Australia: Queensland Government Bulletin – 3 October 2018

Last Updated: 5 October 2018
Article by Paul Venus, Stephen Burton, Suzy Cairney and Trent Taylor

Most Read Contributor in Australia, September 2018

In the media

Security of Facebook accounts
The Office of the Australian Information Commissioner (OAIC) has been advised by Facebook of an incident involving the security of Facebook accounts. The OAIC is making inquiries with Facebook about the facts, including the number of Australians who may have been impacted by the incident (29 September 2018). More...

Do Not Call crackdown: Lead My Way pays $285,600
Lead My Way Pty Ltd has paid an infringement notice for $285,600 after an ACMA investigation found that the business made telemarketing calls to numbers on the Do Not Call Register (26 September 2018). More...

Extra judges for Queensland
Queensland Government Attorney-General and Minister for Justice Yvette D'Ath has announced the courts will be expanded, with funding for two more judges to improve the delivery of justice in Queensland. An extra Supreme Court Justice and an extra District Court Judge have been funded and will be appointed in the near future (21 September 2018). More...

In practice and courts

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 here...

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 02 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: OIC Annual Report 2017-18
The OIC Annual Report is now available and provides an overview of our performance towards achieving an informed Queensland that values and respects information rights and responsibilities (27 September 2018). More...

OIC Queensland: Privacy Impact Assessment workshop – 26 November 2018
Participants will work through a hypothetical proposed new program that has significant privacy implications, with a focus on three elements: mapping personal information flows, identifying applicable privacy principles and ensuring compliance with the privacy principles. More...

QAO Delivering shared corporate services in Queensland (Report 3: 2018-19)
In this audit, we assessed whether the Queensland Government's shared service providers are delivering value for money now and are positioned to successfully deliver into the future (27 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, paper, reports

Who reports domestic violence to police? A review of the evidence
Isabella Voce, Hayley Boxall; Australian Institute of Criminology: 25 September 2018
This analysis found that victims who are female, non-white, experiencing frequent violence and who have been abused in the past are more likely to report. More...

Cases

Toogood v Cassowary Coast Regional Council [2018] QCAT 319
ADMINISTRATIVE LAW – ADMINISTRATIVE TRIBUNALS – QUEENSLAND CIVIL AND ADMINISTRATIVE TRIBUNAL – Interlocutory application – disclosure sought by applicant from respondent pursuant to s 62 of the Queensland Civil and Administrative Tribunal Act 2009 (Qld).
HUMAN RIGHTS – PRIVACY LEGISLATION – Where substantive proceedings allege breach of privacy under the Information Privacy Act 2009 (Qld) – whether documents sought in interlocutory application directly relevant to issues in the proceeding – whether documents subject to valid claim to privilege from disclosure.

Mount Isa City Council v The Mount Isa Irish Association Friendly Society Ltd [2018] QCA 222
ADMINISTRATIVE LAW – JUDICIAL REVIEW – GROUNDS OF REVIEW – ERROR OF LAW – Where the appellant resolved to levy utility charges for water – where the appellant issued rates notices to the respondent, which charged the respondent for utility charges for water in respect of rateable land owned by the respondent – where the utility charges were made pursuant to s 94 of the Local Government Act 2009 (Qld) and s 101 of the Local Government Regulation 2012 (Qld) – where the utility charges for the water were not charged using a "2-part charge" – where the utility charges were worked out on the basis of a fixed amount plus an amount for each unit, or part of a unit, of water that is used over a stated quantity – whether the appellant's utility charges for water were charged "wholly according to the water used" under s 101(1)(a) of the Local Government Regulation 2012 (Qld).

Health Ombudsman v Ward [2018] QCAT 304
EVIDENCE – MISCELLANEOUS MATTERS – NON-PUBLICATION OF EVIDENCE – ORDERS – NON-PUBLICATION OF IDENTITY – Where a non-publication order had previously been made in relation to separate but related interim proceedings extending to the protection of the respondent's identity, children and partner – where the respondent applied in these proceedings for a non-publication order preventing publication of identifying information about the respondent, her family and partner – whether it is necessary to make a non-publication order in these proceedings.

Legislation

Commonwealth

Regulation

Statutory Declarations Regulations 2018
17/09/2018 - These regulations set out the prescribed form for making a Commonwealth statutory declaration, list the occupations and persons before whom a Commonwealth statutory declaration can be made and repeal the Statutory Declarations Regulations 1993.

Bills

Criminal Code Amendment (Food Contamination) Bill 2018
HR 20/09/2018 - This Bill amends the Criminal Code (which is a schedule to the Criminal Code Act 1995) to strengthen the protections for Australians from the harms caused by food contamination.

Civil Law and Justice Legislation Amendment Bill 2017
HR Introduced and read a first time 17/09/2018
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.

Government Procurement (Judicial Review) Bill 2017
Senate: Senate Second reading moved 20/09/2018
Enables the Federal Circuit Court of Australia or the Federal Court of Australia to grant an injunction or order payment of compensation in relation to a contravention of the relevant Commonwealth Procurement Rules, so far as those rules relate to a covered procurement.

My Health Records Amendment (Strengthening Privacy) Bill 2018
Senate Second reading moved 19/09/2018
Amends the My Health Records Act 2012 to: remove the ability of the My Health Record System Operator to disclose health information in My Health Records to law enforcement and government agencies without an order by a judicial officer or the healthcare recipient's consent; and require the system operator to permanently delete from the National Repositories Service any health information about a healthcare recipient who has cancelled their My Health Record.

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: 11/09/2018Act 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.

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
Similar Articles
Relevancy Powered by MondaqAI
 
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
 
Similar Articles
Relevancy Powered by MondaqAI
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