In the media
Tougher penalties for international parental child
abductions
Legislation that recently passed through Parliament fills
a current gap in the law and will apply when a child, who is the
subject of a court order or proceedings, is unlawfully retained
overseas without parental consent or a court order. The new
offences will be punishable by up to three years' imprisonment
(21 October 2018).
More...
Uncertainty about side-stepping warrants and detention
must be resolved under encryption bill
The Australian Government's encryption access bill
raises serious questions about the ability of law enforcement and
intelligence agencies to access encrypted private information
without a warrant, as well as the power detain individuals in
certain circumstances (19 October 2018).
More...
A fairer system for considering criminal records in
employment decisions
Employers will be given greater certainty about when they
can reject job applications from people with criminal records. The
Government will amend the Australian Human Rights Commission
Regulations 1989 to clarify that whilst employers can
discriminate on the basis of a 'relevant criminal record',
they won't be able to discriminate if the conviction is
'irrelevant' to the role being applied for (19 October
2018).
More...
Have your say on the future of disability legislation in
Queensland
Minister for Disability Services Coralee O'Rourke has
announced the start of public consultation for the review of the
Disability Services Act 2006. Since the Act commenced
there has been further recognition of the rights of people with
disability at the state, national and international level (17
October 2018).
More...
Police airport powers need to be strictly defined and
subject to proper oversight
The Law Council has told a Parliamentary Committee today
that police powers to request ID and remove people from airports
are currently too broad and not subject to appropriate review in
the event that the wrong decision is made (17 October 2018).
More...
Palaszczuk Government delivers historic abortion
laws
Abortion will be legal in Queensland for the first time in
119 years after the Parliament passed the Palaszczuk
Government's historic laws. Premier Annastacia Palaszczuk said
the Termination of Pregnancy Act 2018 will ensure women
can access services and health professionals can provide these
services without fear or stigma (17 October 2018).
More...
In practice and courts
High Court Amendment (Constitutional Writs and Other
Matters) Rules 2018
These Rules were registered on the Federal Register of
Legislative Instruments on 17 October 2018 and commence on 1
November 2018. The Amendment is available
here and the Explanatory Statement can be found
here .
Queensland Bar Association
Following a review of the provisions in the High Court
Rules 2004 relating to applications for writs of mandamus,
prohibition, certiorari, habeas corpus and quo warranto, the
Justices of the High Court have agreed a number of amendments to
Part 25 of the Rules to provide a more streamlined procedure for
the filing and consideration of applications. More...
AHRC: National Workplace Sexual Harassment Inquiry
– Conversation toolkit
The National Workplace Sexual Harassment Inquiry launched
a conversation toolkit to assist businesses and organisations
conduct facilitated conversations about workplace sexual
harassment. The conversation toolkit has been developed to help
employers, individuals and groups open respectful and productive
discussions in their places of work, and to feed that input into
their submissions to the National Inquiry (26 October 2018).
More...
ALRC reminder: Review of the family law system:
Discussion paper
The Discussion Paper asks 33 questions and makes 124
proposals for change to the family law system,which focus on
support for children in the family law system, improving public
understanding of the family law system, accessible and coordinated
service delivery, and enhanced oversight of the family law system
and its workforce. Submissions close on 13 November 2018. The
Discussion Paper can be found
here.
Review of national arrangements for the protection and
management of identity information
Terms of reference: The Review will
consider ways to enhance or strengthen arrangements for the
protection, use and management of identity information in
Australia. Public submissions will be received until 26 October.
The review is to report by the end of November.
More...
Reminder: Australian Digital Health Agency three month
"opt-out period" for My Health
Record
As
announced by the Australian Digital Health Agency, every
Australian will be offered a My Health Record unless they choose
not to have one during the three-month opt out period which has
been extended to 15 November 2018. A national communications
strategy will be implemented to explain the opt-out process. During
the opt out period individuals who do not want a record will be
able to opt out by visiting here.
Queensland
CCC refers allegations of improper conduct relating to
Operation Stockade to Parliamentary oversight committee
The Crime and Corruption Commission (CCC)
referred an allegation of an offence against section 71B of the
Justices Act 1886 relating to CCC and Queensland Police
Service (QPS) officers involved in Operation
Stockade to the Parliamentary Crime and Corruption Committee
(PCCC) (26 October 2018).
More...
OIC Queensland: New guide to identify and process
documents of an agency for social media, personal web mail and text
messages
The Office of the Information Commissioner recently
published a guideline to assist agencies to identify when these
will be classed as documents of an agency or a minister, as well as
on capturing and processing these documents as part of an access
application. To complement the guideline a quick reference guide
digital documents and right to information has been published and
highlights common digital documents and the requirements under the
Right to Information Act 2009.
More...
QLS Ethics and practice notes
Guidance Statement No.15 – In-house counsel –
practising certificates
On 4 October 2018, the Queensland Law Society Ethics Committee
approved Guidance Statement No.15 for publication.
OIC Queensland: Privacy Impact Assessment workshop
– 26 November 2018
Participants will work through a hypothetical proposed new
program that has significant privacy implications, with a focus on
three elements: mapping personal information flows, identifying
applicable privacy principles and ensuring compliance with the
privacy principles.
