In the media
Organisation World Peace: Israel Folau and the future of
free speech
This controversial case has highlighted the conflict
between freedom of religion and freedom of speech in Australia, and
points to some systemic flaws in Australia's constitution to
protect fundamental human rights. Australia is the sole democracy
in the western world who has not enshrined any form of federal
charter of human rights- freedoms enjoyed by citizens are those
dictated by the constitution (05 July 2019).
More...
Individuals who encourage trespass, property damage or
theft on farm land could soon face up to five years jail.
The new criminal offence comes with penalties of up to
five years imprisonment, and follows an earlier move by the
Government to prescribe activist group Aussie Farms under the
Privacy Act – exposing it to potential penalties of up to
$2.1 million if found to be in breach of the Act (05 July 2019).
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Review of Supreme and District Courts to consider
'limiting jury use'
A review aimed at reducing delays in criminal proceedings
in the NSW Supreme and District Courts will consider "limiting
jury use" in some cases (04 July 2019).
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CCC: 30 years since the Fitzgerald Inquiry
It's been 30 years since Tony Fitzgerald QC provided
the Queensland Government with the findings of the Commission of
Inquiry into Possible Illegal Activities and Associated Police
Misconduct. However, we face new challenges across the entire
public sector. Advancements in technology and the ability to access
vast amounts of information present significant corruption risks
when confidential information is accessed and misused (02 July
2019).
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Law Council of Australia: Commonwealth, states and
territories must lift minimum age of criminal responsibility to 14
years, remove doli incapax
Every Australian jurisdiction should lift the minimum age
of criminal responsibility to 14 years to improve justice outcomes
for vulnerable children and remove the need for the fraught doli
incapax presumption, according to the Law Council (26 June 2019).
More...
Law Council of Australia: Unfair criticism and sexist
attack on High Court Judges should not be tolerated
The front-page story of the Courier Mail, which attacks
the spouse travel allowances of spouses of High Court of Australia
Judges, is unfair and sexist. The Law Council of Australia is
especially disappointed the spouse of the High Court of
Australia's Chief Justice has unfairly been drawn into the
media report regarding travel expenses (25 June 2019).
More...
In practice and courts
ANAO Performance audit in-progress: Defence's
management of its public communications and media activities
Due to table: December, 2019: The objective of this audit
is to assess the effectiveness and appropriateness of the
Department of Defence's (Defence's) management of its
public communications and media activities.
More...
Criminal Code Amendment (Agricultural Protection) Bill
2019 [Provisions]
The bill would amend the Criminal Code Act 1995
to introduce two new offences relating to the use of a carriage
service to incite trespass, property offences, or other offences on
agricultural land. On 4 July 2019 the Senate referred the
provisions of the Criminal Code Amendment (Agricultural Protection)
Bill 2019 to the Legal and Constitutional Affairs Legislation
Committee for inquiry and report by 6 September 2019. The deadline
for submission to the inquiry is 31 July 2019.
More...
Ministers of State (Checks for Security Purposes) Bill
2019
On 4 July 2019, the Senate referred the Ministers of State
(Checks for Security Purposes) Bill 2019 for inquiry and report by
11 November 2019. The closing date for submissions is 23 August
2019.
More...
AAT Bulletin
The AAT Bulletin is a weekly publication containing a list
of recent AAT decisions and information relating to appeals against
AAT decisions, including immigration and citizenship. Issue No.
26/2019, 1 July 2019.
More...
HCA Bulletins
High Court of Australia Bulletin [2019] HCAB 5 (24 June
2019)
AHRC: Commission calls for public submissions
The AHRC has released an issues paper for 'Free and
Equal': An Australian conversation on human rights and has
called for public submissions. Submissions are open until 12 July
2019.
More...
Queensland
Queensland Courts: Regulated fee increase
The Governor in Council approved an increase to court fees
from 1 July 2019. The new fees are contained in the Justice
Legislation (Fees) Amendment Regulation 2019 and are outlined here.
Courts: Working with interpreters in Queensland courts
and tribunals
On 28 June, the Supreme Court of Queensland issued the
Guideline for Working with Interpreters in Queensland Courts and
Tribunals. The purpose of the guideline is to identify the
adopted parts of the Recommended National Standards. It also
clarifies the obligations of courts, tribunals, judicial officers,
legal practitioners and other parties when working with
interpreters.
