In the media
Here's how the Government wants to access messaging
apps to stop crime
New laws will be unveiled aimed at helping the
nation's spy agencies and police monitor and prevent criminal
activity through phones and the internet (14 August 2018).
More...
'I can do what I like': CFMEU fined more than
$500,000 for workplace breaches
Three construction officials who deliberately broke
workplace laws at sites in Queensland and Victoria cost their union
close to $577,000 in fines, in what the Federal Court describes as
"disgraceful and shameful" behaviour (14 August 2018).
More...
Huge rise in use of custodial orders given by
Magistrates Courts
Magistrates are increasingly using custodial sentences in
Queensland courts, research from the Queensland Sentencing Advisory
Council has revealed (07 August 2018).
More...
In practice and courts
Attorney-General Reviews
Legal assistance review
In 2018, separate and concurrent reviews will be undertaken of the
National Partnership Agreement on Legal Assistance Services
2015-2020 (NPA) and the
Indigenous Legal Assistance Program (ILAP).
The reviews will assess the effectiveness, efficiency and
appropriateness of the NPA and the ILAP as mechanisms for achieving
their respective objectives and outcomes within available
resources, and identify best practice and opportunities for
improvement. Submissions close on 28 September 2018.
Statutory Review of the Tribunals Amalgamation Act
2015
The Attorney-General has announced a statutory review of the
amalgamated Administrative Appeals Tribunal to examine whether the
operations of the tribunal can be further improved to enhance its
efficiency and effectiveness in supporting government decision
making. Submissions close on 24 August 2018.
More...
OPCAT (Optional Protocol to the Convention against Torture) in Australia: Consultation Paper: Stage 2. In this second stage of consultation with civil society, the Australian Human Rights Commission invites comments on the proposals set out in the Interim Report, as well as a further set of questions regarding how OPCAT should be implemented in Australia. The two stages of the commission's consultation are intended to be complementary. Feedback is requested by COB Friday 24 August 2018.
Federal Circuit Court Amendment (Costs and Other
Measures) Rules 2018
The judges of the Federal Circuit Court have agreed to
miscellaneous amendments which are outlined in the
Amendment Rules.
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 which has
been extended to 15 November 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.
Law Council of Australia Update
9 August edition Inquires and consultations as of 7 August
2018.
AAT Bulletins 2018
Issue No. 31/2018, 13 August 2018
Issue No. 30/2018, 6 August 2018
Queensland
OIC Queensland Submission - New Australian Government
Data Sharing and Release Legislation
Opening up government data is consistent with, and an
important part of, Queensland's right to information 'push
model'. OIC supports strategies and initiatives, such as Open
Data, that maximise disclosure of government-held information to
the community and provide appropriate protections for the
community's personal information (August 2018).
More...
Sentencing Advisory Council: Sentencing Spotlights
on...offence and sentencing trends
Looking at sentencing outcomes between 1 July 2005 and 30
June 2017, the Sentencing Spotlights on... offence and sentencing
trends in the Magistrates, District and Supreme Courts provide a
picture of sentencing outcomes and how these have changed over
time, and help us to understand sentencing patterns, such as how
judges and magistrates combine penalties to meet the diverse
circumstances of the cases before them (07 August 2018).
More...
View the reports here:
View Sentencing Spotlight on... offence and sentencing trends:
Queensland Supreme and District Courts
View Sentencing Spotlight on... offence and sentencing trends:
Queensland Magistrates Courts
CCC Investigations
CCC finalises Ipswich City Council investigation and tables report
in Parliament - 14 August 2018
The CCC has tabled a report in State Parliament this afternoon
following the completion of its investigation into Ipswich City
Council.
Further charges in Ipswich City Council investigation - 10 August
2018
This afternoon the Crime and Corruption Commission issued two men
with Notices to Appear in Court as a result of its corruption
investigation into Ipswich City Council.
Practice directions
The Chief Justice of the Supreme Court of Queensland has issued
the following practice directions:
Practice Direction 15 of 2018 – Persons under a legal
disability (06 August 2018).
The Chief Judge of the District Court of Queensland has issue
the following practice directions:
Practice Direction 10 of 2014 – Electronic devices in
courtrooms (amended) (08 August 2018).
