In the media
Health privacy gets its own guide
The Office of the Australian Information Commissioner
(OAIC) has released a new guide to health privacy
to help keep patients' personal information safe. The guide
brings together a wide range of OAIC advice for all health service
providers covered by the Privacy Act 1988 (10 October
2019).
More...
HRLC: QLD anti-protest law would infringe human
rights
A proposed law that criminalises peaceful protest tactics
would infringe Queenslanders' right to freedom of expression,
association and assembly, human rights lawyers told a parliamentary
committee in Queensland (10 October 2019).
More...
Birth certificates changing lives
Nearly 1,000 people from vulnerable and Indigenous
communities have benefited from free birth certificates in 2018-19,
helping them to access potentially life changing services (08
October 2019).
More...
Religious Freedom Bills – Ai Group releases
submission
Ai Group has released its submission to the Australian
Government's consultation process on the Exposure Drafts of the
three Religious Freedom Bills. While expressing support for the
right to freedom of religion, Ai Group has proposed a series of
amendments to make the Bills workable for Australian businesses (08
October 2019).
More...
High Court to rule on class actions challenge
A High Court decision expected this year on class actions
funding could make it more difficult for cases to be brought if the
ruling overturns use of existing arrangements (07 October 2019).
More...
Greater certainty for employers when hiring staff with
criminal records
The Government has amended the Australian Human Rights
Commission Regulations 1989 to allow employers to exercise
reasonable discretion against prospective employees if their
criminal record is relevant to the position being applied for. But
it remains unlawful for employers to discriminate if the conviction
is irrelevant to the role (03 October 2019).
More...
HRLC: Attorney-General's announcement provides cold
comfort on press freedom
Journalists and whistleblowers will continue to face
prosecution and jail time for revealing government misconduct and
abuse, despite the Attorney-General's announcement, warned the
Human Rights Law Centre (01 October 2019).
More...
Three new Magistrates for Queensland
Attorney-General and Minister for Justice Yvette D'Ath
has appointed three new Magistrates to our Magistrates Courts. The
Magistrates will start their new roles on the 08 October 2019 (01
October 2019).
More...
In practice and courts
OAIC: New guide released to help health sector improve
privacy practice
A comprehensive
guide to health privacy has been released by the
Office of the Australian Information Commissioner
(OAIC) to help keep patients' personal
information safe. The guide brings together a wide range of OAIC
advice for all
health service providers covered by the Privacy Act
1988 (08 October 2019).
More...
Law Council of Australia: Submissions
08 October 2019—Law Council
Religious Freedom Bills
02 October 2019— Law Council
Review of the Identity-Matching Services Bill 2019 and the
Australian Passports Amendment (Identity-matching Services) Bill
2019
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. 40/2019, 8 October 2019.
More...
Cyber security strategy
The new strategy will build on the foundations of the 2016
Cyber Security Strategy. For more information on consultation
events until the end of October 2019, including the discussion
paper.
More...
Reminder: Practice Directions - High Court of Australia,
No 1 of 2019
Legislation and Authorities Appeals and Other Full Court
Matters
Reminder: This Practice Direction takes effect in relation to
matters set down for hearing after 1 October 2019. In consultation
with the respondent and any interveners, the appellant must prepare
a joint book of the authorities which reference will be made during
the course of oral argument at the hearing of the appeal
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 closed on 2 October 2019
Senate Committee Inquiries
Community Affairs Legislation Committee
Social Security (Administration) Amendment (Income Management to
Cashless Debit Card Transition) Bill 2019 Submissions are
sought by 18 October 2019
Social
Services Legislation Amendment (Drug Testing Trial) Bill
2019
Legal and Constitutional Affairs Legislation
Committee
Crimes
Legislation Amendment (Sexual Crimes Against Children and Community
Protection Measures) Bill 2019 [Provisions]
The
impact of changes to service delivery models on the administration
and running of Government programs
Inquiry into the impact of the exercise of law
enforcement and intelligence powers on the freedom of the
press
The inquiry was
referred by the Attorney-General, The Hon Christian Porter MP
who noted that the Government will consider proposals from media
organisations and interested bodies which aim to ensure the right
balance is struck between a free press and keeping Australians
safe.
For further information about the inquiry see the full terms of
reference. As agreed by the Attorney-General, the reporting
date for this inquiry has been extended to 28 November 2019
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
Queensland
QAO Advice: Delivering efficient and effective local
government services
A lot of councils in Queensland, and in the rest of
Australia, are focused on improving their financial sustainability
(03 October 2019).
More...
QAO Report 3: 2019–20: Managing cyber security
risks
Tabled date 1 October 2019.
More...
