In the media

Queensland CCC seeking feedback on changes to complaint disclosure laws
Queensland's Crime and Corruption Commission (CCC) is reviewing its laws that allow allegations to be made public while they are being investigated. More...

Queensland needs reform on class actions
Queensland's continued lack of a class action structure perpetuates a significant omission in the States legal structure, according to Queensland Law Society (26 May 2016). More...

Palaszczuk Government to standardise age of consent
The Palaszczuk Government has announced its intention to standardise the age of consent for lawful sexual activity in Queensland (25 May 2016). More (Government to standardise age of consent) ... More (Action plan to tackle rising STI rates in North Queensland)....

Queensland says 'there's no excuse for elder abuse'
The Palaszczuk Government has stepped up the fight against elder abuse, launching a new campaign today to target the growing issue in Queensland (25 May 2016). More...

Sentencing Council reinstated in Queensland
State Parliament has today passed the Palaszczuk Government's legislation re-establishing the Queensland Sentencing Advisory Council (24 May 2016). More...

QLS: Return of Sentencing Advisory Council a win for QLD justice system
The reintroduction of the Sentencing Advisory Council in Queensland is vital to the delivery of justice throughout the state. Society president Bill Potts said the return of SAC was consistent with QLS's state Call to Parties document issued prior to the last Queensland election. More...

Palaszczuk Government ensures safety of Queenslanders
Today Minister for Police Bill Byrne introduced a Bill in Queensland Parliament that will increase the Queensland Police Service's ability to get on with the job of keeping Queenslanders safe (24 May 2016). More...

New laws to strengthen child protection in schools
Education Minister Kate Jones today introduced legislation into State Parliament to strengthen protection for children in schools (24 May 2016). More...

In practice and courts

Elder Abuse Inquiry
The ALRC has received Terms of Reference for an Inquiry into Elder Abuse. Initial research and consultations are underway and will continue into May. The ALRC has established an Advisory Committee for the Inquiry and its first meeting will be in May. The first consultation document of the Inquiry will be an Issues Paper to be released on 15 June 2016. More...

2016 COAT National Conference 2016
Hotel Grand Chancellor Hobart. COAT National Conference "Between CATs and Courts". More...

Legal and Constitutional Affairs References Committee – current enquiries
The establishment of a national registration system for Australian paramedics to improve and ensure patient and community safety - The reporting date is 30 June 2016.

CCC: to examine whether publicising allegations of corrupt conduct is in the public interest
The CCC published a discussion paper today titled Making allegations of corrupt conduct public: Is it in the public interest?and is calling for public submissions to support the examination of this issue closing on 30 June2016.

Queensland Current Inquiries
Examination of Portfolio Subordinate Legislation
Auditor-General Reports referred to the Committee for Consideration

Published – articles, papers, reports

Justice Logan RFD, 'Statutory Construction' (2016)
Panel Discussion Presentation. Delivered at the Administrative Appeals Tribunal Members Conference, Twin Waters Resort, Sunshine Coast, Queensland (30 May 2016).

Cases – Queensland

Francis v Administrative Appeals Tribunal [2016] FCA 639
PRACTICE AND PROCEDURE – summary judgment – whether applicant has reasonable prospect of successfully prosecuting proceeding - Federal Court of Australia Act 1976 (Cth) s 31A – Federal Court Rules 2011 (Cth) r 26.01(1)(a). ADMINISTRATIVE LAW– appeal against decision of the Administrative Appeals Tribunal – where Tribunal conducted a review of decision made by the Information Commissioner to make a vexatious applicant declaration – where Information Commissioner satisfied that a particular access action involves an abuse of process – Freedom of Information Act 1982 (Cth) ss 89K, 89L.

Gerhardt v Queensland Building and Construction Commission [2016] QCA 136
ADMINISTRATIVE LAW – ADMINISTRATIVE TRIBUNALS – GENERALLY – where an extension of time is required to bring the application for leave to appeal – where the extension is not opposed – whether leave is granted. ADMINISTRATIVE LAW – ADMINISTRATIVE TRIBUNALS – GENERALLY – where the Queensland Building and Construction Commission decided the applicant had engaged in unsatisfactory conduct – where the decision was set aside by a member of the Queensland Civil and Administrative Tribunal (QCAT) – where a member of the Queensland Civil and Administrative Appeal Tribunal set aside the QCAT member's findings – where leave to appeal is restricted to a question of law – where the applicant was a private certifier under the Building Act 1975 (Qld) – where the applicant issued building permits without preliminary approval – where the council was prescribed as a "concurrence agency" in the Sustainable Planning Regulation 2009 – whether the applicant was the assessment manager of the development application and therefore did not require preliminary approval.

