In the media
Parliament backs farmers with Criminal Code Amendment
Bill set to become law
The Australian Senate passed the Criminal Code Amendment
(Agricultural Protection) Bill, meaning tough new penalties for
those who incite trespass, property damage or theft on agricultural
land will soon become law. The Attorney General statement
here (12 September 2019).
More...
Decision-making: a right not a privilege for people with
disability
A new interactive e-learning tool is available to promote
greater understanding of a person's right to make decisions and
how to empower people to be in control of their lives and make
their own judgment calls (10 September 2019).
More...
ACMA issues $88,200 in infringement notices under NBN
rules
The Australian Communications and Media Authority
(ACMA) has issued its first infringement notices
under rules designed to ensure telcos provide consumers with
adequate information about their National Broadband Network
(NBN) services (06 September 2019).
More...
HRLC: Solitary confinement must be banned, says
Ombudsman
Solitary confinement is an archaic way of treating people
and is now known to inflict long term and irreversible harm. Today,
in a damning report, the Victorian Ombudsman has called on the
Andrews Government to prohibit in law the use of solitary
confinement (05 September 2019).
More...
Child sex offenders to face mandatory sentences under
Coalition crackdown
Paedophiles would face mandatory jail sentences and the
most serious offenders could be jailed for life under sweeping
changes to Federal sentencing laws to be introduced to Parliament
next week (03 September 2019).
More...
LCA: Parliament should not interfere with judicial
discretion
The Law Council in principle opposes mandatory sentences
as there are risks this may produce injustice in some
circumstances. Mandatory sentencing risks triggering unintended
consequences that are at odds with the intention of the laws and
fundamental principles which underpin the administration of justice
(03 September 2019).
More...
New family responsibilities commissioner appointed
Trailblazing Indigenous and human rights advocate Tammy
Williams has been appointed in the role of Family Responsibilities
Commissioner (01 September 2019).
More...
In practice and courts
LSC: Call for submissions - Managed Investment Scheme
Review of Uniform General Rules
The Legal Services Council has commenced its review of the
Managed Investment Scheme Uniform General Rules 91A-91D and is
seeking submissions from interested parties until 3 October 2019.
You can find more information
here. Click here for the
terms of reference (03 September 2019).
Protocol for the Bar Associations of Australia to raise
any concern about Judicial conduct in Commonwealth courts
The Chief Justice of the Federal Court of Australia, the
Chief Justice of the Family Court of Australia and the Chief Judge
of the Federal Circuit Court of Australia have agreed with the
President of the Australian Bar Association (10 September 2019).
More...
Senate Inquiries – September 2019
Community Affairs Legislation committee
Social
Security (Administration) Amendment (Income Management to Cashless
Debit Card Transition) Bill 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
Nationhood,
national identity and democracy
The Legal and Constitutional Affairs Committees has been referred
the above inquiry, due to report by May 2020. The Discussion paper
is available
here (11 September 2019).
More...
Reminder: Practice directions - High Court of Australia,
No 1 of 2019
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.
More...
Draft Religious Freedom Bill
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
OAIC Guide to privacy regulatory action
Guide to privacy regulatory action has been updated to
provide greater clarity about matters considered by the
Commissioner regarding enforceable undertakings and independent
experts. The update follows a review of similar policies and
enforceable undertakings in relation to other regulatory areas
within the Commonwealth (28 August 219).
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.
More...
Queensland
QLS: Domestic and family violence best practice
Gguidelines
The Queensland Law Society's Domestic and Family
Violence Committee is seeking feedback from members of the legal
profession on its
Best Practice Guidelines (BPG) (04 September
2019).
OIC Qld: Dealing with applications for 'all
documents'
Access applications under the Right to Information Act
2009 or Information Privacy Act 2009 have specific
compliance requirements, which are discussed in the guideline
Assessing the Terms of an Access Application (09 September
2019).
More...
OIC Qld: What if an applicant sends payment in a form
your agency can't accept?
