Queensland Government Bulletin - In the media, reports, cases and legislation - Constitutional & Administrative Law

In the media

Tony Fitzgerald hands down review into Queensland's Crime and Corruption Commission
A Commission of Inquiry relating to the Crime and Corruption Commission (CCC) has recommended that the Queensland's corruption watchdog must to consult with the state's Director of Public Prosecutions before laying charges to avoid "unwarranted impact" of its investigations and rebuild public confidence. The report also recommends the CCC reduce its reliance on police officers as staff (9 August 2022). More.

Audit calls for more 'user-friendly' grants
An audit of five Departments' management of the grants they allocate has also assessed the strengths and weaknesses of the internal controls in use. According to the audit, it found that clearer information was needed, partly for transparency reasons, but also because people could understand what funding was going to their local communities (26 July 2022). More.

Specialist domestic and family violence court to operate in Brisbane
A specialist domestic and family violence court will be established in Brisbane to help vulnerable Queenslanders navigate the justice system. The Attorney-General said the design and operation of the Brisbane Specialist Domestic and Family Violence Court would be informed by the operations of existing specialist courts, particularly Queensland's first permanent specialist DFV court at Southport (16 July 2022). More.

REIQ: Latest law reforms could lead to Qld investor exodus
New Queensland rental legislative reforms could have a damaging impact on the industry, according to the Real Estate Institute of Queensland (REIQ). The reforms, which come into effect from 1 October 2022, include the removal of the right for property owners to end a periodic tenancy simply by providing notice, a move that could result in the extinction of these tenancy types (8 July 2022). More.

First Nations voices heard
The Queensland Government has announced the appointment of the state's eight-member First Nations Consultative Committee. The Committee will help design a Queensland Indigenous Voice model that best meets the needs and priorities of First Nations peoples and reflects the diversity of Aboriginal and Torres Strait Islander peoples and communities in Queensland (7 July 2022). More.

New Solicitor-General for Queensland
Highly experienced barrister Gim Del Villar QC has been announced as Queensland's new Solicitor-General. Mr Del Villar takes over from Sandy Thompson QC, who has decided to retire from the role having completed a three-year term of distinguished service (7 July 2022). More.

DPC taskforce to adopt QPS review plans
The Department of Premier and Cabinet is to set up a new taskforce to implement the recommendations of the Coaldrake review into the Queensland public sector. Endorsed by Cabinet, Peter Coaldrake's wide-ranging report includes 14 key recommendations Premier Annastacia Palaszczuk declared "will set a benchmark for the rest of Australia to follow" (6 July 2022). More.

Queensland's Women's Safety and Justice Taskforce recommends strengthening consent laws
Women's Safety and Justice Taskforce Chair Margaret McMurdo has handed down the second Hear Her Voice report, making 188 recommendations to the Queensland Government including strengthening sexual consent laws and an educational campaign to dispel rape myths for female victim-survivors of sexual assault (1 July 2022). More.

Publications

Without Fear or Favour: the ALRC's new report on judicial impartiality and the law on bias
The Australian Law Reform Commission has releases a report, Without Fear or Favour: Judicial Impartiality and the Law on Bias, outlining 14 recommendations which, if adopted, will buttress impartial decision-making and help maintain the legitimacy of the federal judiciary in a changing world. Read the Report here.

Delivering social housing services
The Queensland Audit Office has tabled the Delivering social housing services Report 1: 2022-23 in Parliament. As many social and economic factors, including inflation and rising interest rates, contribute to growing housing pressures, the report examines whether social housing is effectively managed to meet the housing needs of vulnerable Queenslanders. Read the Report here.

The next industrial revolution: Transforming Australia to flourish in a net-zero world
According to the latest report from the Grattan Institute, Australia needs a 21st Century industry policy so we can become an industrial success story as the world moves to net-zero carbon emissions. The report sets out the steps that the federal government and industry can take to forge a new strategic partnership to create jobs and boost productivity. Read the report here.

Unemployment rate falls to 3.5 per cent
The unemployment rate has fallen to 3.5 per cent in June 2022, according to data released by the Australian Bureau of Statistics. According to the data, employment increased by 88,000 people and unemployment fell by 54,000, with the unemployment rate down l by 0.4 percentage points, to 3.5 per cent - the lowest in almost 50 years. Read more here.

CCIQ June quarter Pulse Survey the chance for businesses to highlight future growth needs
Queensland businesses have the chance to share what they need to scale and grow in the future, including where they see the most significant business input costs and how that is impacting their bottom line, via the Chamber of Commerce and Industry Queensland's June Quarter Pulse Survey, out now. You can also read the March quarter Pulse Report here.

Practice

Transcripts and recordings
The Department of Justice and Attorney-General is moving to a new way of delivering recording and transcription services across Queensland Courts and Tribunals. Queensland Courts and Tribunals has begun transitioning to QTranscripts, the new recording and transcription service delivery model, under a staged rollout. Details here.

New electronic document management spreadsheet
To assist litigants and practitioners in embracing technology in the conduct of litigation, a revised version of the document management spreadsheet is now available on the Queensland Courts website. The spreadsheet facilitates electronic management of documents from commencement of a proceeding, including the preparation of an electronic 'List of Documents' for the purpose of disclosure, eBriefs to counsel, briefs for mediation and eTrial bundles. Details here.

2022 Australian Young Lawyer Awards
The 2022 Australian Young Lawyer Awards are now open. The awards aim to encourage and foster young lawyer organisations to establish programs for the benefit and assistance of the profession and the community, and to recognise and reward the achievement and contributions of individual lawyers. Nominate a young lawyer or young lawyer organisation before 12 August here.

