Australia: Queensland Government Bulletin - 15 October 2018

Last Updated: 22 October 2018
Article by Paul Venus, Stephen Burton, Suzy Cairney and Trent Taylor

Most Read Contributor in Australia, October 2018

In the media

No blanket exception for private schools to expel kids for their sexuality exists – and nor should there be
No blanket exception to anti-discrimination laws currently exists to allow private schools to expel students on the basis of their sexual orientation or gender identity – and no such exemption should ever be introduced, according to the Law Council of Australia (12 October 2018). More...

Trust, transparency and right to information: Accountability in an age of democratic disquiet
A culture of secrecy and a desire for non-disclosure are still commonplace across many areas of politics and the bureaucracy, according to Professor Ken Smith, Dean and Chief Executive of the Australian and New Zealand School of Government (02 October 2018). More...

In practice and courts

Review of national arrangements for the protection and management of identity information
Terms of reference: The Review will consider ways to enhance or strengthen arrangements for the protection, use and management of identity information in Australia. Public submissions will be received until 26 October. The review is to report by the end of November. More...

Law Council of Australia Submissions
05 October 2018—Law Council here.

AAT Bulletins 2018
Issue No. 39/2018, 8 October 2018. More...

ALRC: Review of the Family Law System: Discussion Paper
Published on 2 October 2018 - Consultation Paper here.

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.

Queensland

Legal Affairs and Community Safety Committee - Criminal Code (Non-Consensual Sharing of Intimate Images) Amendment Bill 2018
This report presents a summary of the Legal Affairs and Community Safety Committee's examination of the Criminal Code (Non-consensual Sharing of Intimate Images) Amendment Bill 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. More...

CCC's 2017-18 Annual Report tabled in Parliament
The Crime and Corruption Commission's (CCC) 2017-18 Annual Report has been tabled (02 October 2018). More...

Court Services Queensland Strategic Plan - 2018-2021
This plan is a guiding document which sets out where Queensland Courts would like to be by 2021 and when delivered, will make a positive difference for all Queenslanders (released October 2018). More...

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...

Published - articles, papers, reports

Composition of Australian parliaments by party and gender: a quick guide
APH Research Paper: 10 October 2018. More...

Governing Artificial Intelligence: upholding human rights & dignity
Mark Latonero; Data & Society Research Institute: 10 October 2018
This report assesses how human rights can be applied in the governance of AI and offers initial recommendations for stakeholders, including technology companies, governments, intergovernmental organizations, civil society groups, academia and the United Nations. More...

Estimating the costs of serious and organised crime in Australia 2016–17
Russell G. Smith; Australian Institute of Criminology: 10 October 2018
This report estimates the cost of serious and organised crime in Australia in 2016–17 to be between $23.8b and $47.4b. More...

Investigation into allegations of improper conduct by officers at Goulburn Murray Water
Victorian Ombudsman: 03 October 2018
The former managing director of Goulburn Murray Water claimed - and the former chair approved - reimbursement to which he was not entitled for items including household furniture and alcohol, the Victorian Ombudsman has found Investigation into allegations of improper conduct by former officers at Goulburn Murray Water.

Prisoner use of information and communications technology
Aysha Kerr, Matthew Willis; Australian Institute of Criminology: 02 October 2018
This paper explores some of the ways information and communications technology is being implemented in Australian prisons and internationally, and considers the challenges, risks and benefits of bridging the 'digital divide'. More...

The 2018 Solomon Lecture
Professor Ken Smith delivered the 2018 Solomon Lecture on 'Trust, transparency and right to information: accountability in an age of democratic disquiet' as part of this year's Right to Information Day (RTI Day) activities (02 October 2018). More...

Cases

Herron v HarperCollins Publishers Australia Pty Ltd [2018] FCA 1495
PRACTICE AND PROCEDURE – Application for summary dismissal as abuse of process – whether proceedings would involve unfairness and oppression – whether resources of Court and respondent which would be used disproportionate to interests at stake – application dismissed.
Defamation – media - coronial inquests into the deaths of patients as a result of the administration of deep sleep therapy and electroconvulsive therapy at the Chelmsford Private Hospital and adverse publicity about the treatment of patients.

'PK' and Department of the Prime Minister and Cabinet (Freedom of information) [2018] AICmr 65
Freedom of Information — Whether documents contain deliberative matter prepared for a deliberative purpose — Whether contrary to the public interest to release conditionally exempt documents — Whether reasonable steps taken to locate documents — (Cth) Freedom of Information Act 1982 ss 11A(5), 24A and 47C.

