Media
Unqualified 'advisor' loses appeal of ban
A Gladstone law graduate who was banned from practising
law after moonlighting as a lawyer has failed in his appeal to have
the ban overturned. His activities included advising on court
processes and procedures; helping to create affidavits and other
documents; helping prepare cases for litigation; and drafting
correspondence (22 September 2023). Read more
here.
Former senior public servant to head Covid-19
inquiry
Retired public servant Robyn Kruk has been appointed to an
independent panel inquiring into state and federal responses to the
Covid-19 Pandemic. The 12-month inquiry will examine a range of
factors, including vaccination and PPE preparedness, public health
messaging, financial support for individuals and businesses, and
support for people during lockdowns domestically and overseas (21
September 2023). Read more
here.
Qld to consider Victorian-style Airbnb levy as it weighs
up housing options
Queensland will consider Victoria's state-wide levy on
short-stay accommodation providers, such as Airbnb and Stayz, as it
mulls its next move in regulating the sector. It comes after the
Brisbane City Council lifted rates for some short-term rental
properties in July last year (20 September 2023). Read more
here.
Queensland Government updates justice legislation,
removing prohibition on naming alleged sex offenders
Laws allowing the public naming of people charged with
certain sexual offences in Queensland have been passed in State
Parliament. The reforms, contained in the Justice and Other
Legislation Amendment Bill 2023, were among other legislative
amendments to modernise and strengthen Queensland's laws
relating to the operation of courts and tribunals, and the justice
system (13 September 2023). Read more here.
Key property reforms tackle sunset clauses, smoking and
pets in units
The Body Corporate and Community Management and Other
Legislation Amendment Bill 2023 was recently introduced in the
Queensland Parliament. The Bill limits when property developers can
invoke a 'sunset clause' to terminate 'off the
plan' contracts for land to specific situations. (24 August
2023). Read more here.
Publications
Guidelines for Complying with the Positive Duty under
the Sex Discrimination Act 1984 (Cth)
The Australian Human Rights Commission has published a
guideline designed to educate organisations and businesses about
the relevant unlawful conduct covered by the positive duty now
imposed on employers. This comes in accordance with the suite of
reforms enacted by the Anti-Discrimination and Human
Rights Legislation Amendment (Respect at Work) Act 2022
(Cth). Read the guidelines
here.
Unemployment rate rises to 3.7 per cent in July
The unemployment rate remained at 3.7 per cent in August
according to data released recently by the Australian Bureau of
Statistics. Monthly hours worked fell 0.5 per cent in August 2023
(following the increase of 0.2 per cent in July), while employment
rose by 0.5 per cent. Details
here.
Gas supply outlook for first quarter 2024 shows likely
surplus
Australia's east coast gas market should have a 1.4
petajoule surplus in the first quarter of 2024, even if the LNG
producers export all their uncontracted gas, the ACCC's
September 2023 interim gas inquiry report shows. Read the
Regulator's report on the on the supply-demand outlook of
natural gas in Australia
here.
The Bureau declares El Nino and positive Indian Ocean
Dipole events
The Bureau of Meteorology recently declared that El
Niño and a positive Indian Ocean Dipole are underway. Warmer
and drier conditions will be more likely over spring and summer for
parts of Australia, under the influence of these two climate
drivers. Read more
here.
Practice
Administrative Appeals Tribunal Bulletin Issue No.
18/2023
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.
New QLS President named
Rebecca Fogerty, an Accredited Specialist in Criminal Law,
will be Queensland Law Society President in 2024 after nominations
closed on 21 September 2023. In accordance with rule 33(1)(a) of
the Legal Profession (Society) Rules 2007, Rebecca, who
was elected Vice President in July 2022, will take up the role on 1
January. Read more
here.
QCAT Practice Direction No. 2 of 2023
The practice direction in relation to Applications for
review of decisions made about animals, which came into effect from
28 August 2023, contains information that will assist parties in
understanding the process and provide directions to parties about
some of the things they must do. This practice direction supersedes
practice direction 8 of 2022. Read more
here.
Practice Direction No. 3 of 2023
This Practice Direction applies to summary proceedings
under the Justices Act 1886 for a domestic violence offence. A
summary proceeding for a domestic violence offence is defined in
schedule 3 of the Evidence Act 1977. Read more
here.
