In the media
Chain of Responsibility amendments pass
Better safety outcomes and a stronger Chain of Responsibility (CoR)
are the result of the Queensland Parliament yesterday passing
amendments to the National Heavy Vehicle Law. An implementation
period has been proposed that will see these reforms come into
effect in mid-2018 (02 December 2016).
IR reforms to restore fairness for Queensland public sector
workers
State Parliament has passed landmark industrial relations reforms
to restore fairness for Queensland public sector and local
government workers (01 December 2016).
New Commonwealth procurement rules from next
year
The Government has been forced to concede its position on the rules
in order to get its Australian Building and Construction Commission
(ABCC) bill through the Senate. Under the new rules Government
officials would also need to consider whether bidders are ethical
employers, and are in compliance with occupational health and
safety and environmental standards (01 December 2016).
Palaszczuk Government to end "gay panic"
defence
The Palaszczuk Government has introduced legislation into the
Queensland Parliament to exclude an unwanted sexual advance from
the partial defence of provocation (30 November 2016).
QLS says new anti-bikie laws are a step forward – but
not without problems
Queensland Law Society has applauded the Palaszczuk Labor
Government for dispatching the LNP's flawed and unworkable VLAD
anti-bikie laws to the dustbin of history (30 November 2016).
Queensland adopts Australia's toughest serious
organised crime laws
Queensland will have Australia's toughest and most effective
laws to tackle serious and organised crime after State Parliament
passed the Palaszczuk Government's Serious and Organised
Crime Amendment Bill (29 November 2016).
Expert reference group re-established
The Palaszczuk Government has announced the re-establishment of the
Lawful Detention Expert Reference Group (LDERG) to ensure better
information sharing between justice agencies and better use of
systems to minimise administrative errors (29 November 2016).
Follow-up review report - Queensland
Universities
Queensland's Office of the Information Commissioner's (OIC)
follow-up review report regarding the Griffith University,
Queensland University of Technology, University of Queensland and
University of Southern Queensland was tabled in Parliament today
(30 November 2016).
Palaszczuk Government outlines path forward for expunging
historical gay convictions
The Attorney-General and Minister for Justice today tabled a
Queensland Law Reform Commission report into the process
recommended, and outlined the Government response to that report.
The QLRC Report recommends creating a framework that would allow
eligible people to apply on a case-by-case basis (29 November
2016).
In practice and courts
High Court of Australia
The High Court of Australia Bulletin [2016] HCAB 09 was published
on 28 November 2016.
More...
CCC corruption allegations: Data from 1 July 2015
– 30 June 2016
This report provides a summary of the types of conduct alleged, the
activities related to the alleged conduct, subject officers and
locations for matters concerning the Queensland Police Service,
public service departments and local government from 1 July 2015 to
30 June 2016 (November 2016).
More...
Criminal justice system—prison sentences (Report
4: 2016–17)
QAO: Tabled 29 November 2016
Achieving intended sentence outcomes depends on how efficiently and
effectively the court's prison sentence is administered.
More...
OAIC QLD: Follow-up review report - Queensland
Universities – 30 November 2016
The follow-up review found that the four universities have fully
implemented 40 of the 43 recommendations. Acting Information
Commissioner said it was encouraging to see that the universities
had adopted processes to measure and drive continuous improvement
of their right to information and information privacy functions.
More...
Queensland Court appointments announced
Mr Dennis Lynch QC has been appointed as a judge in the District
Court of Queensland, joining two other new judges – Catherine
Muir and Nicole Kefford – whose appointments were announced
last month (02 December 2016).
More...
Published – articles, papers, reports
OAICnet - 1 December 2016
12 July 2017: Save the date!; De-identification workshop wrap-up;
Australian Red Cross data breach response; 250 years of FOI; FOI
decisions; Commissioner statements.
