In the media
Telcos warned for failing to protect customers against
identity theft
Telstra, Medion Mobile and Optus have been issued formal
warnings after the ACMA found they failed to adequately verify
people's identities prior to transferring their mobile phone
numbers from other telcos. The ACMA found that in mid-2020, Telstra
breached identity verification rules on at least 52 occasions,
Medion Mobile on 53 occasions, and Optus on one occasion (21 May
2021). More...
Research amplifies 14 years of Queensland sentencing
trends
New research released by the Queensland Sentencing
Advisory Council shows that nearly half of the people sentenced
between 2005 and 2019 were repeat offenders and the length of
imprisonment for adults increased over that time (20 May 2021).
More...
Facebook to help fund ad industry self-regulation
The Australian Association of National Advertisers
(AANA) has welcomed Facebook's decision to
help fund advertising's self-regulation process. Facebook
formally joined the system funding the operating of the advertising
self-regulatory system, a group which includes operations of Ad
Standards. Under the scheme, advertisers supporting the
self-regulatory system voluntarily pay a small level of media spend
collected on their behalf by members of the Media Federation of
Australia (MFA)(20 May 2021). More...
Factsheets address abuse in the workplace
Safe Work Australia and eSafety have produced fact sheets
warning employers and employees of the dangers of online abuse in
the workplace, and outlining measures to prevent it. The fact
sheets define online abuse as "behaviour that uses technology
to threaten, intimidate, bully, harass or humiliate someone"
(20 May 2021). More...
ACSC lifts efforts to protect infrastructure
The Australian Cyber Security Centre
(ACSC) has announced its new Critical
Infrastructure Uplift Program (CI-UP) aimed at raising the security
levels of critical infrastructure organisations. It noted the
Government was assisting in this effort through proposed amendments
to the Security of Critical Infrastructure Act 2018 (20 May 2021).
More...
HRLC: Morrison Government must urgently legislate to
protect whistleblowers and press freedom
The Human Rights Law Centre has welcomed the findings of a
Senate inquiry into press freedom and called on the Morrison
Government to immediately act on recommendations to better protect
whistleblowers and public interest journalism in Australia (20 May
2021). More...
Attorneys seek joint approach to violence laws
Attorney-General, Senator Michaelia Cash said the new
multi-jurisdictional initiative, aimed at ensuring victims and
survivors of sexual violence and coercive control, had similar
protections and legal avenues throughout Australia (20 May 2021).
More...
Lycamobile pays $600,000 penalty for public safety
failures
Lycamobile Pty Ltd (Lycamobile) has paid an infringement
notice of $604,800 after the ACMA found prolonged and
large-scale customer data failures, which could have put people in
danger. ACMA Chair Nerida O'Loughlin said the Integrated Public
Numbers Database (IPND) is used by emergency
services when responding to Triple Zero (000) calls from the public
(19 May 2021). More...
HRLC: Dozens of submissions made public after AGs refuse
to act on raising the age of criminal responsibility
In an unusual move, 48 organisations have publicly
released their submissions to the Council of Attorneys-General
working group on raising the minimum age of criminal responsibility
in Australia from 10 years old (19 May 2021). More...
PJCIS: New intelligence law must spell out conditions
for data-sharing
A report by the parliamentary joint committee on
intelligence and security (PJCIS) has been tabled
recommending changes to a new bill that will create a framework for
the collection and disclosure of intelligence data (via
international production orders) before it is passed by parliament
(17 May 2021). More...
We're not out to get you: Council watchdog
Queensland's councillor conduct watchdog has responded
to concerns that its powers are being weaponised by detractors and
political opponents. Independent Assessor, Kathleen Florian, said
she had been contacted by councillors with concerns the complaints
system could be misused by people seeking to cause them harm or
place them under pressure (17 May 2021). More...
Governments paying too much for infrastructure
Australian governments are paying too much for major
infrastructure contracts because of a lack of competition and undue
haste in pushing projects through, a report says. Transport
projects are very politicised and governments put a lot of emphasis
on getting them started in their term of government so they can
claim it as their own (17 May 2021). More...
Comment invited on Family Law change
The Attorney General's Department is calling for
feedback on a proposed new framework to simplify the property
provisions in the Family Law Act 1975 "he ALRC also
recommended simplifying the list of matters that a court may take
into account" (17 May 2021). More...
