In the media
Privacy concerns cast shadow over vaccination
passports
The lack of a clear blueprint for vaccination
'passports' that addresses public concerns around safety
and security risks is undermining the implementation of vaccine
mandates, warns the Australia Institute's Centre for
Responsible Technology (10 September 2021).
More...
Appointment of additional judges associated with small
increases in NSW District Court finalisations
A new BOSCAR study has found that the appointment of seven
new District Court judges significantly increased court
finalisations but only in some locations (09 October 2021).
More...
New laws set to tackle religious discrimination
The NSW Government will introduce a bill in Parliament to
amend the Anti-Discrimination Act 1977 (NSW), adding religion to
existing protected grounds of disability, sex, race, age, marital
or domestic status, homosexuality, transgender status and
carer's responsibilities. These reforms will see NSW join other
states and territories in making religious discrimination unlawful
(07 September 2021).
More...
In practice and courts
APS pay rates in line for a change
The Australian Public Service Commission has issued a
Circular setting out changes to APS pay rates to apply between 1
September this year and 31 August 2022. The full Circular 2021/04
can be accessed on the APSC website
here.
Select Committee on Foreign Interference through Social
Media
Select Committee on Foreign Interference through Social
Media to inquire into and report on the risk posed to
Australia's democracy by foreign interference through social
media. The committee is to present its final report on or before
the second sitting day of May 2022 The closing date for submissions
is 31 October 2021. More...
Queensland
Public Consultation: QLS Professional Standards
(Limitation of Liability) Scheme 2022-2027
The Society has applied to the Professional Standards
Council of Queensland for approval of a new Professional Standards
Scheme to commence on 1 July 2022 and as part of the process of
that approval the Scheme is now out for Public Consultation.
More...
Court appointments - 03 September 2021
Two Queen's Counsel with more than 50 years' combined legal
experience are set to join the Bench of Queensland's Supreme
Court. More...
Amended PD 4 of 2020 - Case Flow Management - Civil
Jurisdiction
The Chief Justice of the Supreme Court of Queensland
released an amended
Practice Direction 4 of 2020, Case flow
management – civil jurisdiction. The practice direction
repeals and replaces Practice Direction 4 of 2002 and Practice
Direction 17 of 2012. Note: There was a further update to this PD
on 8 September 2021.
QCAT updates minor civil dispute forms
QCAT has updated a number of its minor civil dispute forms
with the aim of making them easier to understand and complete. The
updated forms are designed to be built into a new civil case
management system being developed by the Department of Justice and
Attorney-General that will allow electronic case filing across QCAT
and Magistrates Courts (03 September 2021).
More...
OIC Qld decisions
03 September 2021 -
Q53 and Queensland Building and Construction Commission [2021]
QICmr 45 (2 September 2021)
ADMINISTRATIVE LAW - RIGHT TO INFORMATION -REFUSAL OF ACCESS -
CONTRARY TO THE PUBLICINTEREST - personal information of other
individuals -safeguarding personal information and the right to
privacy of other individuals - whether disclosure would, on
balance, be contrary to the public interest - whether access may be
refused under section 67(1) of the Information Privacy Act2009
(Qld) and section 47(3)(b) of the Right to Information Act 2009
(Qld).
Cases
XV' and Services Australia (Freedom of information)
[2021] AICmr 43
Freedom of Information — whether reasonable
steps taken to find documents — (CTH) Freedom of Information
Act 1982 s 24A.
'XM' and Australian Financial Security Authority (No 2)
(Freedom of information) [2021] AICmr 41
Freedom of Information — whether reasonable steps
taken to find documents — (CTH) Freedom of Information Act
1982 s 24A
Fairfax Media Publications Pty Ltd v Voller; Nationwide
News Pty Limited v Voller; Australian News Channel Pty Ltd v
Voller [2021] HCA
27
Appeal dismissed with costs.
