Upcoming webinars
Human Rights and government decision making (11 October 2022)
In this session we will discuss:
- human rights two years on
- how has the legislation impacted government decision making since January 2020
- court decisions and interpretation of the legislation
- takeaways for local and State government decision makers. Register here.
Probity in Procurement (20 October 2022)
In this session, we will discuss:
- the key tenets of probity and applying these at each stage of the government procurement process
- tales to highlight key risks, and worked examples demonstrating best practice. Register here.
Media
Draft Property law Bill released for public
feedback
Draft legislation intended to replace Queensland's outdated
property laws has been made publicly available for community
feedback. The Bill had been developed based largely on the
recommendations of the Commercial and Property Law Research Centre
at the Queensland University of Technology, following its
broad-ranging, independent review of current legislation from
2013-18 (16 September 2022). More...
Regional plans updated for Far North
The Department of State Development, Infrastructure, Local
Government and Planning is updating its Far North Queensland
Regional Plan, followed by all Regional Plans over the next three
years. The Regional Plans are intended to set the long-term
direction for how the regions could grow and respond to change over
time (13 September 2022).
More...
Queensland Human Rights Commission recommends overhaul
of state's anti-discrimination laws
The Queensland Human Rights Commission has recommended new
anti-discrimination legislation to further prevent sex
discrimination and sexual harassment, particularly in the
workplace. The QHRC's Building Belonging final report made 122
recommendations to strengthen and enhance the Anti-Discrimination
Act after the state government commissioned a review (1 September
2022).
More...
Work Health Safety Act set for review
Five-yearly review of the Work Health Safety Act 2011 is
now underway. Following the comprehensive Best Practice Review of
the Act in 2017, Queensland introduced reforms, including making
industrial manslaughter an offence and establishing the independent
office of the Work Health and Safety Prosecutor (18 August 2022).
More...
Four new magistrates appointed to Queensland
Courts
Four new magistrates have been appointed to courts in Beenleigh,
Bowen, Dalby and Southport. Mr Mark Bamberry, Ms Patrina Clohessy,
Ms Michelle Howard and Ms Kyna Morice bring a wealth of legal
experience, practice and knowledge to the bench and are clearly
well placed as they start their new judicial career (18 August
2022). More...
Publications
Disaster Resilience Strategy for even stronger, safer,
more resilient communities
A new five-year strategy to strengthen disaster resilience in
Queensland will further improve the state's capacity to deal
with natural disasters and climate change. The Queensland Strategy
for Disaster Resilience 2022-27 focuses on community-informed
resilience investment and greater inter-agency coordination so
communities are best prepared to tackle and recover from natural
disasters. Read the report here.
The Grattan truck plan: Practical policies for cleaner
freight
According to the latest report from the Grattan Institute, old
trucks should be banned from Sydney and Melbourne as part of a
comprehensive plan to reduce Australians' exposure to deadly
air pollution. While the report accepts that trucks make our lives
better in so many ways, it argues why and how Australia should do
more to limit the damage they leave behind. More here.
Improving communication - Casebook 2022
examples
It is important that people affected by government decisions
understand the reasoning for making a decision, and are advised of
any available right of internal or external review or appeal. If a
correct decision is badly communicated, it is likely a complaint
will be made. Effective communication of decisions and reasons can
help prevent or reduce complaints. The Queensland Ombudsman's
Casebook 2022 includes examples where complainants were not
provided effective communication. Details
here.
Watchdog takes action over financial red
flags
The state's building industry watchdog confirmed it has issued
show-cause notices to at least 296 licensees under the mandatory
financial reporting regime. The Queensland Building and
Construction Commission has given the companies a deadline of
Wednesday, 5 October to lodge their reports or face the prospect of
licence cancellation. Read more from the QBCC
here.
What's the plan, Queensland?
1 in 20 people from Sydney and Melbourne are 'definitely'
or 'probably' looking to move interstate in the next five
years, with almost two thirds of those keen to make Queensland
their new home, according to a startling survey undertaken by the
Property Council of Australia. The release of the research
coincides with the publication of a position paper, A Home for
Every Queenslander, setting out a range of tangible actions the
Queensland Government can take to address the current housing
shortage. Read the report
here.
