In the media
Coroner considers whether headlocks should be treated in
same way as one-punch strikes
A coronial inquest in central Queensland considers whether neck
compression or restraint that causes death should be treated in a
similar way to one-punch strikes to the head as it looks into the
death of Tracy Ann Beale, who died when her husband put her in a
headlock during an argument (16 March 2018).
More...
Re-appointment of National Children's
Commissioner
The government has announced the re-appointment of Ms Megan
Mitchell as the full-time National Children's Commissioner, for
two years beginning on 25 March 2018 (15 March 2018).
More...
In practice and courts
Law Council consults on Review of Australian
Solicitors' Conduct Rules
The Law Council is undertaking a review of the Australian
Solicitors' Conduct Rules. This is the first comprehensive
review of the Rules since they were first promulgated in June 2011.
The Law Council's Professional Ethics Committee has developed a
Consultation Discussion Paper for the Review and invites
comments and submissions on the issues raised and discussed. The
closing date for Submissions is 31 May 2018, which may be lodged here.
More...
ALRC Review of the Family Law System – Call for
submissions
The Australian Law Reform Commission (ALRC) has
released an Issues
Paper for its Review of the Family Law System, and is calling
for submissions from the public. The Issues Paper released today
provides discussion of issues identified in the Terms of Reference,
and asks questions about how they could be addressed.
The ALRC invites submissions in response to the 47 questions and
analysis in the Issues Paper, which is available on the ALRC
website at alrc.gov.au/publications.
Submissions are due to the ALRC by 7 May 2018.
Queensland
QLS: What to do if you become aware of claim
farming
Claim farming involves the unsolicited contacting of people about
an accident they may have been involved in. This practice breaches
advertising restrictions and can involve harassing and bullying
tactics. MAIC is investigating reports of claim farming and asks
that if you become aware of any situations in which you suspect
claim farming may be occurring, to please contact MAIC on 1300 302
568, via the website, https://maic.qld.gov.au (14
March 2018).
CCC: Fraud and Corruption Control: Best Practice
Guide
This Guide has been designed for use by practitioners responsible
for implementing or reviewing an organisation's fraud and
corruption internal controls. It consists of an introduction and an
integrated framework of 10 key elements important in developing an
effective fraud and corruption control program (09 March 2018).
More...
CCC: Review of the Terrorism (Preventative
Detention) Act 2005
The
Terrorism (Preventative Detention) Act 2005
(TPDA) is being reviewed to determine the need
for and effectiveness of this legislation. The TPDA (section 83A)
requires the Police Minister to review the need for and
effectiveness of the TPDA, and table a report in Parliament by 19
November 2018. In March 2017, the Minister gave his approval for
the review to be conducted by the Crime and Corruption Commission
(CCC). The CCC will provide a report to the
Minister in September 2018.
New Queensland Judgments website March
2018
The new,
free Queensland Judgments website has now been launched by the
Incorporated Council of Law Reporting for the State of Queensland
and the Supreme Court Library Queensland.
Published – articles, papers, reports
Restitution and Compensation Orders: issues and options
paper
Anusha Kenny, Megan Styles; Sentencing Advisory Council (Vic):
13 March 2018
This issues and options paper forms part of the review of
restitution and compensation orders in Victoria. More...
A crisis of trust: The rise of protest politics in
Australia
Danielle Wood, John Daley, Carmela Chivers; Grattan Institute:
12 March 2018
This report argues that if the major parties and politicians want
to rebuild trust with voters, they will need to change the way they
do politics: stop misusing their entitlements, strengthen political
donations laws, tighten regulation of lobbyists, and slow the
revolving door between political offices and lobbying positions. More...
Cases
Ogawa v Australian Information Commissioner [2018] FCA
266
ADMINISTRATIVE LAW – application for review of a decision
made under s41(1)(a) of the Privacy Act 1988 (Cth) not to
investigate an interference with the Applicant's privacy
– consideration of the application of National Privacy
Principles 1, 2, 3, 4 and 10.1 by the decision-maker –
consideration of whether the decision was reasonably open on the
evidence. Dismissed.
