In the media
Australian unions reject 'unacceptable' proposal
allowing employers access to staff vaccination data
An industry proposal to allow employers to access
vaccination data on their staff has been rejected as
"unacceptable" by the Australian Council of Trade Unions.
The federal government currently indemnifies GPs and other
commonwealth providers of the vaccine but no indemnity exists for
any employers (02 July 2021).
More...
ACMA: Channel Nine breaches political advertising
rules
Swan Television & Radio Broadcasters Pty Limited has
breached the rules for broadcasting political advertising (01 July
2021).
More...
PM&C issues Guide to help regulators
The Department of Prime Minister and Cabinet
(PM&C) has announced the launch of a Guide to
help lift the performance, capability and culture of Commonwealth
regulators. The Regulator Performance Guide was effective from 1
July but has a transition period of one year (01 July 2021).
More...
ICIC endorses OAIC resolution on proactive
publication
The International Conference of Information Commissioners
(ICIC) has endorsed a resolution put forward by
the Office of the Australian Information Commissioner to support
the proactive publication of information relating to the COVID-19
pandemic (30 June 2021).
More...
Report says CCC too full of lawyers, 'goes against
Fitzgerald report'
In another recommendation, committee said consideration
should be given to allowing surveillance devices to be covertly
placed in lawyers' homes and cars (30 June 2021).
More...
ACMA requests internet service providers to block more
illegal gambling websites
The ACMA has requested that Australian internet service
providers block more illegal offshore gambling websites (30 June
2021).
More...
ICAC shines light on PS and lobbyists
The Independent Commission Against Corruption
(ICAC) has called for new laws to manage lobbying
in the State Government, in particular making it illegal for
lobbyists to communicate with Government officials in secret (29
June 2021).
More...
Former High Court Judge appointed as Special
Investigator
The Andrews Labor Government is continuing to deliver on
the recommendations of the Royal Commission into the Management of
Police Informants with the appointment of a Special Investigator
(30 June 2021).
More...
New procurement council to set PS standards
The Australasian Procurement and Construction Council
(APCC) has launched a campaign to professionalise
public sector procurement. The Chair of the APCC, said the
Council's Public Sector Procurement Profession Role Statement
and Procurement Capability Framework aimed to establish baseline
procurement proficiencies in every public sector jurisdiction (29
June 2021).
More...
No quarter given to unlawful charities
Australian charities that engage in or use their resources
to actively promote unlawful behaviour are to face enforcement
action following legislation changes. The new regulations would
empower the Commissioner of the ACNC to investigate charities
engaging in or promoting serious unlawful acts of trespass,
vandalism, theft or assault and threatening behaviour (28 June
2021).
More...
LCA: Time for consultation on Respect @ Work
The introduction of the Sex Discrimination and Fair Work
(Respect at Work) Amendment Bill 2021 into Parliament, is a
positive step forward towards the reconsideration of federal
discrimination laws. The Law Council is pleased that this Bill is
being referred to committee for a thorough consultation with key
experts (25 June 2021).
More...
Australian Lawyers Alliance: Misuse of COVID-19 tracing
data must be punishable with sanctions and liability
Heavy penalties are needed for leaders in police, law
enforcement and security agencies when they facilitate, or turn a
blind eye to, the unlawful gathering and use of COVID-19 tracing
data. In occupational health and safety laws there is direct
liability for leaders of organisations and this should be the same
in cases involving breaches of privacy (25 June 2021).
More...
Australian company raises the bar for digital data
management
The Digital Transformation Agency will modernise and
streamline their services following the purchase of the software
Records365 from Australian company RecordPoint. The parliament and
the public should have confidence that data is kept and managed
appropriately through procurement of this software which will
provide greater transparency and accountability (25 June 2021).
More...
Government introduces legislation to prevent and address
sexual harassment in Australian workplaces
The Morrison Government is strengthening national laws to
better prevent and respond to sexual harassment and discrimination
in Australian workplaces (24 June 2021).
More...
Government's legislative agenda continues to deliver
for all Australians
The Morrison Government has passed important legislation
through the Parliament this sitting fortnight that will support
Australians impacted by the COVID-19 pandemic, create more jobs,
keep Australians safe, back our farmers, improve our superannuation
system and reduce red tape (24 June 2021).
