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.


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.



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.


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


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.

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