Australia: Queensland Government Bulletin: In the media, reports and recent cases

Last Updated: 1 September 2019
Article by Paul Venus and Suzy Cairney

In the media

Whole-of-Government Legal Services Panel commences
The Morrison Government has launched a new era in the provision of legal services to the Commonwealth, with the commencement of the first Whole of Government Legal Services Panel. The Panel, comprising more than 60 specialist legal providers from across Australia and across a wide range of service expertise, will provide the bulk of the Commonwealth's external legal services until 2024 (16 August 2019). More...

Lawyers fear Australia more open to hacks, leaks after High Court ruling on Glencore
Could Australia become a more desirable place for hackers to leak stolen and legally privileged documents (15 August 2019). More...

OAIC joins with global privacy regulators to call for more information from the Libra Network
International data protection and privacy regulators are calling on Facebook and the Libra Network to explain how they will secure and protect personal information as part of their global cryptocurrency project (06 August 2019). More...

Multicultural students learn about their legal rights
The annual court open days offered the newly-arrived migrants and refugees the opportunity to learn about the NSW justice system and how courts operate in NSW (06 August 2019). More...

In practice and courts

High Court practice direction 1 of 2019
The High Court has recently issued a new practice direction, which applies to matters set down after 1 October 2019. More...

High Court (2020) Sittings Rules 2019
The High Court has provided a copy of the Rule of Court appointing the High Court sittings for 2020. The Rule of Court appoints the Full Court sittings to be held in Canberra throughout the year and the days on which special leave applications will be heard. Sittings of the Court will continue to be held in Adelaide, Brisbane, Hobart and Perth as required (August 2019)

Attorney General: Purchasing legal services - Whole of Australian Government Legal Services Panel
The Whole of Australian Government Legal services panel commenced on 15 August 2019.
The panel consists of five broad areas of law, comprising a number of practice areas as set out here.

Federal Court of Australia: Notice to the Profession regarding Use of Junior Counsel
The Hon J L B Allsop AO, Chief Justice of the Federal Court of Australia, has issued a Notice to the Profession on the use of Junior Counsel. Members can view the Notice to the Profession here. The note indicates that the Federal Court of Australia encourages the active participation of junior counsel where two counsel are briefed for a party (12 August 2019).

LSC Public consultation: proposed new rules regarding practice administration
The Legal Services Council (LSC) invites public comment on the draft Legal Profession Uniform Amendment (Miscellaneous) Rule 2019 (Draft Rule) in accordance with s 425 of the Uniform Law (UL). The Draft Rule is publically released for written submissions for a minimum period of 30 days until 19 August 2019. More...

LCA Note: Glencore International Ag and Ors v Commissioner of Taxation of the Commonwealth of Australia and Ors
High Court judgment: The Law Council of Australia has issued a note on the decision of the High Court of Australia in Glencore International Ag and Ors v Commissioner of Taxation of the Commonwealth of Australia and Ors, which can be found here (15 August 2019).

Law Council of Australia Submissions
07 August 2019— Law Council
Inquiry into the Impact of the Exercise of Law Enforcement and Intelligence Powers on the Freedom of the Press

AIJA Newsletters
The Institute's newsletter, AIJA News, is designed to keep members informed of the Institute's activities and also to bring its work to the attention of a wider national and international audience. More...

Current Senate Inquiries - Legal and Constitutional Affairs Legislation Committee
Legal and Constitutional Affairs References Committee
The impact of changes to service delivery models on the administration and running of Government programs
Nationhood, national identity and democracy

Environment and Communications References Committee
Press Freedom

AAT Bulletin
The AAT Bulletin is a weekly publication containing a list of recent AAT decisions and information relating to appeals against AAT decisions
Issue No. 32/2019, 12 August 2019. More...

ABA: Have your say on the proposed new rule regarding 'CPD Activity'
The Australian Bar Association invites public comment on the draft Legal Profession Uniform Continuing Professional Development (Barristers) Amendment (CPD Activity) Rule 2019 in accordance with s 427 of the Uniform Law (UL). The Draft Rule provides for a new definition of 'CPD Activity', clarifies the content of 'CPD Activity' and sets out the format a 'CPD Activity' may consist of. Submissions close on 26 August 2019. More....

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. Defence's management of its public communications and media activities


Royal Commission into Violence, Abuse, Neglect and Exploitation of People with Disability
The Office of the Royal Commission is now accepting submissions to the above Inquiry. Please provide your feedback to the legal policy team by 30 August 2019.