More...
ACMA: Significant milestone for Australia's first
national gambling self-exclusion register
Australia's first national self-exclusion register for
online and phone gambling has taken a major step forward (23 June
2021).
More...
Coalition urged to keep election promise to set up
national integrity commission
Almost 60 Australian judges, lawyers and prominent experts
have urged the Coalition to keep a key election promise by setting
up a strong, effective national anti-corruption commission. When an
exposure draft for its proposed Commonwealth Integrity Commission
was finally released, experts roundly criticised it as weak and
ineffective (22 June 2021).
More...
Investing in community supervision and safety
Offenders in the community will be under increased
supervision and have greater access to rehabilitation programs
following a $33 million investment in reducing reoffending and
building safer communities (22 June 2021).
More...
In practice and courts
Proposed amendments to the Legal Profession Uniform
Conduct (Barristers) Rules 2015 - 24 June 2021
The Australian Bar Association invites comments and
submissions on a proposal to amend Rules 123 and 125 of the Legal
Profession Uniform Conduct (Barristers) Rules Submissions shold be
sent to the Australian Bar Association on or before 2 August 2021.
More...
Gazette Registration - Annual Federal Courts and
Tribunals Fee Increases from 1 July 2021
The fees payable in the federal courts and tribunals will
increase from 1 July 2021 to reflect changes to the consumer price
index over the past financial year. This is an automatic increase
provided by the relevant fee regulations. Find the notice published
in the Government
Notices Gazette on 17 June 2021 setting out the new fees
payable.
Commonwealth Parliamentary Review now open for
submissions and interviews: Sex Discrimination
The AHRC is inviting contributions for its Independent Review into
Commonwealth Parliamentary Workplaces, accepting written
contributions from groups covered by the Review's
Terms of Reference. The Review aim is to ensure all
Commonwealth Parliamentary workplaces are safe and respectful and
that our national Parliament reflects best practice. Make a written
submission here.
Submissions on the Consultation Paper close on 9 July. View the
Consultation Paper
here.
Attorney General Consultations
National Register of Enduring Powers of Attorney
Closed 30 June 2021
Attorneys-General from each Australian jurisdiction have agreed to
consult on possible arrangements for a National Register of
Enduring Powers of Attorney. We have prepared a consultation paper
to seek your views
here.
ACMA Consultations
Proposal to remake the anti-terrorism standards -
consultation 22/2021
The anti-terrorism standards for narrowcast television
services are due to sunset on 1 October 2021. We are seeking your
views on remaking the standards in a single instrument with only
minor changes. Closing date 21 July 2021.
More...
Law Council update
The Law Council produces a fortnightly newsletter which
highlights the Law Council's important activities and advocacy,
along with any relevant media and events stakeholders would be
interested in. More...
High Court Bulletin
High Court of Australia Bulletin [2021] HCAB 05 (25 June
2021).
More...
Law Council of Australia Submissions
22 June 2021— Law Council
Supplementary submission: Counter-Terrorism Legislation Amendment
(High Risk Terrorist Offenders) Bill 2020
22 June 2021— Law Council
Supplementary submission: Review of the National Emergency
Declaration Act 2020 (Cth)
AAT: Changes to our application fees on 1 July
2021
Application fees in the Administrative Appeals Tribunal
will increase on 1 July 2021 (28 June 2021).
More...
AAT Bulletin
The AAT Bulletin is a weekly publication containing a list
of recent AAT decisions and information relating to appeals against
AAT decisions.
More....
OAIC: Our FOI disclosure log
The information described in our disclosure log has been
released by the OAIC under the Freedom of Information Act 1982 (FOI
Act): Updated May 2021.
More...
ALRC Judicial Impartiality Consultation Paper 2021
The Inquiry would look at judges in the High Court,
Federal Court, Family Court and Federal Circuit Court. Submissions
are open until 30 June. The ALRC was expected to deliver is report
to the Attorney-General by 30 September. The Paper can be accessed
here.
Legal and Constitutional Affairs Legislation
Committee
Family
Law Amendment (Federal Family Violence Orders) Bill 2021
[Provisions]
On 13 May 2021, the Senate referred the provisions of the Family
Law Amendment (Federal Family Violence Orders) Bill 2021 to the
Legal and Constitutional Affairs Legislation Committee for inquiry
and report by 29 July 2021.
