Australia: Queensland Government Bulletin – 7 August 2018

Last Updated: 13 August 2018
Article by Paul Venus, Stephen Burton, Suzy Cairney and Trent Taylor

Most Read Contributor in Australia, September 2018

In the media

Queensland man jailed for 17 years over terror plot
Agim Kruezi, 25, is sentenced to 17 years' jail after prosecutors said he was planning a terror attack when he was found with a gun, bomb-making materials and an Islamic State flag (31 July 2018). More...

Proposed abortion laws will improve access for regional and remote women, pro-choice advocates say
Pro-choice advocates have thrown their support behind proposed changes to Queensland's abortion laws, saying it will give women in regional and remote areas better access to services (26 July 2018). More...

Mongrel Mob to be outlawed in Queensland
A gang originally founded in New Zealand, Mongrel Mob, will be declared an 'identified organisation', as part of the Palaszczuk Government's commitment to strike-out organised crime in Queensland (26 July 2018). More...

Civil and workplace surveillance laws to be examined
The Queensland Law Reform Commission (QLRC) will examine the need to strengthen legislation around the use of surveillance devices and technologies in both the civil and workplace environments, Attorney-General and Minister for Justice Yvette D'Ath has announced (26 July 2018). More...

Fair go for workers in Fair Work plan
The Fair Work Commission has launched a 12 month plan to improve access to information and reduce the complexity of processes for its users (02 August 2018). More...

Vatican 'requirement to cover up child abuse' still stands, expert says
Canon law still requires Catholic bishops to not report child sexual abuse to authorities in states where reporting laws do not require it, a canon law specialist says (02 August 2018). More...

Penalties necessary for effective Modern Slavery laws
Financial penalties should be levied upon entities that fail to report their modern slavery risks under the proposed legislation, the Law Council tells a parliamentary committee (03 August 2018). More...

Strengthening parole to keep police killers in prison
The amendments to the Corrections Act 1986 will name Craig Minogue and strengthen the legislation to ensure any other future or current offenders who kill police officers are not released on parole (24 July 2018). More...

In practice and courts

LCA Update 30 July 2018
The Law Council Update for 26 July 2018 is out now, featuring articles on cross-examination of parties in family violence cases, the International Bar Association global survey on bullying and sexual harassment, and the second round of reporting on the Equitable Briefing Policy. Catch up on upcoming events, submissions to parliamentary committees and other inquiries, as well as LCA media releases and mentions in the media. More...

OAIC: Notifiable Data Breaches second Quarterly report released
The Office of the Australian Information Commissioner (OAIC) has received 242 notifications under the Notifiable Data Breaches (NDB) scheme in the period 1 April to 30 June 2018, according to the second quarterly statistical report on data breach notifications received under the scheme. This is the first full quarter of operation of the NDB scheme since it commenced on 22 February 2018. The private health sector is the top sector for reporting data breaches under the Australian NDB scheme with 49 notifications in the quarter (31 July 2018). More...

Statutory Review of the amalgamated Administrative Appeals Tribunal
The review seeks to identify whether the operations of the Tribunal can be further improved to enhance the efficiency and effectiveness of the Commonwealth merits review jurisdiction and support high quality and consistent government decision making. Details about how to make a submission are on the Attorney-General's Department's website. The terms of reference for the Review are can be found here (27 July 2018).

Reminder: Australian Digital Health Agency three month "opt-out period" for My Health Record
As announced by the Australian Digital Health Agency, every Australian will be offered a My Health Record unless they choose not to have one during the three-month opt out period that will run from 16 July to 15 October 2018. A national communications strategy will be implemented to explain the opt-out process. During the opt out period individuals who do not want a record will be able to opt out by visiting the My Health Record website. More...

Law Council of Australia Submissions
26 July 2018—Law Council
Supplementary submission: Family Law Amendment (Family Violence and Cross-examination of Parties) Bill 2018

24 July 2018—Law Council
Modern Slavery Bill 2018

AAT Bulletins 2018
Issue No. 29/2018, 30 July 2018
Issue No. 28/2018, 23 July 2018

OAIC: My Health Record opt-out period has commenced
Until 15 October 2018, you have the choice to advise the Australian Digital Health Agency (ADHA) if you do not want a My Health Record to be automatically created for you (16 July 2018). More...

QLRC: Civil surveillance and privacy review; Workplace surveillance review
Employers use optical surveillance, data monitoring and tracking devices for a number of legitimate reasons, including to ensure employee health and safety, protect property from theft and damage, prevent fraud and monitor employee performance. The terms of reference can be found here and the QLRC will report back by 1 July 2019 (civil surveillance) and by 30 June 2020 (workplace surveillance).

QAO Consultation: Coronial services
The objective of this audit is to assess whether agencies are effective and efficient in supporting the coroner to investigate and help prevent deaths. More...

OAIC Queensland Latest Cases -Laloyianni and Queensland Police Service [2018] QICmr 33 (24 July 2018)
ADMINISTRATIVE LAW - RIGHT TO INFORMATION - REFUSAL OF ACCESS - INFORMATION AS TO EXISTENCE OF PARTICULAR DOCUMENTS - request for information about complaints involving a named individual - whether section 55 of the Right to Information Act 2009 (Qld) applies to neither confirm nor deny the existence of documents containing the requested information. More...

Queensland Sentencing Advisory Council
Registrations now openExpanding the toolbox: sentencing reform across Australia
Date: 8 August 2018

Published – articles, papers, reports

Report of the review of Australia's sports integrity arrangements
James Wood, David Howman, Ray Murrihy; Department of Health (Australia): 02 August 2018
This review was commissioned by the Turnbull Government, in response to the growing global threat to the integrity of sport - recognising that a fair, safe and strong sport sector, free from corruption, is inherently valuable to sports participants, sporting organisations and the 14 million Australians who participate in sport annually.