Defamation – Publication – where appellants were media
companies – where each appellant created, operated and
maintained public Facebook page – where each appellant
created posts on Facebook page hyperlinking to news stories
referring to respondent – where third-party Facebook users
left "comments" on appellants' posts – where
comments alleged to be defamatory of respondent – whether
appellants "publishers" of comments – whether
intention to communicate defamatory matter necessary for appellants
to be publishers.
Athavle v State of New South Wales
[2021] FCA 1075
HUMAN RIGHTS – freedom of religion – COVID-19
pandemic – applicants sought urgent interlocutory injunction
restraining enforcement of NSW and Victorian public health orders
(the impugned instruments) to allow observance of Jewish religious
holidays – whether serious question to be tried –
whether balance of convenience favoured injunction – where
orders sought could have dire consequences for public health and
third parties –undertaking as to damages inadequate –
interlocutory application dismissed
HIGH COURT AND FEDERAL COURT – interpretation of Constitution
– accrued jurisdiction – whether applicants'
Federal claims merely colourable – borderline case –
whether Federal claim is bona fide – merely because Federal
claim is untenable does not deprive Court of jurisdiction –
federal jurisdiction enlivened
STATUTORY INTERPRETATION – whether "principle of
legality" applies to read down impugned instruments –
whether public health orders unreasonable or disproportionate
– common law right to freedom of religion – where
purpose of impugned instruments to restrict rights and freedoms to
protect public health – where impugned instruments involve
complex policy choices – where relief sought invites Court to
rewrite impugned instruments – separation of powers between
executive and judiciary – no constructional choice available
– no serious question to be tried and balance of convenience
does not favour applicants
CONSTITUTIONAL LAW – whether impugned instruments
constitutionally invalid – whether implied Constitutional
right to religious freedom restricting State legislative power
– implied right to religious freedom would be contrary to
express terms of s 116 of the Constitution – Preamble to
Constitution does not support implication – no serious
question to be tried and balance of convenience does not favour
applicants
BDR21 v Australian Broadcasting Corporation
[2021] FCA 960
PRACTICE AND PROCEDURE – application pursuant to rr
16.21 and 26.01 of the Federal Court Rules 2011 (Cth) and s 31A(2)
of the Federal Court of Australia Act 1976 (Cth) to strike out
and/or give summary judgment in relation to parts of amended
statement of claim – whether reasonable cause of action
disclosed – whether any reasonable prospect of success
– where applicant alleges reprisal action pursuant to s 13 of
the Public Interest Disclosures Act 2013 (Cth) (PID
Act) – whether allegations in document subject to
parliamentary privilege can be relied upon as disclosable conduct
for purposes of whistleblower protections in the PID Act –
whether unlawful to adduce evidence of material facts of alleged
public interest disclosures by reason of s 16(3) of the
Parliamentary Privileges Act 1987 (Cth) – whether document
prepared for purposes of or incidental to the transacting of the
business of a parliamentary committee – whether material
facts require evidence, questions or submissions concerning
proceedings in Parliament – whether Parliament intended s 24
of the PID Act to abrogate or modify parliamentary privilege
– application granted
Carne
v Crime and Corruption Commission [2021] QSC
228
CONSTITUTIONAL LAW - THE NON-JUDICIAL ORGANS OF GOVERNMENT
- THE LEGISLATURE - GENERAL MATTERS - PRIVILEGES - PRIVILEGE OF
PARLIAMENTARY DEBATES AND PROCEEDINGS - where the Crime and
Corruption Commission undertook an investigation into the applicant
- where a report was produced - where the report was presented to
the Parliamentary Crime and Corruption Commission - where the
Parliamentary Crime and Corruption Commission is a committee of the
Legislative Assembly of Queensland - where the applicant challenged
aspects of the report - whether the preparation of the report was
part of the proceedings of the Legislative Assembly of Queensland -
whether parliamentary privilege and immunity attached to the
preparation of the report - whether the applicant seeks to question
or impeach the proceedings
STATUTES - ACTS OF PARLIAMENT - INTERPRETATION - where the Crime