Under the Right to Information Act 2009 (RTI
Act), a valid application must be accompanied by the
application fee. However, some agencies only accept certain forms
of payment or are only able to process forms of payment when they
are received in specific ways (12 September 2019).
More...
Supreme Court of Queensland
Criminal
Practice Rules 1999 and Uniform Civil Procedure Rules 1999 - Forms
- Forms 04 Sep 2019
The following forms have been approved:
Criminal Practice Rules 1999
Form 23 - Notice to be served with Form 21 Subpoena Version 4
approved on 3/09/2019
Form 24 - Notice to be served with Form 22 Subpoena Version 3
approved on 3/09/2019
Uniform Civil Procedure Rules 1999
Form 10C - Notice to defendant served outside the jurisdiction
Version 1 approved on 3/09/2019
Titles Registry Alert No 155: New process for dealing
with registered survey plans
Survey plans lodged for registration on and after the 30th
September 2019, will no longer be retained and instead will be
destroyed 28 days after registration. This is in line with other
Titles Registry documents, excluding original wills and original
powers of attorney (03 September 2019).
More...
CCC Current Investigations
CCC determines not to investigate the Deputy Premier but calls for
improvements to Cabinet processes and legislative reform - 6
September 2019
The CCC has completed its assessment of allegations of corrupt
conduct relating to the Hon. Jackie Trad, Deputy Premier, Treasurer
and Minister for Aboriginal and Torres Strait Islander Partnerships
and her involvement in decision-making relating to Cross River Rail
and the Inner City South State Secondary College
(ICSSSC).
CCC Statement - Update on the assessment of matters relating to the
Deputy Premier - 4 September 2019
The CCC notes reports in the media this morning in relation to the
complaint regarding the Deputy Premier. For clarity, the CCC
confirms that, at this stage, it expects to conclude its assessment
of the matter on 6 September 2019.
The CCC's assessment of allegations relating to the
Premier's Chief of Staff to resume - 2 September 2019
The Crime and Corruption Commission (CCC) can
confirm the Department of the Premier and Cabinet has provided the
CCC with the review undertaken by Ernst and Young.
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
Discussion paper - changes to the Child Protection Act
1999
Closes 27 September 2019
Have your say about options for changes to the child protection
legislation
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
ACLEI is no substitute for a federal ICAC
Bill Browne, The Australia Institute: 11 September
2019
After the Senate passed the Greens bill to establish a federal
anti-corruption commission and the Morrison Government faces new
pressure to establish a strong, independent anti-corruption body,
this paper argues that the existing Australian Commission for Law
Enforcement Integrity (ACLEI) is no substitute for
a National Integrity Commission with teeth. More...
Australia's welfare 2019: in brief
Australian Institute of Health and Welfare: 11 September
2019
This report tells the story of welfare in Australia with key
findings on housing, education and skills, employment and work,
income and finance, government payments, social support, justice
and safety. More...
Understanding the attitudes and motivations of adults
who engage in image-based abuse
Colette Mortreux, Karen Kellard, Nicola Henry, Asher
Flynn
Office of the eSafety Commissioner (Australia): 11 September
2019
This research focuses on perpetrators of image-based abuse and
front-line workers who engage with perpetrators on a professional
basis. More...
Cases
Minogue v Victoria [2019] HCA
31
Constitutional law – State Parliament –
Constitution – Ch III – Where plaintiff convicted of
murder of police officer – Where plaintiff sentenced to
imprisonment for life with non-parole period – Where
plaintiff's non-parole period expired – Where s 74AB of
Corrections Act 1986 (Vic) prevented making of parole
order in respect of plaintiff unless Adult Parole Board satisfied
plaintiff in imminent danger of dying or seriously incapacitated
and does not have physical ability to harm any person, and does not
pose risk to community – Where s 74AB identified plaintiff by
name and applied only to plaintiff – Where plaintiff not in
imminent danger of dying or seriously incapacitated – Where s
74AAA of Corrections Act imposed conditions for making parole order
if person convicted of murder and victim police officer –
Whether ss 74AB and 74AAA contrary to Ch III of Constitution and
therefore invalid – Whether ss 74AB and 74AAA impermissibly
legislatively resentenced plaintiff – Whether ss 74AB and
74AAA impose additional or separate punishment to that imposed by
sentencing court – Whether s 74AB distinguishable from
provision upheld in Knight v Victoria (2017) 261 CLR 306; [2017]
HCA 29 – Whether Knight and Crump v New South Wales (2012)
247 CLR 1; [2012] HCA 20 should be reopened. Constitution, Ch
III.
