In the media
No corruption or police misconduct in traffic
infringement withdrawal
The Crime and Corruption Commission
(CCC) has completed its assessment of the
circumstances relating to the withdrawal of a traffic infringement
notice involving the wife of the Commissioner of Police. The CCC is
satisfied there is no evidence to raise any reasonable suspicion of
corrupt conduct or police misconduct (01 March 2019). More...
IBAC's Operation Gloucester public hearings conclude
and identify significant issues with police practices
IBAC's public hearings into Victoria Police practices
when taking witness statements has heard testimony concerning
improper practices that have occurred and continue to occur
IBAC's hearings (01 March 2019). More...
We need a better system to prevent sexual harassment at
work
A diverse coalition of health professionals, legal
experts, unions, sexual assault and community organisations have
submitted a joint statement to the Australian Human Rights
Commission’s national inquiry into sexual harassment at work
(28 February 2019). More...
QLS: Human Rights Bill for Queensland
Queensland Law Society has joined much of the state in
welcoming the historic passing of the Human Rights Bill 2018 in
Queensland Parliament. This Bill adds to already existing rights,
and will lead to the creation of a Queensland Human Rights
Commission (28 February 2019). More...
Historic day for Queenslanders as Human Rights Bill
passes
Attorney-General and Minister for Justice Yvette
D’Ath said the primary aim of the legislation is to ensure
that respect for human rights is embedded in the culture of the
public sector, and that public functions are exercised in a
principled way that is compatible with human rights (27 February
2019). More...
Man charged for allegedly breaching bail
The Crime and Corruption Commission
(CCC) has issued a Notice to Appear in court to a
47-year-old Tarragindi man for allegedly breaching the conditions
of bail. The man will face one charge of breaching bail contrary to
section 29 of the Bail Act 1980. He is expected to appear
in the Brisbane Magistrates Court on 22 March 2019 (22 February
2019). More...
Attack on State's Judiciary concerning
The Law Society of NSW, which represents the interests of
the state’s 34,000 solicitors, has voiced its concerns about
media criticism of the Chief Judge of the Land and Environment
Court of NSW, including media claims of ‘judicial
overreach’ in relation to a recent and extensive judgment by
the Honourable Chief Judge Brian Preston SC (19 February 2019).
More...
Commissioner welcomes COAG endorsement of the National
Principles for Child Safe Organisations
The National Children’s Commissioner, Megan
Mitchell, welcomes the Council of Australian Governments
(COAG) endorsement of the National Principles for
Child Safe Organisations (19 February 2019). More...
LCA: Report highlights why ‘catastrophic’
Family Court merger must be rejected by Senate
A Senate report into the proposed merger of the Family
Court of Australia and Federal Circuit Court has exposed deep flaws
and overwhelming opposition with the plan, says the Law Council of
Australia. The dissenting report also recommended no reform take
place until results from an Australian Law Reform Commission
(ALRC) inquiry are released in April – a
position strongly advocated by the Law Council (19 February 2019).
More...
First stage of suppression order overhaul begins
New reforms by the Andrews Labor Government will help
victims of sexual or family violence offences who want to speak
publicly about their experiences, as part of changes introduced
into Parliament. The Open Courts and Other Acts Amendment Bill
2019, will amend existing laws to reinforce the presumption in
favour of open justice and the disclosure of information in
Victorian courts. (19 February 2019). More...
In practice and courts
LSC: Our Annual Reports 2017-2018 now available
Following tabling in both the NSW and Victorian
Parliaments, 2017-2018 Annual Reports for the
Legal Services Council and the Commissioner for Uniform Legal
Services Regulation are now available (19 February 2019) Inside,
you will find progress reports and comparative data regarding the
Uniform Law. Highlights are outlined here .
ABA Arbitration Inquiry Submission: New deadline 15
March 2019
The Australian Bar Association (ABA) has
asked the Hon Roger Gyles AO QC to inquire into and report on
actions that the ABA can take to enhance opportunities for
Australian Barristers to practice in International Disputes, with a
focus on Arbitration in the Asia-Pacific region. Practitioners are
encouraged to provide their views to Mr Gyles by 15 March 2019. For
details of the Terms of Reference and submission details, click here.
COAG endorses National Principles for Child Safe
Organisations
"The National Principles for Child Safe Organisations
form a national benchmark for organisations working with children
and young people across sectors and the country to develop and
maintain a child safe culture.