COVID-19 pandemic highlights urgent need for Australian
human rights charter
The COVID-19 pandemic has highlighted the need for an
Australian charter of human rights to protect all citizens from the
impact of arbitrary and unfair government decisions, says the
Australian Lawyers Alliance (ALA). (17 May 2021). More...
Ombudsman tells PS how to apologise
The Commonwealth Ombudsman's Office has issued a new
factsheet to education providers on the correct way to deliver an
apology. The Office said giving an effective apology can go a
long way to putting things right, resolving disputes and shows your
organisation is transparent, accountable and treats people with
respect (17 May 2021). More...
DTA offers Agencies latest website tool
The Digital Transformation Agency's
(DTA) gov.au Observatory Team has launched a tool
to help Government Agencies test and implement changes to their
websites. DTA said that as user needs and community expectations
changed, Agencies needed to continually revitalise their digital
services to keep pace (17 May 2021). More...
ACCC saves Art Gallery from tender scam
The Australian Competition and Consumer Commission
(ACCC) has instituted civil proceedings in the
Federal Court over an alleged attempted cartel for a National
Gallery of Australia (NGA) tender (17 May 2021).
More...
Telcos dial TIO for trouble
A systemic investigation by the Telecommunications
Industry Ombudsman's (TIO) has found poor
sales practices, hidden costs and unclear information led
consumers to sign up for telco products or services they didn't
understand or need (17 May 2021). More...
Call on Government to implement PJCIS
recommendations
Implementing the 24 recommendations of the Parliamentary
Joint Committee on Intelligence and Security
(PJCIS) advisory report on the Telecommunications
Legislation Amendment (International Production Orders) Bill 2020
(IPO Bill), would be appropriate according to the
Law Council of Australia (14 May 2021). More...
GPS devices to tackle juvenile crime
Courts will be able to order that certain hardcore youth
offenders are to be fitted with GPS devices as a condition of bail
from 17 May 2021. Police Minister Mark Ryan said government's
suite of strong new Youth Justice reforms are specifically designed
to target hardcore recidivist offenders (14 May 2021). More...
Funding boost welcome for legal services supporting
women and those experiencing mental health issues
The Law Council of Australia is pleased that the
Australian Government has announced additional funding for
Australia's legal assistance sector, with a focus on improving
access to justice for women and those experiencing mental health
issues. Key funding measures in the 2021-22 Budget will provide a
range of further legal assistance resourcing under the National
Legal Assistance Partnership (13 May 2021). More...
Significant funding for Federal Courts applauded
"The increase in funding to the federal courts in the
2021-2022 Federal Budget is welcome by the Law Council of
Australia. The government has announced that it will provide $123.8
million over four years to support the reform of the family law
system and improve access and safety for children and families (12
May 2021). More...
The Courts to receive $100 million in Government funding
announced in the 2021-22 Budget
The Family Court of Australia (FCoA) and
Federal Circuit Court of Australia (FCC) welcome
significant funding announced last night as part of the 2021-22
Budget, together with other recent funding, which allows for the
appointment of 2 additional FCoA judges, and 8 additional FCC
judges. It also provides for important judicial support and reform
measures (12 May 2021). More...
CCC report following investigation into QPS recruitment
strategies tabled in State Parliament
The CCC tabled a report in State Parliament following its
investigation into historical recruitment strategies of the
Queensland Police Service aimed at addressing the comparatively low
numbers of females within the Service (12 May 2021). More...
OAIC welcomes additional funding for data protection and
FOI
The OAIC welcomes additional funding for privacy and
access to information functions announced in the 2021-22 Federal
Budget (12 May 2021). More...
Enhanced legal and workplace services to support
Australians
The Morrison Government is boosting investment in
important legal and workplace services, keeping Australian families
safe and supporting businesses as part of our plan to secure
Australia's recovery. Funding announced in the 2021-22 Budget
will boost family law services, and provide more legal and social
support for people experiencing domestic and family violence (11
May 2021). More...
CCC calls for public servants to participate in
integrity survey
On Wednesday 5 May 2021, the Crime and Corruption
Commission (CCC) began rolling out an
'Integrity Survey' across public service departments to
better understand the perceptions of corruption risks, attitudes
towards reporting corruption, and integrity (10 May 2021). More...