Bourne v Queensland Building and Construction Commission [2018] QSC 231
ADMINISTRATIVE LAW – JUDICIAL REVIEW – REVIEWABLE DECISIONS AND CONDUCT – DECISIONS TO WHICH JUDICIAL REVIEW LEGISLATION APPLIES – GENERALLY – Where the respondent paid money to a former client of the applicant's company pursuant to a statutory insurance scheme – where the applicant owed that money as a debt to the respondent – where the respondent commenced proceedings to recover that debt – where the applicant sought judicial review of the respondent's decision to commence those proceedings – where the respondent brought an application to have the applicant's judicial review application dismissed pursuant to s 48 of the Judicial Review Act 1991 (Qld) – whether the decision to commence proceedings was judicially reviewable – whether the decision to commence proceedings was of an administrative character made under an enactment.

Stevens v Queensland Building and Construction Commission [2018] QCAT 331
ADMINISTRATIVE LAW – ADMINISTRATIVE TRIBUNALS – QUEENSLAND CIVIL AND ADMINISTRATIVE TRIBUNAL – Application to review decision to claim under statutory insurance scheme – where contractor not licensed – whether contractor fraudulently claimed to be licensed – whether contract of insurance came into existence.

Alexandra Dapontes on behalf of the estate of Martha Dapontes v Phillip Kay ATF Lysis Trust [2018] QCAT 329
ADMINISTRATIVE LAW – ADMINISTRATIVE TRIBUNALS – QUEENSLAND CIVIL AND ADMINISTRATIVE TRIBUNAL – Application for leave to be legally represented pursuant to s 43(2)(b) of the Queensland Civil and Administrative Tribunal Act 2009 (Qld).

WB Rural Pty Limited v Commissioner of State Revenue & Anor [2018] QCA 255
CONSTITUTIONAL LAW – OPERATION AND EFFECT OF THE COMMONWEALTH CONSTITUTION – RESTRICTION ON COMMONWEALTH AND STATE LEGISLATION – Where the first respondent issued reassessment notices under the Land Tax Act 2010 (Qld) in respect of property owned by the appellant – where the appellant lodged an objection to the reassessments – where the objects were disallowed and the assessments were confirmed by the first respondent – where the appellant submitted that the power exercised by the first respondent in making assessments and determining objections to such assessments by the making of a reassessment is an exercise of judicial power – whether the exercise of the first respondent's power involves the creation of new rights and duties, or the determination of existing rights and duties.
CONSTITUTIONAL LAW – OPERATION AND EFFECT OF THE COMMONWEALTH CONSTITUTION – RESTRICTION ON COMMONWEALTH AND STATE LEGISLATION – Where the appellant seeks leave to amend the notice of appeal by addition of a new ground, that s 69(1)(b) Taxation Administration Act 2001 (Qld) is invalid because it confers a right of appeal to the Supreme Court only where the amount of disputed tax has already been paid to the first respondent – where this submission was not argued below – where there is no authority for the proposition that a statutory right of appeal from an administrative decision cannot be condition upon the fulfilment of the duty created by that decision – whether leave to amend the notice of appeal by addition of this ground should be granted.

Legislation

Commonwealth

Privacy (Australian Honours System) Public Interest Determination 2018
12/10/2018 - This determination applies to the disclosure of certain information by the Department of Home Affairs to the Office of the Official Secretary to the Governor-General and the Department of the Prime Minister and Cabinet for the purpose of verifying the Australian citizenship and/or permanent residency status of individuals who are the subject of nominations for membership or honorary membership of the Order of Australia, or for other awards in the Australian honours system.

Crimes Legislation Amendment (International Crime Cooperation and Other Measures) Regulations 2018
08/10/2018 - This instrument amends six regulations, consequential to amendments made by the Crimes Legislation Amendment (International Crime Cooperation and Other Measures) Act 2018, the Crimes Legislation Amendment Act (No. 2) 2011 and the Telecommunications Interception and Intelligence Services Legislation Amendment Act 2011.

Queensland

Bills
Criminal Code (Non-consensual Sharing of Intimate Images) Amendment Bill 2018
Introduced by: Hon Y D'Ath MP on 22/08/2018 Stage reached: 2nd reading to be moved on 5/10/2018

Subordinate legislation as made
No 152 Justices (Recording of Pleas and Decisions) Amendment Regulation 2018 05/10/2018
Will amend sections 15 and 16 of the Regulation to provide for the court to record bulk pleas and decisions on a lead bench charge sheet or lead bench cover sheet. Alternatively, for bulk decisions the Amendment Regulation allows decisions to be recorded on a schedule attached to the lead bench charge or cover sheet. By virtue of the definitions of 'decision' and 'order' in section 4 of the Act, the recording of bulk decisions will apply to committals, sentences, bail applications or any other determination made by a magistrate.

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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