DHP19 v Secretary of the Department of Health
[2019] FCA 1451
ADMINISTRATIVE LAW – judicial review of a decision
of a delegate of the respondent to cancel the listing of the
applicant's product from the Australian Register of Therapeutic
Goods pursuant to s 30(2) Therapeutic Goods Act 1989
(Cth)
PRACTICE AND PROCEDURE – application for suspension of
operation of decision – whether operation of Secretary's
decision should be suspended – whether there is a serious
question to be tried – consideration of the balance of
convenience and prejudice to the applicant – whether
interests of justice favour granting a suspension of the decision
– where undertakings offered by the applicant
Administrative Decisions (Judicial Review) Act 1977 (Cth)
ss 5, 6, 10, 15(1)(a); Federal Court of Australia Act 1973
(Cth) ss 23, 37AF, 37AG(1)(a); Judiciary Act 1903 (Cth) s
39B
Randlab Australia Pty Ltd v Australian Pesticides and
Veterinary Medicines Authority [2019] FCA
1472
JUDICIAL REVIEW – search warrant – three
condition search warrant – where search warrant issued under
s 143A of the Agricultural and Veterinary Chemicals Code as
scheduled to the Agricultural and Veterinary Chemicals Code Act
1994 (Cth) (Agvet Code) – whether the decision to issue
the search warrant involved jurisdictional error – where
applicants claim the warrant was issued unlawfully – where
applicants claim the execution of the warrant was unlawful –
whether the information on oath was sufficient to justify issuing a
search warrant under the Agvet Code – whether the warrant is
invalid on the face of the warrant – whether description of
the offences was insufficiently particular – where search
terms used to identify electronic material – whether transfer
of electronic material and its removal from the premises was
unlawful under s 132B of the Agvet Code – whether operation
of electronic equipment authorised under s 132B of the Agvet Code
– whether search and seizure of physical items unlawful
– whether executing officers misunderstood the terms of the
warrant – whether the warrant authorised the search and
seizure of evidential material in subsections (a) and (b) of s 3(1)
of the Agvet Code only – severance – whether the
invalid parts of the warrant can be severed from the valid parts
– whether the Court should exercise its discretion not to
return items unlawfully seized
HELD – judicial review application allowed – search and
seizure of electronic material and physical items unlawful –
property to be returned to the applicants
Pathmanathan v St John of God Healthcare Inc
[2019] FCA 1460
HUMAN RIGHTS – application for leave to commence
proceeding otherwise barred by operation of s 46PO(3A) of the
Australian Human Rights Commission Act 1986 (Cth) –
where complaints to the Australian Human Rights Commission
terminated on the basis that the complaints were lodged more than
12 months after the alleged acts, omissions or practices took place
– whether the Court should exercise the discretion to grant
leave.
Estates 77 Pty Ltd v Minister for the
Environment [2019] FCA
1427
ADMINISTRATIVE LAW – application for judicial review
of a decision made under the Environment Protection and
Biodiversity Conservation Act 1999 (Cth) (EPBC Act) –
judicial review under the Administrative Decisions (Judicial
Review) Act 1977 (Cth) and the Judiciary Act 1903
(Cth) – decision of the Minister under s 75(1) of the EPBC
Act – whether the Court can consider whether a proposed
action is likely to have a 'significant impact' on listed
threatened species of cockatoo – whether a question of
jurisdictional fact.