To support organisations to implement the National Principles, the
Australian Human Rights Commission has developed practical tools
and resources, which, along with the National Principles, are
available here (19 February 2019).
OAIC: Commissioner’s opening statement —
Senate Estimates 19 February 2019
In the six months from July 2018 to December 2018 OAIC
received over 10,000 enquiries about privacy, freedom of
information and related matters. We received 524 requests to review
freedom of information decisions of Australian government agencies,
up 42 per cent on the same period the previous year. More...
High Court of Australia Bulletins
High Court of Australia Bulletin [2019] HCAB 01 (26
February 2019). More...
New victims and witnesses’ website
The CDPP has launched a new website to
provide information about the prosecution process to victims,
witnesses, their carers and support people (26 February 2019).
More...
Attorney General Department: Court appointments
22 February 2019 Appointment to the Family Court of
Australia
22 February 2019 Appointments to the Federal Court of
Australia
Queensland
CCC: Changes to the Crime and
Corruption Act 2001
The definition of corrupt conduct (section
15)
Record-keeping requirements for assessment
decisions (section 40A)
These factsheets have been prepared to advise units of public
administration (UPAs) about: the changes to the
Crime and Corruption Act 2001 that are directly relevant
to them and the actions they must take under the new legislation
(February 2019).
OIC Queensland: Current cases
20/02/2019 - G78QTW and Department of Education [2019]
QICmr 5 (20 February 2019) | Office of the Information Commissioner
Queensland
18/02/2019- DJ6G7Y and Queensland Police Service [2019]
QICmr 4 (18 February 2019) | Office of the Information Commissioner
Queensland
14/02/2019- XX5WZ9 and Queensland Police Service [2019]
QICmr 3 (14 February 2019) | Office of the Information Commissioner
Queensland
14/02/2019- Zacka and Fraser Coast Regional Council; BGM
Projects Pty Ltd (Third Party) & Ors [2019] QICmr 2 (14
February 2019) | Office of the Information Commissioner
Queensland
OIC Queensland: Audit of information management
maturity
Queensland’s Office of the Information
Commissioner’s audit report on departmental information
management was tabled in Parliament (14 February 2019). This report
presents Queensland Government departments’ reported targets
for information management, and their self‑assessed
information management maturity. More...
QAO: Queensland state government: 2017–18 results
of financial audits(Report 14: 2018–19)
This report summarises the results of our financial audits
for all entities that the Queensland Government owns or controls.
Report tabled 28 February 2019. More...
QAO Advice: Effective management reporting
Our audits tell us that many executives lack access to the
right information when making decisions.
For those charged with governance, good management reporting gives
the right people the right information at the right time (8
February 2019). More...
Published - articles, papers, reports
Federal election 2016—Reissue #2
APH Research Paper: 25 February 2019
This paper provides a comprehensive set of statistical tables
regarding the 2016 Federal election held on 2July 2016 and updates
the Senate tables, previously published in the papers Federal
election 2016 (initial results)and Federal election
2016—Reissue(showing the 2017 special counts in Western
Australia and South Australia),affected by the 2017 special counts
in New South Wales, Queensland, Western Australia and Tasmania, and
the 2018 special counts in South Australia and the Australian
Capital Territory. More...
Seven ways the government can make Australians safer
– without compromising online privacy
Damien Manuel, The Conversation; 28 February 2019
If the next government is serious about protecting Australian
businesses and families, here are seven concrete actions it should
take immediately upon taking office, suggests Damien Manuel.
More...
Cross-border justice: exploring ways to improve access
to legal assistance along the NSW/Victorian border
Victoria Legal Aid, Legal Aid New South Wales; Victoria
Legal Aid: 28 February 2019
Many border communities experience complex and unique challenges in
accessing justice and have a proportionally higher demand for legal
services than other parts of Victoria and New South Wales. More...
Review of Model Defamation Provisions: Discussion
paper
Council of Attorneys-General; Department of Justice (NSW):
27 February 2019
This discussion paper invites public feedback on the Model
Defamation Provisions to assess whether the existing laws are
meeting their policy objectives, particularly in response to the
rise of online publications and technological changes since the
provisions were developed. More...
Laws designed to silence: The global crackdown on civil
society organizations
Amnesty International: 21 February 2019
An alarming global trend has surfaced in which states are
introducing and using laws to interfere with the right to freedom
of association and to hamper the work of civil society
organizations and individuals who participate in them. More...