In practice and courts
Attorney General Appointments - 13 May 2021
Reappointment of Commonwealth Director of Public
Prosecutions
The reappointment of Ms Sarah McNaughton SC as Commonwealth
Director of Public Prosecutions for a period of two years.
Appointment to the Family Court of
Australia
Judge Terrence McGuire has been appointed as a judge of the Family
Court of Australia.
Reappointments to the Administrative Appeals
Tribunal
Thirteen reappointments to the Administrative Appeals Tribunal.
Appointments to the Federal Circuit Court of
Australia
Ms Sandra Taglieri SC and Mr Marcus Turnbull SC have been appointed
as judges of the Federal Circuit Court of Australia (FCC).
Commonwealth Parliamentary Review now open for
submissions and interviews: Sex Discrimination
20 May, 2021 - The AHRC will commence inviting
contributions for its Independent Review into Commonwealth Parliamentary
Workplaces, accepting written contributions from groups covered
by the Review's
Terms of Reference. The Review aim is to ensure all
Commonwealth Parliamentary workplaces are safe and respectful and
that our national Parliament reflects best practice in the
prevention and handling of bullying, sexual harassment and sexual
assault. Make a written submission here. The Department said it would receive
submissions on its Consultation Paper until 9 July. The
Department's 17-page Consultation Paper, including information
on how to have a say, can be accessed here.
Safe Work Australia: Online abuse in the workplace - new
fact sheets
Date 18 May 2021 - New fact sheets providing practical
steps to support persons conducting a business or undertaking
(PCBUs) (such as employers) and workers to prevent online abuse in
the workplace have been developed by Safe Work Australia and
eSafety. View the Online abuse fact sheet - Information for
employers and Online abuse fact sheet - Information for
workers. More...
Attorney general consultations
National Register of Enduring Powers of Attorney
Closing date 30 June 2021
Attorneys-General from each Australian jurisdiction have agreed to
consult on possible arrangements for a National Register of
Enduring Powers of Attorney. We have prepared a consultation paper
to seek your views here.
Law Council of Australia Submissions
19 May 2021- Law Council
Changes to enforcement powers in the Electronic
Conveyancing National Law
10 May 2021- Law Council
ParentsNext: Examination of Social Security
(Parenting payment participation requirements - class of persons)
instrument 2021
10 May 2021- Law Council
Establishment of an Accreditation Scheme for
Children's Contact Services
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. 10/2021, 17 May 2021. More...
AHRC: Independent Review into Commonwealth Parliamentary
workplaces
The Commission will not be investigating nor making
findings about individual allegations of bullying, sexual
harassment or sexual assault as part of the Review. The
Commission will report on its findings and recommendations in a
report to be tabled in Parliament in November 2021. The Terms of
Reference outline the scope of the Review in more detail here.
OAIC Consultations
National Health (Privacy) Rules 2018 review
The closing date for submissions is 4 June 2021. More...
Consultation on Data-Matching Program Guidelines
In May 2021, a public consultation process on the Data-Matching Program (Assistance and Tax)
Guidelines 1994 (the Guidelines) to ensure they are fit
for purpose. The current Guidelines sunset on 1 October 2021. The
closing date for comments closed on 19 May 2021. More...
OAIC: Our FOI disclosure log
The information described in our disclosure log has been
released by the OAIC under the Freedom of Information Act 1982 (FOI
Act): Updated 13 May 2021. More...
ALRC Judicial Impartiality Consultation Paper 2021
The Inquiry would look at judges in the High Court,
Federal Court, Family Court and Federal Circuit Court. Submissions
are open until 30 June. The ALRC was expected to deliver is report
to the Attorney-General by 30 September. The Paper can be
accessed here.
Regulator Performance guide for
consultation
The guide will empower regulators to demonstrate and
report on best practice performance that is in line with the
Government's expectations and supports investment and growth.
Submissions open until 21 May 2021. More...
ANAO Consultations
Due to table: May 2021 Open for contribution Administration of the National Bushfire Recovery
Agency The objective of this audit is to assess the
effectiveness of the National Bushfire Recovery Agency and its
administration of the National Bushfire Recovery Fund. Due to
table: May, 2021 Open for contribution - Australian National University's Governance
and Control Frameworks - The objective of this audit is to
examine the effectiveness of the Australian National
University's governance and control frameworks.