Graham Mahony and Australian Charities and Not-for-profits
Commission (Freedom of information) [2019]
AICmr 64
Freedom of Information — Whether inclusion of
certain matter would cause reasons for decision to be an exempt
document — 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 — Whether
reasonable steps taken to locate documents — (CTH)
Freedom of Information Act 1982 ss 11A(5), 24A, 26(2),
47E(d)
'RE' and Department of Home Affairs (Freedom of
information) [2019] AICmr
63
Freedom of Information —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),
47E(d)
'RC' and TICA Default Tenancy Control Pty Ltd
(Privacy) [2019] AICmr
60
Privacy — Privacy Act 1988 (Cth) —
National Privacy Principles — Australian Privacy Principles
— Definition of 'personal information' –
Collection of personal information – NPP 1 – Breach
substantiated –Data quality – NPP 3 – APP 10
– Compensation awarded for non-economic loss –
Declaration that respondent must take specified steps
John Power and Department of Human Services (Freedom of
information) [2019] AICmr
62
Freedom of Information — Whether documents contain
deliberative matter prepared for a deliberative process —
Whether disclosure is contrary to the public interest — (CTH)
Freedom of Information Act 1982 ss 11A and 47C
I substitute my decision that the material that the Department
found to be exempt under s 47C of the FOI Act is not exempt.
On 4 July 2017, the applicant applied to the Department for access
to:
Memos, reports, briefings, correspondence or other documentation
addressing concerns or flagging the possibility of the sale of
Medicare patient details on the darknet.
R v Wulff; R v Oxenbridge; R v Myers; R v
Walker [2019] QCA
183
CRIMINAL LAW – APPEAL AND NEW TRIAL – APPEAL
AGAINST SENTENCE – GROUNDS FOR INTERFERENCE – SENTENCE
MANIFESTLY EXCESSIVE OR INADEQUATE – where the four
applicants were convicted on their own plea of guilty of official
corruption – where the four aplicants were sentenced to terms
of imprisonment – where each applicant challenges their
sentence on the ground that the imposition of a period of actual
custody makes the sentences manifestly excessive – where it
is contended that the sentences should have been wholly suspended
– whether the imposition of actual custody on each applicant
was a manifestly excessive sentence
APPEAL AND NEW TRIAL – APPEAL - GENERAL PRINCIPLES –
INTERFERENCE WITH DISCRETION OF COURT BELOW – IN GENERAL
– CONTENTION THAT JUDGE WAS MISTAKEN – where three of
the applicants made further contentions that the sentencing judge
erred in considerations made when sentencing – where it is
contended that the learned sentencing judge erred in the
application of the parity principle – where it is contended
that the learned sentencing judge erred in failing to consider a
material consideration in determining the length of the period to
be served prior to suspension – where it is contended that
the learned sentencing judge erred by comparing the criminality of
one of the applicants with people other than the co-offenders, and
conduct other than the co-offending – where it is contended
that if a comparison between the criminality between people who
were not co-offenders was permissible, the learned sentencing judge
erred is his findings – whether the contentions of the
applicants that the trial judge erred can be established –
whether the sentences imposed by the learned sentencing judge were
manifestly excessive
Criminal Code 1899 Qld s 87(1)(a); Penalties and Sentences Act
1992 Qld s 13A, 13A(7)(b)
J.Mac Constructions Pty Ltd v Queensland Building and
Construction Commission [2019] QCAT
249
STATUTES – ACTS OF PARLIAMENT – INTERPRETATION
– costs – interpretation of the Queensland Building
and Construction Commission Act 1991 (Qld) – meaning of
'for the benefit of a creditor'
ADMINISTRATIVE LAW – ADMINISTRATIVE TRIBUNALS –
QUEENSLAND CIVIL AND ADMINISTRATIVE TRIBUNAL ACT – costs
– Queensland Civil and Administrative Tribunal Act
2009 (Qld) – s 100 – s 102
PROCEDURE – CIVIL PROCEEDINGS IN STATE AND TERRITORY COURTS
– COSTS – Queensland Civil and Administrative
Tribunal Act 2009 (Qld) – s 100 – s 102
Queensland Civil and Administrative Tribunal Act 2009 Qld
s 32, s 100, s 102, s 102(3)(a), s 102(3)(b), s 102(3)(c), s
102(3)(d), s 102(3)(e), s 102(3)(f), s 107(1)
Patel v Queensland Building and Construction
Commission [2019] QCAT
247
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
Legislation
Bills
Combatting Child Sexual Exploitation Legislation Amendment
Bill 2019
Senate 12/09/2019 - The Bill protects children from sexual
exploitation by improving the Commonwealth framework of offences
relating to child abuse material, overseas child sexual abuse,
forced marriage, failing to report child sexual abuse and failing
to protect children from such abuse. The Bill amends the
Criminal Code Act 1995(Criminal Code), the Customs Act
1901(Customs Act), the Crimes Act 1914(Crimes Act),
the Surveillance Devices Act 2004 and the
Telecommunications (Interception and Access) Act 1979
Crimes Legislation Amendment (Police Powers at Airports)
Bill 2019
Senate 12/09/2019 – The Bill 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.