Management of Smart Centres’ Centrelink Telephone
Services — Follow-up
ANAO: 21 February 2019
The objective of the audit was to examine the extent to which the
Department of Human Services (Human Services) has implemented the
recommendations made by the Australian National Audit Office
(ANAO) in Auditor-General Report No. 37 of
2014–15 Management of Smart Centres’ Centrelink
Telephone Services; as well as Human Services’ performance
against call wait time and call blocking metrics . More...
The impact of private versus public legal
representation on criminal proceedings
BOSCAR: 15 February 2019
Legal Aid NSW indictable matters assigned to private defence
lawyers are more likely to be finalised at a later stage in
proceedings and are more likely to be finalised in the Higher
Court. More...
Cases
Westpac Banking Corporation v
Lenthall [2019] FCAFC 34
REPRESENTATIVE PROCEEDINGS – Representative
proceeding under Part IVA of the Federal Court of Australia Act
1976 (Cth) – where primary judge determined making of
common fund order appropriate to do justice in the proceedings
– whether s 33ZF authorises the Court to make common fund
order – relevant considerations – width and purpose of
s 33ZF – nature and purpose of common fund order –
principle of legality – construction of Part IVA.
CONSTITUTIONAL LAW – JUDICIAL POWER – Whether power to
make common fund order part of or incidental to exercise of
judicial power by the Court – conferral of power by
Parliament – capacity of the Court to balance competing
interests and rights – incidental resolution of legal
rights.
CONSTITUTIONAL LAW – ACQUISITION ON JUST TERMS –
Whether common fund order amounts to acquisition of property other
than on just terms – nature of power – order directed
toward appropriate reward for funder upon bearing of costs and risk
– whether nature of benefit to group members
proprietary.
PRACTICE AND PROCEDURE – Whether primary judge erred in
exercise of discretion.
Acts Interpretation Act 1901 (Cth) s 15A; Australian
Constitution s 51(xxxi), 71, 76, 77; Federal Court of Australia
Act 1976 (Cth) ss 5, 21, 22, 23, 33E, 33V, 33X, 33Z, 33ZA,
33ZB, 33ZF, 33ZJ
Chau v Fairfax Media
Publications Pty Ltd [2019] FCA
DEFAMATION – Whether article conveyed alleged
defamatory imputations – whether business, personal and
professional reputation of applicant had been brought into public
disrepute, odium, ridicule and contempt as a result of publication
of those defamatory imputations – where damages and
aggravated damages sought – where alleged imputations denied
– where defence of qualified privilege contended –
publisher’s belief and intention in relation to the
imputations – reasonableness of publisher’s conduct
– malice.
Verdict and judgment be entered for the applicant in the sum of
$280,000 inclusive of the sum of $55,000 in lieu of interest. The
applicant’s application for orders in the nature of
injunctions be dismissed.
Rutherford v Seachange (Land)
Pty Ltd as trustee for Seachange (GC) Unit Trust
[2019] QCAT 33
ADMINISTRATIVE LAW – ADMINISTRATIVE TRIBUNALS
– QUEENSLAND CIVIL AND ADMINISTRATIVE TRIBUNAL – Where
applicant is resident homeowner in a manufactured homes park
– where there are circumstances where applicant wishes to
install solar panels for hot water and power generation –
whether there are further circumstance where park owners refuse to
give necessary consent for the making of changes to the external
appearance of the home – whether the validity of aesthetic
considerations are a reason for refusal in light of sustainable
development amendments to the Building Act 1975
(Qld).
Lawless v Queensland Building
and Construction Commission [2019] QCAT
32
PROFESSIONS AND TRADES – BUILDERS – STATUTORY
POWER TO REQUIRE RECTIFICATION OF DEFECTIVE OR INCOMPLETE BUILDING
WORK – Whether evidence of defective building work –
causes of cracking in dwelling – whether consequential damage
occurred – whether fair to direct builder to rectify –
where builder in liquidation.
ADMINISTRATIVE LAW – ADMINISTRATIVE TRIBUNALS –
QUEENSLAND CIVIL AND ADMINISTRATIVE TRIBUNAL – Where delay
through no fault of the applicant – sufficient reason for
extension of time for making a direction.