Finance and Public Administration Legislation
Committee
Operation and management of the Department of
Parliamentary Services
On 11 May 2021, the reporting date was extended to 30 June
2021.
Legal and Constitutional Affairs Legislation
Committee
Judges' Pensions Amendment (Pension Not Payable
for Misconduct) Bill 2020
On 18 March 2021, the Senate granted an extension of time for
reporting until 20 May 2021.
New - Family Law Amendment (Federal Family Violence Orders) Bill 2021 [Provisions]
Queensland
Queensland Court Appointments - May 2021
Appointment of Supreme Court Justice
Freeburn
Queensland Government - Attorney-General and Minister for Justice
Shannon Fentiman announced the appointment of the newest Justice to
the Queensland Supreme Court Trial Division, Paul Freeburn QC.
Queensland's Public Trustee
appointed
Queensland Government - Acting Public Trustee, Samay Zhouand, has
been appointed to the role of Queensland's Public Trustee for a
period of three years.
Amendments to the Youth Justice Regulation 2016 - Youth
Justice (Monitoring Device Conditions) Amendment Regulation
2021
Amendments have been made to the Youth Justice
Regulation 2016 to prescribe the areas in which
electronic monitoring provisions will apply. These changes have
come into effect on 17 May 2021.
The amended regulation is available here, with information on the changes outlined
on the Department's website.
Land Court launches Procedural Assistance Service
The Land Court has launched a dedicated Procedural Assistance Service website to
assist self-represented litigants in the court (12 May 2021).
More...
Queensland Intermediary Scheme webpages
The Queensland Intermediary Scheme webpages are now live
on the Queensland Courts website. Intermediaries are speech pathologists,
psychologists, occupational therapists, or social workers who are
assigned to facilitate communication between witnesses and police
and witnesses and courts (12 May 2021).
Commission into Institutional Responses to Child Sexual
Abuse
The scheme aims to overcome communication barriers and
create a more accessible justice system by providing intermediaries
to assist witnesses with communication needs to give their best
evidence. The scheme will commence in Brisbane and Cairns in July
2021 and will operate as a two-year pilot program (12 May 2021).
OIC Qld: Follow-up audit report - Bundaberg Regional
Council
On 11 May 2021, the Chair of the Legal Affairs and Safety
parliamentary committee tabled our follow-up report of Bundaberg
Regional Council's compliance with the Right to Information Act
2009 (Qld) and the Information Privacy Act 2009 (Qld). More...
Queensland Courts
28 April 2021: Supreme Court news - Updated Practice
Note SC CL 2 - Criminal Proceedings
The Chief Justice has reissued Practice Note SC CL 2
- Criminal Proceedings. The revised Practice Note commences
operation 1 May 2021. It was last reissued on 21 September 2020.
Increasing the timeframe in which to serve documents; clarifying
that the prosecution must include a statement where post-offence
conduct is relied upon; and updating the types of matters that may
be brought before the Court. More...
30 April 2021: Supreme Court news - Practice Note SC CCA
1 - Court of Criminal Appeal - General
The Chief Justice has issued Practice Note SC CCA 1 -
Court of Criminal Appeal - General.
The Practice Note commences operation on 01 May 2021. More...
Queensland Law Reform Commission Consultation Paper -
a legal framework for voluntary assisted dying
Tabled in Parliament on 18 May 2021. As previewed in the
Commission's Review Update issued on 10 May 2021, the
Commission's Report No 79 (and draft Voluntary Assisted Dying
Bill 2021 - as Appendix F to the Report) and Report Summary have
been tabled in the Parliament. Report 79: - Full Report and Report Summary.
Department of the Premier and Cabinet Consultation
Annual report 2019-20 feedback survey
By taking a minute to complete this survey, you will help
us improve our annual reports so readers can use them more
effectively. Open until 30 June 2021. More...
