In the media
PS to pay for election promises
The Government-elect has foreshadowed a reduction of $1.5
billion in the funding of Departments and Agencies to meet the cost
of some of its promises. Mr Frydenberg said the Government would
leave it to the judgement of Departmental Secretaries where the
required efficiencies could be found (20 May 2019).
More...
Privacy newsletter promotes information
The Australian Information and Privacy Commissioner,
Angelene Falk has launched a new newsletter aimed at sharing
information about the activities of her office, and reflect the
growing interrelationship between information access and data
protection (20 May 2019).
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Children's rights in relation to the digital
environment
On 16 May 2019, the Law Council made a submission to the
United Nations Committee on the Rights of the Child (UN Committee)
regarding a proposed General Comment on Children's Rights in
Relation to the Digital Environment (17 May 2019).
More...
High Court releases reasoning in Spence v Queensland
[2019] HCA 15
The High Court of Australia considered the validity and
operation of Commonwealth and Queensland laws that regulate the
gifts made to political parties. On 17 April, the High Court held
that the Queensland laws were valid and that a provision of the
Commonwealth law was invalid. The Court published the reasons for
this judgment on 15 May 2019 (15 May 2019). More...
More protection for children under tougher Blue Card
laws
The Palaszczuk Government has added 15 more crimes to the
list of disqualifying offences when applying for a Blue Card, as
part of its overhaul of Queensland's working with children
check system (16 May 2019).
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Lessons learned during first 12 months of notifiable
data breaches scheme
Data breaches involving personal information may be
prevented through effective training and enhanced systems, analysis
of the first 12 months of mandatory notifications reveals (13 May
2019).
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In practice and courts
Commonwealth Ombudsman: Defence Force Retirement and
Death Benefits (DFRDB)
The Ombudsman is undertaking an own motion investigation
into the administration of the Defence Force Retirement and Death
Benefits (DFRDB) scheme, specifically the issue of
commutation. Please complete this form and return to the Office by
30 June 2019. Forms must be emailed no later than 30 June 2019 (23
May 2019).
More...
Queensland
Privacy Week is a reminder to protect sensitive data -
15 May 2019
As part of Privacy Awareness Week 2019 the CCC is
reminding public servants that improper access to sensitive
personal data can have serious consequences (15 May 2019).
More...
Cases
Spence v Queensland [2019] HCA
15
Is section 302CA of the Commonwealth Electoral Act
1918 (Cth) invalid (in whole or in part and, if in part, to
what extent) because it is beyond the Commonwealth's
legislative power? Answer: The section is wholly invalid.
Constitutional law (Cth) – Powers of Commonwealth Parliament
– Federal elections – Severance – Where s
51(xxxvi) in application to ss 10 and 31 of Constitution conferred
legislative power on Commonwealth Parliament with respect to
federal elections – Where Commonwealth Parliament enacted s
302CA within Div 3A of Pt XX of Commonwealth Electoral Act
1918 (Cth) – Where s 302CA relevantly conferred
authority on person to make, and on "political entity" to
receive and retain, gift not prohibited by Div 3A provided that
gift or part of it was "required to be, or may be" used
for certain purposes relating to federal elections – Where s
302CA provided for displacement of such authority in circumstances
including where State or Territory electoral law required gift or
part of it to be kept or identified separately to be used only for
purpose of State, Territory or local government election –
Whether Commonwealth legislative power with respect to federal
elections exclusive or concurrent – Whether s 302CA within
scope of Commonwealth legislative power with respect to federal
elections – Whether possible to sever s 302CA to preserve
part of its operation within scope of Commonwealth legislative
power.
Constitutional law (Cth) – Inconsistency between Commonwealth
and State laws – Gifts to political parties – Where
Queensland Parliament passed amendments to Electoral Act
1992 (Qld) and Local Government Electoral Act 2011
(Qld) prohibiting property developers from making gifts to
political parties that endorse and promote candidates for election
to Legislative Assembly and local government councils –
Whether Queensland amendments inconsistent with s 302CA or
framework of Pt XX of Commonwealth Electoral Act – Whether s
302CA invalid for infringing principle in University of Wollongong
v Metwally (1984) 158 CLR 447; [1984] HCA 74.