A man for all seasons? The fair minded observer and royal
commissioners –
Matthew Groves; Australian Journal of Administrative Law, Vol
23 Pt 4, 01 December 2016
[Westlaw subscription access]
Cases
Case note: High Court Dismisses Special Leave Application from
Lodestar Anstalt v Campari America LLC [2016] FCAFC
92
The High Court of Australia has dismissed an application for
special leave from the decision of Lodestar Anstalt v Campari
America LLC [2016] FCAFC 92. This means that the Full Federal
Court decision remains the leading judgment on the application of
section 8 of the Trade Marks.
The
Body Corporate for Jade Apartments v Queensland Building and
Construction Commission [2016] QCAT 445
REVIEW – Queensland Building and Construction Commission
Act 1991 (Qld) – where applicant lodged second complaint
restating first complaint – whether refusal to investigate
second complaint a reviewable decision – whether refusal to
undertake internal review of refusal to investigate second
complaint a reviewable decision.
Jackson
and Evans v Queensland Building and Construction Commission
[2016] QCAT 434
ADMINISTRATIVE REVIEW – principles applied administrative
reviews – fresh hearing on the merits – building work
– decision not to issue a direction to rectify defective
building work – rectification of building work policy –
unfair to issue direction to rectify – whether decision not
to issue a direction was reasonable – evidence –
natural justice principles – rules of evidence.
Burragubba
& Anor v Minister for Natural Resources and Mines &
Anor [2016] QSC 273
ADMINISTRATIVE LAW – JUDICIAL REVIEW – GROUNDS FOR
REVIEW – PROCEDURAL FAIRNESS – EXCLUSION OF PROCEDURAL
FAIRNESS –PROCEDURES PROVIDED BY STATUTE – where the
first respondent, pursuant to s 271A of the Mineral Resources
Act 1989 (Qld) ("MRA"), decided to grant mining
leases to the second respondent – where the applicants did
not notify an objection in accordance with the MRA – where
the applicants submit that the decision of the first respondent
breached the principles of natural justice because he did not give
the applicants an opportunity to be heard before he made his
decision – whether the MRA operates to define and to limit
both the persons to whom the obligation to afford natural justice
might extend and the subject matter in relation to which they might
be heard.
ADMINISTRATIVE LAW – JUDICIAL REVIEW – GROUNDS FOR
REVIEW – ERROR OF LAW – where the applicants were some
of the persons comprising a registered applicant in respect of a
native title determination application in the National Native Title
Tribunal ("NNTT") – where the registered applicant
was unsuccessful in the NNTT and commenced a judicial review
proceeding in the Federal Court – where the first respondent
referred to the proceedings in the NNTT and the proceeding in the
Federal Court in his reasons – where the applicants submit
that the first respondent made an error of law by concluding that
native title issues were "resolved" – where the
applicants submit that the first respondent failed to take into
account the impact of the decision on the applicants' native
title rights – where the applicants also submit that the
first respondent failed to take into account the risk that the NNTT
decision may be set aside – whether the first respondent made
an error of law or failed to take into account relevant
considerations.
ADMINISTRATIVE LAW – JUDICIAL REVIEW – GROUNDS FOR
REVIEW – RELEVANT CONSIDERATIONS – where the first
applicant provided a document to "the State of
Queensland" during the NNTT proceeding – where the
applicants submit that the first respondent had constructive
knowledge of the document – where the applicants submit that
the first respondent failed to take into account the potential
adverse impacts of the grant of the mining leases upon the native
title rights or cultural interests asserted in the document –
whether the first respondent was obliged to consider the document
in circumstances where no objection had been notified in accordance
with the MRA – whether there was a failure to take into
account a relevant consideration.
Land
Services of Coast and Country Inc v Chief Executive, Department of
Environment and Heritage Protection & Anor [2016] QSC
272
ADMINISTRATIVE LAW – JUDICIAL REVIEW – GROUNDS FOR
REVIEW – ERROR OF LAW – where a delegate of the first
respondent made a decision to grant an environmental authority to
the second respondent pursuant to s.194(2)(ii) of the
Environmental Protection Act 1994 (Qld) ("EPA")
– where the applicant submits that ss.3 and 5 of the EPA,
taken together, obliges the delegate to be positively satisfied
that in making a decision under s.194(2)(ii) of the EPA, the
delegate is exercising her power in a way that best achieves the
object of the EPA – whether the legislative scheme of the EPA
is consistent with the applicant's proposed construction
– whether delegate's decision involved an error of
law.