Published - articles, papers, reports
Advisory Report on the Telecommunications Legislation
Amendment (International Production Orders) Bill 2020
Parliamentary Joint Committee on Intelligence and
Security: May 2021
Among the committee's key recommendations are the creation of a
list of conditions to apply to any international agreement that
Australia enters into to share intelligence data with overseas
powers. View the A report by the parliamentary joint committee on
intelligence and security (PJCIS)
Defence's Implementation of Cultural Reform
ANAO Auditor-General Report No.?38 of 2020-21): 20 May
2021
The objective of the audit was to assess the effectiveness to date
of the Department of Defence's implementation of its Pathway to
Change - Evolving Defence Culture 2017-2022 cultural reform
strategy. More...
The factsheet - How to deliver an effective
apology
Ombudsman: May 2021
The Ombudsman's Office advised entities to avoid apologies that
were inaccurate; misguided; generalised; avoidant; conditional; or
partial. More...
Helping telco consumers sign up to the right phone and
internet products
TIO Systemic investigation report: May 2021
In each of the five investigations explored in the Report, the
telcos improved their selling practices, which included updating
advertising and increasing training for sales staff. The findings
of this investigation show consumers do not always understand what
they are buying and this leads to problems. The Ombudsman provided
five tips for phone and internet consumers The Ombudsman's
Report can be accessed here.
PGPA Newsletter 68
Published Date 13 May 2021
Feedback request: New beta site structure.gov.au; RMG Refresh
- Executive Remuneration Reporting (RMGs 138 and 139); PGPA Rule
Amendments; Comcover Education. More...
It's time for the government to walk the talk on
media freedom in Australia
Johan Lidberg, Associate Professor, School of Media,
Monash University: The Conversation. When the Australian Federal
Police (AFP) raided journalists and media
organisations two years ago, it showed the balance between national
security and journalism is severely out of whack in Australia. To
address this, a Senate inquiry into press freedom was launched. Its
report, released this week, made 17 recommendations - many of which
go much further than previous inquiries into media freedom (21 May
2021). More...
The Justice reform initiative
Nicholas Cowdery AO QC FAAL; Bar News Autumn 2021.
More...
Assessing credibility in the virtual court room
Daniel Tynan; Bar News Autumn 2021
This growing body of research shows that while most people think
they are good at detecting deceit they are not. It also raises a
question about how well we perform the task of determining whether
someone is lying in a profession that assumes that seeing and
hearing a witness in person is crucial to fair judicial decision
making. More...
Baseline report: The sentencing of people in
Queensland
Queensland Sentencing Advisory Council: 20 May 2021.
Brings together 14 years of data, framing a solid picture of the
people and offences sentenced across the state, as well as the
penalties imposed by the courts. The Baseline report
shows that within the 14-year period, the rate of offending was
highest in remote areas and lowest in major cities. More...
Investigation Arista: A report concerning the
investigation into the Queensland Police Service's 50/50 gender
equity recruitment strategy
CCC Investigation report: 12 May 2021
This report details how what started as a nobly intended strategy
was poorly communicated. More...
Cases
Australian Competition and Consumer
Commission v Campbell (No 3) [2021] FCA
528
CONSUMER LAW - application for remedies under the Australian
Consumer Law (Schedule 2 to the Competition and Consumer Act 2010
(Cth)) - consideration of the relevant principles to the
assessment of pecuniary penalties, non-party consumer redress
orders, declaratory and injunctive relief.
STATUTORY INTERPRETATION - proper construction of s 227 of the
Australian Consumer Law - meaning and effect of the requirement to
give preference to making an order for compensation - whether
orders proposed by the applicant satisfy that requirement.
Angel Flight Australia v Civil Aviation
Safety Authority [2021] FCA
469
STATUTORY INTERPRETATION - Civil Aviation Safety Authority made
instrument designated as CASA 09/19 - Civil Aviation (Community
Service Flights - Conditions on Flight Crew Licences) Instrument
2019 - applicant seeks orders quashing the instrument and other
declaratory relief - whether the instrument is ultra vires in that
it fell beyond power conferred by regulation 11.068 of the Civil
Aviation Safety Regulations 1998 (Cth) - whether the "class of
authorisation" specified in the instrument is not a
"class of civil aviation authorisation" specified by the
Civil Aviation Safety Regulations 1998 (Cth) - whether the
instrument was not authorised by regulation 11.068 of the Civil
Aviation Safety Regulations 1998 (Cth) - whether the instrument is
expressed to apply in relation to a type of aviation operation
("community service flights") and not a class of persons
- whether the instrument is properly a "legislative
instrument".