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 at www.qlrc.qld.gov.au 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, from July-September 2018. More...
Queensland Sentencing Advisory Council
Registrations now open — Expanding the toolbox:
sentencing reform across Australia.
Date: August 2018
More...
Published – articles, papers, reports
Australian National Audit Office (ANAO) Annual Report
2017-18
ANAO: 14 August 2018
This annual report documents the performance of the
Australian National Audit Office (ANAO) in the
financial year ending on 30 June 2018. The report addresses all
applicable obligations under the Public Governance, Performance
and Accountability Act 2013 (PGPA Act); the
Public Governance, Performance and Accountability Rule 2014
(PGPA Rule); the Auditor-General Act
1997.
Anti-racism in
2018 and beyond
Australian Human Rights Commission: 13 August
2018
Since 2015, race has dominated headlines and driven public
debates in a way that many would not have anticipated when the
National Anti-Racism Strategy was last evaluated. Globally, the
rise of anti-immigrant populism has fuelled racism. Australia has
not been immune from this. While our multicultural consensus
remains strong, it has been challenged by some.
The future of
email archives
Task Force on Technical Approaches for Email
Archives
Council on Library and Information Resources: 10 August 2018
This report articulates a conceptual and technical framework
in which current efforts to preserve email can operate not as
competing solutions, but as elements of an interoperable toolkit,
and identifies missing elements and areas for additional community
growth.
Internet
activity – proposed record keeping rules: consultation
paper
Australian Competition and Consumer Commission: 09
August 2018
The purpose of this consultation is to seek submissions from
a range of stakeholders, including industry and data users, on the
ACCC's proposed Internet Activity Record Keeping Rule
(RKR).
Watch out for spit parties: Privacy questions about
recreational genomics
Baer A B, (2018) 15(5) Privacy Law Bulletin 76
This article looks at the privacy aspects of recreational
genomics, an emerging industry in which consumers gift or sell
genomic data to find an association with ancestors or identify
supposed susceptibility to genetic disorders. Salient privacy
concerns include gifting of data that encompasses biological
relatives and the use by law enforcement agencies of large-scale
private sector genomic databases.
Strategic governance of risk: Lessons learnt from public
sector audit
ANAO: 08 August 2018
Grant Hehir, Auditor-General for Australia, attended the
Institute of Internal Auditors-Australia 'Public Sector
Internal Audit Conference' on 31 July 2018, and presented an
opening keynote session titled Strategic governance of risk:
Lessons learnt from public sector audit.
OAICNet 08 August 2018
Notifiable Data Breaches Quarterly Statistics Report
released; My Health Records; Forward priorities for consultation;
Right to Know Day — 28 September 2018; Recent IC review
decisions.
Culture and corruption risks in local government: Lessons
learned from an investigation into Ipswich City Council (Operation
Windage)
CCC: August 2018
The CCC's report titled Culture and corruption risks in
local government: Lessons learned from an investigation into
Ipswich City Council (Operation Windage) outlines the corruption
risks from governance failures and cultural issues in local
government. The CCC has made four recommendations to address these
corruption risks across the broader local government sector.
Improving the recognition of foreign judgments: Model
law on the recognition and enforcement of Foreign Judgments
Commonwealth Secretariat, (2017) 43(3-4) Commonwealth
Law Bulletin 545
This paper describes the background to the Commonwealth Model
Recognition and Enforcement of Foreign Judgments Bill, including
the relationship with Hague Convention on Choice of Court
Agreements, and the present resumed Hague Conference work on a
possible Convention on the recognition and enforcement of foreign
judgments. The paper highlights the differences between these
different initiatives and the relative advantages of the draft
Commonwealth Model Bill.
Cases
Knowles v Australian Information Commissioner
[2018] FCA 1212
PRACTICE AND PROCEDURE – application for summary
dismissal – where the applicant had applied for judicial
review of four decisions of the Australian Information Commissioner
– where the Commissioner sought summary dismissal of the
whole application – whether the application should be
summarily dismissed pursuant to s.31A of the Federal Court of
Australia Act 1976 (Cth) – whether the applicant has no
reasonable prospect of successfully prosecuting the proceeding
– whether there is a real question of contested law or fact
that should be decided at trial. Administrative Decisions
(Judicial Review) Act 1977 (Cth) ss.5(1)(a), 5(1)(f), 5(1)(h),
5(2)(a), 5(2)(b), 6, 6(1)(b), 6(1)(e), 6(1)(f), 6(2)(a), 6(2)(b),
6(2)(f), 10(2)(b)(ii), 16(1)(a), 16(1)(b), 16(1)(c).