and Corruption Commission prepared a report purportedly under s 64
and s 69 of the Crime and Corruption Act 2001 - where the report
was delivered to the Parliamentary Crime and Corruption Commission
- where the Parliamentary Crime and Corruption Commission is a
committee of the Legislative Assembly of Queensland - where the
applicant argued that parliamentary privilege did not attach to the
report unless it was a "report" for the purposes of s 64
and s 69 of the Crime and Corruption Act 2001 - whether on a proper
construction of the Crime and Corruption Act 2001 the report was a
"report" - where a provision of the Crime and Corruption
Act 2001 bestowed parliamentary privilege on a report in certain
circumstances - whether that section impliedly restricted privilege
which may otherwise arise
Allwood
v Sundin, Chung, Greaves & Anor [2021]
QCA 196
ADMINISTRATIVE LAW – JUDICIAL REVIEW –
PROCEDURE AND EVIDENCE – EXTENSION OF TIME – where,
from 2008 until 21 July 2014, the appellant suffered a work related
psychiatric/psychological injury (the first
injury) and later, from 22 July 2014 until January 2015,
suffered a work related aggravation of a pre-existing
psychiatric/psychological injury (the second
injury) – where the Medical Assessment Tribunal -
Psychiatric assessed the appellant's degree of permanent
impairment from the first injury at four per cent, which meant that
he was ineligible to seek common law damages in relation to that
injury – where the appellant was out of time to bring an
application for judicial review – where the appellant's
explanation for the delay is that he was not initially
"aggrieved" by the decision, but became aggrieved upon
receipt of a psychiatrist's report which made it clear that his
claim for damages as a result of the second injury could not be
such that would compensate him for the psychiatric injury that he
suffered during his employment – where the primary judge
found that was not a satisfactory explanation for the
appellant's delay – where the primary judge found that
some of the appellant's grounds of review were arguable –
where the primary judge found in the absence of a satisfactory
explanation for delay it would not be in the public interest to
grant the extension of time – where the primary judge found a
grant of an extension would not be fair and equitable in the
circumstances – whether the primary judge erred in exercising
her discretion to extend the time. Judicial Review Act 1991 Qld s
7, s 20, s 26; Workers' Compensation and Rehabilitation Act
2003 Qld s 237, s 505
Freeman
v Montgomery [2021] QDC
210
PROCEDURE – POWER OF COURT TO PUNISH FOR CONTEMPT
– PENALTY – where an order was made, by consent, which
required the plaintiff to deliver up vacant possession of property
by a specified date, not to do anything which would impede the sale
of the property and to withdraw a caveat he had lodged over the
property – where defendant alleged contempt against plaintiff
respondent in failing to comply with each order – whether the
plaintiff respondent knowingly and without lawful excuse failed to
comply with the orders – whether distinct acts in breach of
the order to give possession were one contempt or several contempts
– whether the plaintiff knowingly and without lawful excuse
failed to comply with the orders – where acts were
contumacious, persistent and deliberate – whether rules of
evidence apply to sentencing proceedings for civil contempt
–where plaintiff expressed no remorse and make no apology
– where the plaintiff did not take opportunities to comply
with the orders after the application for contempt was filed
– where there is a need for personal and general deterrence
– whether a custodial sentence is appropriate in all the
circumstances
Criminal Code 1899 Qld ss. 2, 3; District Court of Queensland Act
1967 Qld ss. 105, 129;Justices Act 1886 Qld
Land Title Act 1994 Qld ss. 126, 127, 130
Legislation
Commonwealth
Bills
Sex Discrimination and Fair Work (Respect at Work)
Amendment Bill 2021
Assent Act no: 104 Year: 2021 10 Sept 2021 - Implements
certain recommendations of the Australian Human Rights Commission
report, Respect@Work: National Inquiry into Sexual Harassment in
Australian Workplaces by amending the: Australian Human Rights
Commission Act 1986 to amend the definition of 'unlawful
discrimination'; and extend the period of time between an
alleged incident and the lodging of a complaint in relation to the
President's discretion to terminate a complaint
Commonwealth Electoral Amendment (Integrity of Elections)
