Australia: Queensland Government Bulletin - 27 June 2018

Last Updated: 2 July 2018
Article by Paul Venus, Stephen Burton, Suzy Cairney and Trent Taylor

Most Read Contributor in Australia, September 2018

In the media

New laws to prevent criminal misrepresentation of Commonwealth bodies
Australians will be protected from the deliberately deceptive behaviour seen during the 2016 election campaign – the so called Mediscare campaign (18 June 2018). More...

Budget 2018: Bar talks with Premier Berejiklian yield $10m extra for early guilty pleas
With the consent of the Premier's office, the President can inform members that in the NSW Budget to be released tonight the Treasurer will announce that in addition to $29.5 million for reforms to encourage early guilty pleas, there will be an additional $10 million in funding for Legal Aid NSW (19 June 2018). More...

High Court allows appeal from VSC concerning stay of proceedings: Rozenblit v Vainer [2018] HCA 23
Last Wednesday, 13 June 2018, the High Court of Australia unanimously allowed an appeal from the Court of Appeal of the Supreme Court of Victoria. The appeal, brought by Mr Rozenblit (the Appellant), concerned an order for a stay of proceedings made by the primary judge of the Supreme Court of Victoria under rule 63.03(3)(a) of the Supreme Court (General Civil Procedure) Rules 2015 (Vic) (the "Rules"). In allowing the appeal, the High Court unanimously held that the primary judge's discretion to stay the original proceedings was miscarried (15 June 2018). More...

Establishment of peak body to counter elder abuse
A new group to be launched by the Attorney-General will focus on supporting older Australians and protecting them from elder abuse (14 June 2018). More...

High Court allows appeal in Defamation Case from VSCA: Trkulja v Google LLC [2018] HCA 25
On 13 June 2018, the High Court of Australia unanimously allowed an appeal from the Supreme Court of Victoria's Court of Appeal (VSCA). The decision overturned was a summary dismissal of a defamation proceeding brought by Michael Trkulja (the "Appellant") against Google LLC (the "Respondent"). The Court, with Chief Justice Kiefel, Justices Bell, Keane, Nettle and Gordon residing, held that the proceeding has a real prospect of success, contrary to the judgment of the VSCA (13 June 2018). More...

New appointment to Equal Opportunity Board
The Andrews Labor Government has announced the appointment of Rebecca Dabbs to the Board of the Victorian Equal Opportunity and Human Rights Commission (13 June 2018). More...

Australian Government response to the Royal Commission into Child Sexual Abuse
The Turnbull Government will establish a National Office for Child Safety and issue a formal apology in response to the Royal Commission into Institutional Responses to Child Sexual Abuse (13 June 2018). More...

In practice and courts

Commonwealth Ombudsman: Commonwealth Ombudsman releases issues paper into the administration of the international student protection framework.
The Commonwealth Ombudsman, Mr Michael Manthorpe, has released an issues paper into the administration of the international student protection framework (15 June 2018). More...

Australian Bar Association Submissions
INSLM: Review of the prosecution and sentencing of children for Commonwealth terrorist offences (19 June 2018)
Submission to the Joint Select Committee on Constitutional Recognition Relating to Aboriginal and Torres Strait Islander Peoples (14 June 2018)

LCA Submissions
Supplementary Submission: Proposed amendments to the Foreign Influence Transparency Scheme Bill 2017 (FITS Bill) (20 June 2018) —Law Council
Proposed amendments to the Foreign Influence Transparency Scheme Bill 2017 (FITS Bill) (15 June 2018)—Law Council

Australian Government Response to the Royal Commission into Institutional Responses to Child Sexual Abuse
The Australian Government is committed to ensuring that children in institutional care are safe and protected from abuse. On 13 June 2018, the Australian Government tabled its response to the Royal Commission into Institutional Responses to Child Sexual Abuse. More...

Deferred prosecution agreement scheme code of practice
Submissions close on Monday, 9 July 2018. The draft code provides guidance on the intended operation of the DPA scheme and outlines the DPA process for industry, from the point of entering into DPA negotiations to fulfilling the terms of a DPA. More...

OAIC statement update: Joint Statement on the PageUp Limited Data Incident
While recognising that investigations are ongoing and that the situation may therefore change, the ACSC emphasises that there is a significant distinction between information being accessed (which means there has been a systems breach) and information being exfiltrated by the offender. In other words, no Australian information may actually have been stolen (18 June 2018). More...