Acreman v Deputy Commissioner Brett Pointing [2018] QCAT
063
POLICE – DISCIPLINE AND DISMISSAL FOR MISCONDUCT –
QUEENSLAND – STAY OF PROCEEDINGS – OTHER MATTERS
– where police officer reprimanded and demoted from Inspector
to Senior Sergeant for accessing confidential information without
an official purpose – where information related to person who
made complaint for which police officer was being
investigated.
ADMINISTRATIVE LAW – ADMINISTRATIVE TRIBUNALS –
QUEENSLAND CIVIL AND ADMINISTRATIVE TRIBUNAL – where
application for stay of operation of decision – whether stay
desirable – where applicant may have arguable case on review
– whether balance of convenience favours stay – where
far greater significance is public aspect of staying orders in
disciplinary proceedings – where alleged misconduct serious
– where prejudice to public substantial – where
prejudice to public not mitigated – where individual
circumstances do not outweigh need to preserve public confidence in
integrity of Queensland Police Service and its disciplinary process
– where balance of convenience favours refusal of stay.
Crossman v Department of Transport and Main Roads [2018] QCAT
060
ADMINISTRATIVE LAW – ADMINISTRATIVE TRIBUNALS –
QUEENSLAND CIVIL AND ADMINISTRATIVE TRIBUNAL – where
application to review decision of department – where
respondent made application to strike out review application
– where no identified reviewable decision – where no
entitlement to internal review and consequently no entitled to
external review in the tribunal – where the tribunal does not
have jurisdiction – where the proceedings should not progress
further.
Trustee for the Estate of the late Darryl Anderson v Rose City
Kitchens (Human Rights) [2018] VCAT 338
Application to strike out – person subjected to alleged
discrimination died after the alleged discrimination occurred and
before an application was made – whether person's legal
personal representative can make an application on behalf of his
estate – whether application misconceived or lacking in
substance for lack of standing by the applicant. Equal
Opportunity Act 2010 – s122 and 123.
O'Sullivan v Australian Securities and Investments
Commission [2018] FCA 228
ADMINISTRATIVE LAW – appeal from Administrative Appeals
Tribunal – whether denial of procedural fairness –
where Tribunal failed to consider additional agreed statement of
facts and submissions.
ADMINISTRATIVE LAW – whether ASIC had power to disqualify
under s206F of the Corporations Act 2001 (Cth) –
whether ASIC delegate knew s533 report was incorrect –
whether correctness of s533 reports is a jurisdictional fact to
enliven ASIC's power under s206F – whether Tribunal had
jurisdiction to review decision – whether Federal Court may
make findings of fact on appeal from Tribunal - Administrative
Appeals Tribunal Act 1975 (Cth) ss43(1), 44(7).
'OG' and Australian Securities and Investments Commission
(Freedom of information) [2018] AICmr 31
Freedom of Information — Whether disclosure would disclose
the existence or identity of a confidential source of information
— Whether disclosure would prejudice lawful investigative
methods or procedures — Whether documents subject to legal
professional privilege — Whether documents contain
deliberative matter prepared for a deliberative purpose —
Whether disclosure would unreasonably affect an organisation in
respect of its lawful business affairs — Whether contrary to
the public interest to release conditionally exempt documents
— (CTH) Freedom of Information Act 1982 ss11A(5),
37(1)(b), 37(2)(b), 42, 47C and 47G.
'OE' and Australian Taxation Office (Freedom of
information) [2018] AICmr 29
Freedom of Information — Form of access — Whether
reasonable steps taken to locate documents — Whether
disclosure of personal information is unreasonable — Whether
contrary to public interest to release conditionally exempt
documents — (CTH) Freedom of Information Act 1982
ss11A(5), 20, 24A and 47F.
Jon Patty and Attorney-General's Department (Freedom of
information) [2018] AICmr 28
Freedom of Information — Charges — Request for waiver
of charge – Whether giving access to documents is in the
general public interest or in the interest of a substantial section
of the public — (CTH) Freedom of Information Act
1982 ss29, 55D.
Paul Farrell and Department of Home Affairs [2018] AICmr
27
Freedom of Information — Information as to the existence of
certain documents — Documents affecting enforcement of law
— (Cth) Freedom of Information Act 1982 ss25, 37(1)
and 55D.
