In the media
OAIC opens door on privacy principles
The OAIC has announced that the Australian Government
Agencies Privacy Code has been registered on the Codes Register and
will come into force on 1 July 2018. The OAIC said the code
sets out the specific requirements and key practical steps that
Agencies will be expected to take as part of complying with
Australian Privacy Principle 1.2 (APP 1.2) (10 November
2017). See the Australian Government Agencies Privacy
Code
here.
More...
Privatisation fails in public says union
The Community and Public Sector Union
(CPSU) has released the report of the
People's Inquiry into Privatisation which canvassed
CPSU members' experience and opinions on the outsourcing of
Public Service responsibilities and activities. Its conclusion was
that privatisation has broadly failed the Australian community and
made 12 recommendations (10 November 2017). The report Taking
Back Control can be accessed
here.
More...
Accused Yandina bikie brothers not guilty over 2013 pub
meet
Two men charged under Queensland's anti-bikie laws
are cleared of illegally gathering in a public space for having a
drink together at a Sunshine Coast pub in 2013 (10 November 2017).
More...
Farm handgun licence refusals place pressure on
Queensland Police
The head of Queensland's Weapons Licensing branch
says the onus is on farmers to demonstrate a genuine or special
need for a handgun after refusing to renew permits (10 November
2017).
More...
QLS calls on political parties to appoint more
solicitors to judicial roles
Queensland's peak lawyer group has called on the
state's political parties to commit to appointing more
solicitors to judicial roles (09 November 2017).
More...
New building and safety laws are now in effect
Changes to the Queensland Building and Construction
Commission Act 1981 commenced on 1 November 2017. The changes
aim to improve safety and will apply to everyone in the building
product supply chain (08 November 2017).
More...
eSafety office fronts Facebook pilot
The Office of the eSafety Commissioner has joined
Facebook in an international pilot program to prevent intimate
images of people being posted online without their consent (07
November 2017).
More...
More guidance released on the notifiable data breaches
regime
The OAIC has released further draft guidance on the
Notifiable Data Breaches (NDB) regime that comes
into effect in just over three months' time. The NDB scheme,
which commences on 22 February 2018, will require private sector
businesses and government agencies covered by the Australian
Privacy Act 1988 to notify affected individuals as well as the
head of the OAIC, the Australian Information Commissioner, of
'eligible data breaches' (07 November 2017).
More...
Retailers — check out mandatory data breach
reporting obligations and prepare for 2018
Australians increasingly provide personal information to
retailers to purchase products online, or to gain rewards —
almost three quarters of Australians are signed up to a store
loyalty program (06 November 2017).
More...
Parliament prepares for pay payback
The Special Minister of State, Senator Scott Ryan has
issued a statement setting out the rules relating to possible debts
to the Commonwealth owed by Members of Parliament found ineligible
to sit by the High Court of Australia (07 November 2017).
More...
Devout terrorist jailed for plot to attack AFP Sydney
HQ, maximum-security jail
The leader of a terror plot targeting government sites in
NSW, including a Sydney police building, is sentenced to a maximum
jail term of more than 22 years (04 November 2017).
More...
Stop, Search and Seizure Powers, Control Orders and
Preventative Detention Orders
The Law Council provided a
submission, on 3 November 2017, to the Parliamentary Joint
Committee of Intelligence and Security on Intelligence and Security
(PJCIS) on the Independent National Security
Legislation Monitor's (INSLM's) recent
reports on stop, search and seizure powers (03 November 2017).
More...
New leaders announced for key law enforcement
agencies
Michael Phelan APM will be the next Chief Executive
Officer of the Australian Criminal Intelligence Commission
(ACIC) and the Director of the Australian
Institute of Criminology (AIC). Nicole Rose PSM
will be the next CEO of the Australian Transaction Reports and
Analysis Centre (AUSTRAC) (03 November 2017).
More...
No doubt there's corruption at all levels: Former
judges call for federal ICAC
A group of prominent former judges call for the
establishment of a federal anti-corruption agency, saying serious
corruption almost certainly exists in federal politics (02 November
2017).
More...
