Australia: Queensland Government Bulletin – media releases, in practice and courts, articles, papers, reports, cases and legislation

Last Updated: 21 November 2018
Article by Paul Venus, Stephen Burton, Suzy Cairney and Trent Taylor

Most Read Contributor in Australia, November 2018

In the media

Bar Association of Queensland elects first female president - statement from Attorney-General Yvette D'Ath
The Honourable Yvette D'Ath congratulated Rebecca Treston QC on being elected President of the Bar Association of Queensland on Friday. Ms Treston was elected unopposed as the Bar's first female President (02 November 2018). More...

Landmark judgment strengthens patients' rights in compulsory electroconvulsive treatment cases
The Supreme Court of Victoria has today made a landmark decision that strengthens the rights of mental health patients who are facing electroconvulsive treatment (ECT) or 'electro-shock treatment' against their will (01 November 2018). More...

QLS welcomes opportunity to consult on human rights
Queensland Law Society has welcomed the introduction of a Human Rights Bill in Queensland Parliament, after having discussed the proposal for a long time with lawyers on both sides of the fence. Society President Ken Taylor said that a working group has been formed to review the Bill and make relevant submissions (31 October 2018). More...

The ABA rejects the recent analysis of Federal Court judges' productivity
The Australian Bar Association (ABA) is concerned by recent attacks on Federal Court of Australia judges' productivity which portrays the process of justice in too simplistic terms (30 October 2018). More...

In practice and courts

Queensland

QLS: You're invited to provide feedback – legal policy reform
Practitioners are invited to provide feedback as QLS policy committees prepare submissions for reviews of: (1) credit and financial services that target Australians who are at risk of financial hardship and (2) IP Australia Indigenous Knowledge Consultation. More...

First reading: QLS legal policy blog
Our latest articles include: Road to redress: how the Nation Redress Scheme in Queensland has developed over the last six years

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

The children's report
Freyana Irani, Amy Lamoin, Krista Lee-Jones; Australian Child Rights Taskforce: 01 November 2018
In this integrated report, the views of children and young people across Australia sit in close association with the contributions of 93 non-government organisations (NGOs) and subject matter experts committed to improving the protection, promotion and fulfilment of the rights of all children and young people in Australia. More...

Notifiable Data Breaches Quarterly Statistics Report: 1 July – 30 September 2018
Office of the Australian Information Commissioner: 30 October 2018
The quarterly statistics report on the Notifiable Data Breaches (NDB) scheme indicates 57 per cent of incidents were caused by malicious or criminal attack, and 37 per cent resulted from human error. 20 per cent of data breaches over the quarter occurred when personal information was sent to the wrong recipient, by email, mail, fax or other means. The report can be found here.

Australian Tribunals and Alternative Dispute Resolution: A Procedural Justice Perspective
Therese MacDermott, Denise Meyerson (2018) 37(4) Civil Justice Quarterly 443
This article explores the meaning of the concept of procedural justice in the context of the alternative dispute resolution (ADR) procedures of tribunals. It argues that procedural justice should be regarded as informing such procedures, and this can be achieved not simply by transposing the legal rules of procedural fairness as they are currently constructed, but by viewing these procedures through the lens of relational factors.

Cases

Aurizon Network Pty Ltd v Queensland Competition Authority & Ors (No 2) [2018] QSC 250
PROCEDURE – CIVIL PROCEEDINGS IN STATE AND TERRITORY COURTS – COSTS – GENERAL RULE: COSTS FOLLOW EVENT – PARTIAL SUCCESS – where second respondents unsuccessful in opposing extension of time but successful in outcome of proceeding – where opposition to extension of time was significant part of submissions of second respondents – whether costs should be discounted.
ADMINISTRATIVE LAW – JUDICIAL REVIEW – PROCEDURE AND EVIDENCE – COSTS – where second respondents joined under Judicial Review Act 1991 (Qld) s 28 – whether second respondents to be characterised as intervenors – whether second respondents should have their costs – whether costs should be discounted.

