Australia: QLD Government Bulletin – in the media, in practice and courts, published articles, papers and reports, cases and legislation

Last Updated: 11 September 2019
Article by Paul Venus and Suzy Cairney

Most Read Contributor in Australia, October 2019

In the media

Police query 'sensitivities' of removing anti-Adani traditional owners from land
After the Queensland Government extinguished native title over the Adani mine site this week, police are concerned a clash is likely between mine workers and traditional owners who have set up a protest camp (31 August 2019). More...

Law Council of Australia statement regarding the arrest of Dr Yang Hengjun
The Law Council strongly supports remarks by the Minister for Foreign Affairs, Senator the Hon Marise Payne, concerning the formal arrest of Dr Yang Hengjun on suspicion of espionage in China. His treatment by Chinese authorities appears to constitute several breaches of the United Nations' Basic Principles of the Role of Lawyers (28 August 2019). More...

Human element a key factor in data breaches
National figures on data breaches show about one in three data breaches last quarter were caused by compromised credentials, with log in and password information used to gain unauthorised access to personal information (27 August 2019). More...

Judge tells John Setka his proposed expulsion from Labor 'not within the court's jurisdiction'
The Supreme Court of Victoria dismisses a bid by union boss John Setka to stop a vote to have him expelled from the Australian Labor Party, with the court ruling it does not have the jurisdiction to decide the matter (27 August 2019). More...

Statement On Judicial Commission Investigation
I have been advised by the Judicial Commission of Victoria that it has dismissed an allegation of misconduct concerning State Coroner Judge Sara Hinchey. On 8 April 2019, the Commission announced that it has referred a complaint to an investigating panel (27 August 2019). More...

Census planners to test privacy risks
Specialist research and advisory consultant, Galexia has been selected by the Australian Bureau of Statistics (ABS) to undertake a privacy impact assessment on plans for the 2021 Census of Population and Housing (26 August 2019). More...

Victims to have their say on wage theft
The Labor Government is holding forums across Victoria and will consult a range of employer groups and unions to ensure the new laws are fair. The government is making the underpayment of wages, as well as the withholding of entitlements such as penalty rates, superannuation and leave a criminal offence (26 August 2019). More...

Police to crack down on protesters using 'locking devices' laced with booby traps
Queensland police will be given new powers to target protesters who use "locking devices" that are being laced with booby traps, Premier Annastacia Palaszczuk says (20 August 2019). More...

Government official who allegedly faked 'anonymous' complaint faces inquiry
The Queensland corruption watchdog orders an investigation into two Workplace Health and Safety officials accused of misusing their "authority and powers" to help CFMEU officials gain access to a worksite (20 August 2019). More...

Queensland courts ban offenders from owning animals
Queensland Courts have banned 260 offenders from owning animals, a new report by the Queensland Sentencing Advisory Council revealed. The new Sentencing Spotlight on Animal welfare offences analysed 13 years of sentencing data shedding light on the penalties imposed (19 August 2019). More...

In practice and courts

Draft Religious Freedom Bills
The Australian Government invites submissions on a package of legislative reforms on religious freedom. These are the: Religious Discrimination Bill 2019; Religious Discrimination (Consequential Amendments) Bill 2019 and Human Rights Legislation Amendment (Freedom of Religion) Bill 2019. The draft Bills are available on the Attorney-General's Department website. Submissions on the Bills close on 2 October 2019.

Whole of Australian Government Legal Services Panel
The Whole of Australian Government Legal Services Panel commenced on 15 August 2019. Alongside the panel, Commonwealth agencies can use AGS for any legal work at any time. Participating agencies must use the panel for new legal services procurements from 15 August 2019, subject to some exemptions. More...

Queensland

Attorney-General: Learn how to effectively resolve disputes
The Department of Justice and Attorney-General is offering training for people interested in becoming accredited mediators in commercial, workplace, neighbourhood and family matters. For more information about Mediation Level 1 and Level 2 courses, and to register click here (26 August 2019). More...

Practice directions
The Chief Judge of the District Court of Queensland has issued the following practice direction:
Practice Direction 7 of 2019—Designation of court holidays registry
Practice Direction 8 of 2019Evidence Act

QAO: Financial Reporting Requirements (FRRs) and the new accounting standards
Queensland Treasury Financial Reporting Requirements (FRRs) for 2017–18 are available on Queensland Treasury's website (21 August 2019). More...

