In the media
Why Chief Judge Kidd broadcast the Pell sentence
While handing down the six-year jail sentence for Cardinal
George Pell, Chief Judge Peter Kidd of the County Court of Victoria
explained that the live broadcasting of the sentencing hearing was
done in accordance with “transparent and open justice”
- something the Law Council of Australia has fully supported (15
March 2019). More...
Alleged terrorists should face ‘full force’
of Australian laws, says Law Council
The Law Council of Australia has issued a media release
stating "Australians who have travelled overseas to support
terrorist organisations should be allowed back to Australia to face
the full force of our laws" (15 March 2019). More...
Australia Post rules out video performance
'monitoring' of staff amid union row
Australia Post has categorically ruled out the use of its
extensive CCTV network to monitor the performance of its employees
following a row with the powerful Communications Electrical and
Plumbing Union (CEPU) over how surveillance
systems can be used in the workplace (14 March 2019). More...
Data breach reports soar under new laws
More than 800 data breaches were reported last year
following introduction of the Notifiable Data Breaches scheme.
Australian Information Commissioner Angelene Falk says the
legislation has been a success, but she urges companies to continue
making progress (11 March 2019). More...
In practice and courts
Current Senate Inquiries
National Integrity Commission Bill 2018 [Provisions],
National Integrity (Parliamentary Standards) Bill 2018
[Provisions], and National Integrity Commission Bill 2018 (No.
2)
The Senate has referred both Bills to the Legal and
Constitutional Affairs Legislation Committee for inquiry and report
by 5 April 2019. More...
Resolution of disputes with financial service providers
within the justice system
On 14 February 2019, the Senate referred the resolution of
disputes with financial service providers within the justice system
matter to the Legal and Constitutional Affairs References Committee
for inquiry and report by 8 April 2019. More...
Review of Model Defamation Provisions: Discussion
paper
The purpose of defamation law is to balance protection
from reputational damage with freedom of speech, and the release of
information that's considered public interest. Each state and
territory enacted legislation to implement the provisions to ensure
greater national consistency.
The Review of Model Defamation Provisions Discussion Paper,
available here, includes specific questions about
the Model Defamation Provisions for your consideration; however,
you are invited to comment on any other matters related to the
provisions. Submissions close on 30 April 2019. The Model
Defamation Provisions are available on the Australasian
Parliamentary Counsel's Committee website which can be found here.
Family Law Amendment (Family Violence and
Cross-examination of Parties) Act 2018
Commenced on 11 March 2019.
The amendments protect victims of family violence by banning
personal cross-examination in certain circumstances in family law
proceedings, and requiring instead that cross examination be
conducted by a legal representative. More...
ACMA Scam project underway
An Australian Government project to reduce harmful scam
activity has released its Terms of Reference. A discussion paper
will be released by the ACMA in the coming weeks seeking views from
consumers, industry and government (12 March 2019). More...
AAT: New procedures for small business taxation
applications
There is a new division at the AAT, in operation from 1
March 2019. The Small Business Taxation Division
(SBTD) applicants will have a case manager once
they have applied to the AAT. They will pay a reduced application
fee and, after the hearing process is concluded, decisions will be
finalised within 28 days. See the new practice direction here and guide here for small business taxation
decisions. Find out more about the new SBTD, including how to apply
here.
AAT Bulletins 2019
The AAT Bulletin is a weekly publication containing a list
of recent AAT decisions and information relating to appeals against
AAT decisions
Issue No. 10/2019, 11 March 2019
Issue No. 9/2019, 4 March
2019
Combatting Child Sexual Exploitation Legislation
Amendment Bill 2019
On 14 February 2019, the Senate referred the Sex
Discrimination Amendment (Removing Discrimination Against Students)
Bill 2018 to the Legal and Constitutional Affairs Legislation
Committee for inquiry and report by 22 March 2019. More...
2019 COAT National Conference
The 2019 Council of Australasian Tribunals
(COAT) National Conference will be held 6 –
7 June in Melbourne. More...
Current consultations
Review of the Telecommunication and Other Legislation
Amendment (Assistance and Access) Act 2018, Parliamentary
Joint Committee on Intelligence and Security. This review is in
addition to two separate statutory reviews, amendments to include a
review due to commence by April 2019. More...
Freedom of Speech Legislation Amendment (Censorship)
Bill 2018, Freedom of Speech Legislation Amendment (Insult and
Offend) Bill 2018, Freedom of Speech Legislation Amendment
(Security) Bill 2018
On 3 December 2018, the Senate extended the
committee's reporting date to 8 March 2019. More...