AAT Bulletin Issue No.15/2022 25 July 2022
The AAT Bulletin is a fortnightly publication containing information about recently published decisions and appeals against decisions in the AAT's General, Freedom of Information, National Disability Insurance Scheme, Security, Small Business Taxation, Taxation & Commercial and Veterans' Appeals Divisions. Read more here.

Cases

NTL Constructions Pty Ltd v Queensland Building and Construction Commission [2022] QCAT 239
ADMINISTRATIVE LAW - ADMINISTRATIVE TRIBUNALS - QUEENSLAND CIVIL AND ADMINISTRATIVE TRIBUNAL - where application to strike out application to review on basis applicant is deregistered - effect of deregistration - whether application to review should be dismissed.

Commissioner of State Revenue v Telgrove Pty Ltd [2022] QCA 132
ADMINISTRATIVE LAW - ADMINISTRATIVE TRIBUNALS - QUEENSLAND CIVIL AND ADMINISTRATIVE TRIBUNAL - where the respondent is one of six entities that had been grouped for payroll tax purposes by the applicant - where the applicant refused to make an exclusion order pursuant to s 74 of the Payroll Tax Act 1971 (Qld) (the Act) and issued default tax assessment notices - where the respondent was successful in its application to QCAT (the Tribunal) for review of the decision.

ST v Metro South Hospital and Health Service & Ors [2022] QCAT 272
HUMAN RIGHTS - DISCRIMINATION LEGISLATION - GROUNDS OF DISCRIMINATION - gender identity discrimination in the area of goods and services under s.7(m), 10, 11 and 46 of the AD Act. GENDER IDENTITY -DISABILITY OR IMPAIRMENT - mental health-OTHER MATTERS - where applicant resides in public housing - where warrant of possession issued - where considerable delay in bringing allegations - where alleged discrimination made on grounds of impairment.

Ashanti Logistics Pty Ltd v Sunshine Coast Regional Council [2022] QPEC 22
PLANNING AND ENVIRONMENT - APPEAL - CONDITIONS - DEVELOPMENT APPLICATION - where the Council approved development of land for a service station - where a condition required the operating hours of the service station to be limited to 6 am to 10 pm, Monday to Sunday - whether the conditions imposed by the Council are lawful - whether conditions should be imposed in the exercise of discretion.

Bode v State of Queensland (Queensland Health) [2022] QIRC 260
PUBLIC SERVICE - EMPLOYEES AND SERVANTS OF THE CROWN GENERALLY - Public Service Appeal - where appellant appeals a conversion decision and fair treatment decision - whether appellant has standing to lodge a public service appeal - appeal misconceived - no appealable decisions pursuant to s 194 of the Public Service Act 2008 (Qld).

Mizner v State of Queensland (Queensland Corrective Services and Smith) [2022] QCAT 245
INTERLOCUTORY INJUNCTION - PRESERVING THE STATUS QUO PENDING DETERMINATION OF RIGHTS - where applicant is a prisoner - where applicant alleges indirect discrimination on the basis of impairment - proposal to place applicant in a dual occupancy cell - where applicant established a prima facie case - where balance of convenience favours maintaining the status quo.
HUMAN RIGHTS - DISCRIMINATION - INDIRECT DISCRIMINATION - where applicant alleges indirect discrimination - where applicant brings a "piggy-back" claim asserting contravention of the Human Rights Act 2019 (Qld).

Legislation

Bills introduced by Government

Appropriation (Parliament) Bill 2022
Appropriation Bill 2022
Building Units and Group Titles and Other Legislation Amendment Bill 2022
Industrial Relations and Other Legislation Amendment Bill 2022
Revenue Legislation Amendment Bill 2022

Bills passed without amendment

Revenue Legislation Amendment Bill 2022

Bills amended during passage

Personal Injuries Proceedings and Other Legislation Amendment Bill 2022

Acts assented to

Personal Injuries Proceedings and Other Legislation Amendment Act 2022 No. 13 - Assent 30 June 2022
Revenue Legislation Amendment Act 2022 No. 14 - Assent 30 June 2022

Subordinate legislation notified

Residential Services (Accreditation) (Exclusion of Retirement Villages) Amendment Regulation 2022
Residential Tenancies and Rooming Accommodation Amendment Regulation 2022
Safety in Recreational Water Activities (Code of Practice) Notice 2022
Work Health and Safety (Codes of Practice) Notice 2022
Associations Incorporation and Other Legislation Amendment Regulation 2022
Education and Care Services National Law (Queensland) Regulation 2022

Subordinate legislation tabled

Subordinate legislation repealed

Land (COVID-19 Emergency Response-Waiver and Deferral of Rents and Instalments) Regulation 2020
Professional Standards (Law Institute of Victoria Limited Scheme) Notice 2016
Professional Standards (Queensland Law Society Professional Standards Scheme) Notice 2016
Professional Standards (South Australian Bar Association Inc Scheme) Notice 2017
Professional Standards (The Law Society of South Australia Professional Standards Scheme) Notice 2017
Workers' Compensation and Rehabilitation (QOTE) Notice 2021

Subordinate legislation expired

Disability Services (Transitional) Regulation 2019
Land (COVID-19 Emergency Response-Waiver and Deferral of Rents and Instalments) Regulation 2020
Maintenance Regulations 1967
Professional Standards (Queensland Law Society Professional Standards Scheme) Notice 2016
Disaster Management (Further Extension of Disaster Situation-COVID-19) Regulation 2022
Public Health (Further Extension of Declared Public Health Emergency-COVID-19) Regulation 2022

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.

Australia: Queensland Government Bulletin - In the media, reports, cases and legislation

In the media

Publications

Practice

Cases

Legislation

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