Leigh and Australian Federal Police (Freedom of information) [2016] AATA 330
FREEDOM OF INFORMATION — request for access to names of former staff of the Minister for Foreign Affairs contained in Australian Federal Police report — whether staff names are conditionally exempt from disclosure — whether disclosure would involve unreasonable disclosure of personal information — whether disclosure would be contrary to the public interest — decision varied.
PARLIAMENTARY PRIVILEGE — whether applicant can rely on Parliamentary proceedings and media references to Parliamentary proceedings — whether reliance on material would invite the drawing of inferences or conclusions contrary to s 16(3)(c) of the Parliamentary Privileges Act 1987 — applicant cannot rely on material.
Administrative Appeals Tribunal Act 1975, ss 43(5B), 44
Bill of Rights 1688, art 9
Freedom of Information Act 1982, ss 3, 3A, 4(1), 11(2), 11A(5), 11B(4), 15, 22, 27A, 31B, 47F, 53C, 54L, 54W(b), 60AA, 61(1)(b), 63(2), 64(1A), 67(2), 93A.

Taggart and Civil Aviation Safety Authority (Freedom of information) [2016] AATA 327
FREEDOM OF INFORMATION – exemption – legal professional privilege – in-house agency legal services division – whether appropriately independent of remainder of agency – whether communications between legal services division and another division within the agency – made for the dominant purpose of giving or obtaining legal advice – whether waiver of privilege – decision varied.
Administrative Appeals Tribunal Act 1975 ss 26(1)(b), 33(1)(c), 33(1AA), 34E, 40(5), 43(2), 43(2A), 43(2B) Freedom of Information Act 1982 ss 3(1)(b), 3A(2)(b), 4(1), 8(2)(j), 8A(1), 8A(2), 11, 11A, 11A(5), 11B, 22, 22(1)(b), 22(1)(c), 22(1)(d), 31B, 42, 42(1), 42(2), 42(3), 58(2), 61(1)(b), 93A.

Commissioner of State Revenue v Kimiora [2016] FCCA 1229
STATUTORY INTERPRETATION – Interest payable under Duties Act 2000 (Vic) – whether judgment debt attracts interest under Magistrates Court Act 1989 (Vic) or under Taxation Administration Act (Vic) – interest on unpaid tax is payable under Taxation Administration Act (Vic) that establishes a code, separate and apart from ordinary judgment debts on which interest under other legislation may be payable. STATUTORY INTERPRETATION – Principles to be applied in ascertaining the intention of Parliament.

Kakae v Wetspot Consolidated Pty Ltd & Ors [2016] VSC 271
ADMINISTRATIVE LAW – Judicial review – Medical panel – Adequacy of reasons – Procedural fairness – Error of law – Relevant considerations – Supreme Court (General Civil Procedure) Rules 2015 (Vic) Order 56 – Accident Compensation Act 1985 (Vic) ss 5, 93, 99, 114 – Workplace Injury, Rehabilitation & Compensation Act 2013 (Vic) ss 3, 282, 284, 302.

Legislation – Queensland

Subordinate Legislation as made
No 55: State Penalties Enforcement Amendment Regulation (No. 2) 2016
State Penalties Enforcement Act 1999 – 27 May 2016

No 58: State Penalties Enforcement Amendment Regulation (No. 3) 2016
State Penalties Enforcement Act 1999 – 27 May 2016


Director of Child Protection Litigation Bill 2016
Introduced by: on 16/02/2016 Stage reached: PASSED with amendment on 11/05/2016
Assent Date: 25/05/2016 Act No: Act No. 23 of 2016
Commences: see Act for details

Child Protection Reform Amendment Bill 2016
Introduced on 16/02/2016 Stage reached: PASSED on 11/05/2016
Assent Date: 25/05/2016 Act No: Act. No. 24 of 2016
Commences: see Act for details

Penalties and Sentences (Queensland Sentencing Advisory Council) Amendment Bill 2016
Introduced on 15/03/2016 Stage reached: PASSED with amendment on 24/05/2016. This Bill re-establishes the Queensland Sentencing Advisory Council.

Australian Crime Commission (Queensland) and Other Legislation Amendment Bill 2016
Introduced on 24/05/2016 Stage reached: Referred to Committee on 24/05/2016
The objectives of the Bill are to facilitate the merger of CrimTrac (Australia's policing information sharing agency) into the Australian Crime Commission (Australia's national criminal intelligence agency).

Acts as passed – 25 May 2016

No 23 Director of Child Protection Litigation Act 2016

No 24 Child Protection Reform Amendment Act 2016

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.