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...


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...


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.




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.


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.


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.

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