAT 118
ADMINISTRATIVE LAW – ADMINISTRATIVE TRIBUNALS – QUEENSLAND CIVIL AND ADMINISTRATIVE TRIBUNAL – where applicant for administrative review filed Notice of Withdrawal eight days before scheduled hearing – where applicant failed to advise respondent – where breakdown in internal procedures caused withdrawal not to be processed expeditiously – where respondent sought costs – whether interests of justice required a costs order to be made.

New Acland Coal Pty Ltd v Smith [2018] QSC 088
ADMINISTRATIVE LAW – JUDICIAL REVIEW – GROUNDS OF REVIEW – PROCEDURAL FAIRNESS – BIAS – APPREHENSION OF BIAS – where a hearing took place on 2 February 2017, within the course of the proceeding, as a result of concerns raised by the first respondent with the applicant, in relation to media reports interpreted by the first respondent as conveying the imputation that delays in finalising the proceeding were attributable to the first respondent taking leave, which in turn was the potential cause of job losses in the community – whether a fair-minded lay observer might reasonably apprehend that the first respondent felt personally disrespected and offended by the media reports and by his Honour's perception of the applicant's actions in contributing to the media reports, and as a result, had a negative view of the applicant's corporate conduct, which might have affected the first respondent's ability to assess the issue of the media reports, and the applicant's actions in relation to them, objectively – whether there is a logical connection between that matter, and the possibility of a departure from impartial decision-making, having regard to the reasons given by the first respondent for his decision to recommend refusal of the mining lease applications and application to amend the environmental authority – whether the applicant waived the right to any objection, on the basis of the circumstances and conduct of the 2 February 2017 hearing, by failing to take action immediately – whether there was anything in the first respondent's reasons which effectively revived the matters which might be apprehended from the 2 February 2017 hearing, such that it might reasonably be apprehended from the reasons that the first respondent might not have brought an impartial mind to the resolution of the questions he was required to decide.
ADMINISTRATIVE LAW – JUDICIAL REVIEW – GROUNDS OF REVIEW – PROCEDURAL FAIRNESS – GENERALLY – whether the first respondent failed to accord procedural fairness, by failing to deal with a substantial argument advanced by the applicant, in relation to the issue of groundwater, by reference to the operation and effect of the overall legal framework which would apply to the expanded mine, including the associated water licence provisions of the Water Act and the suite of conditions which would otherwise apply – whether the first respondent failed to adequately articulate his reasons for rejecting the argument.
ADMINISTRATIVE LAW – JUDICIAL REVIEW – GROUNDS OF REVIEW – JURISDICTIONAL MATTERS – whether it was within the jurisdiction of the Land Court of Queensland to consider the prior conduct of the Department of Environment and Heritage Protection, as the administering authority under the Environmental Protection Act 1994, in relation to its administration of the applicant's existing environmental authority, and to consider the past performance of the applicant in relation to compliance with its existing environmental authority, in determining the relative merits of the applications.
ADMINISTRATIVE LAW – JUDICIAL REVIEW – GROUNDS OF REVIEW – ERROR OF LAW – consideration of the obligation and standard of reasons required to be given for a decision of the Land Court of Queensland to make a recommendation under s.269 of the Mineral Resources Act 1989 and s.191 of the Environmental Protection Act 1994.

Anglo Coal (Moranbah North Management) Pty Ltd [2018] QIRC 052
ANTI-DISCRIMINATION - APPLICATION FOR EXEMPTION - Exemption from operation of specified provisions of the Anti-Discrimination Act 1991 - Exemption relates to female only intake in underground metallurgical coal mine - Exemption sought under s.113 of the Act from the operation of ss 14, 15, 15A, 124 and 127 in relation to the attribute in s.7(a) of the Act (i.e. sex) - Application granted.

Legislation

Commonwealth

High Court (2019 Sittings) Rules 2018
10/05/2018 - These Rules of Court appoint the High Court days of sitting for 2019.

Criminal Code and Other Legislation Amendment (Removing Commonwealth Restrictions on Cannabis) Bill 2018
10/05/2018 – The Criminal Code and Other Legislation Amendment (Removing Commonwealth Restrictions on Cannabis) Bill 2018 removes Commonwealth barriers to the legalisation, regulation and taxation of cannabis. As such, the passage of this bill would allow any State or Territory Government to legalise and regulate cannabis.

Queensland

Subordinate legislation as made

No 50: Drugs Misuse Amendment Regulation 2018 - 04/05/2018.
No 51: State Penalties Enforcement Amendment (Postponement) Regulation 2018 - 11/05/2018.
No 52: State Penalties Enforcement (Hardship and Safeguards) Amendment Regulation 2018 - 11/05/2018.
No 53: Penalties and Sentences (Penalty Unit Value) Amendment Regulation 2018 - 11/05/2018.

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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