Helicopter Resources Pty Ltd v
Commonwealth of Australia [2019] FCAFC
25
ADMINISTRATIVE LAW – Coronial inquest by the Chief
Coroner of the Australian Capital Territory – where summary
criminal proceedings brought by Comcare in the Magistrates Court of
the Australian Capital Territory against the appellant and the
Commonwealth of Australia under the Work Health and Safety Act
2011 (Cth) – where subpoena issued to an employee of the
appellant, Captain Lomas, to give evidence at the hearing in the
inquest – where overlap between the topics on which
Commonwealth intends to cross-examine Captain Lomas and the subject
matter of the criminal proceedings – where s 87(1)(b) of
Evidence Act 1995 (ACT) provided that court must admit as
an admission by a party a previous representation where it is
reasonably open to find that when the representation was made the
person making it was an employee of the party and the
representation related to a matter within the scope of the
person’s employment – whether requiring employee to
give evidence at inquest on matters relating to the criminal charge
against the employer offends the accusatorial principle by
disadvantaging the employer or advantaging co-accused –
whether enforcement of subpoena interference with the
administration of justice in the criminal proceedings
CONSTITUTIONAL LAW – jurisdiction of the Federal Court of
Australia to hear proceedings for judicial review of a decision of
the Coroner’s Court of the Australian Capital Territory in an
inquest into the death of a person in the Australian Antarctic
Territory – whether jurisdiction conferred either by s
39B(1A)(c) of the Judiciary Act 1903 (Cth) or by ss 5 and
8 of the Administrative Decisions (Judicial Review) Act
1977 (Cth) or by the Jurisdiction of Courts
(Cross-vesting) Act 1987 (Cth) – whether any such
jurisdiction excluded as “a matter in respect of which a
criminal prosecution is instituted or any other criminal
matter” or “a related criminal justice process
decision”.
Legislation
Commonwealth
Telecommunications (Interception and
Access) Amendment Regulations 2019
22/02/2019 - These regulations amend the
Telecommunications (Interception and Access) Regulations 2017 to
update references to authorities to reflect the transfer of
responsibilities from the Attorney-General’s Department to
the Department of Home Affairs.
Telecommunications (Interception and
Access) Amendment (Form of Warrants) Regulations
2019
21/02/2019 - This instrument amends the Telecommunications
(Interception and Access) Regulations 2017 to prescribe the forms
for control order warrants issued under the Telecommunications
(Interception and Access) Act 1979.
Bills
Electoral Legislation Amendment
(Modernisation and Other Measures) Bill
2018
Assent Act no: 2 Year: 2019 01 Mar 2019 - Amends the:
Commonwealth Electoral Act 1918 to: make completion of a
qualification checklist compulsory in relation to candidate
nominations; enable candidates to lodge their nominations and
certain other documents electronically; and allow a senior
Australian Electoral Commission staff member rather than a senior
Divisional Returning Officer to be on the Redistribution Committee
for the Australian Capital Territory; and Commonwealth
Electoral Act 1918 and Referendum (Machinery Provisions)
Act 1984 to amend various aspects of voting and scrutiny
processes.
Parliamentary Service Amendment
(Post-election Report) Bill 2018
Assent Act no: 4 Year: 2019 01 March 2019 - Amends the
Parliamentary Service Act 1999 to change the deadline for
publishing the post-election report of election commitments, which
is prepared and published by the Parliamentary Budget Office
(PBO), from before the end of 30 days after the
end of the caretaker period for a general election to the later of
either 30 days after the end of the caretaker period for the
general election to which the report relates or 7 days before the
first sitting day of either or both Houses of the Parliament after
the general election to which the report relates.
Counter-Terrorism (Temporary
Exclusion Orders) Bill 2019
HR Introduced 21 February 2019 - The Counter-Terrorism
(Temporary Exclusion Orders) Bill 2019 (the Bill) is a stand-alone
bill that introduces a temporary exclusion orders scheme to delay
Australians of counter-terrorism interest from re-entering
Australia until appropriate protections are in place.
Queensland
Bills Updated
Human Rights Bill 2018
Introduced by: Hon Y D'Ath MP on 31/10/2018
Stage reached: Passed on 27/02/2019
Criminal Code (Non-consensual Sharing of
Intimate Images) Amendment Bill 2018
Introduced by: Hon Y D'Ath MP on 22/08/2018 Stage reached:
Passed on 13/02/2019;
Assent Date: 21/02/2019 Act No: 1 of 2019 Commences: Date of
Assent
Subordinate legislation as made – 18 February
2019
No 9 Professional Standards (Bar Association of
Queensland Professional Standards Scheme) Notice 2019
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.