Queensland Human Rights Commission
On 1 July, the Anti-Discrimination Commission Queensland
changed its name to the Queensland Human Rights Commission. Visit
the new Queensland Human Rights Commission website for more details
here.
Queensland Parliament
04 July 2019
Report - No. 41, 56th Parliament - Oversight of the Office of the
Information Commissioner
Legal Affairs and Community Safety Committee - Oversight of the
Office of the Information Commissioner - 2019 inquiry
Queensland Parliament
04 July 2019
Report - No. 41, 56th Parliament - Oversight of the Office of the
Information Commissioner
Legal Affairs and Community Safety Committee - Oversight of the
Office of the Information Commissioner - 2019 inquiry
OIC Queensland: Public release of government-held
information
Queensland agencies such as the Mental Health Review
Tribunal, Office of the Health Ombudsman and Energy and Water
Ombudsman have been making progress in proactive release and
administrative access.
Find out how they are demonstrating good practice and read
other case studies by visiting our
Tell us your story campaign page (01 July 2019).
OIC Queensland Decisions
F80BBD and Queensland Police Service [2019] QICmr 23 (21 June 2019)
| Office of the Information Commissioner Queensland
QAO Report No 21: Delivering forensic services
Tabled date 27 June 2019 Sector(s) Community Services,
Police, prosecutors, and the courts rely on a range of forensic
services to help them identify, exonerate, prosecute and convict
people suspected of committing crimes. Forensic services involve
analysing many different types of physical evidence such as drugs,
fingerprints, and blood.
More...
Criminal Code (Trespass Offences) Amendment Bill
2019
The Legal Affairs and Community Safety Committee has been
referred the above
Bill . The committee is due to report by 1 November 2019.
Access the
explanatory notes.
Youth Justice and Other Legislation Amendment Bill
2019
The
Youth Justice and Other Legislation Amendment Bill 2019 has
been referred to the Legal Affairs and Community Safety Committee
for consideration. The Bill proposes to amend the Youth Justice
Act 1992, the Bail Act 1980 and the Police Powers
and Responsibilities Act 2000. Access the
explanatory notes . Feedback closed on 4 July 2019
Update: Queensland Sentencing Advisory Council:
Intermediate sentencing options and parole
The due date for the final report has been extended by
three months, by letter from the Attorney-General and Minister for
Justice, and Leader of the House, to 31 July 2019. Read the
Terms of Reference.
Cases
Masson v Parsons [2019] HCA
21
Appeal allowed. Constitutional law (Cth) – Courts
– Federal courts – Federal jurisdiction – Matter
arising under Commonwealth law – Where Commonwealth law
provides rules in respect of parentage of children born of
artificial conception procedures – Where State law provides
irrebuttable presumption that biological father of child conceived
by fertilisation procedure is not father in specified circumstances
– Whether s 79(1) of Judiciary Act 1903 (Cth)
operates to pick up and apply text of State law as Commonwealth law
– Whether State law regulates exercise of jurisdiction
– Whether Commonwealth law has "otherwise provided"
within meaning of s 79(1) of Judiciary Act – Whether tests
for contrariety under s 79(1) of Judiciary Act and s 109 of
Constitution identical – Whether State law applies of its own
force in federal jurisdiction. Family law – Parenting orders
– Meaning of "parent" – Where Family Law
Act 1975 (Cth) presumes best interests of child served by
shared parental responsibility – Where s 60H of Family Law
Act provides rules in respect of parentage of children born of
artificial conception procedures
The Environmental Group Ltd v Bowd
[2019] FCA 951
INDUSTRIAL LAW – termination of employment –
where employee reported in a CEO report financial irregularities to
the board – where employee made a complaint to the Australian
Securities and Investments Commission alleging serious fraud within
the company before completion of an audit
CORPORATIONS – protection for whistleblowers – whether
employee had reasonable grounds to suspect contraventions of the
Corporations Act 2001 (Cth) – whether disclosure was