QLS: Centrelink's compliance program
21 August 2019 - On 31 July 2019, the Senate referred to the Senate Community Affairs References Committee an inquiry into Centrelink's compliance program, particularly the Government's automated debt collection practices. This is the Committee's second inquiry into Centrelink's compliance program. Read the final report of that inquiry here. Please provide your feedback to the Legal Policy Team by 30 August 2019.

QLS: Titles registry—Witnessing requirements
A new draft Part 61 of the Land Title Practice Manual has been released outlining revised practice requirements for witnessing titles registry instruments. The revised requirements implement amendments to the Land Title Act 1994 and the Land Act 1994 which are expected to commence in the coming months. Please provide your feedback to the Legal Policy Team by Friday, 30 August 2019. More...

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.

Current Consultations

Department of Justice and Attorney-General
Proposed reforms to child sexual offence laws Closes 20 September 2019
Consultation on draft legislation proposing reforms to child sexual offence laws.

Current Consultations
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

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

Discussion paper: a model for positive human rights reform
Australian Human Rights Commission: 29 August 2019
This paper outlines what our current system of human rights protections looks like, how it is and isn't effective in ensuring that government respects, protects and fulfils our human rights, why reforming the current system is critical, and options for reform Discussion paper: a model for positive human rights reform

Australia's implementation of the OECD Anti-Bribery Convention
Cat Barker, Foreign Affairs, Defence and Security: 28 August 2019
The recommendations in the two reports provide a useful starting point for consideration of measures to further improve Australia's compliance with the Convention and its broader response to foreign bribery. More...

Annual Report 2018–19
VAGO: Tabled 29 August 2019
This report covers the activities of VAGO for the period 1 Cover of the Annual Report 2018-19, July 2018 to 30 June 2019. More...

Managing Registered sex offenders
VAGO: Tabled 28 August 2019
Victoria's sex offender registration scheme requires registered sex offenders (RSOs) to keep police informed of key personal details throughout a determined reporting period. This audit examined whether Victoria Police has the governance structure and organisational capability and capacity to manage RSOs. More...

Report on the appointment of a Parliamentary Integrity Adviser
Legislative Council Privileges Committee (Vic), Legislative Assembly Privileges Committee (Vic)
Parliament of Victoria: 29 August 2019
This report outlines the scope of the position of Parliamentary Integrity Adviser in Victoria. More...

Independent review into sex discrimination and sexual harassment, including predatory behaviour, in Victoria Police: Phase 3 audit and review
Victorian Equal Opportunity and Human Rights Commission: 27 August 2019
The Victorian Equal Opportunity and Human Rights Commission has released this third report from its independent review into sex discrimination and sexual harassment in Victoria Police. The report identifies the significant progress Victoria Police has made on gender equality since 2015, while highlighting the ongoing work and commitment needed to stamp out workplace harm. More...

Young people returning to sentenced youth justice supervision 2017–18
Australian Institute of Health and Welfare: 27 August 2019
This research finds that of young people aged 10–17, who were under youth justice supervision at some time from 2000–01 to 2017–18, 41% returned to supervised sentence before turning 18. Of young people aged 10–16 in 2016–17 and released from sentenced community-based supervision, 24% returned to sentenced supervision in 6 months, and 47% within 12 months. More...

Government Advertising: June 2015 to April 2019
ANAO Report No 7: 26 August 2019
The objective of this audit is to assess the effectiveness of the Department of Finance's and selected entities' implementation of the Australian Government's campaign advertising framework. More...

OAIC Corporate Plan 2019–20
23 August 2019 - Our Corporate Plan for 2019–20 sets out our vision for increasing public trust and confidence in the protection of personal information and access to government-held information. More...

Jurors, social media and the right of an accused to a fair trial
Jemma Holt; Tasmania Law Reform Institute: 20 August 2019
Jurors' use of social media and other internet activity during criminal trials is the focus of research underway at the Tasmania Law Reform Institute (TLRI). There has been limited research in this area in Australia and overseas. The prevalence of juror misconduct of this kind remains largely unknown. More...