Constitution Alteration (Freedom of Expression and Freedom of the
Press) 2019
Status: Accepting Submissions Date Referred: 17 June 2021
Submissions Close: 20 August 2021
Reporting Date: 31 December 2021
Courts and Tribunals Legislation Amendment (2021 Measures No. 1)
Bill 2021
Status: Accepting Submissions Date Referred: 24 June 2021
Submissions Close: 15 July 2021
Reporting Date: 13 August 2021
Select Committee on Foreign Interference through Social
Media
Foreign
Interference through Social Media
Select Committee on Foreign Interference through Social Media to
inquire into and report on the risk posed to Australia's
democracy by foreign interference through social media. The
committee is to present its final report on or before the second
sitting day of May 2022 The closing date for submissions is 31
October 2021.
Queensland
Court Fee increases from July 2021
Penalty unit value to increase from 1 July
Court fees increase from 1 July
The Chief Justice of the Supreme Court: Practice
Directions
Protected counselling communication
Supreme Court Practice Direction 15 of 2021 on 'protected
counselling communication'. applies
"where it is likely protected counselling communications as
defined in section 14A of the Evidence Act 1977 will be
contained in documents intended to be obtained by subpoena ... and
where a party seeks to disclose, inspect or copy, produce, adduce
evidence or use protected counselling communications..." (25
June 2021). The released
amended Practice Direction 8 of 2014, covers
the use photography and electronic devices in courtrooms and court
buildings. The practice direction includes
information on use of the courts' Wi-Fi, and also accreditation
of media for all courts, among other things (23 June 2021).
QAO: Leases: Year two guidance
Published: 1 July 2021
The standard AASB 16 Leases is now in its second year of operation
for public sector entities. In this article, we cover a brief
update on some specific accounting issues that you may not have
dealt with on transition. More...
Department of Justice and Attorney-General - Recording
& Transcription Services
The Department of Justice and Attorney-General is moving
to a new way of delivering recording and transcription services
across Queensland Courts and Tribunals. For information on the
changes, due to be implemented by the end of 2021, please refer to
the attached
(June 2021).
OIC Qld: Increase in RTI fee and charges from 1 July
2021
In line with the Justice Legislation (Fees, Allowances and
Other Amounts) Amendment Regulation 2021, published 30 June 2021,
the Right to Information Act 2009's application fee and
processing charges increased on 1 July 2021. The application fee is
increasing to $52.60. Please see the
Charging for Applications received before 1 July 2021 guideline
for more information.
OIC Qld: Collection of COVID-19 vaccination status
Queensland government agencies are required to comply with
the privacy principles in the Information Privacy Act 2009 (Qld)
when collecting and managing personal information.. To assist
agencies in meeting their privacy obligations, and public sector
employees in understanding their privacy rights, we have published
guidance on the collection of COVID-19 vaccination status
information (02 July 2021).
More...
The role of governance committees in managing cyber
security risks
QAO Advice: 16 June 2021
As cyber attacks continue, cyber risk has become one of the top
enterprise-wide risks facing entities.
More...
Department of Justice and Attorney-General
Consultation
Considering shield laws for Queensland
Open until 13 July 2021. Have your say on possible
new laws to protect the confidentiality of journalists' sources
('shield laws').
Reminder: Commission into Institutional Responses to
Child Sexual Abuse
The scheme aims to overcome communication barriers and
create a more accessible justice system by providing intermediaries
to assist witnesses with communication needs to give their best
evidence. The scheme will commence in Brisbane and Cairns in July
2021 and will operate as a
two-year pilot program.
LAQ updates guidance on cross-examination scheme
Legal Aid Queensland (LAQ) has updated
its guidance on the scheme for a lawyer to conduct
cross-examination where there is a ban on personal
cross-examination pursuant to s102NA of the Family Law Act 1975
(Cth)(07 June 2021).
More...
Department of the Premier and Cabinet Consultation
Annual report 2019-20 feedback survey
By taking a minute to complete this survey, you will help
us improve our annual reports so readers can use them more
effectively. Open until 30 June 2021.
More...