Queensland
Department of Justice Consultation
Review of the Births, Deaths and Marriages
Registration Act 2003 (Qld) – Discussion paper 2. Have
your say on Discussion Paper 2 Registration of life events:
Functions and powers of the Registrar and the use and disclosure of
information. Submissions close 23 April 2019. More...
Corruption in focus: A guide to dealing with corrupt
conduct in the Queensland public sector
Corruption in focus has been updated to reflect some major changes
to the Crime and Corruption Act 2001. Two key amendments
relevant to UPAs are: a new section 40A, which includes an
additional record-keeping requirement (which came into effect on 9
November 2018), and a new definition of corrupt conduct in section
15 (which will come into effect from 1 March 2019). More...
OIC Queensland: Current cases
No corruption or police misconduct in
traffic infringement withdrawal - 1 March 2019.
QAO advice: How to prepare for a performance audit
Are you a public sector entity or local government about
to participate in a performance audit? Read on to understand more
about what a performance audit is and how to prepare for one (01
March 2019). More...
QAO advice: Beware fraudulent emails
Do you have internal controls in place to protect your
entity or council against fraudulent email attempts? (14 March
2019). More...
QLS Practice Note
11 March 2019 - Guidance Statement No.12 – Conflicts
of interest in criminal and Crime and Corruption Commission
proceedings.
Published - articles, papers, reports
Image-based sexual abuse: Victims and perpetrators
Nicola Henry, Asher Flynn, Anastasia Powell; Australian
Institute of Criminology: 07 March 2019
Image-based sexual abuse (IBSA) refers to the
non-consensual creation, distribution or threatened distribution of
nude or sexual images. This research examines the prevalence,
nature and impacts of IBSA victimisation and perpetration in
Australia. More...
The women’s health tech boom: How private is my
period data?
Norman Swan, Ariel Bogle, Olivia Willis; Health Report: 04
March 2019
Mobile and health devices are being used by women to collect
sensitive information. This edition of the Health Report explores
the industry health claims and questions about data security and
privacy. More...
Report on Justice Legislation (Links to Terrorist
Activity) Amendment Bill 2018 (Qld)
Introduced by Legal Affairs and Community Safety
Committee, Report No. 30, March 2019. More...
Chief Justice Kiefel AC, 'Aspects of the
relationship between the law, economic development and social
change and the importance of stability'.
Delivered at 2019 Queensland Bar Association Conference, Brisbane,
on 2 March 2019. More...
Cases
'QA' and Australian
Securities and Investments Commission (Freedom of
information) [2019] AICmr 12
Freedom of Information — Whether documents subject
to legal professional privilege — Freedom of Information
Act 1982 (Cth), s 42.
'PZ' and Australian
Criminal Intelligence Commission (Freedom of
information) [2019] AICmr 11
Freedom of Information — Whether disclosure would
have a substantial adverse effect on the proper and efficient
conduct of the operations of an agency — Whether disclosure
is contrary to the public interest — Whether material in
documents irrelevant to the request — Freedom of
Information Act 1982 (Cth) ss 11A, 22 and 47E(d).
'PY' and Department of
Home Affairs (Freedom of information) [2019]
AICmr 10
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 —
Freedom of Information Act 1982 (Cth), ss 11A(5) and
47E(d).
Reece Walters and Great Barrier
Reef Marine Park Authority (Freedom of
information) [2019] AICmr
9
Freedom of Information — Whether disclosure could
cause damage to the international relations of the Commonwealth
— Whether disclosure would divulge any information or matter
communicated in confidence by a foreign government or an
international organisation to the Commonwealth — Whether
disclosure would have a substantial adverse effect on the proper
and efficient conduct of the operations of an agency —
Whether disclosure of personal information is unreasonable —
Whether contrary to the public interest to release conditionally
exempt documents — Freedom of Information Act 1982 (Cth) ss
11A(5), 33(a)(iii), 33(b), 47E(d), 47F and 55D(1).
'PX' and Australian
Federal Police (Freedom of information)
[2019] AICmr 8
Freedom of Information — Access to edited copy of
document — Whether reasonable steps taken to locate documents
— Whether material in documents irrelevant to the request
— Whether disclosure would or could reasonably be expected to
cause damage to Commonwealth-State relations — Whether
disclosure would have a substantial adverse effect on the conduct
of the operations of an agency — Whether disclosure of
personal information unreasonable — Whether disclosure would
unreasonably affect an organisation in respect of its lawful
business affairs — Whether contrary to the public interest to
release conditionally exempt documents — Freedom of
Information Act 1982 (Cth), ss 11A(5), 22, 24A, 47B, 47E, 47F
and 47G.