ADMINISTRATIVE LAW - unreasonableness and reasonable
proportionality - whether the instrument is unreasonable or not
reasonably proportionate - whether the Civil Aviation Safety
Authority's assessment of risks was not justified on any
reasonable ground - whether that assessment was irrational -
whether the conditions imposed by the instrument had an
insufficient connection to the power conferred by regulation 11.068
of the Civil Aviation Safety Regulations 1998 (Cth).
Held: relevant instrument not ultra vires or unreasonable
Beijing Jishi Venture Capital Fund
(Limited Partnership) v Liu [2021] FCA
477
ARBITRATION - international arbitration - application for summary
judgment under s 31A of the Federal Court of Australia Act 1976
(Cth) in respect of an application for enforcement of a foreign
arbitral award under s 8(3) of the International Arbitration Act
1974 (Cth) - where second respondent contends that she did not
receive proper notice of the arbitration or appointment of
arbitrators - where second respondent contends that the arbitral
award involved a breach of natural justice - application for
summary judgment against second respondent refused but granted
against other respondents - application to enforce award refused
against second respondent but granted against other
respondents.
Shell Energy Holdings Australia
Limited v Commissioner of
Taxation [2021] FCA
496
TAXATION - appeal against objection decision of Commissioner of
Taxation - where applicant party to joint venture agreements in
relation to natural gas project - where participants in project
held statutory titles which conferred authority to
explore for petroleum - where applicant increased its proportional
interest in each of statutory titles through purchase
of additional proportional interest pursuant to Asset Exchange
Agreement.
CONSTITUTIONAL LAW - whether rights and title vested in each State
by Coastal Waters (State Title) Act 1980 (Cth) prohibit exploration
or exploitation of natural resources - consideration of breadth of
authority to explore conferred by statutory titles -
consideration of extent of activities requiring permission from the
Commonwealth or relevant State.
Isberg v Moreton Bay Regional
Council [2021] QCAT
168
ADMINISTRATIVE LAW - ADMINISTRATIVE TRIBUNALS - QUEENSLAND CIVIL
AND ADMINISTRATIVE TRIBUNAL - where incident involving a dog bite
in a public carpark - where the incident was recorded by camera
footage - where injuries sustained by the victim - where the
Council declared the dog a dangerous dog - where the dog owner
applied for review - whether the attack was a serious attack -
whether the dog should be declared a dangerous dog Animal
Management (Cats and Dogs) Act 2008 Qld s 59, s 89, s 94;
Queensland Civil and Administrative Tribunal Act 2009 Qld s 19, s
20, s 23
Fernwood Womens Health Clubs
(Australia) Pty Ltd [2021] QCAT
164
HUMAN RIGHTS - DISCRIMINATION - LEGISLATION - GENERALLY -where
discrimination on the basis of sex in the opening, promotion and
operation of health clubs run exclusively by and for women -
whether exemption from pre-work, work area, in the provision of
goods and services and advertising should be granted
Anti-Discrimination Act 1991 Qld s7, s14, s15, s46, s113, s127,
s174A
Human Rights Act 2019 Qld s8, s13, s15, s58
LKB Group Pty Ltd v Niclin
Constructions Pty Ltd & Ors [2021]
QSC 93
ADMINISTRATIVE LAW - JUDICIAL REVIEW - GROUNDS OF REVIEW -
JURISDICTIONAL MATTERS - where the applicant as principal and the
first respondent as contractor entered into a contract for
construction work - where the amended adjudicated amount included
amounts for variations which had been claimed, approved and paid by
the principal and were not included in the payment claim - where
the amended adjudicated amount included an amount for a variation
which the adjudicator in his reasons indicated would be deleted -
where the amended adjudicated amount included an amount for
"repayment of liquidated damages wrongly set off against [the
contractor]" - whether there was a contractual basis for the
inclusion of an amount for repayment of liquidated damages in the
amended adjudicated amount - whether the amended adjudicator's
decision is affected by jurisdictional error - whether the amended
adjudicated amount should be declared invalid and reduced to that
extent
ADMINISTRATIVE LAW - JUDICIAL REVIEW - REVIEWABLE DECISIONS AND
CONDUCT - REVIEW OF PARTICULAR DECISIONS - where the third
respondent decided that the whole amount of the adjudicator's
fees and expenses of $86,605.75 was to be paid by the principal -
where the third respondent's reasons for that decision included
that the principal had caused significant increases in the time
required to process the adjudication application and the cost of
the decision - whether the contractor should be ordered to pay 50
per cent of the adjudicator's fees and expenses if the amended
adjudicator's decision is found to be affected by
jurisdictional error
Building Industry Fairness (Security of Payment) Act 2017 Qld s 68,
s 69, s 70, s 71, s 73, s 75, s 76, s 79, s 82, s 88, s 89, s 96, s
101
Legislation
Commonwealth
Biosecurity Amendment (No Crime to Return
Home) Bill 2021
13/05/2021 - The Bill amends the Biosecurity Act 2015 to prohibit
the Minister for Health from determining requirements under section
477, or giving directions under section 478 of the Act, during a
human biosecurity emergency that prevent Australians from returning
to Australia. A failure to comply with such a direction can also
result in a fine or imprisonment for up to five years under section
479.