Implementation of the 'Smith Review' and progress in strengthening protective security procedures, practices and culture: 12 month follow up review
Peter Vardos; Department of the Prime Minister and Cabinet (Australia): 19 August 2019
This review considers progress to date in strengthening PM&C's protective security procedures, practices and culture protective security culture. It also includes recommendations to guide ongoing efforts to mature protective security culture across the department and broader Australian Public Service. More...

Cases

Roadshow Films Pty Limited v Telstra Corporation Limited [2019] FCA 1328
INTELLECTUAL PROPERTY – Copyright – application for injunction under s 115A of the Copyright Act 1968 (Cth) – carriage service providers – whether online locations outside Australia infringed or facilitated the infringement of copyright works – whether online locations has the primary purpose or the primary effect of infringing or facilitating an infringement of copyright – injunction granted
Copyright Act 1968 (Cth) ss 90, 115A, 126, 184; Copyright (International Protection) Regulations 1969 (Cth) reg 4
Telecommunications Act 1997 (Cth) s 313(3)

Australian Broadcasting Corporation v Kane [2019] FCA 1312
PRACTICE AND PROCEDURE – interlocutory application – application for notice to produce to be set aside – application for leave to file amended originating application – application for order under rules 20.13 and 20.15 of the Federal Court Rules 2011 (Cth) requiring the second and third respondents to give discovery of documents – applicant seeking information on oath when warrant under challenge was issued – notice to produce and application for discovery filed in context of exercise of intrusive law enforcement powers – sufficient definition of the issues required to enable the Court to see a real issue, proof of which would be assisted by the documents and information sought – information sought would not assist the applicant's case as pleaded – notice to produce set aside – order for discovery refused – application for leave to file first proposed amended originating application granted
Federal Court Rules 2011 (Cth) rr 20.11, 20.13, 20.15; Judiciary Act 1903 (Cth) s 39B; Administrative Decisions (Judicial Review) Act 1977 (Cth) s 5; National Security Information (Criminal and Civil Proceedings) Act 2004 (Cth)

Gold Coast Lifestyle Association and Department of Infrastructure and Regional Development and Cities (Freedom of information) [2019] AICmr 59
Freedom of Information — Whether documents contain deliberative matter prepared for a deliberative purpose — Whether disclosure would have a substantial adverse effect on the proper and efficient conduct of the operations of an agency — Whether contrary to public interest to release conditionally exempt documents — (CTH) Freedom of Information Act 1982 ss 11A(5), 47C, 47E
The Department must now provide the applicant with copies of the documents edited only to the extent necessary to delete exempt or irrelevant material, within 28 days of this decision. Minister's letter of approval of the Gold Coast Airport Master Plan

Slatcher v Globex Shipping S.A. [2019] QCA 167
CRIMINAL LAW – PROCEDURE – PROSECUTION – COMMITTAL FOR TRIAL BY JUSTICE OR CORONER – POWERS AND DUTIES OF MAGISTRATE OR CORONER – OTHER MATTERS – where the appellant alleged that the Panamanian-flagged ship "Regina" committed offences by discharging oil into the exclusive economic zone and outer territorial sea off the coast of Queensland – where a complaint and summons concerning the alleged offences and directed to the respondent, a corporation registered in South Korea, was delivered to locations within Australia including the offices of Thynne + Macartney – where the magistrate ruled that the complaint and summons had been duly served upon the respondent – where the primary judge declared inter alia that the complaint and summons had not been served upon the respondent, and that the Magistrates Court has no power to proceed with an examination of witnesses in the absence of service or waiver of the requirement for service – whether the complaint and summons was served upon the respondent – whether the Magistrates Court has power to conduct an examination of witnesses in the absence of service or waiver of the requirement for service of a complaint and summons
Justices Act 1886 Qld s 54(1A), s 56(1); Magistrates' Court Act 1989 Vic s 34, s 41