Published - articles, papers, reports
CDPP Publications 2021
Costs.
More...
PGPA Newsletter - 01 July 2021
Executive Remuneration Reporting - RMG 138 and 139,
Technical accounting policy and guidance update – RMG 111,
113 and 122, Digital Annual Reporting Tool, New Regulator
Performance Guide, Comcover Risk Education, Your Future, Your Super
changes are coming.
More...
Australian Bureau of Statistics
24 June 2021
Media release - Family and domestic violence sexual assault up
13%
Recorded Crime - Victims, 2020
23 June 2021
Decrease in federal defendants finalised in court
Federal Defendants, Australia
Report to the Minister for Home Affairs on agencies'
compliance with the Surveillance Devices Act 2004, for the period 1
July to 31 December 2020
Commonwealth Ombudsman: Commonwealth Ombudsman
Surveillance Devices Six-Monthly Report March 2021: 23 June 2021.
More...
Implementation of Recommendations — Update
ANAO Audit Insights: 30 June 2021
This edition of audit insights considers the approaches entities
are taking to implement parliamentary and ANAO recommendations to
improve public administration practices and outcomes. It updates
the edition published in November 2019 and draws on audit reports
released since then.
More...
Security Works at Parliament House
ANAO Report No 49: 29 June 2021
The objective of the audit was to examine the effectiveness of
planning and delivery of the security upgrade capital works program
at Parliament House by the Department of Parliamentary Services.
More...
Effectiveness of Planning and Implementation of Reform
by the Australian Skills Quality Authority
ANAO Report No 48: 20 June 2021
The audit objective was to examine the effectiveness of the
Australian Skills Quality Authority's planning and
implementation of reform to the regulation of the vocational
education and training sector.
More...
IBAC Insights Issue 28, June 2021
The June 2021 issue of IBAC Insights includes a message
from our Commissioner and features an update on IBAC's new
corruption prevention strategy, investigations news, research and
special reports, resources, webinars and more.
More...
Special report on corrections focuses on four finalised
investigations
IBAC: 22 June 2021
Operations Rous, Caparra, Nisidia and Molara - The report finds
that Victoria's prison system faces ongoing corruption risks
and recommends ways the corrections sector can strengthen its
policies, systems and practices to prevent wrongdoing. It also
highlights the pressing need to address problematic workplace
cultures.
More...
Cases
Mosaic Brands Ltd v Australian Communications and Media
Authority [2021] FCA
669
ADMINISTRATIVE LAW – validity of notice issued under
s 522 of the Telecommunications Act 1997 (Cth) to provide certain
information and produce specified documents – whether there
was an implied condition that the notice disclose that the
Authority was entitled to require the recipient to furnish the
specified information and documents – whether notice complied
with implied condition. Administrative Decisions (Judicial Review)
Act 1977 (Cth) s 5
Yoong v The Chief Executive of Medicare
[2021] FCA 701
ADMINISTRATIVE LAW – Health Insurance Act 1973 (Cth)
– application for judicial review of exercise of power by
Chief Executive's delegate under s 86(1) and by Director under
s 88A(2) – whether decisions reviewable under Administrative
Decisions Judicial Review Act 1977 (Cth) s 5 and Judiciary Act 1903
(Cth) s 39B – whether certiorari available – whether
procedural fairness requirement applied to exercises of power
– whether delegate failed to provide procedural fairness
– materiality of failure – whether decision-makers
failed to take account of mandatory relevant considerations –
whether decision-makers took account of irrelevant considerations
– whether exercise of power legally unreasonable –
grounds of application dismissed – applicant to pay
costs
Administrative Decisions (Judicial Review) Act 1977 (Cth) ss 3, 5
and 6.
Matson v Australian Information Commissioner (No
2) [2021] FCA 690
PRACTICE AND PROCEDURE – application for extension
of time to file originating application for judicial review –
Freedom of Information Act 1982 (Cth) – whether the applicant
showed an acceptable explanation for the delay in filing the
substantive application – where applicant held on remand in
custody in correctional facility – where delay resulting in
part from systemic effect of COVID-19 – where applicant
informed of "review rights" by decision maker –
whether the respondent would suffer prejudice as a result of the
grant of an extension of time to file the substantive application
– whether the substantive application had reasonable
prospects of success – absence of particularisation.
