In the media

Major building firm in court for allegedly discriminating against subcontractor
 A tiling company who had a legal enterprise agreement (EBA) registered with the Fair Work Commission was refused a contract with a Queensland construction company because the agreement was not endorsed by the CFMEU, according to a claim lodged in the Federal Circuit Court (25 February 2016).   More...

Next step to address corrupt conduct in Queensland
 Attorney-General Yvette D'Ath today released an issues paper for public consultation on the definition of "corrupt conduct" in the Crime and Corruption Act 2001 (25 February 2016).  More...

Queensland Law Reform Commission report on mandatory reporting laws for the early childhood education and care sector released
 The Queensland Law Reform Commission's Report No. 73, Review of Child Protection Mandatory Reporting Laws for the Early Childhood Education and Care Sector, was tabled in Parliament today (25 February 2016).  More...

Operation Lima Violin II Update
 A 34-year-old Broadbeach Waters man has been arrested following a joint Crime and Corruption Commission (CCC) and Queensland Police Service (QPS) taskforce that is investigating serious organised fraud and money laundering offences (24 February 2016).  More...

Six arrested in major boiler room investigation
 Six people have been arrested this morning for their alleged involvement in investment frauds and money laundering following a major 20-month investigation by a joint Crime and Corruption Commission (CCC) and Queensland Police Service (QPS) taskforce (24 February 2016).  More...

Domestic violence research funding welcomed
 Queensland Law Society has welcomed new funding for the CQ University Queensland Centre for Domestic and Family Violence Research. Society president Bill Potts said that the work of the centre was consistent with Queensland Law Society's commitment to the development of policies through evidence-based research (19 February 2016).  More...

QLD toasts NSW lockout laws – with its own
 The Sunshine State's Labor government has followed the precedent set by the NSW Coalition by introducing tough new restrictions on after midnight trading hours and late night takeaway alcohol sales in a bid to stop brawls and opportunistic 'one-punch' assaults on unsuspecting victims (19 February 2016).  More...  More...

Queensland Law Society welcomes legislation to tackle alcohol-fuelled violence
 Queensland Law Society has welcomed the overnight passage of the Government's legislation to tackle alcohol-fuelled violence. The Tackling Alcohol-Fuelled Violence Amendment Bill is part of an election commitment from the current government, and aims to reduce violence through reduced trading hours (18 February 2016).  More...

Report into the Public Safety Business Agency (PSBA) tabled in Queensland Parliament today
 The Minister for Police, Fire and Emergency Services and Minister for Corrective Services Bill Byrne tabled in parliament a report into an independent review of the Public Safety Business Agency (PSBA) (17 February 2016).  More...

Queensland Law Reform Commission releases a consultation paper on expunging historical gay sex convictions
 The Queensland Law Reform Commission has been asked to undertake a review to 'recommend how Queensland can expunge criminal convictions for "historical gay sex offences" from a person's criminal history' (16 February 2016).  More...

Legislation to give greater voice to children and families in court
 Children and families will have a greater voice in child protection proceedings with proposed legislative changes introduced to Parliament today by the Palaszczuk Government (16 February 2016).   More...

In practice and courts

Commonwealth Ombudsman: Report on Coronial Recommendations
 The Ombudsman has prepared a guide outlining suggested administrative principles for responding to coronial recommendations for relevant agencies. It aims to assist agencies participating in a coronial process to be responsive to recommendations made by a coroner in order to improve agency work (22 February 2016).  More...

Call for submissions on expunging gay sex convictions
 The Queensland Law Reform Commission has been asked to undertake a review to recommend how Queensland can expunge criminal convictions for 'historical gay sex offences' from a person's criminal history. A consultation paper (WP 74) seeks input on specific legal issues, including what the nature and features of an expungement scheme should be. The deadline for submissions is 29 March 2016.   More...

QLRC: WP 74: Review of expunging of criminal convictions for historical gay sex offences
 The Attorney-General has requested the QLRC to recommend how Queensland can expunge criminal convictions for historical gay sex offences from a person's criminal history. This Consultation Paper gives an overview of the relevant legal issues in the review. The Commission welcomes submissions on those questions, as well as any other issues relevant to the terms of reference (February 2016).  More...

Queensland Current Inquiries

Examination of Portfolio Subordinate Legislation

Auditor-General Reports referred to the Committee for Consideration

Published – articles, papers, reports

Temporal distribution of crime in Victorian night-time entertainment precincts
 Crime Statistics Agency: 18 February 2016
There is an established relationship between crime and areas with a high density of licensed premises (night-time entertainment precincts).  More...

Cases

Berenyi v Maynard & Anor [2016] QSC 025
 PROCEDURE – CIVIL PROCEEDINGS IN STATE AND TERRITORY COURTS – COSTS – GENERAL RULE – where applicant succeeded on first issue but failed on second issue in case – where first issue involved whether the decision to terminate the applicant's employment was amenable to judicial review – where second issue involved whether this was affected by jurisdictional error – where applicant submitted there be no order to costs – where respondents sought costs based on the event being the outcome of the hearing – where respondents sought indemnity costs based on offers made.  More...

Ghostgum Developments Pty Ltd ATF Coomera Development Trust [2015] QCAT 500
 ANTI-DISCRIMINATION – exemption application – manufactured home park planned for construction – whether ownership should be restricted to those aged 50 and over – whether in the community interest – whether necessary to achieve the stated aims.  More...

Till v Workplace Health and Safety Queensland-Office of Industrial Relations Queensland Treasury Department & Anor [2015] QCAT 496
 GENERAL ADMINISTRATIVE REVIEW – application to review decision of Workplace Health and Safety not to investigate – whether reviewable decision – whether application should be dismissed for lack of substance.  More...

Legislation

Queensland

Bills Introduced 16 February 2016

Child Protection Reform Amendment Bill 2016
This Bill aims to achieve better outcomes for families and children involved in child protection court proceedings, and generally improve the functioning of the Children's Court and the quality of applications for a child protection order. Referred to Committee on 16/02/2016.

Director of Child Protection Litigation Bill 2016
The Bill will establish the independent statutory position of the Director of Child Protection to make decisions as to which matters will be the subject of a child protection application and what type of child protection order will be sought, as well as litigate the applications. Referred to Committee on 16/02/2016. 

Bills Progress

Tobacco and Other Smoking Products (Extension of Smoking Bans) Amendment Bill 2015*
The objective of the Bill is to strengthen smoking bans in Queensland by amending the Tobacco and Other Smoking Products Act 1998 (Qld). Report from Committee on 16/10/2015.

Tackling Alcohol-Fuelled Violence Legislation Amendment Bill 2015
The objective of the Bill is to tackle alcohol-fuelled violence, provide greater clarity and improve operational efficiency in the regulation of licensed premises and ensure consistency across Queensland statutes dealing with directors' liability. Passed with amendment on 17/02/2016.

Multicultural Recognition Bill 2015
The Queensland Government made an election commitment during the 2015 campaign to develop legislation to ensure that State Government policies, programs and services recognise and respond to Queensland's growing culturally and linguistically diverse population. Passed on 16/02/2016.

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.