'OC' and Australian Building and Construction
Commission (Freedom of information) [2018] AICmr
26
Freedom of Information — Whether documents subject to legal
professional privilege — Whether disclosure would have a
substantial adverse effect on the management or assessment of
personnel — Whether disclosure of personal information
unreasonable — Whether contrary to the public interest to
release conditionally exempt documents — (CTH) Freedom of
Information Act 1982 ss11A(5), 42, 47E(c) and 47F.
'OB' and Australian Building and Construction Commission (Freedom of information) [2018] AICmr 25 Freedom of Information — Whether documents subject to legal professional privilege — Whether disclosure would have a substantial adverse effect on the management or assessment of personnel — Whether contrary to the public interest to release conditionally exempt documents — (CTH) Freedom of Information Act 1982 ss11A(5), 42 and 47E(c).
Longley v Chief Executive, Department of Environment and
Heritage Protection & Anor; Longley & Ors v Chief
Executive, Department of Environment and Heritage Protection
[2018] QCA 032
CONSTITUTIONAL LAW – OPERATION AND EFFECT OF THE COMMONWEALTH
CONSTITUTION – INCONSISTENCY OF LAWS (CONSTITUTION, s109)
– GENERALLY – LEGISLATIVE STATEMENT OF EFFECT OF
INCONSISTENCY – where the appellants submit that the
company's liability to comply with an environmental protection
order arising under the Environmental Protection Act 1994
(Qld) were terminated by a disclaimer under s568 of the
Corporations Act 2001 (Cth) – where any
inconsistency between the operation of the relevant sections of the
Corporations Act 2001 (Cth) and the Environmental
Protection Act 1994 (Qld) would be resolved in favour of the
relevant sections of the Corporations Act 2001 (Cth) by
s109 of the Constitution – whether s5G of the
Corporations Act 2001 (Cth) operates to avoid any
inconsistency between the operation of the relevant sections of the
Corporations Act 2001 (Cth) and the Environmental
Protection Act 1994 (Qld).
CORPORATIONS – WINDING UP – CONDUCT AND INCIDENTS OF
WINDING UP – APPLICATIONS TO COURT FOR DIRECTIONS OR ADVICE
– where the appellant liquidators applied to the court for
directions pursuant to s511 of the Corporations Act 2001
(Cth) – whether the appellant liquidators should be directed
that they are justified in not causing the company to comply with
an environmental protection order – whether the first
respondent's costs of the proceeding before the primary judge
should be treated as costs in the liquidation of the company.
Legislation
Commonwealth
Defence Force Discipline Regulations 2018
16/03/2018 - This instrument repeals and replaces the Defence
Force Discipline Regulations 1985.
Privacy
(Australian Honours System) Temporary Public Interest Determination
2018
15/03/2018 - This determination applies to the disclosure of
certain information by the Department of Home Affairs to OOSGG and
PM&C for the purpose of verifying the Australian citizenship or
permanent residency status of individuals who are the subject of:
a. nominations for membership or honorary membership of the Order
of Australia; b. applications for approval for the acceptance and
wearing of foreign awards; and c. consideration for other awards in
the Australian honours system.
Sex
Discrimination Regulations 2018
14/03/2018 - These regulations remake the 1984 Regulations to
continue to prescribe classes of care or services which are
'Commonwealth-funded aged care' for the purposes of the
Sex Discrimination Act 1984.
Queensland
Bills
Births, Deaths and Marriages Registration Amendment Bill 2018 – 07 March 2018.
Local Government Electoral (Implementing Stage 1 of Belcarra) and Other Legislation Amendment Bill 2018 – 06 March 2018.
The following bills were passed by the Legislative Assembly on 6-8 March 2018
Police and Other Legislation (Identity and Biometric Capability)
Amendment Bill 2018
The Bill was originally introduced into the Legislative Assembly on
15 February 2018. A synopsis of the objectives of the Bill was
published in Legislation Update No. 6 of 2018 on 21
February 2018. No amendments were made to the Bill during its
passage through the Legislative Assembly.
Subordinate legislation as made
No 25: Civil Partnerships and Other Legislation Amendment Regulation 2018 – 16 March 2018 Amendment of s25 (Information to be contained in death extract); Amendment of sch 1 (Application information); Amendment of sch 2 (Information for certificates).
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.