Administrative Decisions (Judicial Review) Act 1977 (Cth); Freedom
of Information Act 1982 (Cth) ss 3, 9A, 24A, 54W, 93A.
King Educational Service Pty Ltd v Chief Executive
Officer of the Australian Skills Quality Authority (No
3) [2021] FCA 692
STATUTORY INTERPRETATION – appeal from a decision of
the Administrative Appeals Tribunal which affirmed a decision of
the Australian Skills Quality Authority to refuse to renew the
applicant's registration under the Education Services for
Overseas Students Act 2000 (Cth) (ESOS Act)
– where power to renew registration under s 10E(1) of the Act
required the decision-maker's satisfaction that the applicant
"is complying, or will comply" with statutory
requirements under s 11(b) of the Act – where the Tribunal
refused to renew the applicant's registration following a
conclusion that it was not satisfied that the applicant "will
comply" – whether the Tribunal, by asking whether the
applicant "will comply" instead of "is
complying", asked the wrong question and thereby erred –
whether the phrase "is complying, or will comply" is to
be construed conjunctively, disjunctively, or otherwise – in
the context of the ESOS Act, phrase to be construed "is
complying, or will comply" as appropriate – the Tribunal
did not ask the wrong question and so did not err.
ADMINISTRATIVE LAW – whether the Tribunal erred in failing to
consider the applicant's submission as to the possible
imposition of a condition under s 10B of the ESOS Act upon renewal
of registration – whether the Tribunal acted unreasonably in
failing to consider the imposition of conditions under the ESOS Act
analogous to those imposed on the applicant under the National
Vocational Education and Training Regulator Act 2011 (Cth) –
the Tribunal did consider the applicant's submission – in
the circumstances the Tribunal was not required to consider the
imposition of analogous conditions – the Tribunal did not err
and did not act unreasonably.
Acts Interpretation Act 1901 (Cth) ss 2(2), 15AA, 15AC, 15AC(b) and
33(2A)
Administrative Appeals Tribunal Act 1975 (Cth) ss 2A, 39(1), 43(1),
43(2) and (2B), 44 and 44(1).
Karen Hutchinson and Comcare (Freedom of
information) [2021] AICmr
25
Freedom of Information — whether documents subject
to legal professional privilege – (CTH) Freedom of
Information Act 1982 s 42 Comcare identified one document within
scope of the request and refused the applicant access to the
document in full. In making its decision, Comcare relied on the
legal professional privilege exemption (s 42) of the FOI Act. The
document that Comcare found to be exempt under s 42 of the FOI Act
is protected by legal professional privilege which has not been
waived and is therefore exempt.
Karen Hutchinson and Comcare (Freedom of
information) [2021] AICmr
24
Freedom of Information — whether documents subject
to legal professional privilege – (CTH) Freedom of
Information Act 1982 s 42 Comcare must now provide the applicant
with a copy of the document within 28 days of this decision.
'XG' and Services Australia (Freedom of
information) [2021] AICmr
22
Freedom of Information — whether disclosure of
personal information unreasonable — whether contrary to the
public interest to release conditionally exempt documents —
(CTH) Freedom of Information Act 1982, ss 11A(5), 26(2) and
47F.
TX Australia Limited v Australian Competition and Consumer
Commission [2021] FCAFC
113
COMMUNICATIONS LAW – administrative law –
dispute between owner and operator of transmission infrastructure
and a licensed broadcaster access seeker – access sought by
third party on behalf of access seeker – where third party is
an owner and operator of different transmission infrastructure
– whether third party acting as agent for the access seeker
– whether there was a failure to agree on terms and
conditions of access – whether Australian Competition and
Consumer Commission had jurisdiction to arbitrate dispute
STATUTORY INTERPRETATION – whether cl 47 of Pt 5 of Sch 4 to
the Broadcasting Services Act 1992 (Cth) excludes the law of agency
– whether competitors are permitted to act as agents for an
access seeker in seeking to negotiate terms and conditions of
access to transmission infrastructure.
