In the media
New laws to make pandemic practices permanent in
Queensland
New legislation is to see some temporary measures that
were put in place during the COVID-19 pandemic made permanent. The
Justice and Other Legislation Amendment Bill 2021 embeds
measures that have supported small businesses and benefited the
community, including modernising the way important legal documents
are made (23 November 2021).
More...
Auditor updates agencies' self-progress
The Queensland Audit Office has released an update on
Government entities' self-assessed progress in implementing the
performance audit recommendations made to them between 2015 and
2018. The most common types of recommendations entities failed to
implement were those related to performance monitoring and
reporting, governance and strategic planning (23 November 2021).
More...
In practice and courts
Queensland
CCC Publication: Privacy
2 November 2021 - The purpose of this policy is to outline
the responsibilities of the CCC under the Information
Privacy Policy 2009.
OIC Qld Submissions
Submission to the Economics and Governance Committee
November 23, 2021 - the Brisbane Olympic and Paralympic Games
Arrangements Bill 2021.
OIC Queensland Decisions – 22 November 2021
U24 and Brisbane City Council [2021] QICmr 61 (22 November 2021) |
Office of the Information Commissioner Queensland
G42 and Department of Children, Youth Justice and Multicultural
Affairs [2021] QICmr 62 (22 November 2021) | Office of the
Information Commissioner Queensland
Department of Justice and Attorney-General: QTranscripts
- A secure system for requesting transcripts
The Department of Justice and Attorney-General is moving
to a new way of delivering recording and transcription services
across Queensland Courts and Tribunals in 2022.
For further information and instructions on use, please refer to
the attached
December 2021.
Queensland Courts Practice Directions
Magistrates
Court practice direction 1 of 2014 - Amended 26 Nov 2021
Clarify the permitted use of electronic devices and taking of
photographs and video footage in courtrooms.
Magistrates
Court practice direction 4 of 2021 26 Nov 2021
Facilitate the operation of the Queensland Intermediary Scheme
Pilot Program.
Department of the Premier and Cabinet Consultation -
Annual report 2020-21
Feedback survey open until 31 July 2022. By taking a minute to
complete this survey, you will help us improve our annual reports
so readers can use them more effectively.
Queensland Sentencing and Advisory Council: Serious
violent offences scheme review
We are reviewing the serious violent offences scheme in
the Penalties and Sentences Act 1992 in response to Terms of
Reference issued to us in early April 2021. Findings and
recommendations are to be reported by 11 April 2022. Read the Terms
of Reference which describe the scope for our
review.
Terms of Reference Submissions close on 17 December 2021.
More...
Published - articles, papers, reports
Gender Balance on Australian Government Boards Report
2020-21
PMC Office for WomenLeadership: 03 December 2021
The Gender Balance on Australian Government Boards Report is
prepared annually by the Office for Women, and reports on the
Government's performance against its gender diversity target.
Click
here to read more.
Cases
Young
v Crime and Corruption Commission [2021] QCA
256
Mr Young had alleged that the respondent failed to respond
appropriately to a series of complaints which he made to the
respondent about the Gold Coast City Council which employed him for
nearly 10 years until May 2005 when he was summarily dismissed. He
pleaded that his complaints of misconduct and offences by the
Council's employees were not properly investigated by the
respondent.
O'Gorman
v Somerset Regional Council [2021] QCAT
408
Administrative law – Administrative Tribunals
– Queensland Civil & Administrative Tribunal –
animals – dangerous dog – where unprovoked attack
causing bodily harm – where bodily harm constituted wounds to
the victim's legs – where dangerous dog declaration made
– whether the attack was by the applicant's dog –
where there is a dispute about an attack – where there is
different versions of what occurred.
Storry
v Office of Fair Trading [2021] QCA 255
ADMINISTRATIVE LAW – ADMINISTRATIVE TRIBUNALS
– QUEENSLAND CIVIL AND ADMINISTRATIVE TRIBUNAL – where
the Office of Fair Trading made four separate directions concerning
the freezing of certain trust accounts and the appointment of a
receiver – where the proceeding arose out of the affairs of a
real estate agency of which the applicant's father was the
principal and which was subsequently taken over by the applicant
– where it emerged during the hearing that the receivership
over the applicant's own account had ended – where the
point of the proceeding appears to be personal vindication –
where a person is seeking to agitate the correctness of an
administrative decision for the third time, something special must
be shown to justify such a course – where it is material to
notice that, as Boddice J observed in his reasons, when he
dismissed the application for judicial review, that the applicant
had previously commenced and then abandoned proceedings for
judicial review – where this is, therefore, actually an
attempt by the applicant to relitigate the propriety of these
decisions for the sixth time – whether leave to appeal should
be granted
Queensland Civil and Administrative Tribunal Act 2009 Qld s
150.