Corruption risks associated with public regulatory authorities
Independent Broad-based Anti-Corruption Commission (IBAC): 26 July 2018
This report provides an overview of the corruption risks associated with public regulatory authorities in Victoria. It explores the causes of these risks, the factors that drive corruption risks in these authorities, and potential prevention, reporting and detection measures.

Complaints to the Ombudsman: Resolving them early
Victorian Ombudsman: 25 July 2018
This casebook includes thirteen summaries of matters dealt with by the Victorian Ombudsman's Early Resolution Team, grouped under five themes - 'Quick fix', 'Encouraging dialogue', 'Applying discretion', 'Influencing policy' and 'Resolving systemic issues informally'.

NSW Custody Statistics: Quarterly update June 2018
BOSCAR: 30 July 2018
Overall the adult prison population continues to grow, increasing by 4.1 per cent in the last 12 months. As of June this year, the prison population stood at 13,630. The increase is attributable to a steady growth in both prisoners on remand (i.e. unconvicted prisoners awaiting trial or sentence) and sentenced prisoners.

Preparing for copyright term changes in 2019
National and State Libraries Australasia: 25 July 2018
This discussion paper identifies the major library policies, systems and staff activities that will be affected by changes to the copyright duration provisions of the Copyright Act 1968 (Cth), due to come into effect on 1 January 2019.

Human rights and technology issues paper
Australian Human Rights Commission: 24 July 2018
The release of this issues paper marks the formal launch of the Australian Human Rights Commission's major project on human rights and technology.

Cases

Trask Development Corporation No 2 Pty Ltd v Moreton Bay Regional Council [2018] QSC 170
ADMINISTRATIVE LAW JUDICIAL REVIEW MEANING OF DECISION GENERALLY where a developer submitted a request for mapping change of an overlay map to the council via an online form where the council refused the request where the developer applied for a statutory order of review of that refusal where the council applied to have the application summarily dismissed under rule 16 of the Uniform Civil Procedure Rules 1999 and section 48 if the Judicial Review Act 1991 whether the refusal was a decision to which the Judicial Review Act 1991 applied.
ADMINISTRATIVE LAW JUDICIAL REVIEW DECISIONS UNDER AN ENACTMENT DECISIONS UNDER INSTRUMENTS where the council applied to summarily dismiss the application by a developer for statutory review of a refusal to amend an overlay map whether the refusal was made under an enactment.
ADMINISTRATIVE LAW JUDICIAL REVIEW GENERALLY where the council applied to summarily dismiss the application by a developer for statutory review of a refusal to amend an overlay map where the council alleged that the application did not comply with section 25 of the Judicial Review Act 1991 because it did not set out the grounds whether the application complied with section 25 of the Judicial Review Act 1991.

Watney v Kencian [2018] QDC 135
DEFAMATION – ACTIONS FOR DEFAMATION – COSTS – SETTLEMENT OFFER - trial – where jury found the publication conveyed the meanings, but found that none of the meanings were defamatory - appeal allowed – findings of jury that meanings were not defamatory set aside and answered affirmative – costs of first trial reserved to await outcome of new trial - new trial limited to availability of defences of qualified privilege and honest opinion and, if applicable, damages – amendment of defence after first trial and appeal to include new defence of triviality pursuant to s 33 of Defamation Act 2005 (Qld) – amendment allowed on first day of new trial – jury questions agreed – jury found defence of triviality proved and not required to find on other defences – judgment for the defendants – whether costs of first trial thrown away amendment – conduct of parties in proceeding - whether defendants' correspondence a 'settlement offer' before proceedings determined within meaning of s 40 of the Act – whether unreasonable response to offer - whether defendants' ought have costs on an indemnity basis.

McGuire v Queensland Building and Construction Commission [2018] QCAT 226
ADMINISTRATIVE LAW – ADMINISTRATIVE TRIBUNALS – QUEENSLAND CIVIL AND ADMINISTRATIVE TRIBUNAL – administrative review – building and construction – application to review a decision of the Queensland Building and Construction Commission – the decision under review, the jurisdiction of the Tribunal to review other decisions.

Legislation

Commonwealth

Criminal Code (Terrorist Organisation—Hamas' Izz al-Din al-Qassam Brigades) Regulations 2018
03/08/2018 - These regulations list Hamas' Izz al-Din al-Qassam Brigades for the purposes of paragraph (b) of the definition of 'terrorist organistion' in subsection 102.1(1) of the Criminal Code, for a period of three years.

Criminal Code (Terrorist Organisation—Al-Shabaab) Regulations 2018
03/08/2018 - These regulations list Al-Shabaab for the purposes of paragraph (b) of the definition of 'terrorist organistion' in subsection 102.1(1) of the Criminal Code, for a period of three years.

Criminal Code (Terrorist Organisation—Palestinian Islamic Jihad) Regulations 2018
03/08/2018 - These regulations list Palestinian Islamic Jihad for the purposes of paragraph (b) of the definition of 'terrorist organistion' in subsection 102.1(1) of the Criminal Code, for a period of three years.

Acts

Australian Human Rights Commission Act 1986
03/08/2018 - Act No. 125 of 1986 as amended

Freedom of Information Act 1982
02/08/2018 - Act No. 3 of 1982 as amended

Privacy Act 1988
30/07/2018 - Act No. 119 of 1988

Queensland

Subordinate legislation as made
27/07/2018 - No 111 Liquor (Identified Organisation—Mongrel Mob) Amendment Regulation 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.

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
 
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
 
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