Ford v Comcare [2018] FCAFC
127
The appeal be allowed. The Tribunal's decision be set
aside and the matter be remitted to the Tribunal to be determined
according to law. The applicant, Matthew Ford, appeals pursuant to
s.44 of the Administrative Appeals Tribunal Act 1975 (Cth)
from a decision of the Administrative Appeals Tribunal
(Tribunal) affirming the refusal of the
respondent, Comcare, to pay him workers' compensation under
s.14 of the Safety Rehabilitation and Compensation Act
1988 (SRC Act) for an injury he claimed arose
out of or in the course of his employment with the Civil Aviation
and Safety Authority (CASA).
Young v Crime and Corruption Commission
[2018] QCA 190
QUEENSLAND CIVIL PRACTICE – Uniform Civil Procedure
Rules 1999 – Appellate Proceedings Ch 18 – PROCEDURAL
– Rule 747 Content of Notice of Appeal – where the
applicant instituted proceedings against the Crime and Corruption
Commission, which then applied to set aside the Claim and Amended
Statement of Claim – that application was successful and the
Claim and Statement of Claim was struck out – where the
applicant appealed from that decision – where due to the
contents of that Notice of Appeal it came before the President of
the Court of Appeal – where his Honour found that the Notice
of Appeal did not articulate any rational ground of appeal –
where the applicant seeks the leave of the Court to file another
Amended Notice of Appeal – whether the applicant's draft
Notice of Appeal could be articulated in a way that could be
permitted to go forward to the Court of Appeal.
Fisher v Wenzel (No 1) [2018] QCAT
261
REAL PROPERTY – Boundaries of land and
fencing
PROCEDURE – Civil Proceedings in state and territory courts
– Judgments and Orders – Enforcement of judgments and
orders – where respondents brought enforcement proceedings in
Magistrates Court of Queensland against applicants for payment of
contribution for fencing costs – where enforcement
proceedings adjourned because of application to renew Tribunal
orders or reopen proceedings.
ADMINISTRATIVE LAW – Administrative Tribunals –
Queensland Civil and Administrative Tribunal – where
applicants applied for renewal of Tribunal decision or reopening of
proceedings – whether grounds for renewal or reopening
established.
PROCEDURE – Civil proceedings in state and territory courts
– Time, extension and abridgement – where applicants
applied for extension of time for filing application for renewal or
reopening – whether grounds for extension established.
PROCEDURE – Civil proceedings in state and territory courts
– whether application for renewal of decision or reopening of
proceedings frivolous and vexatious and an abuse of process –
whether compensation recoverable – whether restorative
justice available to respondents.
Lee & Anor v Department of Justice and Attorney General
& Ors [2018] QCAT
260
ADMINISTRATIVE LAW – ADMINISTRATIVE TRIBUNALS
– QUEENSLAND CIVIL AND ADMINISTRATIVE TRIBUNAL – agents
– representation – where a real estate agent made a
representation that transfer duty was not payable by the buyers
– where it is alleged the agent made a representation to the
buyers that they would forfeit the deposit if they terminated the
contract – where the buyers had opportunities to avoid or
mitigate financial loss – where the buyers proceeded with the
contract – whether any financial loss suffered as a result of
the representations – where it was held that the buyers have
not established that they have suffered loss as a result of the
representations of the agent.
O'Toole & Anor v Qld Building Company Pty
Ltd [2018] QCAT
257
ADMINISTRATIVE LAW – Administrative Tribunals
– Queensland Civil and Administrative Tribunal – where
applicants did not comply with process established by Queensland
Building and Construction Commission to attempt to resolve a
building dispute before commencing proceeding – where
application dismissed for lack of jurisdiction.
