In the media
Applicants forced to give blood tests, waive privacy
rights to work on Shell's QGC project
A company working on the Shell-owned Queensland Gas
Corporation project tells job applicants they will not be accepted
until they submit to blood tests to check if they are at risk of
heart attack, high cholesterol and other conditions (31 October
2019).
More...
HRLC: Queensland Government reforms to cut the influence
of money in politics could be a game changer
The Palaszczuk Government's announcement today that it
will limit political donations and spending in Queensland elections
has the potential to be a game changing reform to strengthen
Queensland democracy (29 October 2019).
More...
Record year in fight against wage theft
The Ombudsman's annual report revealed that Fair Work
Inspectors recovered more than $40 million for 18,000 under-paid
employees — the highest total recoveries figure in the
regulator's history (28 October 2019).
More...
Surveillance device use under more scrutiny
Major crime and corruption lawyer Don McKenzie has been
appointed as the first Surveillance Devices Commissioner in NSW,
Attorney General Mark Speakman announced today. The establishment
of a Surveillance Devices Commissioner is part of the NSW
Government's response to the Ombudsman's Operation Prospect
probe into conduct of state law enforcement officers during
investigations between 1999 and 2002 (27 October 2019).
More...
First prosecution under Queensland's pioneering
industrial manslaughter laws
In a first for Queensland, the Work Health and Safety
Prosecutor has commenced a prosecution against Brisbane Auto
Recycling Pty Ltd and the company directors for industrial
manslaughter under the Work Health and Safety Act 2011. This the
first prosecution for industrial manslaughter in Queensland and is
the result of a comprehensive investigation into the fatality. (25
October 2019).
More...
In practice and courts
High Court of Australia
High Court of Australia Bulletin [2019] HCAB 8 (25 October
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. 44/2019, 4 November 2019.
More...
AHRC: Submission date extended for the National
Conversation - have your say
The Australian Human Rights Commission has extended the
date to hear from anyone on the key human rights priorities for
Australia into the future. Submissions for the Free and
Equal: An Australian conversation on human rights project
will be kept open until 29 November 2019 (08 November
2019).
More...
Federal Court of Australia - National Defamation
Practice Note
09 November 2019 - The practice note for the conduct of
defamation proceedings in the Federal Court has now been finalised,
following consultation with the profession. The Practice Note will
take effect from 12 November 2019, and to the extent practicable,
will apply to all defamation proceedings, whether commenced before
or after 12 November 2019.
More...
Joint communiqué from Australia's
anti-corruption Commissioners
This communiqué addresses practical measures by
which corruption may be detected, exposed and prevented (29 October
2019).
More...
Current Consultations
Legal and Constitutional Affairs References Committee
– November 2019
Impact
of changes to service delivery models on the administration and
running of Government programs
Nationhood,
national identity and democracy
Native
Title Legislation Amendment Bill 2019
Customs
Amendment (Product Specific Rule Modernisation) Bill 2019
[Provisions]
Crimes
Legislation Amendment (Sexual Crimes Against Children and Community
Protection Measures) Bill 2019 [Provisions]
OAIC: Consultation opens on draft privacy rules|
The OAIC is seeking feedback over its draft Privacy
Safeguard Guidelines. The planned rules apply to the Consumer Data
Right (CDR) regime, which aims to provide
Australians with greater choice and control over how their data
will be used and disclosed. The CDR scheme will be rolled out in
February, starting with the banking sector. Closing date for
submissions is November 20. Click
herefor more details.
ACMA: The form of records kept by broadcasters
Consultation closes: 08 November 2019
We've decided to update the instrument that sets out the form
of the records broadcasters need to keep. A draft of the updated
instrument can be downloaded
here.
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 beenextended 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.
More...
Queensland
Chief of Family Court concedes the need for more judges
and opens door for a Federal Judicial Commission to stop political
appointments
Australia's Federal Circuit and Family Courts need up
to five new judges, would benefit from considerable additional
funding, andare moving fast to clear a backlog of delayed
judgements, according to the court's chief judge (31 October
2019).
More...
QLS: Parliamentary update for 22–24 October 2019
A number of key legislative reforms were passed in Parliament
last week, including:
Civil Liability and Other Legislation Amendment Bill 2018
Workers' Compensation and Rehabilitation and Other Legislation
Amendment Bill 2019
Summary Offences and Other Legislation Amendment Bill 2019
(30 October 2019).
