In the media
ABA considers alternative funding options to
Australia's legal assistance crisis.
The Australian Bar Association says that in addition to continuing
to press Federal and State Governments to appropriately fund legal
assistance for those in need, it is considering new and alternative
sources of funding for the sector (09 September 2016). More...
17-year-olds to be moved to youth justice
The Palaszczuk Government will introduce legislation to Parliament
next week to end the practice of treating 17-year-olds as adults in
Queensland's justice system. The United Nations Convention on
the Rights of the Child considers a person as a child until the age
of 18 (07 September 2016).
More...
Queensland Government vows to remove 17yos from adult
prisons
Queensland Premier Annastacia Palaszczuk promises to end the
incarceration of 17-year-olds in adult prisons within a year,
acknowledging that new facilities may have to be built (07
September 2016).
More (ABC News)...
More (QLD Law Society Media Release No.1)...
More (QLD Law Society Media Release No.2)...
Linc energy: Criminal proceedings in doubt as
liquidators seek to not answer charges
Criminal proceedings against failed resources company Linc Energy
are in doubt after liquidators indicated they would seek to not
answer environmental harm charges (07 September 2016).
More...
No right to remain silent for Queensland police:
court
Queensland police officers do not have the right to remain silent
during internal disciplinary investigations, the Court of Appeal
finds in a landmark legal case (06 September 2016).
More...
CCC to investigate Gold Coast council
elections
The CCC has determined to continue with its inquiries and
investigate allegations of corrupt conduct relating to the 2016
Gold Coast City Council elections (05 September 2016).
More...
Why the public sector must learn to love complaints:
Ombudsman
Victorian public sector agencies should welcome complaints from
members of the public as free feedback that can help them improve
their service, Victorian Ombudsman Deborah Glass said, tabling the
Complaints: Good Practice Guide for Public Sector Agencies in
the Victorian Parliament (01 September 2016).
More...
HRLC: Queensland rejects moves to modernise abortion
law
A Queensland parliamentary committee has rejected a proposal to
bring Queensland's abortion laws into line with clinical
practice and common sense. At the same time the committee neglected
to recommend a clear path for long overdue law reform (31 August
2016).
More...
QLS calls for respect of High Court decision in case of
Gerard Baden-Clay
Queensland Law Society has called on members of the public and
politicians alike to respect the ruling in the Baden-Clay matter
handed down on Wednesday August 31 by the High Court of Australia
(31 August 2016).
More...
New and comprehensive laws to target serious organised
crime
The Palaszczuk Government will target serious organised crime in
Queensland with new and comprehensive laws to be introduced to
Parliament in a fortnight. The legislation was the Government's
response to findings of the Queensland Organised Crime
Commission of Inquiry (Byrne Inquiry), the Taskforce on
Organised Crime legislation and the statutory review of the
Criminal Organisation Act 2009 (30 August 2016).
More...
New legislation to restore fairness in Queensland
workplaces
The Palaszczuk Government has introduced new legislation to restore
fairness to Queensland workplaces. Industrial Relations Minister
Grace Grace said the Industrial Relations Bill 2016
introduced today would wipe away the last vestiges of the former
Newman Government's unfair industrial relations laws in
Queensland (30 August 2016).
More...
In practice and courts
CCC to hold public forum: corrupt
conduct
The CCC will hold a public forum on 6 and 7 October 2016 to discuss
whether publicising allegations of corrupt conduct is in the public
interest.
Cases
Millar
v Right to Information and Privacy Unit, Public Safety Business
Agency [2016] QSC 206
ADMINISTRATIVE LAW – JUDICIAL REVIEW – REVIEWABLE
DECISIONS AND CONDUCT – DISCRETION NOT TO ENTERTAIN
APPLICATION – where applicant seeks judicial review of
decisions of first and second respondent not to release records
under the Right to Information Act 2009 (Qld) and the
Information Privacy Act 2009 (Qld) – where there are
alternative avenues available for applicant to seek review of
decisions – whether application should be dismissed.