Referendum rejection profoundly disappointing,
constitutional reform must advance
The Law Council of Australia has expressed profound
disappointment at the Federal Government's decision to reject
the Referendum Council's recommendation for a referendum into
the creation of a representative body to give Aboriginal and Torres
Strait Islander First Nations a Voice to the Australian Parliament
(01 November 2017).
More...
Listing of two terrorist organisations under the
Criminal Code
The Government proscribed Islamic State Khorasan Province
under the Criminal Code, taking the number of listed terrorist
organisations to 25 (02 November 2017).
More...
Community safety requires funding boost to courts and
legal aid
Victoria Legal Aid's 2016–17 annual report has
been tabled in Parliament by Victoria's Attorney-General the
Honourable Martin Pakula MP. Acting Managing Director, Cameron Hume
says government community safety initiatives will be enhanced if
more time and space is provided for courts and legal aid to do
their job properly (01 November 2017).
More...
Tough New Laws to Protect Police and Emergency
Workers
Offenders who use motor vehicles to put police and
emergency services workers at risk of harm will now face up to 20
years behind bars under tough new laws introduced by the Andrews
Labor Government (01 October 2017).
More...
In practice and courts
High Court of Australia
High Court of Australia Bulletin [2017] HCAB 08 (1
November 2017).
More...
ANAO Audit insights: Communicating effectively with
stakeholders
In this edition of audit insights we discuss our external
communication and engagement activities including website email
subscriptions, our draft annual audit work program, contribute to
an audit, our transparency and accountability initiatives, and
social media (25 October 2017).
More...
Law Council Submissions
03 November 2017— Law Council.
More...
DIIS consultation: data on digital future
This paper is the start of the conversation with all
Australians and the Department of Industry, Innovation and Science
(DIIS) are asking for your ideas to help develop
the strategy. Your responses will help the government to identify
the key issues, challenges and opportunities. The paper considers
the broader digital economy, including enabling and supporting the
digital economy (through digital infrastructure, standards and
regulation, and trust, confidence, and security). Consultation
closes on 30 November 2017.
More...
AAT Bulletin
The AAT Bulletin is a weekly publication containing a
list of recent AAT decisions and information relating to appeals
against AAT decisions:
Issue No. 45/2017, 6 November 2017
Issue No. 44/2017, 30 October 2017
OAIC: Notifiable Data Breaches webinar this
November
Attend a webinar hosted by the OAIC on 21 November, which
will focus on the key requirements of the upcoming Notifiable Data
Breaches (NDB) scheme (25 October 2017).
More...
Australian Public Sector Anti-Corruption Conference
(APSACC) 2017
The Office of the Commonwealth Ombudsman is proud to
partner with the Australian Public Sector Anti-Corruption
Conference (APSACC) 2017. The conference will run
from 14–16 November 2017 at The Westin, Sydney.
More...
Queensland
QLS: Court of Appeal two-monthly sitting system
The Court of Appeal has proposed to adopt a system of
two-monthly sittings. Call-overs for the first of these sittings
will be held in November, with the first of the two-monthly
sittings in February and March (08 November 2017).
More...
QLS calls for action in 2017 State Election
Following the announcement of the 2017 Queensland State
Election for Saturday 25 November, Queensland Law Society has
released our
Call to Parties. This document highlights the 10
priority legal and social justice issues for both parties to
consider as matters of priority for Queensland's nearly 13,000
solicitors (30 October 2017).
More...
Sentencing Council: Intermediate sentencing options
under review
The Queensland Sentencing Advisory Council will be
reviewing community based sentencing orders and parole options. The
Terms of Reference have been issued in response to
recommendations in the Queensland Parole
Systi Review Final Report. The Council is due to report
its findings to the Attorney-General on 30 April 2019 (26 October
2017).
More...
Sentencing Council: Sentencing for child homicide
The Council will be reviewing sentencing for child
homicide as outlined in a
Terms of Reference from the Attorney-General and Minister for
Justice Yvette D'Ath. The 12-month review will focus on
sentencing for offences involving the unlawful death of a child.
(26 October 2017). Key dates: until 13 Deciber
2017: More...