More...
Where next for law reform? Final Report Launch
Australian Law Reform Commission - Speakers include
Justice Sarah Derrington, President of the ALRC, and the Hon
Michael Kirby, inaugural Chairman of the ALRC. The launch will be
held at the Harry Gibbs Commonwealth Law Courts Building, North
Quay, on 2 December 2019.
More...
Published - articles, papers, reports
Twitter is banning political ads – but the real
battle for democracy is with Facebook and Google
Johan Lidberg from Monash University,The Conversation
November 01, 2019
Banning political advertising only deals with a symptom of the
democratic flu the platforms are causing. The root cause of the flu
is the fact social media platforms are no longer only platforms
– they are publishers. Until they acknowledge this and agree
to adhere to the legal and ethical frameworks connected with
publishing, our democracies will not recover.
More...
Implementation of the Digital Continuity 2020
policy
Australian National Audit Office: 31 October 2019
The objective of this audit was to examine the extent to which
Australian Government entities have implemented the Digital
Continuity 2020 policy, and how effectively the National Archives
of Australia is monitoring, assisting, and encouraging entities to
meet the specified targets of the policy. More...
Royal Commission into Aged Care Quality and Safety
interim report: Neglect
Royal Commission into Aged Care Quality and Safety: 31
October 2019
The Royal Commission's Interim Report lays the foundations for
the fundamental reform and redesign of Australia's aged care
system. It is clear that a fundamental overhaul of the design,
objectives, regulation and funding of aged care in Australia is
required – not merely patching up. More...
Joining the dots: 2018 census of the Australian health
justice landscape
Suzie Forell, Marie Nagy; Health Justice Australia: 30
October 2019
Health justice partnerships are collaborations that embed legal
help into healthcare settings, joining the dots between the legal
and social problems that make or keep people unwell. More...
What children and young people in juvenile justice
centres have to say
Advocate for Children and Young People (NSW): 29 October
2019
This report details the findings from ACYP consultations with
children and young people in Juvenile Justice Centres between 2015
and 2019. ACYP consulted with young people in detention to inform
the development of New South Wales' first Strategic Plan for
Children and Young People. More...
Addressing and
preventing sexist advertising: an analysis of local and global
promising practice
Lauren Gurrieri, Rob Hoffman; RMIT University: 29 October
2019
This research paper explores the efficacy of interventions that aim
to address sexism or promote progressive gender representations in
advertising, highlighting examples of local and global promising
practice.
Australian Journal of Administrative Law update: Vol 26 Pt
3
November 4, 2019 - This Part includes the following articles:
"A Typology of Materiality" – Paul Daly;
"Failure to Adhere to Policy: A Category of Jurisdictional
Error?" – Patrick McCabe; and "Creating a Framework
for Evaluating the 'Effectiveness' of the Commonwealth
Ombudsman" – Jeremy (Wei Peng) Soh
Journal of Judicial Administration update: Vol 29 Pt
1
October 24, 2019 - The latest Part of the Journal of Judicial
Administration includes the following articles: "Protecting
Victims and Vulnerable Witnesses Participating in Royal
Commissions: Lessons from the 2016–2017 Royal Commission into
the Protection and Detention of Children in the Northern
Territory" – Taylah Cramp and Anita Mackay; and
"Robo-Judge: Common Law Theory and the Artificially
Intelligent Judiciary" – Meena Hanna.
Australian Bureau of Statistics
01/11/2019
Gender Indicators, Australia, Nov 2019 (cat no. 4125.0)
Cases
Australian Copyright Council:Roadshow Films Pty Limited
v Telstra Corporation Limited [2019] FCA
1328
Roadshow Films, applying with other companies with
copyright interests in cinematograph films, sought an injunction
under section 115A of the Copyright Act 1968 (Cth) against websites
located outside Australia accused of infringing, or facilitating
the infringement of, copyright
In determining whether to grant the injunction, the Court can take
a number of matters into account as specified in section 115A(5).