QLS Ethics and practice notes
Practitioners will be aware of the recent High Court case of Comcare v Banerji which highlights among many other things, the need to be circumspect in the use of your social media and that "anonymity" will not necessarily protect you.

Guidance Statement No.17 – Conflicts of Interest in Work Health Safety Investigations
The Queensland Law Society Ethics Committee approved on 7 August 2019 Guidance Statement No. 17 for publication.

QLS: You're invited to provide feedback
Practitioners are invited to provide feedback as QLS policy committees prepare submissions for current reviews (07 August 2019) More...

QAO Advice: How we record material misstatements
As we finalise the audit of our clients' financial statements, we will be communicating any misstatements the teams identify with them (05 August 2019). More...

Current Consultations
Racing Integrity Reforms – Review of the Racing Integrity Act 2016 - Have your say on the review of implementation issues associated with the Racing Integrity Act. Closes 19 August 2019

Discussion paper - changes to the Child Protection Act 1999 - Have your say about options for changes to the child protection legislation. Closes 06 September 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.

OIC QLD: Masterclass - Advanced Privacy Complaint Handling
An advanced privacy complaint handling workshop will be held on 21 October 2019. While agencies may not have any control over whether a privacy complaint is made against them they have full control over how they respond to the complaint (August 2019). More...

Published - articles, papers, reports

No bail, more jail? Breaking the nexus between community protection and escalating pre-trial detention
Marilyn McMahon
Parliamentary Library and Information Service (Vic):16 August 2019
This report investigates the reasons behind the increase in the number of people being denied bail and detained in prison in Victoria. More...

Disclosure of myki travel information
Office of the Victorian Information Commissioner: 15 August 2019
This report on the investigation into the release of myki data demonstrates that deficiencies in data governance and risk management can undermine the protection of privacy, even where the project is well-intentioned. More...

Evidence and analysis of legal need
Community Legal Centres Queensland: 14 August 2019
Part one of this guide discusses the eleven priority groups identified under the National Partnership Agreement on Legal Assistance Services 2015-2020 (the NPA). Within each priority group is a summary of key data and facts, as relevant to legal need. The barriers to accessing services, identified in the Law and Justice Foundation Report (Coumarelos et. al. 2015). More...

ANAO Annual Report 2018-19
ANAO: 14 August 2019
This annual report documents the performance of the Australian National Audit Office (ANAO) in the financial year ended on 30 June 2019. The report addresses all applicable obligations under the Public Governance, Performance and Accountability Act 2013; the Public Governance, Performance and Accountability Rule 2014; the Auditor-General Act 1997 . More...

The effect of lockout and last drinks laws on non-domestic assaults in Sydney: an update to March 2019
Neil Donnelly, Suzanne Poynton
NSW Bureau of Crime Statistics and Research: 08 August 2019
This research set out to examine the long term impact of the 2014 NSW liquor law amendments on non-domestic assaults in Kings Cross, the Sydney CBD and surrounding areas. As in previous studies, a significant reduction in non-domestic assaults in the Kings Cross and Sydney CBD precincts was revealed. More...

Implementation of ANAO and parliamentary committee recommendations
Australian National Audit Office: 05 August 2019
The objective of the audit was to examine whether selected entities implemented agreed ANAO performance audit, the Joint Committee of Public Accounts and Audit, and other parliamentary committee recommendations. More...

Whistleblower policies: consultation paper
Australian Securities and Investments Commission: 07 August 2019
This consultation paper seeks feedback on our proposed guidance for entities that must have a whistleblower policy—public companies, large proprietary companies and proprietary companies. More...


Palmer v Australian Electoral Commission [2019] HCA 24
The application is dismissed. Parliamentary elections (Cth) – House of Representatives – Counting of votes – Where s 274(2A)-(2C) of Commonwealth Electoral Act 1918 (Cth) provides for indicative two-candidate preferred count in each Division – Where s 7(3) of Commonwealth Electoral Act confers power on Australian Electoral Commission to do all things necessary or convenient for or in connection with performance of its functions – Where practice of Australian Electoral Commission to publish information about indicative two-candidate preferred count for a Division after close of polls in that Division – Whether publication of information for a Division before polls closed in all parts of nation has any demonstrated effect on electoral choices – Whether information inaccurate or misleading – Whether publication constitutes imprimatur to any particular candidate or outcome – Whether publication authorised by s 7(3).
Constitutional law (Cth) – Parliament – Elections – Whether publication of information about indicative two-candidate preferred count prior to close of polls nationally contrary to ss 7 and 24 of Constitution – Whether factual foundation of challenge established. Commonwealth Electoral Act 1918 (Cth), ss 7, 274.