Bill 2021
On 2 September 2021 the Senate referred the Commonwealth
Electoral Amendment (Integrity of Elections) Bill 2021for inquiry
and report by 14 October 2021. The closing date for submissions is
20 September 2021.
Commonwealth
Electoral Amendment (Integrity of Elections) Bill
2021
Introduced Senate 01 Sept 2021 - A bill to amend the
Commonwealth Electoral Act 1918 to provide for the routine auditing
of the electronic component of Australian federal elections and the
provision of voter identification. This bill does not cover
referendums.
Charter of the United Nations Amendment Bill
2021
Finally passed both Houses - 02 Sept 2021 - Amends the
Charter of the United Nations Act 1945 to: Specify that certain
counter-terrorism financial sanctions lists and revocations be made
by legislative instrument; and confirm the validity of action that
has been taken, or which may need to be taken, in respect of
conduct in relation to existing counter-terrorism financial
sanctions listings that were made but not registered on the Federal
Register of Legislation at the time of their making.
Courts and Tribunals Legislation Amendment (2021 Measures
No. 1) Bill 2021
Senate – 3rd reading – 02 Sept 2021
- Amends the: A New Tax System (Family Assistance) (Administration)
Act 1999, Administrative Appeals Tribunal Act 1975, Child Support
(Registration and Collection) Act 1988, Paid Parental Leave Act
2010 and Social Security (Administration) Act 1999 to standardise,
across all divisions, the powers of the Administrative Appeals
Tribunal (AAT) to issue summonses to require persons to give
evidence or produce documents; Administrative Appeals Tribunal Act
1975 in relation to: Procedural fairness; alternative dispute
resolution processes; constitution and reconstitution of the AAT;
dismissal powers; correction of errors; appointments,
authorisations and assignments; taxation of costs; and protection
and immunity of reviewers in the Immigration Assessment Authority;
and more....
Independent National Security Legislation Monitor Amendment
Bill 2021
Senate 2nd reading – 02 Sept 2021 -
Amends the Independent National Security Legislation Monitor Act
2010 to: Enable the Independent National Security Legislation
Monitor (INSLM) to report on own-motion inquiries
in standalone reports; provide that the INSLM's annual report
may include information relating to the performance of the
INSLM's functions in relation to a referral from the
Parliamentary Joint Committee on Intelligence and Security; specify
reporting arrangements for statutory reviews conducted by the
INSLM; provide a framework for the engagement of staff (including
contractors) to assist the INSLM in the performance of its
functions or exercise of its powers; and provide current and former
staff of the INSLM with certain legal protections during the course
of assisting the INSLM with performing functions or exercising
powers of the INSLM.
Crimes Amendment (Remissions of Sentences) Bill
2021
On 26 August 2021, the Senate referred the Crimes
Amendment (Remissions of Sentences) Bill 2021 to the Legal and
Constitutional Affairs Legislation Committee for inquiry and report
by 14 October 2021. The deadline for submissions to this inquiry is
17 September 2021.
No
Requirement for Medical Treatment (Including Experimental
Injections) Without Consent (Implementing Article 6 of the
Universal Declaration on Bioethics and Human Rights) Bill
2021
HR 30 August 2021 – Although Australia is signatory
to the Universal Declaration on Bioethics and Human Rights, the
articles of this Declaration do not form part of Australian law. 4.
Australians are currently not receiving 'adequate
information' to enable them to give 'free and informed
consent' in regard to the administration of preventative
medical intervention (the covid vaccinations).