QAO: Our changing reports and tools
As of this financial year, we are now presenting our
reports digitally on our website. They are easily navigated and
accessible (09 October 2019).
More...
QAO and key audit matters (KAMs)
Published 30 September 2019 Technical
The key audit matters section of the Independent Auditor's
Report has been introduced.
More...
CCC Prosecutions
01 October 2019
Allegations relating to the Premier's former Chief of Staff -
Update
Tabled in Parliament
CCC 2018 - 19 Annual Report
The Crime and Corruption Commission's
(CCC) 2018-19 Annual Report has been tabled in
State Parliament by the Attorney-General (01 October 2019).
More...
QLS: Commissions of Inquiry
Royal Commission into Violence, Abuse, Neglect and
Exploitation of People with Disability (inquiry
here)
Queensland Law Reform Commission: Consent and mistake of fact
review (Terms of Reference
here)
OIC Qld: Our annual report is now available
Our 2018-19 Annual Report has now been tabled and is
available online. The report outlines our performance against key
activities and established targets across our services (30
September 2019).
More...
Published - articles, papers, reports
Cabinet Handbook - 13th edition
Department of the Prime Minister and Cabinet (Australia):
08 October 2019
This handbook is designed to ensure that the Cabinet observes
conventions and principles and fulfils its central purpose of
informed decision-making. More...
The Australian Academy of the Humanities submission to
the Senate Legal and Constitutional Affairs Reference
Committee
Inquiry into Nationhood, National Identity and Democracy;
Australian Academy of the Humanities: 01 October 2019
This resource is the Australian Academy of the Humanities
(AAH) submission to the Senate Legal and
Constitutional Affairs Reference Committee Inquiry into Nationhood,
National Identity and Democracy. More...
DASSH response to the Parliamentary Inquiry into
Nationhood, National Identity and Democracy (2019)
Australasian Council of Deans of Arts, Social Sciences and
Humanities: 30 September 2019
This response will focus on the role of HASS education in
promoting, strengthening and securing the ongoing stability of
democracy and democratic values in the Australian nation. More...
Legal framework for Defence administrative inquiries
into a 'matter concerning the Defence Force': a quick
guide
APH Law and Bills Digest Section: 02 October 2019
This paper sets out the four different methods of conducting a
general administrative inquiry into 'a matter concerning the
Defence Force'. The first two methods are internal inquiries
used by, and subject to, the ordinary chain of command. The last
two methods are independent inquiries external to the ordinary
chain of command.
More...
Cases
Paul Farrell and Department of Home Affairs (No 5) (Freedom
of information) [2019] AICmr
65
Freedom of Information — whether disclosure would
disclose commercially valuable information — Whether
disclosure would have a substantial adverse effect on the proper
and efficient conduct of the operations of an agency —
Whether disclosure of personal information unreasonable —
Whether contrary to public interest to release conditionally exempt
documents — (CTH) Freedom of Information Act 1982 ss
11A, 47, 47E(d) and 47F
Taylor v Department of Health [2019]
FCA 1588
HUMAN RIGHTS — application for interlocutory
injunctive relief in relation to claims of disability
discrimination and adverse actions arising from the Department of
Health 's treatment of an application for registration in the
Australian General Practice Training Program — objection to
competency on the basis the Court does not have jurisdiction
— claims brought under the Disability Discrimination Act
1992 (Cth) and Fair Work Act 2009 (Cth) — no
employment or prospective employment relationship — no
termination of the disability discrimination complaint by the
President of the Australian Human Rights Commission — whether
jurisdiction under s 39B(1A)(c) of the Judiciary Act 1903
(Cth) — objection to competency upheld
Burns v Gaynor (No. 2) [2019]
NSWDC 55
TORT – defamation – remedies for Facebook
publications – plaintiff brings proceedings for defamation
(in the District Court) and for remedies under the
Anti-Discrimination Act 1977 (NSW) (in the
NCAT) against a Facebook account holder the first
defendant) and against the second defendant for his part of the
publication on the first defendant's Facebook page –
publication pleaded as being downloaded by four of the other
participants in the Facebook debate – plaintiff obtains
damages award in the NCAT and settles his claim in the defamation
proceedings against the first defendant, who was the Facebook
account holder – remaining defendant seeks dismissal of the
claim as an abuse of process – plaintiff seeks summary
dismissal of the defence – whether action liable to be
dismissed as an abuse of process on the grounds of proportionality
–whether multiple proceedings for different causes of action
arising from the same publication may amount to abuse of process
– whether the court resources required to determine the claim
will be out of all proportion to the interest at stake –
trial issues may include consideration of overlapping heads of
damage and s 38 Defamation Act issues – likelihood that
damages awarded would be very small – proceedings dismissed
on the principles of proportionality
Port Macquarie-Hastings Council v Waite
[2019] NSWLEC 146
CRIMINAL OFFENCES: voir dire as to the admissibility of a
record of interview in criminal proceedings – whether
evidence inadmissible by reason of a failure of the council to
advise the accused of his privilege against self-incrimination as
required under statute – whether accused required to answer
questions or whether interview voluntary. EVIDENCE: whether record
of interview was illegally or improperly obtained – whether
admissions contained in record of interview should be excluded on
discretionary grounds.