Legislation
Commonwealth
Bills
Commonwealth
Electoral Amendment (Ensuring Voter Choice Through Optional
Preferential Voting and the Robson Rotation) Bill
2021
03 December 2021 – A Bill for an Act to amend the
law relating to elections in respect of ballot papers and to
provide for optional preferential voting and ensure voter
choice.
Illegal Detention of Australian Journalists (Free Julian
Assange) Bill 2021
House of Representatives Introduced and read a first time
29 November 2021
Discharged from Notice Paper : In accordance with House Standing
Order 116(a) 29 November 2021
The Bill seeks to clearly define 'journalism' to include
conduct engaged in the regular course of legitimate journalism,
such as publishing and passively receiving information. This
includes conduct engaged in for the purpose of journalistic
activity that would not be subject to an offence in Australia.
Crimes Amendment (Remissions of Sentences) Bill
2021
Finally passed both Houses 01 Dec 2021
Amends the Crimes Act 1918 to: Repeal section 19AA which applies
remissions or reductions under stat or territory laws to federal
sentences; and make consequential amendments.
The repeal of section 19AA of the Crimes Act is necessary in order
to address the significant risks to community safety as a result of
remissions, known as emergency management days, being granted in
high numbers to federal offenders under Victorian laws since the
beginning of the COVID-19 pandemic.
Electoral Legislation Amendment (Annual Disclosure
Equality) Bill 2021
Finally passed both Houses 02 Dec 2021
Amends the Commonwealth Electoral Act 1918 to: Extend the
application of the foreign donations framework to current sitting
members of the House of Representatives and Senators; require
members of the House of Representatives and Senators who receive
gifts for the purpose of incurring electoral expenditure or
creating or communicating electoral matter to lodge an annual
return with the Australian Electoral Commission; and extend the
period for which a person is taken to be a candidate by an
additional six months for the purpose of the disclosure period for
candidate and Senate group returns and for restrictions on
receiving foreign donations.
Electoral Legislation Amendment (Contingency Measures) Bill
2021
Finally passed both Houses 02 Dec 2021
Amends the Commonwealth Electoral Act 1918 to: Implement certain
recommendations of the Joint Standing Committee on Electoral
Matters' Report of the inquiry on the future conduct of
elections operating during times of emergency situations by
enabling the Electoral Commissioner to make limited operational
modifications by legislative instrument where an emergency
declaration has been issued under a Commonwealth law and moving the
existing power to adjourn or suspend polling at a polling place or
pre-poll voting office from local polling booth presiding officers
to the Electoral Commissioner; delay the commencement of the
scrutiny for a House of Representatives election for a Division
where polling has been adjourned or temporarily suspended; prevent
scrutineers and Australian Electoral Commission officers from
disclosing the results of a Senate election in a Division where
polling has been adjourned; and make minor amendments in relation
to the cut-off date for postal vote applications and the format of
postal vote certificates.
Electoral
Legislation Amendment (Candidate Eligibility) Bill
2021
Registered 29 Nov 2021 Introduced HR 25 Nov 2021
A Bill for an Act to amend the law relating to elections in respect
of the checklist for nomination of candidates - Schedule 1 amends
Part XIV of the Electoral Act, and Form DB of Schedule 1, to
simplify the Qualification Checklist and to clarify when a response
to a question is mandatory. The Qualification Checklist is also
more streamlined with fewer questions.
Autonomous
Sanctions Amendment (Thematic Sanctions) Bill
2021
Senate 24 November 2021 -
The Bill makes clear that autonomous sanctions
regimes, established under the Autonomous Sanctions Regulations
2011 (the Regulations), can be either country-specific or
thematic
Act compilation
Independent
National Security Legislation Monitor Act
2010
30/11/2021 - Act No. 32 of 2010 as amended
Australian
Human Rights Commission Act 1986
22/11/2021 - Act No. 125 of 1986 as amended
Regulations
Competition
and Consumer Amendment (Consumer Data Right) Regulations
2021
30/11/2021 - This instrument amends the Competition and
Consumer Regulations 2010 to exempt the Australian Energy Market
Operator (AEMO) from four privacy safeguard
obligations, and in circumstances where AEMO provides Consumer Data
Right data to a retailer.
Queensland
Acts
No 23
Justice and Other Legislation Amendment Act 2021 24/11/2021
Subordinate legislation as made – 03 December
2021
No 169
Public Health (Further Extension of Declared Public Health
Emergency—COVID-19) Regulation (No. 4) 2021
No 171
COVID-19 Emergency Response and Other Legislation Amendment
(Postponement) Regulation 2021
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.