Regulations
Broadcasting
Services (Parental Lock) Amendment Technical Standard 2021
(No.2)
06/09/2021 - This instrument amends the Broadcasting
Services (Parental Lock) Technical Standard 2020 to correct a
technical legal flaw in the definition of domestic digital
television receiver that was included by the Broadcasting Services
(Parental Lock) Amendment Technical Standard 2021 (No. 1).
Biosecurity
(Human Biosecurity Emergency) (Human Coronavirus with Pandemic
Potential) Variation (Extension No. 3) Instrument
2021
02/09/201 - This instrument amends the Biosecurity (Human
Biosecurity Emergency) (Human Coronavirus with Pandemic Potential)
Declaration 2020 to extend the human biosecurity emergency period
for a further 3 months until 17 December 2021.
Marriage
(Celebrancy Qualifications or Skills) Amendment (Guidelines)
Determination 2021
01/09/2021 - This instrument amends the Marriage
(Celebrancy Qualifications or Skills) Determination 2018 to include
a reference to the Guidelines on the Marriage Act 1961 for
Authorised Celebrants September 2021 as a training material to be
utilised in the delivery of the Certificate IV in Celebrancy.
Federal
Circuit and Family Court of Australia Legislation (Consequential
Amendments and Other Measures) Regulations
2021
30/09/2021 - This instrument amends family law and
court-related regulations to ensure that they continue to operate
effectively following the commencement of the Federal Circuit and
Family Court of Australia Act 2021 and the Federal Circuit and
Family Court of Australia (Consequential Amendments and
Transitional Provisions) Act 2021. It also makes minor and
consequential amendments to other Commonwealth regulations to
reflect the commencement of the Federal Circuit and Family Court of
Australia.
Federal
Circuit and Family Court of Australia (Consequential Amendments and
Transitional Provisions) Rules 2021
30/09/2021 - This instrument provides transitional rules
in respect of amendments to the Federal Court and Federal Circuit
Court Regulation 2012 and the Family Law (Fees) Regulation 2012
made by the Federal Circuit and Family Court of Australia
Legislation (Consequential Amendments and Other Measures)
Regulations 2021.
Federal
Circuit and Family Court of Australia (Division 2) (Family Law)
Rules 2021
30/09/2021 - These Rules adopt the Federal Circuit and
Family Court of Australia (Family Law) Rules 2021 to apply in
family law and child support proceedings in the Federal Circuit and
Family Court of Australia (Division 2), in order to harmonise the
rules of court that apply across the federal family law and child
support jurisdictions.
Family
Law (State and Territory Courts) Rules
2021
30/09/2021 - This instrument adopts the Federal Circuit
and Family Court of Australia (Family Law) Rules 2021 to apply to
state and territory courts exercising family law jurisdiction, in
order to harmonise the rules of court that apply to all courts when
exercising family law jurisdiction (with the exclusion of Western
Australia).
Queensland
Subordinate legislation as made – 01 September
2021
No 136
Parliamentary Service Rule 2021
Reminders
No 122
Statutory Instruments (Exemptions from Expiry) Amendment Regulation
2021
The Regulation, commences on 1 September 2021
No 127
Criminal Practice (Fees and Allowances) Regulation 2021
This Regulation is Made under the Coroners Act 2003, Justices Act
1886, and Supreme Court of Queensland Act 1991. The purpose of the
Regulation is to replace the Criminal Practice (Fees) Regulation
2010, and continue to provide a transparent and equitable fee
regime for accessing court exhibits, documents and other things
from criminal proceedings, and a transparent and equitable
compensatory scheme for prosecution witnesses in criminal
proceedings). The Regulation, commences on 1 September 2021
No 128
Witness Protection Regulation 2021
This Regulation is Made under the Witness Protection Act 2000
(the Act). The Regulation, which commences on 1
September 2021, remakes the 2011 Regulation to support the main
objective of the Act.
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.