RDF v State of Queensland (Education
Queensland) [2018] QCAT
254
ADMINISTRATIVE LAW – Administrative Tribunals
– Queensland Civil and Administrative Tribunal –
application for an interim order or injunction following referral
of discrimination complaint pursuant to s.58 or s.59 of the
Queensland Civil and Administrative Tribunal Act 2009
(Qld).
HUMAN RIGHTS – DISCRIMINATION LEGISLATION – DIRECT
DISCRIMINATION – where enrolment application for child
accepted by school in error – where child did not meet the
minimum age requirements for enrolment – where respondent
repealed decision to enrol – where applicant submitted this
constituted direct discrimination on the basis of age – where
applicant made complaint of age discrimination to the
Anti-Discrimination Commission Queensland which was referred
– where application for an interim order or injunction
pursuant to s.58 or s.59 of the Queensland Civil and
Administrative Tribunal Act 2009 (Qld).
Hutchinson v Comcare (No 2) [2018]
FCA 1179
PRACTICE AND PROCEDURE – interlocutory application
for summary judgment in respect of all or part of a proceeding
under s.31A of the Federal Court of Australia Act 1976
(Cth) and/or r.26.01 of the Federal Court Rules 2011 (Cth)
– principles relevant to summary judgment applications -
whether no reasonable prospect of success in applicant's claim
that "reprisal action" was taken against her under s.13
of the Public Interest Disclosure Act 2013 (Cth)
(PID Act) – whether claim under the PID Act
is an abuse of process because it is being pursued for collateral
purposes – principles applicable to establishing abuse of
process – application for summary judgment dismissed.
Gropel v Comcare [2018] FCA
1146
ADMINISTRATIVE LAW – appeal from Administrative
Appeals Tribunal – liability to pay compensation under
section 14(1) of the Safety, Rehabilitation and Compensation
Act 1988 (Cth) – when "disease" suffered
within meaning of the term as defined in section 5B – whether
exclusion in definition of "injury" under section 5A
engaged – nature of causal connection required by
exclusionary phrase in section 5A(1). Safety, Rehabilitation
and Compensation Act 1988 (Cth).
Commissioner of Taxation v ACN 154 520 199 Pty Ltd (in liq)
(formerly EBS & Associates Pty Ltd)
[2018] FCA 1140
ADMINISTRATIVE LAW – application for judicial
review of decision by Administrative Appeals Tribunal to issue
direction under s.37(2) of Administrative Appeals Tribunal Act
1975 (Cth) – where direction compels applicant to
produce internal legal advices prepared in relation to respondent
– whether Tribunal erred in forming opinion that the internal
legal advices "may be relevant" to its review –
whether asserted error was a jurisdictional error or an error
within jurisdiction – whether subjective material can be
relevant to objective assessment – held: basis on which
Tribunal formed an opinion that legal advices may be relevant was
not open to it – held: Tribunal's decision to issue
direction was made without lawful formation of the opinion giving
rise to jurisdiction and thus constituted jurisdictional error.
Changshu Longte Grinding Ball Co., Ltd v Parliamentary
Secretary to the Minister for Industry, Innovation and Science (No
2) [2018] FCA 1135
STATUTES – Customs Act 1901 (Cth) –
Part XVB – ferrous grinding balls exported from China to
Australia – judicial review of anti-dumping measures.
STATUTES – Customs (International Obligations Act)
Regulation 2015 (Cth) – determination of cost of
production or manufacture – determination of administrative,
selling and general costs – normal value of goods –
determination of profit.
ADMINISTRATIVE LAW – whether reviewable error in using
benchmark price from third countries to determine cost of
production or manufacture in country of export – whether the
Minister failed to consider a mandatory relevant consideration,
namely comparative advantages or disadvantages in country of export
– whether calculation of amount of profit was illogical,
irrational or unreasonable – whether Minister's decision
is irrational, illogical and unreasonable either in its outcome or
its methodology.