Cases
Coughlan v
Queensland Police Service [2023] QCATA 112
ADMINISTRATIVE LAW – FREEDOM OF INFORMATION – RIGHT OF
ACCESS – GROUNDS FOR REFUSAL – where the applicant was
concerned that two police officers misused his personal information
in a police database – where he sought information on
accesses to his personal information in the database under
Information Privacy Act 2009 (Qld) (IP Act) – where the
respondent and, on external review, the Office of the Information
Commissioner (OIC), refused disclosure
Crime and
Corruption Commission v Carne [2023] HCA 28
State Parliament – parliamentary privilege – where
Crime and Corruption Commission ("Commission") conducted
investigation in response to complaint alleging corrupt conduct and
maladministration by Public Trustee of Queensland – where
Commission then composed Report on allegations and investigation
– where Commission sought to use Parliamentary Crime and
Corruption Committee ("Committee") to make Report
public
Edser v QSuper
Board [2023] FCA 1120
ADMINISTRATIVE LAW – appeal from determination of the
Australian Financial Complaints Authority (Authority) –
Whether Authority erred in its interpretation of the clear
causation test – whether Authority made a legally
unreasonable, irrational or illogical finding, or a critical
finding of fact for which there was no evidential support –
whether Authority was required to resolve ambiguities in medical
report – whether Authority erred in its determination of the
clear causation
Sea Swift Pty Ltd
v Torres Strait Island Regional Council [2023] QSC
203
ADMINISTRATIVE LAW – JUDICIAL REVIEW – GROUNDS OF
REVIEW – GENERALLY – where the applicant is a shipping
company that operates in the area governed by the respondent
– where the respondent implemented a regime of Maritime Fees
for use of its landing facilities – where the
respondent's CEO decided to issue to the applicant 253 Default
Maritime Fee ("DMF") invoices for the period from April
2015 to June 2018 for alleged underreporting of its use of
facilities
Qantas Airways
Limited v Transport Workers Union of Australia [2023] HCA
27
Industrial law (Cth) – prohibition of taking adverse action
against person to prevent exercise of workplace right –
Workplace right – where s 340(1)(b) of Fair Work Act 2009
(Cth) provided that person must not take adverse action against
another person to prevent exercise of workplace right – where
Qantas Airways Ltd made decision to outsource ground handling
operations – where outsourcing decision was adverse action in
respect of affected employees
Legislation
Bills introduced
Emblems of Queensland and Other Legislation Amendment Bill
2023
Local Government (Councillor Conduct) and Other Legislation
Amendment Bill 2023
Bills passed without amendment
Health Practitioner Regulation National Law (Surgeons) Amendment
Bill 2023
Bills amended during passage
Justice and Other Legislation Amendment Bill 2023
Water Legislation Amendment Bill 2023
Proclamations commencing Acts made
Proclamation No. 1 – Domestic and Family Violence Protection
(Combating Coercive Control) and Other Legislation Amendment Act
2023 (commencing remaining provisions)
Subordinate legislation notified
Criminal Practice Amendment Rule (No. 2) 2023
Local Government (Fraser Coast Regional Council – Suspension
of Councillor) Amendment Regulation 2023
Local Government (Gold Coast City Council – Suspension of
Councillor) Amendment Regulation 2023
Mutual Recognition (Queensland) (Tasmanian Container Deposit
Scheme) Amendment Regulation 2023
State Penalties Enforcement and Other Legislation Amendment
Regulation 2023
Trans-Tasman Mutual Recognition (Queensland) (NT and Tasmanian
Container Deposit Schemes) Notice 2023
Subordinate legislation tabled
Animal Care and Protection Regulation 2023
Biosecurity (Polyphagous Shot-hole Borer) Amendment Regulation
2023
Civil Partnerships Regulation 2023
Criminal Proceeds Confiscation Regulation 2023
Disability Services Amendment Regulation 2023
Economic Development (Vegetation Management) By-law 2023
Economic Development Regulation 2023
Forestry (State Forests) and Other Legislation Amendment Regulation
(No. 2) 2023
Governors (Salary and Pensions) Regulation 2023
Local Government (Fraser Coast Regional Council – Suspension
of Councillor) Amendment Regulation 2023
Major Events (Motor Racing Events) (Gold Coast 500) Amendment
Regulation 2023
Mineral Resources Amendment Regulation 2023
Parliamentary Service By-law 2023
Planning (Queensland Rural Workers' Accommodation Initiative)
Amendment Regulation 2023
Public Sector Ethics Regulation 2023
Public Trustee Regulation 2023
Queensland Civil and Administrative Tribunal Amendment Regulation
2023
Rural and Regional Adjustment (Climate Smart Energy Saver Scheme)
Amendment Regulation 2023
State Penalties Enforcement and Other Legislation Amendment
Regulation 2023
Statutory Instruments (Exemptions from Expiry) Amendment Regulation
2023
Transport Infrastructure (Public Marine Facilities) Regulation
2023
Transport Operations (Passenger Transport) and Other Legislation
Amendment Regulation 2023
Waste Reduction and Recycling Regulation 2023
Work Health and Safety (Codes of Practice) (Amusement Devices and
Concrete Pumping) Amendment Notice 2023
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.