Australia: Queensland Government Bulletin – 19 September 2018

Last Updated: 20 September 2018
Article by Paul Venus, Stephen Burton, Suzy Cairney and Trent Taylor

Most Read Contributor in Australia, September 2018

In the media

Fears of secrecy as QLD Government set to ban information requests on mining rehabilitation fund
The Queensland Government is set to grant a blanket exclusion from right to information requests on a new multi-million-dollar mining and gas rehabilitation fund - going against the advice of the information watchdog (14 September 2018). More...

QLS backs calls for a national judicial commission
Queensland Law Society has backed calls by the Law Council of Australia to introduce a federal judicial commission, following a piece published in The Australian newspaper (13 September 2018). More...

Broader powers for police at airports
Minister for Home Affairs Peter Dutton said the Police Powers at Airports Bill 2018 expands existing powers to enable police to direct a person to provide proof of identity, 'move on' from airport premises, or not take a flight, where they pose a criminal or security threat (12 September 2018). More...

Protecting children with new religious confession laws
People in religious ministry will face criminal charges if they fail to report child abuse – including when disclosed during confession – under new laws to be introduced by a re-elected Andrews Labor Government (7 September 2018). More...

New Commissioners for ECQ and ADCQ
Attorney-General and Minister for Justice Yvette D'Ath has announced two significant appointments for key agencies, subject to the Governor's approval. Pat Vidgen will be Electoral Commissioner for the Electoral Commission of Queensland and Scott McDougall will be Queensland's new Anti-Discrimination Commissioner (5 September 2018). More...

Securing the future of Australian healthcare amid rising data privacy concerns
The statistics are stark: since the Notifiable Data Breach (NDB) scheme came into effect earlier this year, 63 breaches have been reported to authorities in the first two months alone. Healthcare organisations are seemingly prime targets for cybercriminals because of the wealth of personal data they possess and process, as well as the sensitive nature of their data (4 September 2018). More...

Voluntary euthanasia inquiry announced in Queensland, the last state to debate the issue
The Queensland Premier orders an inquiry into end-of-life care, including the issue of voluntary euthanasia, saying the issue must be confronted (2 September 2018). More...

In practice and courts

ABA: Draft rule change of Legal Profession Uniform Conduct (Barristers) Rules 2015
The Legal Services Council agreed with the ABA's proposal to further amend r 101(n) of Legal Profession Uniform Conduct (Barristers) Rules 2015 to ensure that the preclusion rule does not operate retrospectively. The Council has also authorised to approve the ABA to conduct public consultation on draft rule 101A of the Barristers Conduct Rules under s427(5)(b) of the Uniform Law (13 September 2018). More...

AAT Bulletins 2018
Issue No. 35/2018, 10 September 2018
Issue No. 34/2018, 3 September 2018

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.

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.

Human Rights and Technology Issues Paper 2018: consultation
Feedback in response to the Australian Human Rights Commission project on the relationship between human rights and technology closes on 2 October 2018. The consultation paper is available here. The submission form and details on the submission process, as well as further information about the Human Rights and Technology Project, can be found here.

Queensland

OIC Queensland: Submission to the Legal Affairs and Community Safety Committee on the Non-consensual Sharing of Intimate Images Bill 2018
The Office of the Information Commissioner (OIC) has made a submission to the Legal Affairs and Community Safety Committee on the Non-consensual Sharing of Intimate Images Bill 2018 supporting the measures in the Bill (7 September 2018). More...

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...

Published – articles, papers, reports

Imprisonment and recidivism: issues paper
Queensland Productivity Commission: 13 September 2018
The Queensland government has asked the Commission to undertake an inquiry to determine how government resources and policies may be best used to reduce imprisonment and recidivism to improve outcomes for the community.

Everyone's business: Fourth national survey on sexual harassment in Australian workplaces
Australian Human Rights Commission: 12 September 2018
The Australian public has rightly demanded to know more about the pervasiveness and impact of workplace sexual harassment and to see concerted action taken to prevent this behaviour from occurring. Government and employers need reliable data to inform their actions and responses to workplace sexual harassment.

Crime and law enforcement: A quick guide to key internet links
Parliament of Australia: 12 September 2018
This quick guide provides key internet links to websites with information on crime and law enforcement arrangements and issues.

Submission to the Department of Home Affairs on the Exposure Draft of the Telecommunications and Other Legislation Amendment (Assistance and Access) Bill 2018
Adam Molnar, Lizzie O'Shea, Monique Mann, Angus Murray, Peter Tonoli, Bruno Watt, Suelette Dreyfus
Digital Rights Watch: 10 September 2018
Digital Rights Watch collaborated with Australian Privacy Foundation, Electronic Frontiers Australia, Future Wise, The Queensland Council for Civil Liberties, The New South Wales Council for Civil Liberties, Access Now and Blueprint for Free Speech to produce this joint submission.