Practice
Administrative Appeals Tribunal Corporate Plan
released
The Administrative Appeals Tribunal has released its Corporate Plan
for 2022 to 2026. The Corporate Plan describes the Tribunal's
purpose, the key activities it will undertake to achieve that
purpose, how it will manage key risks, and how it will measure its
performance as required by the Public Governance, Performance and
Accountability Act 2013. Read the Plan
here.
Do you want to improve access to justice?
The Queensland Law Society's annual Access to Justice Survey is
now open, and your observations can help inform where resources are
best directed to increase access to justice for Queenslanders. In
its 10th year, the survey serves as a platform for the legal
profession to provide critical feedback around current and key
barriers to accessing justice. Don't miss the opportunity to
have your say and help the QLS advocate for better access to legal
help. Participate
here.
Interpreter guideline updated
An updated version of the Guideline for Working with Interpreters
in Queensland Courts and Tribunals has been released. It has been
amended by reference to the Recommended National Standards for
Working with Interpreters in Courts and Tribunals (Second Edition),
published by the Judicial Council on Cultural Diversity. Read the
Guideline
here.
Cases
Anters v McInnes
Wilson Lawyers Pty Ltd & Ors [2022] QIRC 358
HUMAN RIGHTS - JURISDICTION AND PROCEDURE - APPLICATION FOR LEAVE
TO BE GIVEN TO BE REPRESENTED BY A LAWYER - Complainant made
complaint to the Queensland Human Rights Commission against the
Respondents alleging contraventions of provisions of the
Anti-Discrimination Act 1991 - complaint referred to the Queensland
Industrial Relations Commission - application in existing
proceedings by the second Respondent for leave to be given to be
legally represented pursuant to s 530(1)(c) of the Industrial
Relations Act 2016 - opposition by Complainant for leave to be
given - whether leave should be given second Respondent to be
legally represented having regard to s 530(4) of the Industrial
Relations Act 2016 – second Respondent given leave to be
legally represented.
Underwood v Metro
North Hospital and Health Service & Anor [2022] QCATA
124
ADMINISTRATIVE LAW – ADMINISTRATIVE TRIBUNALS –
QUEENSLAND CIVIL AND ADMINISTRATIVE TRIBUNAL – parties to
proceeding – appeal to Appeal Tribunal from decisions of the
Information Commissioner – Information Commissioner made
respondent – other contradictor available – where
Information Commissioner applied to be removed – where the
application is opposed by the appellant – whether the
Information Commissioner can be removed as a party to the
proceedings – the Hardiman principle applied.
SWJ v Department of
Justice and Attorney-General [2022] QCATA 119
ADMINISTRATIVE LAW – JUDICIAL REVIEW – GROUNDS OF
REVIEW – MANDATORY CONSIDERATIONS – decision to refuse
application to revoke negative notice – whether decision
maker required to have regard to certain reasons for decision of a
sentencing court – whether obligation mandatory requirement
– practice not generally to obtain and consider court reasons
– whether decision according to law.
McQueen v Parole
Board Queensland [2022] QSC 27
ADMINISTRATIVE LAW – JUDICIAL REVIEW – GROUNDS OF
REVIEW – NATURAL JUSTICE – where the applicant applies
for judicial review of a decision of the respondent to refuse his
application for parole – where the respondent made a decision
to indefinitely suspend the applicant's parole – where
the applicant contends that it has a unqualified statutory right to
be given reasons–where the respondent restricted the reasons
on the basis of confidential information – whether the
respondent has proceeded an erroneous basis and failed to provide
an information notice in accordance with the Act.
Forbes v
Wilmot [2022] QSC 168
ADMINISTRATIVE LAW – REASONS FOR ADMINISTRATIVE DECISIONS
– OBLIGATION TO GIVE REASONS – where a police officer
issued an official warning to the applicant under s 53BAC of the
Police Powers and Responsibilities Act 1990 (Qld) – where the
applicant intended to judicially review the warning and requested a
statement of reasons to issue the notice – where the request
was refused on the grounds that there was no such obligation
– whether the decision to issue an official warning is a
decision to which the Judicial Review Act 1991 (Qld) applies
– whether the respondent is required to provide a statement
of reasons for the decision.