Criminal Code Amendment (Agricultural Protection) Bill
2019
House of Representatives Message from Senate reported
12/09/2019
Consideration of Senate message Details: House agreed to Senate
amendments 12/09/2019
Amends the Criminal Code Act 1995 to introduce two new
offences in relation to the incitement of trespass or property
offences on agricultural land
Royal Commissions Amendment (Private Sessions) Bill
2019
HR Message from Senate reported 10/09/2019. Consideration
of Senate message. Details: House agreed to Senate amendments
10/09/2019
Senate 09//09/2019 – Amends the: Royal Commission Act
1902 to: enable a Royal Commission to hold private sessions
where a regulation is made authorising it to do so; enable the
Chair of a multi-member Royal Commission, or a sole Commissioner,
to authorise Assistant Commissioners to hold private sessions; and
impose limits on the use and disclosure of private session
information and certain information given to the Child Sexual Abuse
Royal Commission; and Freedom of Information Act 1982 to
make consequential amendments
National Integrity Commission Bill 2018 (No.
2)
HR 10/09/2019 - The bill establishes the Australian
National Integrity Commission as an independent public sector
anti-corruption commission for the Commonwealth; provides for the
appointment, functions and powers of the National Integrity
Commissioner and commissioners; and makes consequential amendments
to the Law Enforcement Integrity Commissioner Act 2006,
Ombudsman Act 1976 and Public Interest Disclosure Act
2013
Regulation
Australian
Human Rights Commission Regulations 2019
13/09/2019 - These regulations declare additional grounds
of discrimination for the purposes of the Australian Human Rights
Commission's equal opportunity in employment function, provided
for by Division 4 of Part II of the Australian Human Rights
Commission Act 1986.
Disability
Discrimination Regulations 2019
13/09/2019 - These regulations declare 'combat
duties' and 'combat-related duties' for the purposes of
subsection 53(2) of the Disability Discrimination Act
1992. The Regulations also prescribe certain Commonwealth and
State laws for the purposes of subsection 47(2) of the
Disability Discrimination Act 1992.
Telecommunications
(Protecting Australians from Terrorist or Violent Criminal
Material) Direction (No. 1) 2019
09/09/2019 - This instrument directs relevant service
providers to block the websites included in the list of websites
hosting terrorist or violent criminal material, in connection with
the eSafety Commissioner's function of promoting online safety
for Australians by protecting them from access or exposure to
material that promotes, incites or instructs in, terrorist acts or
violent crimes.
Queensland
Bills
Youth
Justice and Other Legislation Amendment Bill 2019
Introduced by: Hon D Farmer MP on 14/06/2019
Assent Date: 5/09/2019 Act No: 23 of 2019
Commences: see Act for details
Youth Justice and Other Legislation Amendment Act
2019
Subordinate legislation as made – 06 September
2019
No 185
Police Service Administration (NDIS Worker Screening) Amendment
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.