The websites were found to infringe copyright flagrantly, they had
directories of motion pictures and television programs and they
displayed a disregard for copyright generally (28 October 2019)
Callychurn and Australian Securities and Investments
Commission [2019] AATA
4543
CORPORATIONS — consumer credit — application
for review of decision prohibiting applicant from engaging in any
credit activities for a specified period under s 80(1) of the
National Consumer Credit Protection Act 2009 (Cth)
JURISDICTION — scope of review on remittal – order that
the matter be remitted to the Tribunal for further consideration in
accordance with law — no express or implied limitation
— matter remitted is the whole matter — matter remitted
is not confined to the question of law considered – new
grounds and evidence raised before this Tribunal on review
following remittal
Acts Interpretation Act 1901 (Cth), s 2C(1); Administrative Appeals
Tribunal Act 1975 (Cth), ss 43, 43(1)
Matthews v Markos [2019] FCA
1827
HUMAN RIGHTS — application for leave to commence
proceedings under s 46PO(3A)(a) of the Australian Human Rights
Commission Act 1986 (Cth) — where Australian Human Rights
Commission terminated the complaint primarily on the basis that it
was filed more than 12 months after the alleged discrimination took
place — whether application arguable and not fanciful —
delay not such as to render it inappropriate to grant leave –
leave granted nunc pro tunc
Mendonca v Tax Practitioners Board
[2019] FCA 1757
ADMINISTRATIVE LAW — challenge to a decision of the
Tax Practitioners Board pursuant to the Administrative Decisions
(Judicial Review) Act 1977 (Cth) and s 39B of the Judiciary Act
1903 (Cth) — Board exercised discretion not to investigate
conduct that may breach the Tax Agent Services Act 2009 (Cth)
— whether jurisdictional error — whether Board
understood nature or scope of the discretion – decision set
aside
Mullen v Aged Care Quality and Safety
Commissioner [2019] FCA
1726
ADMINISTRATIVE LAW — freedom of information - where
applications made for access to information under Freedom of
Information Act 1982 (Cth) — secrecy provisions under Part
6.2 of Aged Care Act 1997 (Cth) — exempt documents —
whether information protected information - whether information
protected on basis it related to affairs of an approved provider -
whether potential for disclosure upon application under Aged Care
Act and in discretion of Secretary of Department of Social Services
relevant to protected status of information - statutory
construction
Administrative Appeals Tribunal Act 1975 (Cth) s 44
Aged Care Act 1997 (Cth) ss 2, 3-1, 3-2, 3-3, 3-4, 86-1, 86-2,
86-3, 86-9, Parts 6.2, 6.3, Schedule 1
Freedom of Information Act 1982 (Cth) ss 3, 40, 11, 11A, 16, 38,
47E, 47F, 54L, 55G, 55K, 57A, 60, 93A, Parts III, IV, VII, Schedule
3
Fisher v Queensland Building and Construction
Commission [2019] QCAT
323
ADMINISTRATIVE LAW — ADMINISTRATIVE TRIBUNALS
— QUEENSLAND CIVIL AND ADMINISTRATIVE TRIBUNAL — when a
person is a 'person affected' by a decision of the QBCC
— standing to appeal a QBCC decision — complaint by a
member of the public — complaint against a QBCC
licence-holder — complaint against a building certifier
Building Act 1975 Qld s 90, Schedule 2; Queensland Building and
Construction Commission Act 1991 Qld s 74F, 86(1)(j), s 86C(3), s
86E(b), s 87; Queensland Civil and Administrative Tribunal Act 2009
Qld
Johnson v Workers' Compensation Regulator
[2019] QSC 264
ADMINISTRATIVE LAW — JUDICIAL REVIEW —
REVIEWABLE DECISIONS AND CONDUCT — REVIEWABLE CONDUCT —
where WorkCover Queensland initially accepted the applicant's
claim for compensation for psychiatric injuries suffered during her
employment at Townsville Hospital — where Townsville Hospital
applied to the respondent Regulator for review of WorkCover's
decision to accept the applicant's claim on the grounds that
the decision was made without all relevant information, namely
without the Hospital's investigation report — where the
Hospital's application did not enclose said investigation
report, only indicating that a copy of the report was forthcoming
— where the Hospital investigation's report was later
provided to the respondent Regulator, by which time the applicant
argues the Hospital's application was out of time –
whether the Hospital's application to the respondent Regulator
met the requirements of s 542(5) of the Workers' Compensation
and Rehabilitation Act (Qld) – whether s 542(5)(c) is to be
construed as imposing a permissive or mandatory requirement on
applicants to attach material documents to the application for
review
Legislation
Commonwealth
Acts
Crimes
Legislation Amendment (Police Powers at Airports) Act
2019
30/10/2019 - Act No. 89 of 2019 as made
Bills
Crimes Legislation Amendment (Police Powers at Airports)
Bill 2019
Assent Act no: 89 Year: 2019 28 October 2019
Amends the: Crimes Act 1914 to: broaden existing identity check
provisions and create offences and powers in relation to identity
check, move-on and ancillary directions by constables and
protective services officers at Australia's major airports; and
Australian Federal Police Act 1979 to provide that the offence of
contravening an identity check or move-on direction is a protective
service offence for the purposes of the Act.