Northern Territory v Sangare [2019] HCA 25
Appeal allowed. Practice and procedure – Costs – Where respondent commenced defamation proceedings against appellant – Where appellant wholly successful on appeal and at first instance – Where appellant sought order that respondent pay its costs – Where Court of Appeal made no order as to costs because respondent's impecuniosity would likely render order futile – Whether appellant entitled to order for costs – Whether impecuniosity of unsuccessful party can alone justify decision to deny successful party its costs.
The Chief Executive of the Department provided the Minister with a briefing note. The respondent alleged that the briefing note contained material defamatory of him, and instituted proceedings against the appellant for damages. In particular, the respondent complained that the briefing note contained material fabricated by the Department to make it appear that the respondent had provided false and misleading information in relation to his immigration status, and to make it appear that the respondent was a dishonest person and of bad character

James v WorkPower Inc [2019] FCA 1239
PRACTICE AND PROCEDURE – application by litigation representative for approval of settlement – consideration of relevant factors for approval of settlement – settlement approved
Australian Human Rights Commission Act 1986 (Cth) ss 46P, 46PO(1)
Disability Discrimination Act 1992 (Cth) ss 5, 6, 15
Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (Cth)

Hunt v Repatriation Commission [2019] FCA 1191
ADMINISTRATIVE LAW – veterans' entitlements – Veterans' Entitlements Act 1986 (Cth) – whether Tribunal made findings that were not rationally supported – whether the Tribunal erred in its application of s 120(3) – whether the Tribunal failed to apply correctly the standard of proof under s 120(1)
Administrative Appeals Tribunal Act 1975 (Cth) s 44
Veterans' Entitlements Act 1986 (Cth) ss 7, 9, 13, 120, 120A, 196B

'RB' and Department of Home Affairs (Freedom of information) [2019] AICmr 58
Freedom of Information — Whether disclosure of personal information unreasonable — Whether contrary to the public interest to release conditionally exempt documents — (CTH) Freedom of Information Act 1982 ss 11A(5) and 47F copy of the [applicant's child's] passenger cards and movement records.

Johnston v Brisbane City Council & Ors (No 2) [2019] QSC 193
PROCEDURES – CIVIL PROCEEDINGS IN STATE AND TERRITORY COURTS – COSTS – GENERAL RULE: COSTS FOLLOW EVENT – GENERAL PRINCIPLES AND EXERCISE OF DISCRETION – where the applicant succeeded in an application for judicial review pursuant to the Court's inherent jurisdiction – where the applicant made an argument that the Judicial Review Act 1991 (Qld) applied and privative clauses did not exclude the jurisdiction of the Court – where judgment was given that the Judicial Review Act 1991 (Qld) did not apply– whether costs should be disposed of in accordance with the general rule – whether there are special or exceptional circumstances to depart from the general rule

Hopper & Anor v Queensland Building and Construction Commission & Anor (No 2) [2019] QCAT 212
ADMINISTRATIVE LAW – ADMINISTRATIVE TRIBUNALS – QUEENSLAND CIVIL AND ADMINISTRATIVE TRIBUNAL – General Administrative Review – application by building owner to review a decision by the Queensland Building and Construction Commission to reject a claim by building owner – whether the building owner validly terminated a building contract – where the building contractor also purported to terminate the contract – the rights of the building contractor and the building owner under contract and at law – where the tribunal reviews the decision of the QBCC about valid termination of the contract by the building owner and allows a claim under the statutory scheme in favour of the building owner
Queensland Building and Construction Commission Act 1991 Qld s 3, s 42, s 65, s 66, s 68, s 69, s 71, s 72, s 86, s 87, Schedule 2; Queensland Civil and Administrative Tribunal Act 2009 Qld s 9, s 20, s 102; Statutory Instruments Act 1992 Qld s 7, s 9