Mutual Recognition Amendment Bill
2021
HR 12/05/2021 Message from Senate reported
To introduce a uniform scheme of automatic mutual recognition
(AMR) by enabling an individual who is registered
for an occupation in their home state to carry on those activities
in other states and territories; enable a state minister to exempt
a registration in their state from being subject to AMR for a
renewable period of up to five years because of a significant risk
to consumer protection, the environment, animal welfare or the
health or safety of workers or the public; and enable a state
minister to exempt a registration in their state for a temporary
period.
Regulations
Inspector-General of the Australian Defence
Force Amendment Regulations 2021
18/05/2021 - This instrument amends the Inspector-General of the
Australian Defence Force Regulation 2016 to expressly allow the
Inspector-General of the Australian Defence Force to disclose
information relating to the conduct of an inquiry (including the
report about an inquiry) to law enforcement agencies and other
agencies such as regulatory bodies and State and Territory courts
including coroners' offices.
Marriage (Celebrant Fees) Determination
2021
14 /05/20211 -This determination sets out the fees to be charged
for applicants to be registered as a marriage celebrant and for
exemptions from relevant requirements and repeals the Marriage
(Celebrant Fees) Determination 2014.
Fair Work and Other Legislation Amendment
Regulations 2021
14/05/2021 - This instrument amends the Fair Work Regulations 2009
and the Federal Court and Federal Circuit Court Regulation 2012 and
specifies the ways in which the Casual Employment Information
Statement may be delivered to employees and a manner in which
applicants may indicate that they want the small claims dispute
resolution process to apply to a casual conversion dispute, and
sets the applicable filing fee in the Federal Circuit Court of
Australia for such disputes.
Marriage (Celebrant Registration Charge)
Determination 2021
14/05/2021 - This determination sets the amount of the annual
celebrant registration charge payable by Commonwealth-registered
marriage celebrants at $170 from 1 July 2021 and repeals the
Marriage (Celebrant Registration Charge) Determination 2020.
Queensland
Subordinate legislation as made - 14 May 2021
No 40 Proclamation-Criminal Code (Child Sexual Offences
Reform) and Other Legislation Amendment Act 2020 (commencing
remaining provisions)
The date of 5 July 2021 is fixed for the commencement of the
provisions of the Act that are not in force.
No 41 Evidence (Intermediaries) Amendment Regulation
2021
This regulation commences on 5 July 2021. The purpose of the
Amendment Regulation 2021 is to prescribe, commencing on 5 July
2021, Brisbane and Cairns as places for the operation of the
Queensland Intermediary Scheme pilot. The aim of the pilot is to
assist prosecution witnesses with communication needs to give their
best evidence in child sexual offence prosecutions.
No 43 Youth Justice (Monitoring Device Conditions)
Amendment Regulation 2021
This regulation commences on 17 May 2021. The evidence in relation
to the use of electronic monitoring technology for children on bail
is inconclusive, so the policy objective of s 52AA of the Youth
Justice Act 1992, recently inserted by the Youth Justice and Other
Legislation Amendment Act 2021, is to facilitate a 12-month trial
of the technology. The section is 'sunsetted' two years
after it commences.
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.