Draft Charter of Aged Care Rights: Consultation paper
Department of Health (Australia): 5 September 2018
This consultation paper outlines the basis for developing a single Charter of Aged Care Rights and how the draft charter has been developed to date. As noted in the paper, the draft charter is aimed at stimulating feedback from this consultation.

Cases

CXXXVIII v Australian Criminal Intelligence Commission & Anor [2018] FCCA 2400
ADMINISTRATIVE LAW – Application for Judicial Review – Australian Crime Commission – special investigation – federally relevant criminal activity – determination of the Board – conceded first summons issued by examiner invalid by reason of attachment of incorrect superseded determination – whether second summons and notice to produce issued by examiner invalid – improper exercise of power – notice to produce required production of electronic communication devices – whether notice to produce impossible to comply with due to its incoherence – whether requirement to produce thing unfair in nature – whether invalid first notice to produce renders second notice invalid – whether extent of determination unreasonably broad – lack of specificity of determination – whether more particulars of matter to be investigated required to be provided – abuse of process – mobile phone seized pursuant to invalid notice to produce – unreasonableness – re-exercise of administrative power.
Australian Crime Commission Act 2002, ss.4; 7; 7A; 7B; 7C; 21A; 24ABA(1); 28; Administrative Decisions (Judicial Review) Act 1977, ss.5, 6

Wagner & Ors v Harbour Radio Pty Ltd & Ors [2018] QSC 201
DEFAMATION – STATEMENTS AMOUNTING TO DEFAMATION – PARTICULAR STATEMENTS – IMPUTATIONS – Where the plaintiffs sue in respect of 32 separate matters, the majority of which are radio broadcasts – where the defendants admit that they published, or were responsible for the publication of, the 32 matters complained of – where the plaintiffs allege that these publications give rise to 98 defamatory imputations – where the alleged imputations primarily concern the plaintiffs' role in the Grantham Floods of 2011, and the plaintiffs' construction of Wellcamp Airport – where the action was tried by a judge sitting alone – whether the alleged imputations are conveyed – whether the alleged imputations are of and concerning the plaintiffs – whether the alleged imputations are defamatory of the plaintiffs.
DEFAMATION – DEFENCES – JUSTIFICATION – TRUTH – SUBSTANTIAL TRUTH AND CONTEXTUAL TRUTH – FAIR REPORT – MATTER OF PUBLIC INTEREST – OTHER DEFENCES – Where the defendants seek to establish defences of substantial truth, contextual truth, and fair report of proceedings of public concern – where the defendants prior to trial extended to the plaintiffs a written offer to make amends – where the defendants plead that the plaintiffs' failure to accept that offer constitutes a further defence pursuant to s 18 of the Defamation Act 2005 (Qld) – whether the imputations are defensible on any of the pleaded grounds – whether the defendants' offer to make amends was, in all the circumstances, reasonable.
DAMAGES – GENERAL DAMAGES – ASSESSMENT – SPECIAL MATTERS

Kelsey v Logan City Council & Ors (No 6) [2018] QIRC 115
INDUSTRIAL LAW – PUBLIC INTEREST DISCLOSURE – Application for disclosure – where the 3rd to 9th respondents seek orders that the applicant disclose documents falling within six discrete categories – where the application is opposed – principles of disclosure – whether disclosure should be ordered in the circumstances.

Legislation

Commonwealth

Civil Law and Justice Legislation Amendment Bill 2017
Senate: Third reading agreed to 12/09/2018
Amends the: Acts Interpretation Act 1901 and Legislation Act 2003 to clarify the validity of ministerial acts and the operation of provisions about the management of compilations prepared for the Federal Register of Legislation.

Crimes Legislation Amendment (Police Powers at Airports) Bill 2018
HR 12/09/2018 - The Crimes Legislation Amendment (Police Powers at Airports) Bill 2018 (the Bill) amends the Crimes Act 1914 (the Crimes Act) to enhance police powers at Australia's major airports, including by enabling constables and protective service officers (PSOs) 1to: direct a person to produce evidence of their identity ('identity check direction') (section 3UN).

Commonwealth Places and Services (Facial Recognition) Bill 2018
HR 11/09/2018 - The Bill also prohibits wearing of facial coverings when obtaining Commonwealth social services and as a participant in citizenship ceremonies. The Bill is to ensure that Australian national security and citizen safety is paramount, to improve verification of identity, to ensure that Australian values and cultural norms are accepted and respected, and to uphold the equality of women in Australian society.

Queensland

Bills Updated

Disability Services and Other Legislation (Worker Screening) Amendment Bill 2018
Introduced by: Hon C O'Rourke MP on 20/03/2018
Stage reached: Passed on 5/09/2018
Assent Date: 11/09/2018
Act No: 19 of 2018
Commences: see Act for details
The objectives of the Bill are to amend the Police Service Administration Act 1990 to enable Queensland to participate in national information sharing obligations for National Disability Insurance Scheme (NDIS) worker screening under the NDIS Quality and Safeguards Framework.

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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