Australian
Christian College Moreton Ltd & Anor v Taniela [2022]
QCATA 118
APPEAL AND NEW TRIAL – GENERAL PRINCIPLES – RIGHT OF
APPEAL – WHEN APPEAL LIES – HUMAN RIGHTS –
DISCRIMINATION LEGISLATION – DIRECT DISCRIMINATION –
INDIRECT DISCRIMINATION - where respondent of Cook Island race
– where custom of Cook Island race to cut first born
son's hair at a hair-cutting ceremony to signify coming of age
– where respondents' parents want first born son to
undergo hair-cutting ceremony at age seven – where school
board notified complainant that it would unenroll him unless he cut
his hair by second semester 2020 – where Tribunal below
determined the school and its principal had directly and indirectly
discriminated against the boy on the basis of race – where
school and principal filed an application for leave to appeal or
appeal alleging errors of law and errors of fact.
Legislation
Bills introduced by Government
Holidays and Other Legislation Amendment Bill 2022
Public Health and Other Legislation (COVID-19 Management) Amendment Bill 2022
Bills introduced by Private Member
Residential Tenancies and Rooming Accommodation (Rent Freeze) Amendment Bill 2022
Bills passed without amendment
Holidays and Other Legislation Amendment Bill 2022
Inspector of Detention Services Bill 2022
Transport Legislation (Road Safety and Other Matters) Amendment Bill 2022
Bills amended during passage
Acts assented to
Holidays and Other Legislation Amendment Act 2022 No. 20 - Assent 15 September 2022
Inspector of Detention Services Act 2022 No. 18 - Assent 7 September 2022
Appropriation (Parliament) Act 2022 No. 15 - Assent 29 August 2022
Appropriation Act 2022 No. 16 - Assent 29 August 2022
Trading (Allowable Hours) and Other Legislation Amendment Act 2022 No. 17 - Assent 29 August 2022
Acts repealed
Appropriation (2020–2021) Act 2021
Appropriation (COVID-19) Act 2020
Appropriation (Parliament) (2020–2021) Act 2021
Appropriation (Parliament) Act 2020
Subordinate legislation notified
Transport Operations (Passenger Transport) Amendment Regulation 2022
Environmental Protection (Water and Wetland Biodiversity) Amendment Policy 2022
Major Events (Motor Racing Events) (Gold Coast 500) Amendment Regulation 2022
Nature Conservation (Protected Areas) Amendment Regulation 2022
Planning (Economic Support Instruments) Amendment Regulation 2022
Transport and Other Legislation Amendment Regulation (No. 3) 2022
Legal Profession (Australian Solicitors Conduct Rules) Notice 2022
Vegetation Management (Regional Ecosystems) Amendment Regulation 2022
Voluntary Assisted Dying Regulation 2022
Water Plan (Fitzroy Basin) Amendment Plan 2022
Energy and Water Ombudsman Regulation 2022
Status of Children Regulation 2022
Statutory Instruments Regulation 2022
Sugar Industry Regulation 2022
Subordinate legislation tabled
Energy and Water Ombudsman Regulation 2022
Evidence (Domestic Violence Proceedings) Amendment Regulation 2022
Geothermal Energy Regulation 2022
Guardianship and Administration Regulation 2022
Legal Profession (Australian Solicitors Conduct Rules) Notice 2022
Proclamation—Evidence and Other Legislation Amendment Act 2022 (commencing remaining provisions)
Status of Children Regulation 2022
Statutory Instruments Regulation 2022
Sugar Industry Regulation 2022
Taxation Administration Regulation 2022
Water Plan (Fitzroy Basin) (Postponement of Expiry) Notice 2022
Subordinate legislation repealed
Guardianship and Administration Regulation 2012
Legal Profession (Australian Solicitors Conduct Rules) Notice 2012
Status of Children Regulation 2012
Statutory Instruments Regulation 2012
Energy and Water Ombudsman Regulation 2007
Subordinate legislation expired
Forensic Disability Regulation 2011
Sugar Industry Regulation 2010
Commissions of Inquiry (Child Protection Inquiry—Evidence) Regulation 2012
Education and Care Services National Law (Queensland) Regulation 2011
Geothermal Energy Regulation 2012
Government Owned Corporations (NQBP Amalgamation) Regulation 2012
Taxation Administration Regulation 2012
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.