In the media
QLS: Funding for justice much needed in State
Budget
Queensland's State Government will hand down the first
budget since the last election on Wednesday 12 June, with
Queensland Law Society holding hopes for more justice system
funding (31 May 2018).
More...
New faces for Sentencing Advisory Council:
Queensland
Attorney-General and Minister for Justice Yvette D'Ath
has announced the appointment of five new members of the Queensland
Sentencing Advisory Council (01 June 2018).
More...
Two new magistrates for regional Queensland
The Attorney-General and Minister for Justice Yvette
D'Ath has announced two new magistrates for regional Queensland
(31 May 2018).
More...
Magistrates' Court makes staff wellbeing a
priority
Changes are being made to the times that magistrates hear
matters at the Magistrates' Court of Victoria. This is in
recognition of the fact that over time magistrates and judicial
registrars have been sitting in court for longer periods due to an
increasing number of proceedings (08 June 2018).
More...
Attorney-General focuses on next key national security
legislation
Following the release of the report of the Joint
Parliamentary Committee on Intelligence and Security,
Attorney-General, Christian Porter said he was now focused on
securing the passage of the Foreign Influence Transparency Scheme
Bill (08 June 2018).
More...
Turnbull Government encourages child sex abuse survivors
to contribute to National Apology
The Turnbull Government is encouraging people who suffered
or were affected by institutional child sexual abuse, and their
supporters, to contribute to the development of the National
Apology (07 June 2018).
More...
ACMA rules kick in on telco complaints
Telco consumers can expect a better complaints-handling
experience under a new
industry standard and record-keeping
rules announced by the Australian Communications and Media
Authority. This is the
first tranche of new rules announced by the ACMA in December
2017 to improve consumers' experience in migrating to the
National Broadband Network (NBN) (07 June 2018).
More...
New laws to target incitement of violence
Individuals who incite or threaten violence against people
based on their race, religion or sexuality will risk a three-year
jail sentence under new laws to be introduced into NSW Parliament,
Attorney General Mark Speakman has announced (05 June 2018).
More...
Supreme Court upholds Alcohol Protection Orders
The Northern Territory Supreme Court has held that the now
repealed Alcohol Protection Order (APO) regime was
valid and not in breach of the Commonwealth Racial Discrimination
Act (05 June 2018).
More...
LCA: Closing the Gap Refresh Discussion Paper
The Law Council provided a submission to the Council of
Australian Government's Closing the Gap Refresh Discussion
Paper on 4 May 2018. The Law Council's submission emphasised
the importance of ensuring that Aboriginal and Torres Strait
Islander communities are central to the design and leadership of
the Close the Gap strategy, and that future directions must allow
for self-determination and community-led change (04 June 2018).
More...
New Funding Grants For Legal Assistance Services
The Andrews Labor Government has announced $2 million to
support community legal centres across the state to help
disadvantaged Victorians (01 June 2018).
More...
New Funding for Bendigo's Health Justice
Partnership
The Andrews Labor Government has announced $200,000 of
funding to ensure the Bendigo Health Justice Partnership can
continue to help vulnerable Victorians until 2020 (31 May 2018).
More...
Abortion clinic safe access zones: High Court test
case
Laws that protect the dignity, safety and privacy of women
seeking reproductive healthcare should be upheld, the Human Rights
Law Centre has argued in a submission to the High Court (25 May
2018).
More...
In practice and courts
Open Government Forum Meeting - 14 June 2018
National Action Plan 2 - 2018 – 2020 - The Open
Government Forum will meet on Thursday, 14 June 2018 in Sydney to
discuss a number of matters, including refining the draft
commitments for Australia's next Open Government National
Action Plan. An agenda and papers for the meeting are available
here (08 June 2018).
More...
OAIC statement: Clarification to the OAIC's
2016–17 Digital Health Annual Report web page
The Office of the Australian Information Commissioner has
amended the
web version of its 'Annual report of the Australian
Information Commissioner's activities in relation to digital
health 2016–17' to address a formatting error in relation
to several footnote references, which occurred during the HTML
conversion of the tabled report. The
PDF version of the tabled report published at the time did not
contain the error (07 June 2018).
More...
OAIC statement: Statement on PageUp People Limited
The Office of the Australian Information Commissioner is
aware of an incident involving PageUp People Limited, a provider of
human resources services for a number of Australian entities.
PageUp has issued a statement on
its website. The OAIC has published a
number of resources for those affected by a data breach and
action they can take (06 June 2018).
More...