Acting Australian Information Commissioner and acting Privacy Commissioner approves variations to the Privacy (Credit Reporting) Code 2014
On 29 May 2018, the acting Australian Information Commissioner and acting Privacy Commissioner approved a variation of the registered Privacy (Credit Reporting) Code 2014 Version 1.2 (CR Code Version 1.2). The variations are proposed to commence on 1 July 2018. More...

Human rights and technology
New challenges to our basic rights and freedoms in an age of big data, artificial intelligence and social media, will be explored by leaders in industry, government and academia at a landmark event in Sydney. The Australian Human Rights Commission's Human Rights and Technology conference will take place on 24 July 2018, at the Four Seasons Hotel in Sydney. More...

ALRC Discussion Paper: Class Action Proceedings and Third-Party Litigation Funders (DP 85)
The ALRC invites submissions in response to the proposals, questions and analysis in the Discussion Paper, which is available here. Submissions are due to the ALRC by 30 July, 2018.

AAT Bulletins 2018
Issue No. 23/2018, 18 June 2018
Issue No. 22/2018, 12 June 2018

Reminder: Mandatory data reporting update
A number of certifying authorities are already reporting data, and each of the three reporting options (API, SFTP and mobile app) are available and in use. Councils and certifiers should be preparing for the 1 July 2018 mandatory reporting date. The Board will have an education focus fo the first six months after this date.
More information:
API and SFTP specifications
April 2018 roadshow presentation
Certification data reporting and FAQs

Copyright modernisation consultation
Submissions due by 04 July 2028

OAIC Key dates
Australian Government Agencies Privacy Code — Commences 1 July 2018


QLS Reminder to practitioners – restrictions on filed material
The Supreme, District and Land Courts Service reminds practitioners that the Uniform Civil Procedure Rules 1999 reflect the principle that 'justice must not only be done but be seen to be done' in that the rules relating to searching and copying filed documents create a very open regime (20 June 2018). More...

Practice Directions– restrictions on filed material
The Supreme Court Practice Direction 15 of 2013 and District Court Practice Direction 13 of 2013 (the PDs) place restrictions on what can be accessed by non-parties to proceedings. The PDs are designed to ensure that filed material subject to relevant legislative restrictions is managed appropriately by the registry and not made available to any person who is not a party to the action.

OIC Queensland New Guideline: Online and on your phone: processing access applications for social media, webmail and text messages
OIC's new guideline Online and on your phone will assist agencies in identifying when these will be classed as documents of an agency or a Minister, as well as on capturing and processing these documents as part of an access application (18 June 2018). More...

OIC Queensland: Working with applicants – scoping out the way forward
The OIC has updated the guideline Assessing the Terms of an Access Application. This guideline was written to bring existing principles together to provide convenient guidance for agencies dealing with applications where the documents sought by an applicant cannot be identified (12 June 2018). More...

OIC Queensland Follow-up audit report – Council of the City of Gold Coast
On Tuesday, 12 June 2018, the Chair of the Legal Affairs and Community Safety parliamentary committee tabled our report into the Council of the City of Gold Coast's progress in implementing the 14 recommendations of our 2015-16 compliance review with the Right to Information Act 2009 (Qld) and the Information Privacy Act 2009 (Qld). More...

CCC Prosecutions
CCC determines there are no grounds to investigate Adani and Isaac Regional Council - 22 June 2018
The Crime and Corruption Commission has determined it is in the public interest to advise it has completed its assessment of a financial arrangement between Adani Australia and Isaac Regional Council.

CCC finalises investigation into QPS officers' conduct at Coronial Inquest and during Operation Bravo Vista - 13 June 2018
The CCC has completed its investigation into allegations of possible police misconduct, corrupt conduct and criminal conduct, including perjury relating to Operation Bravo Vista, the Queensland Police Service's (QPS) investigation into the disappearance of Daniel Morcombe and subsequent evidence given at the Coronial Inquest.

QAO Consultation: Delivery of shared services in Queensland
The objective of this audit is to assess whether the Queensland Government's shared service functions are delivering value for money now, and are well positioned to successfully deliver into the future. More...

Queensland Sentencing Advisory Council: Call for submissions — Sentencing for child homicide offences
The Queensland Sentencing Advisory Council is seeking your views on sentencing for child homicide offences. Community input into the review is important to ensure the views of Queenslanders can be taken into account by the Council in its advice to the Attorney-General. The Submissions deadline is 31 July 2018. Click to see the summary paper and consultation paper. Click to make a submission.