Amanda Hay and Australian Bureau
of Statistics (Freedom of information) [2019]
AICmr 7
Freedom of Information — Whether material in
documents irrelevant to the request — Whether documents
contain deliberative matter prepared for a deliberative purpose
— Whether disclosure would have a substantial adverse effect
on the management or assessment of personnel — Whether
disclosure of personal information is unreasonable — Whether
the ABS has discharged its onus — Whether contrary to public
interest to release conditionally exempt documents —
Freedom of Information Act 1982 (Cth) ss 11A(5), 22, 47C,
47E(c), 47F and 55D.
Federal Treasury Enterprise
(FKP) Sojuzplodoimport v Spirits International B.V. (No
6) [2019] FCA 337
PRIVILEGE – application for production of unredacted
documents – whether cross-claimants waived legal professional
privilege over redacted portions of documents produced under
notices to produce – where entire documents would otherwise
attract legal professional privilege.
PRACTICE AND PROCEDURE – application for suppression and
non-publication order – whether order necessary for proper
administration of justice – where order sought over portions
of documents originally redacted on claim of legal professional
privilege – where order originally sought on interim basis.
Federal Court of Australia Act 1976 (Cth) ss 37AE, 37AF,
37AG, 37AI.
Crime and Corruption Commission
v Carless & Anor [2019] QCAT
50
POLICE – INTERNAL ADMINISTRATION – DISCIPLINE
AND DISMISSAL FOR MISCONDUCT – QUEENSLAND – where a
sanction was imposed by an Acting Deputy Commissioner on a police
officer for misconduct – where an application for review of
the sanction was made by the Crime And Corruption Commission
– where an off duty police officer was removed from licensed
premises for harassing patrons, and struggled with security staff
and police – whether the sanction was adequate – where
the approach towards police discipline was discussed.
A v Central Queensland Network
Authorised Mental Health Service and Anor
[2019] QSC 15
ADMINISTRATIVE LAW – JUDICIAL REVIEW –
APPLICATION FOR JUDICIAL REVIEW – where applicant seeks
reasons for decisions relating to his detention under the
Mental Health Act 2016 (Qld) - where applicant seeks an
application for an order to comply under section 38 of the
Judicial Review Act 1991 (Qld) – whether respondents
made relevant decisions - whether decisions are reviewable -
whether decisions were spent for decisions – whether
applicant has been denied natural justice – where
attorney-general’s certificate preventing disclosure was
issued.
Legislation
Commonwealth
Electoral and Referendum Amendment
(Modernisation) Regulations 2019
07/03/2019 - These regulations amend the Electoral and
Referendum Regulation 2016 to remove the voluntary qualification
checklist provisions with respect to the candidate nomination form.
The regulations also correct a number of minor formatting and
footnote errors in the Senate ballot-paper Form E.
Bills
Electoral Legislation Amendment
(Modernisation and Other Measures) Bill
2018
Amends the: Commonwealth Electoral Act 1918 to:
make completion of a qualification checklist compulsory in relation
to candidate nominations; enable candidates to lodge their
nominations and certain other documents electronically; and allow a
senior Australian Electoral Commission staff member rather than a
senior Divisional Returning Officer to be on the Redistribution
Committee for the Australian Capital Territory; and
Commonwealth Electoral Act 1918 and Referendum
(Machinery Provisions) Act 1984 to amend various aspects of
voting and scrutiny processes. Progress Assent Act no: 2 Year: 2019
01 March 2019.
Parliamentary Service Amendment
(Post-election Report) Bill 2018
Amends the Parliamentary Service Act 1999 to
change the deadline for publishing the post-election report of
election commitments, which is prepared and published by the
Parliamentary Budget Office (PBO), from before the
end of 30 days after the end of the caretaker period for a general
election to the later of either 30 days after the end of the
caretaker period for the general election to which the report
relates or 7 days before the first sitting day of either or both
Houses of the Parliament after the general election to which the
report relates.
Progress Assent Act no: 4 Year: 2019 01 March 2019.
Queensland
Bills Updated
Human Rights Bill 2018
Introduced by: Hon Y D'Ath MP on 31/10/2018
Stage reached: Passed on 27/02/2019 Assent Date: 7/03/2019
Act No: 5 of 2019
Commences: by Proclamation
See the Act here Human Rights Act 2019
Subordinate legislation as made – 15 March
2019
No 22 National Redress Scheme for Institutional
Child Sexual Abuse (Commonwealth Powers) 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.