Paracella Pty Ltd ATF The Kelvin Flintoff Family Trust
and Comptroller-General of Customs [2021]
AATA 1988
CUSTOMS – decision to reject the Applicant's
application for a refund of duty paid in respect of steel pallet
racking – whether steel pallet racking constitutes 'like
goods' for the purposes of the Act – statutory
interpretation of 'dimensions that can be adjusted as
required' – Project Blue Sky principles and s 15AA Acts
Interpretation Act 1901 (Cth) applied – pallet racking in
question falls within the scope of Australian Standard 4084-2012
– reviewable decision affirmed Administrative Appeals
Tribunal Act 1975 – s 37(1)(a).
Adani
Mining Pty Ltd & anor v Pennings [2021]
QSC 162
PROCEDURE – CIVIL PROCEEDINGS IN STATE AND TERRITORY
COURTS – DISCOVERY AND INTERROGATORIES – DISCOVERY AND
INSPECTION OF DOCUMENTS – DISCOVERY OF DOCUMENTS –
UNDERTAKINGS AND USE OF DOCUMENTS – GENERALLY – where
the plaintiffs apply for a confidentiality regime to be imposed in
relation to disclosure of material said to be confidential –
where the plaintiffs apply for limitations on the amount of
disclosure and the particulars required to be provided –
where the plaintiffs claim that the defendant has sought to obtain
confidential information for the purposes of frustrating the
development of a mine and rail network – where the plaintiff
claims the information has the necessary quality of confidence and
was received by the defendant in breach of an obligation of
confidence – whether there are exceptional circumstances
justifying additional protection to an implied obligation of
confidentiality – where any regime imposed must strike a fair
balance between the competing interests of the parties –
whether disclosure should be limited
Uniform Civil Procedure Rules 1999 Qld r 161(2), r 224.
Cement
Australia (Exploration) Pty Ltd & Anor v East End Mine Action
Group Inc & Anor (No 4) [2021] QLC
22
ENERGY AND RESOURCES – MINERALS – COURTS OR
TRIBUNALS EXERCISING JURISDICTION IN MINING MATTERS –
QUEENSLAND – application to extend the mine –
application for mining lease – application to amend
environmental authority – where there were objections to
applications – where objections raised issues regarding
geology, groundwater, surface water impacts, groundwater to surface
water interactions, flooding, noxious weeds and subsoil
moisture
ENERGY AND RESOURCES – MINERALS – COURTS OR TRIBUNALS
EXERCISING JURISDICTION IN MINING MATTERS – QUEENSLAND
– where the Court considered the standard criteria in s
269(4) of the Mineral Resources Act 1989 – where the criteria
have been met
HUMAN RIGHTS – JURISDICTION AND PROCEDURE – QUEENSLAND
– whether the Court has jurisdiction to consider the Human
Rights Act 2019 in the absence of objections – where the Land
Court has jurisdiction and a duty to consider human rights in the
absence of submissions – where s 24(2) of the Human Rights
Act 2019 was considered – where the human right to property
would not be prejudiced – where the proposed expansion is
proportionate to the public interest Acts Interpretation Act 1954
Qld sch 1.
Green
Pitch Pty Ltd v Brisbane City Football Club Ltd
[2021] QCAT 222
ADMINISTRATIVE LAW – ADMINISTRATIVE TRIBUNALS
– QUEENSLAND CIVIL AND ADMINISTRATIVE TRIBUNAL – minor
civil dispute – claim for debt or liquidated demand of money
– whether a coaching contract was terminated or frustrated
– whether cancellation of a sporting competition during
COVID-19 was a frustrating event.