Mirvac Queensland Pty Ltd v Chief Executive, Department of Aboriginal and Torres Strait Islander Partnerships [2018] QSC 248
ADMINISTRATIVE LAW – JUDICIAL REVIEW – GROUNDS OF REVIEW – ERROR OF LAW – where the applicant is developing a residential subdivision development project – where the Aboriginal Cultural Heritage Act 2003 (Qld) (ACHA) imposes on the applicant a cultural heritage duty of care – where the applicant developed and sought approval of a cultural heritage management plan under the Act – where the applicant applies for judicial review of the respondent's decision on the grounds that it involved a number of errors of law – whether the respondent erred in law – whether the respondent's decision should be quashed or set aside – whether the respondent should be required to approve the applicant's cultural heritage management plan pursuant to s 107(3) of the ACHA.

Aurizon Network Pty Ltd v Queensland Competition Authority & Ors [2018] QSC 246
ADMINISTRATIVE LAW – JUDICIAL REVIEW – GROUNDS OF REVIEW – PROCEDURAL FAIRNESS – BIAS – APPREHENSION OF BIAS – where draft decision made on draft access undertaking under Queensland Competition Authority Act 1997 (Qld) in relation to central Queensland coal network rail infrastructure – where chair of authority about to be appointed chair of Port of Newcastle – where Port of Newcastle might benefit from reduction in throughput of central Queensland coal network rail infrastructure – where investigation being conducted and draft decision issued –where application for judicial review for apprehended bias – where applicants submit that interest in appointment as chair of Port of Newcastle might cause the fair-minded lay observer to reasonably apprehend that the authority might not bring an impartial mind to the conduct of the investigation of the draft access undertaking and 'decision' to issue the draft decision – whether hypothetical lay observer is taken to be aware of certain facts – whether facts known to hypothetical lay observer give rise to apprehension of bias TRADE AND COMMERCE – COMPETITION, FAIR TRADING AND CONSUMER PROTECTION LEGISLATION – SUPERVISION – OTHER BODIES.

Yeeha Tours and Holidays Pty Ltd v Department of National Parks, Sport and Racing [2018] QCAT 345
ADMINISTRATIVE LAW – ADMINISTRATIVE TRIBUNALS – QUEENSLAND CIVIL AND ADMINISTRATIVE TRIBUNAL – where decision made refusing a permit – where external review of decision sought - whether permit should be granted and original decision set aside.
ENVIRONMENT AND PLANNING – PARKS AND RESERVES – REGULATION OF ACTIVITIES WITHIN PARKS AND RESERVES – where permit sought to operate scenic flights within declared recreation area – where aircraft activities already occur – whether permit should be granted – whether proposed operation satisfactorily manages environmental and safety risks.

Legislation

Commonwealth

Regulation

High Court of Australia (Fees) Amendment Regulations 2018
29/10/2018 - These regulations make consequential amendments to the High Court of Australia (Fees) Regulation 2012 following the High Court Amendment (Constitutional Writs and Other Matters) Rules 2018.

Queensland

Bills

Civil Liability (Institutional Child Abuse) Amendment Bill 2018
Introduced into the Legislative Assembly on 31 October 2018.The objective of the bill, as referred to in the introductory speech is to amend the Civil Liability Act 2003, the Limitation of Actions Act 1974 and the Personal Injuries Proceedings Act 2002 in order to implement recommendations 89 to 94 of the Redress and civil litigation report of the Royal Commission into Institutional Responses to Child Sexual Abuse.

Human Rights Bill 2018
Introduced into the Legislative Assembly on 31 October 2018.The objectives of the bill, as referred to in the explanatory notes, are to: establish and consolidate statutory protections for certain human rights; promote a dialogue about the nature, meaning and scope of human rights; rename and empower the Anti-Discrimination Commissioner Queensland as the Queensland Human Rights Commission.

Crime and Corruption and Other Legislation Amendment Bill 2018
Introduced into the Legislative Assembly 15 February 2018 The objectives of the bill are to:give effect to the Government's election commitment to widen the definition of 'corrupt conduct', and implement recommendations of the Parliamentary Crime and Corruption Committee Reports. The bill was passed with amendment on 1 November 2018.

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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