Jones v McNab [2019] QCAT 213
POLICE – INTERNAL ADMINISTRATION – DISCIPLINE AND DISMISSAL FOR MISCONDUCT – QUEENSLAND – where police officer was issued with a notice of temporary re-deployment and directions – where review application filed – consideration of principles for granting an extension of time – whether decision is a reviewable decision – whether decision is a decision about an allegation of corruption
Crime and Corruption Act 2001 Qld s 219BA, s 219C, s 219J, s 219G, s 219H, Schedule 2

Johnson v Department of Transport and Main Roads [2019] QCAT 210
ADMINISTRATIVE LAW – ADMINISTRATIVE TRIBUNALS – QUEENSLAND CIVIL AND ADMINISTRATIVE TRIBUNAL – where application to review a decision filed prematurely – whether jurisdictional or procedural matter
Queensland Civil and Administrative Tribunal Act 2009 Qld s 3(b), s 4(a), s 4(c), s 61(1)(c)
Queensland Civil and Administrative Tribunal Rules 2009 Qld r 7(1)(a)
Transport Operations (Road Use Management) Act 1995 Qld s 65A(2

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.

To print this article, all you need is to be registered on

Click to Login as an existing user or Register so you can print this article.

Similar Articles
Relevancy Powered by MondaqAI
Some comments from our readers…
“The articles are extremely timely and highly applicable”
“I often find critical information not available elsewhere”
“As in-house counsel, Mondaq’s service is of great value”

Related Topics
Similar Articles
Relevancy Powered by MondaqAI
Related Articles
Up-coming Events Search
Font Size:
Mondaq on Twitter
Mondaq Free Registration
Gain access to Mondaq global archive of over 375,000 articles covering 200 countries with a personalised News Alert and automatic login on this device.
Mondaq News Alert (some suggested topics and region)
Select Topics
Registration (please scroll down to set your data preferences)

Mondaq Ltd requires you to register and provide information that personally identifies you, including your content preferences, for three primary purposes (full details of Mondaq’s use of your personal data can be found in our Privacy and Cookies Notice):

  • To allow you to personalize the Mondaq websites you are visiting to show content ("Content") relevant to your interests.
  • To enable features such as password reminder, news alerts, email a colleague, and linking from Mondaq (and its affiliate sites) to your website.
  • To produce demographic feedback for our content providers ("Contributors") who contribute Content for free for your use.

Mondaq hopes that our registered users will support us in maintaining our free to view business model by consenting to our use of your personal data as described below.

Mondaq has a "free to view" business model. Our services are paid for by Contributors in exchange for Mondaq providing them with access to information about who accesses their content. Once personal data is transferred to our Contributors they become a data controller of this personal data. They use it to measure the response that their articles are receiving, as a form of market research. They may also use it to provide Mondaq users with information about their products and services.

Details of each Contributor to which your personal data will be transferred is clearly stated within the Content that you access. For full details of how this Contributor will use your personal data, you should review the Contributor’s own Privacy Notice.

Please indicate your preference below:

Yes, I am happy to support Mondaq in maintaining its free to view business model by agreeing to allow Mondaq to share my personal data with Contributors whose Content I access
No, I do not want Mondaq to share my personal data with Contributors

Also please let us know whether you are happy to receive communications promoting products and services offered by Mondaq:

Yes, I am happy to received promotional communications from Mondaq
No, please do not send me promotional communications from Mondaq
Terms & Conditions (the Website) is owned and managed by Mondaq Ltd (Mondaq). Mondaq grants you a non-exclusive, revocable licence to access the Website and associated services, such as the Mondaq News Alerts (Services), subject to and in consideration of your compliance with the following terms and conditions of use (Terms). Your use of the Website and/or Services constitutes your agreement to the Terms. Mondaq may terminate your use of the Website and Services if you are in breach of these Terms or if Mondaq decides to terminate the licence granted hereunder for any reason whatsoever.

Use of

To Use you must be: eighteen (18) years old or over; legally capable of entering into binding contracts; and not in any way prohibited by the applicable law to enter into these Terms in the jurisdiction which you are currently located.

You may use the Website as an unregistered user, however, you are required to register as a user if you wish to read the full text of the Content or to receive the Services.

You may not modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, link, display, or in any way exploit any of the Content, in whole or in part, except as expressly permitted in these Terms or with the prior written consent of Mondaq. You may not use electronic or other means to extract details or information from the Content. Nor shall you extract information about users or Contributors in order to offer them any services or products.