Johnston
v Safaris CC [2016] QDC 302
CIVIL APPEAL – PRACTICE & PROCEDURE – appeal
pursuant to s.133 District Court of Queensland Act 1967
(Qld) – appeal from interlocutory decision regarding
amendment of statement of claim - scope of appeal - where new
ground and arguments exceed scope of application before the court
at first instance - where plaintiff amended statement of claim
– whether leave required to withdraw "admission" in
a statement of claim – whether a statement of claim is a
"pleading" caught by r.188 Uniform Civil Procedure
Rules 1999 (Qld) – whether defendant waived or estopped
from challenging a defective pleading by consent orders –
whether amendments should be disallowed for contravention of rules
– whether court ought strike out all or part of a pleading as
a prerequisite to allowing a party to amend a defective part
– whether leave to amend appropriate.
Annie
Street JV Pty Ltd v MCC Pty Ltd & Ors [2016] QSC
268
ADMINISTRATIVE LAW – DECLARATIONS – EXCESS OR WANT OF
JURISDICTION – PARTICULAR INSTANCES OF JURISDICTIONAL ERROR
– where the applicant and the first respondent were parties
to construction contract – where the first respondent served
a payment claim under the Building and Construction Industry
Payments Act 2004 (Qld) (the Act) – where the second
respondent made an adjudication decision under the Act –
where the second respondent determined, as part of the
adjudication, that the applicant was not entitled to set-off an
amount for liquidated damages – where the applicant alleges
that this part of the second respondent's decision is affected
by jurisdictional error – whether the second respondent's
decision that the applicant was not entitled to set-off an amount
for liquidated damages was without foundation and illogical, with a
deficient reasoning process – whether the second
respondent's decision that the applicant was not entitled to
set-off an amount for liquidated damages involved a failure to
provide reasons or adequate reasons in accordance with s.26(3)(b)
of the Act – whether the second respondent's decision
that the applicant was not entitled to set-off an amount for
liquidated damages involved a denial, to the applicants, of natural
justice.
ADMINISTRATIVE LAW – DECLARATIONS – EXCESS OR WANT OF
JURISDICTION – PARTICULAR INSTANCES OF JURISDICTIONAL ERROR
– where the applicant and the first respondent were parties
to construction contract – where the first respondent served
a payment claim under the Building and Construction Industry
Payments Act 2004 (Qld) (the Act) – where the applicant
served a payment schedule under the Act – where the payment
schedule did not raise contractual time limitations as a basis for
withholding payment – where the second respondent did not
consider contractual time limitations in the adjudication –
whether, in not considering contractual time limitations, the
second respondent committed jurisdictional error.
Legislation – Queensland
Subordinate legislation as made
No 215 Evidence (Corresponding Witness Identity Protection Certificates) Amendment Regulation 2016 - Evidence Act 1977 – 25 November 2016.
No 220 Public Records Amendment Regulation (No. 2) 2016 - Public Records Act 2002 – 02 December 2016.
Bills Updated in the last week
Serious and Organised Crime Legislation Amendment Bill
2016
Introduced on 13/09/2016. Stage reached: PASSED with amendment on
29/11/2016.
Heavy Vehicle National Law and Other Legislation Amendment Bill 2016 Introduced on 3/11/2016. Stage reached: PASSED with amendment on 1/12/2016.
Child Protection (Offender Reporting) and Other Legislation
Amendment Bill 2016
Introduced on 29/11/2016. Stage reached: Referred to Committee on
29/11/2016.
Criminal Law Amendment Bill 2016
Introduced on 30/11/2016. Stage reached: Referred to Committee on
30/11/2016.
Victims of Crime Assistance and Other Legislation Amendment
Bill 2016
Introduced on 1/12/2016. Stage reached: Referred to Committee on
1/12/2016.
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.