CCC: Corrupt conduct in assessing complaints about
parole matters
CCC finds no suspicion of corrupt conduct in assessing a
number of complaints about the decision-making process of the
Parole Board Queensland regarding the parole of Benjamin Oakley and
allegations of political interference (01 Noviber 2017).
More...
QAO: Use of confidentiality provisions in government
contracts
The objective of this audit is to determine the extent
and appropriateness of the use of confidentiality provisions in
Queensland Government contracts. Tabling date is Deciber 2017. More...
OIC Qld: FREE Privacy Impact Assessment training
OIC is offering Privacy Impact Assessment
(PIA) training on Tuesday, 28 Noviber 2017.
More...
OIC Qld: FREE Privacy Complaint Managient training
OIC is offering Privacy Complaint Managient training on
Tuesday 28 Noviber 2017.
More...
Published – articles, papers, reports
Election funding and disclosure in Australian states and
territories: a quick guide
Damon Muller; Parliamentary Research Paper Series
2017 - 18 Noviber 2017
This Quick Guide summarises the often complex funding and
disclosure laws in each Australian state and territory for the
purpose of comparison.
More...
Annual Report 2016-17
OIC Queensland: 8 Noviber 2017
The Queensland Annual Report provides an overview of
performance towards achieving an informed Queensland that values
and respects information rights and responsibilities.
More...
Cases
'MZ' and Department of Communications and the
Arts (Freedom of information) [2017] AICmr
109
Freedom of Information — Whether work involved in
processing the request would substantially and unreasonably divert
the resources of the agency from its other operations — (CTH)
Freedom of Information Act 1982 ss 24, 24AA, 24AB.
'MY' and Australian Building and Construction
Commission (Freedom of information) [2017]
AICmr 108
Freedom of Information — Whether information is
personal information about the applicant — Whether personal
information is incomplete, incorrect, out of date or misleading
— Whether personal information should be amended —
(Cth) Freedom of Information Act 1982 ss 48 and 50.
Pasquale Barbaro and Australian Criminal Intelligence
Commission (Freedom of information) [2017]
AICmr 107
Freedom of Information — Whether reasonable steps
taken to locate documents — (CTH) Freedom of Information
Act 1982 s 24A.
'MX' and Department of Human Services
(Freedom of information) [2017] AICmr 106
Freedom of Information —Whether disclosure of
personal information unreasonable — Whether contrary to the
public interest to release conditionally exipt documents —
(CTH) Freedom of Information Act 1982 ss 11A(5) and
47F.
Ozzimo v Queensland Building and Construction
Commission [2017] QCAT
364
ADMINISTRATIVE LAW – ADMINISTRATIVE TRIBUNALS
– QUEENSLAND CIVIL AND ADMINISTRATIVE TRIBUNAL –
whether desirable to make a stay order in respect of a decision to
cancel a builder's licence.
Nadimi v Queensland Building and Construction
Commission [2017] QCAT
363
ADMINISTRATIVE LAW – ADMINISTRATIVE TRIBUNALS
– QUEENSLAND CIVIL AND ADMINISTRATIVE TRIBUNAL –
whether desirable to make a stay order in respect of a decision to
cancel a builder's licence – where application for
licence contained inaccurate information regarding applicant's
experience – where Victorian licence granted under mutual
recognition provisions cancelled consequent upon cancellation of
the Queensland licence – where applicant did not reside or
carry on business in Queensland.
Legislation
Commonwealth
Acts
Regulatory
Powers (Standardisation Reform) Act No 124 of
2017
08/11/2017 – amends to Privacy Act
1988.
Regulations
High
Court Amendment (Fees) Rules 2017
10/11/2017 - These rules amend Schedule 2 of the High
Court Rules governing the schedule of fees for work done or
services performed.
Charter of the United Nations (Sanctions—Diocratic
People's Republic of Korea) Amendment (2017 Measures No. 2)
Regulations 2017
03/01/2017 - This instrument amends the Charter
of the United Nations (Sanctions - Diocratic People's Republic
of Korea) Regulations 2008 to implient UN Security Council
Resolutions 2371 and 2375.
Queensland
Acts
No 44: Child Protection Reform Amendment Act 2017 – 10 Noviber 2017.
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.