In your use of the Website and/or Services you shall: comply with all applicable laws, regulations, directives and legislations which apply to your Use of the Website and/or Services in whatever country you are physically located including without limitation any and all consumer law, export control laws and regulations; provide to us true, correct and accurate information and promptly inform us in the event that any information that you have provided to us changes or becomes inaccurate; notify Mondaq immediately of any circumstances where you have reason to believe that any Intellectual Property Rights or any other rights of any third party may have been infringed; co-operate with reasonable security or other checks or requests for information made by Mondaq from time to time; and at all times be fully liable for the breach of any of these Terms by a third party using your login details to access the Website and/or Services

however, you shall not: do anything likely to impair, interfere with or damage or cause harm or distress to any persons, or the network; do anything that will infringe any Intellectual Property Rights or other rights of Mondaq or any third party; or use the Website, Services and/or Content otherwise than in accordance with these Terms; use any trade marks or service marks of Mondaq or the Contributors, or do anything which may be seen to take unfair advantage of the reputation and goodwill of Mondaq or the Contributors, or the Website, Services and/or Content.

Mondaq reserves the right, in its sole discretion, to take any action that it deems necessary and appropriate in the event it considers that there is a breach or threatened breach of the Terms.

Mondaq’s Rights and Obligations

Unless otherwise expressly set out to the contrary, nothing in these Terms shall serve to transfer from Mondaq to you, any Intellectual Property Rights owned by and/or licensed to Mondaq and all rights, title and interest in and to such Intellectual Property Rights will remain exclusively with Mondaq and/or its licensors.

Mondaq shall use its reasonable endeavours to make the Website and Services available to you at all times, but we cannot guarantee an uninterrupted and fault free service.

Mondaq reserves the right to make changes to the services and/or the Website or part thereof, from time to time, and we may add, remove, modify and/or vary any elements of features and functionalities of the Website or the services.

Mondaq also reserves the right from time to time to monitor your Use of the Website and/or services.


The Content is general information only. It is not intended to constitute legal advice or seek to be the complete and comprehensive statement of the law, nor is it intended to address your specific requirements or provide advice on which reliance should be placed. Mondaq and/or its Contributors and other suppliers make no representations about the suitability of the information contained in the Content for any purpose. All Content provided "as is" without warranty of any kind. Mondaq and/or its Contributors and other suppliers hereby exclude and disclaim all representations, warranties or guarantees with regard to the Content, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement. To the maximum extent permitted by law, Mondaq expressly excludes all representations, warranties, obligations, and liabilities arising out of or in connection with all Content. In no event shall Mondaq and/or its respective suppliers be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use of the Content or performance of Mondaq’s Services.


Mondaq may alter or amend these Terms by amending them on the Website. By continuing to Use the Services and/or the Website after such amendment, you will be deemed to have accepted any amendment to these Terms.

These Terms shall be governed by and construed in accordance with the laws of England and Wales and you irrevocably submit to the exclusive jurisdiction of the courts of England and Wales to settle any dispute which may arise out of or in connection with these Terms. If you live outside the United Kingdom, English law shall apply only to the extent that English law shall not deprive you of any legal protection accorded in accordance with the law of the place where you are habitually resident ("Local Law"). In the event English law deprives you of any legal protection which is accorded to you under Local Law, then these terms shall be governed by Local Law and any dispute or claim arising out of or in connection with these Terms shall be subject to the non-exclusive jurisdiction of the courts where you are habitually resident.

You may print and keep a copy of these Terms, which form the entire agreement between you and Mondaq and supersede any other communications or advertising in respect of the Service and/or the Website.

No delay in exercising or non-exercise by you and/or Mondaq of any of its rights under or in connection with these Terms shall operate as a waiver or release of each of your or Mondaq’s right. Rather, any such waiver or release must be specifically granted in writing signed by the party granting it.

If any part of these Terms is held unenforceable, that part shall be enforced to the maximum extent permissible so as to give effect to the intent of the parties, and the Terms shall continue in full force and effect.

Mondaq shall not incur any liability to you on account of any loss or damage resulting from any delay or failure to perform all or any part of these Terms if such delay or failure is caused, in whole or in part, by events, occurrences, or causes beyond the control of Mondaq. Such events, occurrences or causes will include, without limitation, acts of God, strikes, lockouts, server and network failure, riots, acts of war, earthquakes, fire and explosions.

By clicking Register you state you have read and agree to our Terms and Conditions