La Valette v Chambers-Grundy
[2019] NSWSC 1355
CIVIL PROCEDURE – issue of notice to produce
documents recording communications with overseas medical
practitioners – whether merely a fishing expedition PRIVATE
INTERNATIONAL LAW – Application for leave to serve subpoenas
and accompanying letters of request in Bermuda, Nevada, Florida and
California for production of medical records – whether
jurisdiction pursuant to the Hague Evidence Convention or inherent
jurisdiction of the court.
Ljubisavljevic v Workers Compensation Commission of New
South Wales [2019] NSWSC
1358
ADMINISTRATIVE LAW – judicial review – workers
compensation – medical dispute as to degree of whole person
impairment – request by worker to be re-examined by Appeal
Panel – whether Appeal Panel bound to examine worker –
where certificate of determination entered before application for
review of decision of Appeal Panel – decision of Arbitrator
refusing to rescind certificate – whether Appeal Panel failed
to engage with worker's arguments.
Chisari v Department of Justice and Attorney General,
Offender Debt Recovery Program [2019] QCAT
288
ADMINISTRATIVE LAW – ADMINISTRATIVE TRIBUNALS
– QUEENSLAND CIVIL AND ADMINISTRATIVE TRIBUNAL –
general administrative review matter – where the applicant
was convicted of offences – where order of compensation made
by the District Court in 2004 – where payment made to the
victim by the State in satisfaction of the order under the
Criminal Offence Victims Act 1995 (Qld) in 2005 where
action taken by the State to recover the amount from the offender
under the Victims of Crime Assistance Act 2009 (Qld) in
2017 – whether the Limitations of Act applied – where
the grounds for disputing the recovery are available to the
offender
Alou v R [2019] NSWCCA
231
CRIME – Terrorism offences – Aid, abet,
counsel or procure the commission of terrorist act - CRIME –
Appeals – Appeal against sentence – Whether error in
sentencing applicant on basis that prospects of rehabilitation were
poor – Assessed prospects of rehabilitation on basis of
evidence at the time CRIME – Appeals – Appeal against
sentence – Whether strong element of general or personal
deterrence required SENTENCING – Relevant factors on sentence
– Deterrence – General deterrence SENTENCING –
Relevant factors on sentence – Deterrence – Personal
deterrence CRIME – Appeals – Appeal against sentence
– Whether error in giving primacy to deterrence,
incapacitation and retribution over rehabilitation and youth
– Applicant 18 years of age – Terrorism Offence
SENTENCING – Relevant factors on sentencing – Relevance
of Youth – Terrorism Offences CRIME – Appeals –
Appeal against sentence –Whether error in failing to take
into account existence of continuing detention scheme for high risk
terrorist offenders HIGH RISK OFFENDERS – Continuing
detention orders –High risk terrorist offenders –
Relevance to sentencing CRIME – Appeals – Appeal
against sentence – Manifest excess CRIME – Appeals
– Appeal against sentence – Section 19AG Crimes Act
(1914) (Cth) – Whether error in failing to determine an
appropriate non-parole period – Whether error in fixing the
non-parole period – Whether section 19AG Crimes Act
(1914) (Cth) invalid – Statutory minimum non-parole
period CONSTITUTIONAL LAW – Commonwealth Constitution –
Legislative Power – Validity of section 19AG Crimes Act
(1914) (Cth) – Whether incompatible with the exercise of
judicial power – Statutory minimum non-parole period
Vok v Director of Public Prosecutions
(NSW) [2019] NSWCA
242
ADMINISTRATIVE LAW – judicial review –
jurisdictional error – where applicant convicted of knowingly
contravening apprehended personal violence order – where
applicant appealed against conviction to District Court –
whether District Court exceeded jurisdiction in dismissing
conviction appeal – no question of principle.
Legislation
Commonwealth
Regulation
Public
Interest Disclosure Rules 2019
11/10/2019 - These rules bring the Australian Securities
and Investments Commission back within the scope of the Public
Interest Disclosure Act 2013
Queensland
Bills updated in the last week
Community Based Sentences (Interstate Transfer) Bill 2019
Introduced by: Hon M Ryan MP on 21/08/2019
Stage reached: 2nd reading to be moved on 8/10/2019
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.