Electrical
Licensing Committee v Whatalec Pty Ltd & Brindley
[2021] QSC 159
ADMINISTRATIVE LAW – JUDICIAL REVIEW –
REVIEWABLE DECISIONS AND CONDUCT – REVIEW OF PARTICULAR
DECISIONS – where the applicant made a decision, pursuant to
s 121(1)(a) of the Electrical Safety Act 2002 ("the
Act"), that a ground existed for taking disciplinary action
against each of the respondents – where the applicant made a
further decision, pursuant to s 121(1)(b) of the Act, to take
disciplinary action against each of the respondents – where
the respondents sought review of the applicant's decision in
each case – where the applicant now applies under s 13 and/or
s 48 of the Judicial Review Act 1991 for the dismissal of the
respondents' applications for statutory orders of review
– where s 172 of the Act provides for external review by the
Queensland Civil and Administrative Tribunal ("QCAT
review") of a "disciplinary decision" as defined in
s 167 of the Act – where the applicant contends that the QCAT
review process would encompass, as well as review of the decision
to take disciplinary action, consideration of the grounds on which
it was made, so that the applications for statutory orders of
review should be dismissed – where the respondents contend
that the right of review under s 172 of the Act is confined to the
decisions as to whether, and what, disciplinary action should be
taken and excludes the decision as to whether grounds existed for
taking that action – whether QCAT review is available for
both the s121(a) decisions that grounds exist and the s 121(b)
decisions as to whether and what action should be taken, so that
the respondents' applications for statutory orders of review
should be dismissed
STATUTE – ACTS OF PARLIAMENT – INTERPRETATION –
GENERAL APPROACHES TO INTERPRETATION – PARTICULAR WORDS AND
PHRASES – GENERALLY – Queensland Civil and
Administrative Tribunal Act 2009 Qld ss 6, 19(c), 20.
Ahwang
v Torres Strait Island Regional Council
[2021] QSC 147
ADMINISTRATIVE LAW – JUDICIAL REVIEW – GROUNDS
OF REVIEW – FAILURE TO OBSERVE STATUTORY PROCEDURE –
where the respondent is the trustee of a grant of land in fee
simple at St Pauls on Moa Island – where as trustee the
respondent is obliged to hold the land on trust for the benefit of
the Islander inhabitants – where the applicant and another
person submitted to the respondent expressions of interest in
leasing the property – where the respondent granted the lease
to the other person and not the applicant – where the
applicant sought a statutory order of review of this decision
– whether the decision to grant the lease was a decision as
per s 4 Judicial Review Act 1991 (Qld) – whether the
respondent's decision making process had to be in compliance
with s 135 Torres Strait Islander Land Act 1991 (Qld) –
whether the decision was made in compliance with the requirements
of s 135 Torres Strait Islander Land Act – whether the
decision was actually made in compliance with the respondents
adopted decision making process
PROCEDURE – CIVIL PROCEEDINGS IN STATE AND TERRITORY COURTS
– TIME, EXTENSION AND ABRIDGMENT – where the
application was filed over seven months out of time – whether
an extension of time in which to apply should be granted. Judicial
Review Act 1991 Qld ss 4, 5(d), 20, 26.
Legislation
Commonwealth
Online Safety (Transitional Provisions and Consequential
Amendments) Bill 2021
Finally passed both Houses 22 June 2021 -
Introduced with the Online Safety Bill 2021, the
bill: Repeals the Enhancing Online Safety Act 2015; makes
consequential amendments to 10 Acts; amends the Crimes Act 1914,
Export Market Development Grants Act 1997 and Online Safety Act
2021, when enacted, to make amendments contingent on the
commencement of certain other Acts; and contains transitional and
application provisions.
Online Safety Bill 2021
Finally passed both Houses 23 June 2021 -
Introduced with the Online Safety (Transitional
Provisions and Consequential Amendments) Bill 2021, the bill:
Retains and replicates certain provisions in the Enhancing Online
Safety Act 2015, including the non-consensual sharing of intimate
images scheme; specifies basic online safety expectations;
establishes an online content scheme for the removal of certain
material; creates a complaints-based removal notice scheme for
cyber-abuse being perpetrated against an Australian adult; broadens
the cyber-bullying scheme to capture harms occurring on services
other than social media; reduces the timeframe for service
providers to respond to a removal notice from the eSafety
Commissioner; brings providers of app distribution services and
internet search engine services into the remit of the new online
content scheme; and establishes a power for the eSafety
Commissioner to request or require internet service providers to
disable access to material depicting, promoting, inciting or
instructing in abhorrent violent conduct for time-limited periods
in crisis situations.
Telecommunications Legislation Amendment (International
Production Orders) Bill 2020
Finally Passed both houses 24 June 2021 - Amends the
Telecommunications (Interception and Access) Act 1979 to: provide a
framework for Australian agencies to obtain
independently-authorised international production orders for
interception, stored communications and telecommunications data
directly to designated communications providers in foreign
countries with which Australia has a designated international
agreement; make amendments contingent on the commencement of the
proposed Federal Circuit and Family Court of Australia Act 2020;
and remove the ability for nominated Administrative Appeals
Tribunal members to issue certain warrants.