Constitutional law (Cth) – Implied freedom of communication
about governmental and political matters – Where amendments
to Electoral Act 1992 (Qld) substantially replicated
provisions in Election Funding, Expenditure and Disclosures Act
1981 (NSW) upheld in McCloy v New South Wales (2015) 257 CLR
178; [2015] HCA 34 – Whether amendments invalid for
infringing implied freedom.
Constitutional law (Cth) – Relationship between Commonwealth
and States – Doctrine of inter-governmental immunities
– Whether implication expounded in Melbourne Corporation v
The Commonwealth (1947) 74 CLR 31; [1947] HCA 26 operates
reciprocally to protect States and Commonwealth from impermissible
interference by law of one polity with operations of government in
another – Whether s 302CA invalid for contravening Melbourne
Corporation principle – Whether Queensland amendments invalid
for contravening Melbourne Corporation principle.
Rex Patrick and Department of Defence (Freedom of
information) [2019] AICmr
19
Freedom of Information — Whether documents contain a
copy or part of, or contains an extract from a Cabinet document
— Whether document contains deliberative matter prepared for
a deliberative process — (CTH) Freedom of Information Act
1982 ss 34 and 47C
Daniel Flitton and Department of Foreign Affairs and Trade
(Freedom of information) [2019] AICmr
18
Freedom of Information — Whether documents brought
into existence for the dominant purpose of briefing a Minister on a
Cabinet document — (CTH) Freedom of Information Act
1982 s 34(1)(c)
Northern Land Council v Quall [2019]
FCAFC 77
ADMINISTRATIVE LAW – delegation of statutory
functions and powers – distinction between authorisation and
delegation – the Carltona principle – principles for
determining whether a power or function is delegable – effect
of delegation
NATIVE TITLE – whether a representative body under the
Native Title Act 1993 (Cth) is able to delegate its power
and function to certify an application for an area Indigenous Land
Use Agreement (ILUA) under s 201BE(1)(b) –
the process and alternative pathways for registration of an area
ILUA – position of representative bodies under the Native
Title Act 1993 (Cth)
STATUTORY INTERPRETATION – interpretation of "necessary
and convenient" powers such as s 201BK of the Native Title
Act 1993 (Cth) – such powers strictly ancillary and
supplementary to other functions conferred on the statutory
repository – scope and operation of a "necessary and
convenient" power in a particular context depends on the
primary power or function being supplemented
O'Brien v Assistant Commissioner Paul Taylor &
Anor [2019] QCAT
127
POLICE – INTERNAL ADMINISTRATION – DISCIPLINE
AND DISMSAL FOR MISCONDUCT – QUEENSLAND – where the
applicant police officer accessed official information contained
within the Queensland Police Service computer system – where
the applicant police officer released confidential information
accessed through the Queensland Police Service computer system
– where allegations of misconduct were found to be
substantiated – where sanction imposed – where police
officer demoted in rank and pay point – where application to
review the sanction imposed – whether sanction imposed is
correct and preferable. Crime and Corruption Act 2001 Qld
ss 219BA, 219H, Sch 2
Legislation
Queensland
Bills Updated
Electoral
Legislation (Political Donations) Amendment Bill 2018
Introduced by: Mr M Berkman MP on 16/05/2018 Stage reached: 2nd
reading adjourned on 14/05/2019
Working with Children (Risk Management and Screening) and Other
Legislation Amendment Bill 2018
Introduced by: Hon Y D'Ath MP on 13/11/2018 Stage reached: 2nd
reading adjourned on 15/05/2019
Subordinate legislation as made – 24 May
2019
No 84:
Racing Integrity (Exchange of Information) Amendment Regulation
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.