Kenealy
v Queensland Building and Construction Commission [2016] QCAT
305
GENERAL ADMINISTRATIVE REVIEW – where direction to rectify
not issued – whether breaks in storm water and sewer pipes
result of defective building work – where decision not to
issue direction on basis of not reasonable due to cause not being
known – where further investigation shows cause was failure
to connect storm water pipe to street discharge – where
builder rectifies defects – whether work still defective
– whether loss of soil under slab constitutes a defect
– where Tribunal determines loss of soil is consequential
loss subject to direction to remedy.
Murphy v Electoral Commissioner [2016] HCA
36
Constitutional law (Cth) – Legislative power –
Franchise – Power of Parliament to regulate exercise of
entitlement to enrol to vote – Provisions of Commonwealth
Electoral Act 1918 (Cth) precluding consideration of claims
for enrolment or transfer of enrolment and amendment of Electoral
Rolls during "suspension period" from 8pm on day of
closing of Electoral Rolls until close of polling for election
– Whether burden on constitutional mandate that Parliament be
"directly chosen by the people" – Whether burden
justified by substantial reason – Relevance of Roach v
Electoral Commissioner (2007) 233 CLR 162; [2007] HCA 43 and
Rowe v Electoral Commissioner (2010) 243 CLR 1; [2010] HCA
46.
The Queen v Baden-Clay [2016] HCA 35: Murder
Appeal
The High Court has handed down its judgment today (31 August 2016)
in the high profile appeal case of The Queen v Baden-Clay
[2016] HCA 35. The Court unanimously allowed the appeal from the
Court of Appeal of the Supreme Court of Queensland by ruling that
the Court of Appeal had erred in concluding that the jury's
verdict of guilty for murder was unreasonable. The High Court ruled
that the hypothesis the Court of Appeal relied on, namely that
there had been a confrontation between the respondent and the
victim prior to the victim's death, was inconsistent with the
evidence in court and
therefore was not available on the evidence (31 August 2016).
NH and Others v DPP [2016] HCA 33: Jurisdiction to look
behind Jury Verdicts
The High Court has today (31 August 2016) decided four appeals from
the Full Court of the Supreme Court of South Australia on jury
procedures in the case of NH and Others v DPP [2016] HCA
33.
Bond
v Chief Executive Department of Environment and Heritage
Protection [2016] QPEC 040
APPLICATION – Administrative Law – decision –
natural justice – procedural fairness – review of
decision to issue an Environmental Protection Order – whether
the Environmental Protection Order was unlawful.
Legislation – Queensland
Subordinate legislation as made
No 157: Supreme Court (Admission Guidelines) Notice 2016 - Supreme Court of Queensland Act 1991 The objective of the Supreme Court (Admission Guidelines) Notice 2016 (the Notice) is to give effect to the guidelines issued by the Chief Justice and repeal the Supreme Court (Admission Guidelines) Notice 2015.
No 159: State Penalties Enforcement Amendment Regulation (No. 4) 2016 - State Penalties Enforcement Act 1999 - The objectives of the regulation are to prescribe new and remove existing, PIN offences.
Bills Updated in the last week
Counter-Terrorism and Other Legislation Amendment Bill
2016
Introduced on 19/04/2016. Stage reached: Passed on 17/08/2016
Assent Date: 29/08/2016 Act No: Act No. 42 of 2016 Commences: Date
of Assent.
Abortion Law Reform (Woman's Right to Choose) Amendment Bill
2016
Introduced on 10/05/2016. Stage reached: Report from Committee on
26/08/2016.
Appropriation (Parliament) Bill 2016
Introduced on 14/06/2016. Stage reached: Passed on 16/08/2016
Assent Date: 29/08/2016. Act No. 40 of 2016. Commences: Date of
Assent.
Appropriation Bill 2016
Introduced on 14/06/2016. Stage reached: Passed on 16/08/2016
Assent Date: 29/08/2016. Act No. 41 of 2016. Commences: Date of
Assent.
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.