Hazardous Waste (Regulation of Exports and Imports)
Amendment Bill 2021
Assent Act no: 73 Year: 2021 30 June 2021 - Amends the:
Hazardous Waste (Regulation of Exports and Imports) Act 1989 to:
implement Australia's obligations under the Basel Convention on
the Control or Transboundary Movements of Hazardous Wastes and
their Disposal; apply the standard provisions of the Regulatory
Powers (Standard Provisions) Act 2014 and insert new audit powers;
update existing criminal offences and introduce new strict
liability offences and civil penalties to cover non-compliance.
Biosecurity Amendment (Strengthening Penalties) Bill
2021
Assent Act no: 58 Year: 2021 29 June 2021
Amends the Biosecurity Act 2015 to increase the civil and criminal
penalty amounts for contraventions of certain key requirements
relating to the assessment and management of biosecurity risks of
goods that are brought or imported into Australian territory, and
the carrying out of biosecurity activities in accordance with an
approved arrangement.
Repatriation
of Defence Data Bill 2021
HR 21 June 2021 - A Bill for an Act to require the
repatriation of Defence data to sovereign Australian storage
facilities, and for related purposes. If a sensitive data store is
held in a high-risk storage facility, the Secretary must cause the
sensitive data store to be transferred, before 25 April 2022, to a
sovereign Australian storage facility.
Ransomware
Payments Bill 2021
HR 21 June 2021 - This is a stand-alone Bill to establish
a mandatory reporting requirement for Commonwealth entities, State
or Territory agencies, corporations, and partnerships who make
ransomware payments in response to a ransomware attack. The Bill
will require entities who make a ransomware payment to notify the
ACSC of key details of the attack, the attacker, and the payment.
This information will be held by the ACSC.
No
Domestic COVID Vaccine Passports Bill
2021
HR 21 June 2021 - The bill prohibits the Commonwealth,
States and Territories and other non-government entities from
issuing domestic vaccine passports or certification and also
prohibits discrimination on the basis of whether a person has had a
COVID vaccination in the provision of goods, services and
facilities and also in employment, education, accommodation and
sport
Regulations
Public
Governance, Performance and Accountability Amendment (Digital
Transformation Agency) Rules 2021
29/06/2021 - This instrument amends the Public Governance,
Performance and Accountability Rule 2014 to amend and expand the
purposes of the Digital Transformation Agency
(DTA) as a listed in clause 10 for finance law,
and repeal the sunset provision at subclause 10(2) to allow the DTA
to continue as a listed entity under the Public Governance,
Performance and Accountability Act 2013.
Remuneration
Tribunal (Members of Parliament) Determination 2021
21/06/2021 - This determination deals
with the remuneration of members of Parliament, the rates of travel
allowance payable to such members, and the allowances and expenses
to be paid to former members. The remuneration, allowances and
expenses are to be paid out of the public money of the
Commonwealth.
Queensland
Acts
No 13
Defamation (Model Provisions) and Other Legislation Amendment Act
2021
24 June 2021 – Limitation of Actions Act
Bills
Defamation (Model Provisions) and Other Legislation Amendment Bill
2021
Introduced by: Hon S Fentiman MP on 20/04/2021
Stage reached: Passed on 16/06/2021
Subordinate legislation as made – 30 June
2021
No 84
Justice Legislation (Fees, Allowances and Other Amounts) Amendment
Regulation 2021
Reminders:
No 40
Proclamation—Criminal Code (Child Sexual Offences Reform) and
Other Legislation Amendment Act 2020 (commencing remaining
provisions)
The date of 5 July 2021 is fixed for the commencement of the
provisions of the Act that are not in force.
No 41
Evidence (Intermediaries) Amendment Regulation 2021
This regulation commences on 5 July 2021. The purpose of the
Amendment Regulation 2021 is to prescribe, commencing on 5 July
2021, Brisbane and Cairns as places for the operation of the
Queensland Intermediary Scheme pilot. The aim of the pilot is to
assist prosecution witnesses with communication needs to give their
best evidence in child sexual offence prosecutions.
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.