Prestige & Rich Pty Ltd v McGregor [2019] QDC 151
MAGISTRATES – APPEAL AND REVIEW – QUEENSLAND – APPEAL – appeal against conviction – appeal against penalty – appeal against costs order – where appellant was convicted of offence under s 28(2)(a) Agents Financial Administration Act 2014 – interpretation of Division 5 Agents Financial Administration Act 2014 – where agent gave notice under s 26(2) Agents Financial Administration Act 2014 – where agent subsequently had written notice under s 27(2)(a) Agents Financial Administration Act 2014 – whether agent required to immediately pay amount pursuant to s 28(2)(a) or authorised to retain the funds and subsequently pay out pursuant to s 26(3) – whether the appellant was denied procedural fairness – whether the fine was manifestly excessive – whether the Magistrate erred in the quantum of the costs order
Agents Financial Administration Act 2014 Qld ss 21, 22, 25, 26, 27, 28; Justices Act 1886 Qld ss 157, 158B, 222, 223, 226, 232A; Justices Regulation 2014 Qld s 19, sch 2

Patel v Queensland Building and Construction Commission & Anor [2019] QCAT 223
ADMINISTRATIVE LAW – ADMINISTRATIVE TRIBUNALS – QUEENSLAND CIVIL AND ADMINISTRATIVE TRIBUNAL – whether the applicants were entitled to make a claim for assistance pursuant to s 6 of the Queensland Building and Construction Regulation 2018 – where the first and second respondents allege that the building contract was not validly terminated by the applicants – where the applicants have made an application for costs pursuant to s 102 of the Queensland Civil and Administrative Act 2009 for an adjourned hearing date
Queensland Building and Construction Commission Act 1991 Qld s 67X; Queensland Building and Construction Regulation 2018 Qld s 4(1)(a), s 7, Schedule 6 – s 3; Queensland Civil and Administrative Tribunal Act 2009 Qld s 19, s 20, s 24(1)(b), s 86, s 87, s 100, s 102

Interlink Developments Pty Ltd v Kruger [2019] QCAT 219
PROCEDURE – CIVIL PROCEEDINGS IN STATE AND TERRITORY COURTS – SECURITY FOR COSTS – PROCEDURE – where the Queensland Civil and Administrative Tribunal may make an order for security for costs – where s 109 of the Queensland Civil and Administrative Tribunal Act 2009 (Qld) considered –where the Tribunal considers the financial circumstances of the parties – where the Tribunal considers the prospects of success or merits of the proceeding – where the Tribunal considers the genuineness of the proceeding – where the company has a paid up capital of $8.00 and no other apparent assets – where the company shows a significant decline in the number and value of houses built over the preceding 3 years and its principal suffering deteriorating health – where the Tribunal finds that the respondent fails to put evidence of the current state of the financial state of the company – that an order for security for costs should be made

Duryea v Queensland Racing Integrity Commission [2019] QCAT 226
ADMINISTRATIVE LAW – ADMINISTRATIVE TRIBUNALS – QUEENSLAND CIVIL AND ADMINISTRATIVE TRIBUNAL – Procedure – reopening – whether matter should be reopened – whether a proceeding that has been heard and decided by the Tribunal -Queensland Civil and Administrative Tribunal Act 2009 Qld s 48, s 72(1)(b), s 137, s 137, s 138, s 140

Legislation

Same-Sex Relationships (Equal Treatment in Commonwealth Laws—General Law Reform) (Veterans' Affairs) Regulations 2019
21/08/2019 - These regulations repeal and remake the Same-Sex Relationships (Equal Treatment in Commonwealth Laws — General Law Reform) (Veterans' Affairs) Regulations 2009 without amendments and to ensure dependants of deceased Australian Defence Force members continue receiving benefits under the Military Rehabilitation and Compensation Act 2004 and the Veterans' Entitlements Act 1986.

Queensland

Bills

Youth Justice and Other Legislation Amendment Bill 2019
Introduced by: Hon D Farmer MP on 14/06/2019
Stage reached: Passed with amendment on 22/08/2019

Community Based Sentences (Interstate Transfer) Bill 2019
Introduced by: Hon M Ryan MP on 21/08/2019
Stage reached: Referred to Committee on 21/08/2019

Subordinate legislation as made – 30 August 2019
No 160 Statutory Instruments (Exemptions from Expiry) Amendment Regulation 2019
No 163 Proclamation No. 2—Queensland Civil and Administrative Tribunal and Other Legislation Amendment Act 2019 (commencing remaining provisions)
No 164 Queensland Civil and Administrative Tribunal Regulation 2019
No 166 Queensland Civil and Administrative Tribunal Amendment Rule 2019
No 167 Dispute Resolution Centres Regulation 2019
No 168 Uniform Civil Procedure (Fees) 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.

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