Published – articles, papers, reports

'Falling through the cracks'
Robert Gruhn; Ethnic Communities' Council of Victoria: 21 June 2018
The consultation findings presented in this paper confirm that the inability to access mental health services in a timely and effective manner leads to increased disadvantage and disengagement for culturally diverse individuals who are already highly vulnerable in many cases. More...

Compliance with Foreign Investment Obligations for Residential Real Estate
ANAO Report No 48: 19 June 2018
The objective of this audit was to assess the effectiveness of the Australian Taxation Office's (ATO) and Treasury's management of compliance with foreign investment obligations for residential real estate. More...

Interim Report on Key Financial Controls of Major Entities
ANAO Report No 47: 14 June 2018
The Australian National Audit Office (ANAO) publishes two reports annually addressing the outcomes of the financial statement audits of Australian government entities and the Consolidated Financial Statements (CFS) of the Australian Government, to provide the Parliament of Australia with an independent examination of the financial accounting and reporting of public sector entities. More...

When saying no is not an option: forced marriage in Australia and New Zealand
Samantha Lyneham, Samantha Bricknell; Australian Institute of Criminology: 15 June 2018
This report uses interviews with victims of forced marriage, community members, and government and non-government stakeholders in Australia and New Zealand, to describe the perceptions and realities of forced marriage. More...

Investigation into the administration of the Fairness Fund for taxi and hire car licence holders
Victorian Ombudsman: 14 June 2018
Taxi and hire car licence holders were given the "bureaucratic run-around" when seeking payments from the Fairness Fund set up by the state government to provide them prompt financial assistance, the Victorian Ombudsman has found. More...


Bosanac v Commissioner of Taxation [2018] FCA 946
INCOME TAX – appeal by taxpayer from objection decision disallowing objections to notices of amended assessment – whether applicant discharged onus of proving impugned assessments were excessive.
ADMINISTRATIVE LAW – where Commissioner excluded applicant from "Project DO IT" initiative – challenge to validity of the resulting amended assessments and assessments of shortfall penalty pursuant to s 39B of the Judiciary Act 1903 (Cth) – whether reliance upon this initiative was justiciable in Pt IVC tax appeals.

Australian Building and Construction Commissioner v Construction, Forestry, Mining and Energy Union (The Laverton North and Cheltenham Premises Case) [2018] FCAFC 88
STATUTORY INTERPRETATION – meaning of "exercising, or seeking to exercise, rights in accordance with this Part" in s 500 of the Fair Work Act 2009 (Cth) – whether a permit holder who refuses or fails to comply with s 487 or s 498 could be found to be exercising or seeking to exercise a right in accordance with Part 3-4 of the Fair Work Act 2009 (Cth) – whether "in accordance with" means "in conformity with" or "covered by".
STATUTORY INTERPRETATION – meaning of "otherwise act in an improper manner" in s 500 of the Fair Work Act 2009 (Cth) – whether a bare failure to comply with s 487 or s 489 constitutes acting in an improper manner.
STATUTORY INTERPRETATION – meaning of "workplace right" in s 341(1) of the Fair Work Act 2009 (Cth) – whether the ability of an occupier to request the production of authority documents under s 489 constitutes an entitlement to the benefit of, or a role or responsibility under, a workplace law for the purposes of s 341(1)(a) – whether a request for authority documents constitutes initiation of, or participation in, a process or proceeding under a workplace law for the purposes of s 341(1)(b). Building and Construction Industry Improvement Act 2005 (Cth) ss 36(1), 36(1)(b).

Rex Bashford and Department of Jobs and Small Business (Freedom of information) [2018] AICmr 55
Freedom of Information — Whether documents subject to legal professional privilege — (CTH) Freedom of Information Act 1982 s 42.

Read v Military Rehabilitation and Compensation Commission [2018] FCA 848
ADMINISTRATIVE LAW – military compensation – appeal against decision of the Administrative Appeals Tribunal – whether a want of logicality in Tribunal's reasons – omission of a link in findings of fact as to why applicant ineligible for compensation because he did not suffer from the metal ailment claimed. Held – appeal allowed, decision of the Administrative Appeals Tribunal set aside.
PRACTICE AND PROCEDURE – appeal against decision of the Administrative Appeals Tribunal – power of the Court under s 44 of the Administrative Appeals Tribunal Act 1975 (Cth) to make prescriptive remitter order.