More...
Published - articles, papers, reports
Understanding
the disruptive technology ecosystem in Australian urban and housing
contexts: a roadmap
Christopher J. Pettit, Edgar Liu, Ellie Rennie, Jake
Goldenfein, Stephen Glackin; Australian Housing and Urban Research
Institute: 25 October 2018.
While much work has been done in opening up property data assets
across governments, significant work is required on data standards,
privacy standards and data sharing across government, industry and
the non-profit sectors.
Police use of
CCTV on the rail network
Anthony Morgan, Maggie Coughlan; Australian Institute of
Criminology: 18 October 2018.
Despite support from police for the use of CCTV, and its popularity
in public places, there has been limited research into the use of
CCTV by police for investigative purposes. This study attempted to
better understand police demand for CCTV footage from the NSW rail
network.
Young people in
child protection and under youth justice supervision: 1 July 2013
to 30 June 2017
Australian Institute of Health and Welfare: 16 October
2018.
This report presents information on people aged 10–17 who
were in the child protection system and under youth justice
supervision from 1 July 2013 to 30 June 2017.
Article: Australian Information Commissioner and Privacy
Commissioner in The Australian
OAIC: 23 October 2018.
Human error and deception. Compromised credentials. One-off
incidents. This is the reality of most data breaches notified to
the Office of the Australian Information Commissioner since
mandatory reporting began in February.
Judicial Decision-Making in Times of War and Relative Peace
– The Hon Susan Kiefel AC
In some controversial decisions during World War II and in
its aftermath, the Court held invalid statutory and regulatory
measures.
Social values and the criminal law's adaptability to
change
Chief Justice Susan Kiefel AC, Paper delivered at the
International Criminal Law Congress, Byron Bay, 6 October 2018.
Cases
Productivity Partners Pty Ltd v Commonwealth of
Australia [2018] FCA 1562
ADMINISTRATIVE LAW – judicial review of decisions
refusing to pay vocational education provider under Higher
Education Support Act 2003 (Cth) –
where respondents seek dismissal of application for judicial review
as incompetent or, alternatively, summary judgment – whether
decisions were made under an enactment – whether
applicant's legal rights altered or otherwise affected –
whether relief available under s 39B of the Judiciary Act
1903 (Cth) – originating application
dismissed.
Australian Broadcasting Corporation and Department of
Communications and the Arts (Freedom of
information) [2018] AICmr
66
Freedom of Information — Whether material in
document irrelevant to the request — Whether disclosure would
unreasonably affect an organisation in respect of its lawful
business affairs — (CTH) Freedom of
Information Act 1982 ss 22 and 47G.
Galaxy Day Care Pty Ltd v Secretary, Department of
Education and Training [2018] FCA
1549
ADMINISTRATIVE LAW – judicial review of a decision
of a delegate of the respondent to cancel the applicant's
approval as a provider of child care services under s 195H(1)(b) of
A New Tax System (Family Assistance) (Administration) Act
1999 (Cth).
PRACTICE AND PROCEDURE – stay application – whether
delegate's decision should be stayed until completion of
respondent's internal review – whether there is a serious
question to be tried – whether balance of convenience favours
granting a stay.
Legislation
Commonwealth
Regulation
High
Court Amendment (Constitutional Writs and Other Matters) Rules
2018
17/10/2018 - This instrument amends the High Court Rules
2004 to provide for a more streamlined procedure when filing and
considering applications for Constitutional Writs.
Intellectual
Property Laws Amendment (Productivity Commission Response Part 1
and Other Measures) Regulations 2018
16/10/2018 - These Regulations amend the Designs
Regulations 2004, Patents Regulations 1991, Plant Breeder's
Rights Regulations 1994, and Trade Marks Regulations 1995 to
prescribe matters required under provisions of the Acts as amended
by the Intellectual Property Laws Amendment (Productivity
Commission Response Part 1 and Other Measures) Act 2018, and
to align and streamline certain processes involved with obtaining
and maintaining IP rights.
Bills
Copyright Amendment (Online Infringement) Bill
2018
HR Third reading 24/10/2018 - The purpose of the Copyright
Amendment ( Online Infringement ) Bill 2018 (Bill) is to amend the
online copyright infringement scheme , as set out in section 115A
of the Copyright Act 1968 (the Act) , which is aimed at
blocking access by users in Australia to overseas online locations
that facilitate large- scale infringement of copyright.
Discrimination
Free Schools Bill 2018
Introduced Senate – 16/10/2018 - This Bill amends
the Sex Discrimination Act 1984 (the Act), removing the
current exemption for religious schools to discriminate against
students and teachers on the basis of sexual orientation or gender
identification.
Acts
Government
Procurement (Judicial Review) Act 2018
22/10/2018 - Act No. 129 of 2018
Queensland
Subordinate legislation as made
No 159
Public Records (CCYPCG and QR Limited) Amendment Regulation
2018 19 October 2018
No 160
Proclamation—Child Protection Reform Amendment Act 2017
(commencing remaining provisions) 19 October 2018
No 161
Child Protection (Information Sharing) Amendment Regulation
2018 19 October 2018
No 165
Childrens Court Amendment Rule 2018 26 October 2018
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.