Regulations
Taxation
Administration Amendment (Updating the List of Exchange of
Information Countries) Regulations 2019
01/11/2019 - This instrument amends the Taxation
Administration Regulations 2017 to add eight countries to the list
of foreign countries and foreign territories specified to be
'information exchange countries' for the purposes of
subsection 12-385(4) of Schedule 1 to the Taxation Administration
Act 1953.
AusCheck
Legislation Amendment (Major National Events) Regulations
2019
01/11/2019 - These regulations amend the AusCheck
Regulations 2017 to provide for the establishment and operation of
the AusCheck scheme for major national events purposes, and amend
the Crimes Regulations 2019 to provide additional exclusions from
the spent convictions scheme.
Crimes
Amendment (National Disability Insurance Scheme—Worker
Screening) Regulations 2019
31/10/2019 - These regulations prescribe a person or body
in New South Wales, South Australia, Tasmania and the Australian
Capital Territory to be authorised to receive, use and disclose
spent, pardoned and quashed convictions
Queensland
Bills
Criminal
Code (Trespass Offences) Amendment Bill 2019
Introduced by: Mr D Last MP on 1/05/2019
Stage reached: 2nd reading to be moved on 1/11/2019
Weapons
and Other Legislation (Firearms Offences) Amendment Bill
2019
Introduced by: Mr T Watts on 1/05/2019
Stage reached: 2nd reading to be moved on 1/11/2019
Police Powers and Responsibilities and Other Legislation Amendment
Bill
Introduced by: Hon M Ryan MP on 18/09/2019
Stage reached: 2nd reading to be moved on 4/11/2019
Police
Service Administration (Discipline Reform) and Other Legislation
Amendment Bill 2019
Stage reached: Passed with amendment on 17/10/2019
Assent Date: 30/10/2019 Act No: 32 of 2019 Commences: Date of
Assent
The Bill contains the amendments necessary to implement the
proposed police discipline system and will ensure the public's
confidence in the QPS is maintained, provide efficiencies in the
investigation of complaints and hearing of allegations, educate
officers and improve their performance, and suitably discipline
officers, if required.
Electoral
and Other Legislation Amendment Bill 2019
Stage reached: Passed with amendment on 16/10/2019
Assent Date: 30/10/2019 Act No: 31 of 2019 Commences: by
Proclamation
This Bill was passed on 16 October 2019 but is yet to receive Royal
Assent. The Bill implements important reforms to improve the
integrity, transparency and public accountability of the
state's electoral system.
Summary Offences and Other Legislation Amendment Bill
2019
Stage reached: Passed with amendment on 24/10/2019
Assent Date: 30/10/2019 Act No: 35 of 2019 Commences: Date of
Assent
This Act amends the Police Powers and Responsibilities Act 2000,
the State Penalties Enforcement Regulation 2014 and the Summary
Offences Act 2005 to address the use of dangerous attachment
devices.
Civil Liability and Other Legislation Amendment Bill 2018
Stage reached: Passed with amendment on 23/10/2019
Assent Date: 30/10/2019 Act No: 34 of 2019 Commences: see Act for
details
The Act introducies a reverse onus under which an institution must
prove it took reasonable steps to prevent the sexual abuse of a
child in its care and establishes a statutory framework for the
nomination of a proper defendant by an unincorporated institution
to meet any liability incurred by the institution.
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.