made in good faith – whether complaint was made for a
secondary purpose
COPYRIGHT – acts not constituting copyright infringement
– whether copying was done for the purposes of a judicial
proceeding – whether the possibility of a future proceeding
is sufficient for the purposes of s 43 of the Copyright Act
1968 (Cth)
Lisa Martin and Department of Home Affairs (Freedom of
Information) [2019] AICmr
47
Freedom of Information — Whether disclosure could
cause damage to the international relations of the Commonwealth
— Whether disclosure would have a substantial adverse effect
on the management or assessment of personnel — Whether
disclosure of personal information is unreasonable — Whether
disclosure would unreasonably affect an organisation in respect of
its lawful business affairs — Whether contrary to public
interest to release conditionally exempt documents — (CTH)
Freedom of Information Act 1982 ss 11A(5), 33(a)(iii),
47E(c), 47F, 47G(1)(a) and 55D(1) – set aside
Leet v Queensland Building and Construction
Commission [2019] QCAT
163
ADMINISTRATIVE LAW – ADMINISTRATIVE TRIBUNALS
– QUEENSLAND CIVIL AND ADMINISTRATIVE TRIBUNAL – where
direction to rectify issued to company – where former
director of company seeks review – whether applicant has
standing. Queensland Building and Construction Commission Act
1991 Qld ss 72AA, s 73, s 87
Jones v Psychology Board of Australia
[2019] QCAT 162
ADMINISTRATIVE LAW – ADMINISTRATIVE TRIBUNALS
– QUEENSLAND CIVIL AND ADMINISTRATIVE TRIBUNAL –
APPLICATION TO EXTEND A TIME LIMIT – where the applicant
applied to extend the time limit within which to file an
Application to review a decision – where the application is
not opposed
ADMINISTRATIVE LAW – ADMINISTRATIVE TRIBUNALS –
QUEENSLAND CIVIL AND ADMINISTRATIVE TRIBUNAL – APPLICATION TO
STAY A DECISION – where the applicant applied to stay the
decision of the Psychology Board of Australia to impose conditions
on his registration – where the applicant has applied to the
Tribunal for review of the decision – whether desirable to
grant a stay. Health Practitioner Regulation National Law 2018 Qld
ss 3, 178; Queensland Civil and Administrative Tribunal Act
2009 Qld ss 22, 61
Legislation
Bills
Australian
Security Intelligence Organisation Amendment (Sunsetting of Special
Powers Relating to Terrorism Offences) Bill
2019
House of Representatives Introduced and read a first time
04 July 2019 Second reading moved 04 July 2019
The Australian Security Intelligence Organisation Amendment
(Sunsetting of Special Powers Relating to Terrorism Offences) Bill
2019 (the Bill) amends the Australian Security Intelligence
Organisation Act 1979 (ASIO Act) to extend
the operation of the Australian Security Intelligence
Organisation's (ASIO) questioning, and
questioning and detention powers in Division 3 of Part III of the
ASIO Act, for a further 12 months.
Criminal Code Amendment (Agricultural Protection) Bill
2019
House of Representatives Introduced and read a first time
04 July 2019 Second reading moved 04 July 2019
This Bill would amend the Criminal Code Act
1995(Criminal Code)to introduce two new
offences relating to the incitement of trespass or property
offences on agricultural land.
Queensland
Subordinate legislation as made - 28 June 2019
No 113
Civil Liability and Other Legislation (Prescribed Amounts)
Amendment Regulation 2019
No 115
Proclamation No. 1—Working with Children (Risk Management and
Screening) and Other Legislation Amendment Act 2019 (commencing
certain provisions)
No 125
Disability Services and Other Legislation (NDIS) Amendment
Regulation 2019
The objectives of this Regulation are to expand the scope of who is
required to obtain a yellow card or blue card under the primary
Acts; provide a four month transition period for new NDIS
non-government service providers to become compliant with the
screening requirements;
Note: Penalties and Sentences (Penalty Unit Value)
Amendment Regulation 2019 (Qld)
The objective of this Regulation is to increase, from 1
July 2019, the prescribed monetary value of the penalty unit in
section 3 of the Penalties and Sentences Regulation 2015 by 2.25%
from $130.55 to $133.45.
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.