Ugarin Pty Ltd v Lockyer Valley Regional Council [2018] QCA 121
ADMINISTRATIVE LAW – JUDICIAL REVIEW – GROUNDS OF REVIEW – JURISDICTIONAL MATTERS – where the appellant owns 22 hectares of land that has been developed for use as a shopping centre – where the appellant's land is situated within the local government area of the respondent – where the respondent issued a rates notice to the appellant in 2015 stating that its land was within differential general rates category 8 – where the effect of this was that the rates payable by the appellant increased compared to previous years – where the appellant submits that the respondent could only levy rates and categorise rateable land by resolution at its budget meeting – where the appellant submits that there had been no actual approval by resolution of the Land Use Codes that had altered the rates – where s 94 of the Local Government Act 2009 does not constrain the form of the resolution constituting a local government's decision to categorise rateable land – where reg 81 of the Local Government Regulation 2012 requires that the resolution state the different categories of rateable land and describe each of them – whether the Land Use Codes had been adopted by resolution in the manner required by reg 81 of the Local Government Regulation 2012.

Chibanda v Chief Executive, Queensland Health [2018] QSC 128
ADMINISTRATIVE LAW – JUDICIAL REVIEW – PROCEDURE AND EVIDENCE – TIME FOR APPLICATION – where applicant applies for judicial review several years after "decisions" made – whether applicant ought be granted extension of time where no adequate explanation for delay.



Court and Tribunal Legislation Amendment (Fees and Juror Remuneration) Regulations 2018
21 June 2018 - These regulations amend multiple regulations to update the fees payable in the federal courts and tribunals, and juror remuneration in the Federal Court of Australia. These regulations provide that fees and juror remuneration will index to Consumer Price Index (CPI) annually, rather than biennially. Additionally, the regulation increases base fees payable in the High Court of Australia (17.5%), the Federal Court (3.9%) and for general federal law matters in the Federal Circuit Court of Australia (3.9%).


Commonwealth Electoral Amendment (Lowering Voting Age and Increasing Voter Participation) Bill 2018
19 June 2018 - The changes to the Commonwealth Electoral Act 1918 are intended to lower the minimum age of a voter in Australian federal elections and referenda from 18 to 16 years of age, while keeping the minimum age of compulsory voting and eligibility to stand as a federal parliamentarian at 18 years of age.

National Redress Scheme for Institutional Child Sexual Abuse Bill 2018
Finally passed both Houses 19 Jun 2018 Assent Act no: 45 Year: 2018 21 June 2018
Introduced with the National Redress Scheme for Institutional Child Sexual Abuse (Consequential Amendments) Bill 2018, the bill implements the joint response of the Commonwealth Government, the government of each participating state and territory, and each participating non-government institution to recommendations of the Royal Commission into Institutional Responses to Child Sexual Abuse's Redress and Civil Litigation Report by: establishing the National Redress Scheme for Institutional Child Sexual Abuse to operate for a 10-year period from 1 July 2018; providing a payment of up to $150 000 to survivors; providing access to counselling and psychological services to survivors; and providing an option for survivors to receive a direct personal response from the responsible institution. More...

National Redress Scheme for Institutional Child Sexual Abuse (Consequential Amendments) Bill 2018
Finally passed both Houses 19 June 2018 Assent Act no: 46 Year: 2018 21 June 2018
Introduced with the National Redress Scheme for Institutional Child Sexual Abuse Bill 2018, the bill amends the Administrative Decisions (Judicial Review) Act 1997 to exempt decisions made under the national redress scheme from judicial review; Freedom of Information Act 1982 to exempt protected information from disclosure under the Act; Social Security (Administration) Act 1999 to enable the use and disclosure of protected information if it is done for the purposes of the national redress scheme; and Age Discrimination Act 2004 to enable the exclusion of children applying to the national redress scheme if they will not turn 18 during the life of the scheme. HR Third reading 29 May 2018. More...


Criminal Code Amendment (Impersonating a Commonwealth Body) Act No 44 of 2018
Registered 22 June 2018 Date of Assent 21 June 2018


Subordinate legislation as made
No 82 Civil Liability and Other Legislation (Prescribed Amounts) Amendment Regulation 2018 (22 June 2018).
Part 2 Amendment of Civil Liability Regulation 2014 - 4 Amendment of s 6 (Prescribed amount of damages for loss of consortium or loss of servitium—Act , s 58 (1) (b) ) ; 5 Amendment of s 9 (Prescribed amount of award for future loss—Act , s 64 (2) ); 6 Amendment of sch 7 (General damages calculation provisions).

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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