Butler and Commonwealth Scientific and Industrial Research
Organisation (Freedom of information) [2018]
AATA 2668
FREEDOM OF INFORMATION – where Applicant seeks
documents from the CSIRO regarding testing of fire alarms –
whether documents are exempted from the Freedom of Information
Act 1982 (Cth) – section 7 – whether request was
in respect of documents in respect of the CSIRO's commercial
activities – commercial activities – whether activities
undertaken on a commercial basis – whether the CSIRO was in
competition with others – the CSIRO was not in competition
with others – whether it was reasonably expected in the
foreseeable future that the CSIRO would be in competition with
others – the documents are exempted – decision under
review affirmed.
Freedom of Information Act 1982 (Cth), ss.3, 7, 11, 24,
24AA, 24AB, 55K; Science and Industry Research Act 1949
(Cth), ss.9, 9AA.
Cramp Pty Ltd as Trustee for the Cramp Family Trust v
Jongkind [2018] QDC 144
APPEAL AND NEW TRIAL APPEAL PRACTICE AND PROCEDURE -
Costs Appeal under s.222 Justices Act 1886 where complaint
dismissed and costs awarded according to Scale whether matter
involved special difficulty, complexity or importance within the
meaning of s.232A Justices Act 1886 s.158B Justices
Act 1886.
Peachey v The Chief Executive, Department of Justice and
Attorney-General [2018] QCAT
250
ADMINISTRATIVE TRIBUNALS – QUEENSLAND CIVIL AND
ADMINISTRATIVE TRIBUNAL – STATUTES – ACTS OF PARLIAMENT
– INTERPRETATION – PROFESSIONS AND TRADES –
AUCTIONEERS AND AGENTS – STATUTORY OR OTHER FIDELITY OR
COMPENSATION FUND –where claim under the Fund was rejected
– where application filed to review the decision to reject
the claim – where application filed by the decision-maker to
dismiss the review application under s.47 of the Queensland
Civil and Administrative Tribunal Act 2009 (Qld) –
whether claim lodged out of time – whether power to extend
time – whether application to review is misconceived or
lacking in substance.
Legislation
Commonwealth
Acts Compilation
Age
Discrimination Act 2004
C2018C00322 - Act No. 68
Administrative
Decisions (Judicial Review) Act 1977
C2018C00324 – Act No. 59 of 1977
Bills
Plebiscite
(Future Migration Level) Bill 2018
16/08/2018 – The Plebiscite (Future Migration
Level) Bill 2018 (the Bill) would establish the
legislative framework for a compulsory, in-person vote in a
national plebiscite that would ask Australians, in view of the
level of population increase from migration in the ten years to
2016: "Do you think the current rate of immigration to
Australia is too high?".
Regulation
Adult
Disability Assessment Determination 2018
10/08/2018 – This instrument enables the Secretary
to assess the disability, emotional state, behaviour and special
care needs of an adult care receiver and provides a method for
rating the person by giving them a score indicating the level of
physical, intellectual or psychiatric disability of the person. The
instrument includes a test, the Adult Disability Assessment Tool,
for assessing and a method for rating a person's disability,
emotional state, behaviour and special care needs.
Legislation
(Exemptions and Other Matters) Amendment (2018 Measures No. 2)
Regulations 2018
10/08/2028 – No longer in force - These regulations
amend the Legislation (Exemptions and Other Matters) Regulation
2015 to provide for and clarify exemptions from sunsetting for
particular instruments.
Federal
Proceedings (Costs) Regulations 2018
06/08/2018 - These regulations repeal the Federal
Proceedings (Costs) Regulations 1991 and maintain the costs
certificates amounts available for each court.
Queensland
Bills Updated in the last week
National
Redress Scheme for Institutional Child Sexual Abuse (Commonwealth
Powers) Bill 2018
Introduced on 12/06/2018. Stage reached: 2nd reading to be moved
on 9/08/2018
The committee's task was to consider the policy to be achieved
by the legislation and the application of fundamental legislative
principles - that is, to consider whether the Bill has sufficient
regard to the rights and liberties of individuals, and to the
institution of Parliament. The committee recommends that the Bill
be passed.
Police
Powers and Responsibilities and Other Legislation Amendment Bill
2018
Introduced on 12/06/2018. Stage reached: 2nd reading to be moved
on 9/08/2018
Among the measures proposed in this Bill are increased powers for
Queensland police to search properties associated with high risk
missing persons such as young children or prior victims of domestic
violence.
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.