Acting Australian Information Commissioner and acting
Privacy Commissioner approves variations to the Privacy (Credit
Reporting) Code 2014
On 29 May 2018, the acting Australian Information
Commissioner and acting Privacy Commissioner approved a variation
of the registered Privacy (Credit Reporting) Code 2014
Version 1.2 (CR Code Version 1.2). The variations
are proposed to commence on 1 July 2018. A new version of the
Privacy (Credit Reporting) Code will be included on the
OAIC's
Codes Register (30 May 2018).
More...
OAIC: Information Publication Scheme — 2018 Survey
of Australian Government agencies
The 2018 Information Publication Scheme (IPS) Survey of
Australian Government agencies that are subject to the Freedom
of Information Act 1982 (Cth) has commenced. If you have any
questions or require further information about the IPS Survey,
contact Mabel Dela Cruz of ORIMA Research here. More...
JCA warns of judges in the crossfire of court
restructuring
The Judicial Conference of Australia has issued
a statement expressing concern that judges might be "in
the crossfire of debate" over proposed restructure of the
Family Court and the Federal Circuit Court. Similar concerns have
been expressed by the presidents of the West Australian, Queensland
and New South Wales Bar Associations (04 June 2018).
Human Rights Law Centre Submissions
Submission: The dangers of unregulated biometrics use (30 May
2018).
The Human Rights Law Centre told a Parliamentary Committee that the
federal government's proposed new powers to undertake facial
recognition identification and surveillance are dangerously
overbroad, and could dramatically alter the freedom of ordinary
people going about their daily lives.
High Court Bulletin
High Court of Australia Bulletin [2018] HCAB 04 (29 May
2018).
ALRC Discussion Paper: Class Action Proceedings and
Third-Party Litigation Funders (DP 85)
The ALRC invites submissions in response to the proposals,
questions and analysis in the Discussion Paper, which is available
on the ALRC
website. Submissions are due to the ALRC by 30 July 2018.
Law Council of Australia Submissions
Intellectual Property Laws Amendment (Productivity Commission
Response Part 1 and Other Measures) Bill 2018 (Provisions)
(1 June 2018).
Recent media coverage concerning the AAT
The Administrative Appeals Tribunal (AAT)
issues further corrections to address inaccurate media reporting.
In neither case before the tribunals was criminal conduct or
character a basis upon which the visa was refused by the then
Department of Immigration (the Department) (1 June
2018).
More...
Reminder: Mandatory data reporting update
A number of certifying authorities are already reporting
data, and each of the three reporting options (API, SFTP and mobile
app) are available and in use. Councils and certifiers should be
preparing for the 1 July 2018 mandatory reporting date. The Board
will have an education focus for the first six months after this
date.
API and SFTP
specifications: BPB's website will always have the latest
version
April 2018 roadshow presentation
Certification
data reporting and
FAQs
Copyright modernisation consultation
Copyright modernisation consultation paper – submissions
due by 4 July 2018.
Federal Circuit Court case management pilot
A case management pilot commenced in the Brisbane Registry
of the Federal Circuit Court on 4 June 2018, which will run for
approximately seven months. During the pilot, the current docket
system will be replaced with a system under which three duty judges
will have carriage of a matter from the first return date until
trial. The remaining judges will hear trials only.
More...
OAIC Key dates
Australian Government Agencies Privacy Code
Commences 1 July 2018.
Queensland
Recent changes to legislation – implementation of
Stage 1 of the Operation Belcarra report recommendations and
automatic suspension of Councillors
The purpose of this bulletin is to inform Local
Governments of legislative amendments to provide for the automatic
suspension of Councillors charged with a disqualifying offence and
provide for additional powers of State intervention if it is in the
public interest (28 May 2018).
More...
More...
CCC Prosecutions
Taskforce Flaxton hearing adjourned (30 May 2018)
The CCC has adjourned the Taskforce Flaxton public hearing. It is
expected to recommence in August 2018.
Brassall man charged with breach of bail (29 May 2018)
A 47-year-old man from Brassall was arrested and charged this
evening with a breach of bail offence by the Crime and Corruption
Commission (CCC).
CCC Publications
The potential cost of failing to perform duties as a police
officer: What you should know
This document seeks to make police more aware of their duties as
police officers and the serious consequences they may face if they
ignore their obligations to the service and to the public.
QAO: Delivery of shared services in Queensland
The objective of this audit is to assess whether the
Queensland Government's shared service functions are delivering
value for money now, and are well positioned to successfully
deliver into the future.
More...
Queensland Sentencing Advisory Council: Call for
submissions — Sentencing for child homicide offences
The Queensland Sentencing Advisory Council is seeking your
views on sentencing for child homicide offences.
Community input into the review is important to ensure the views of
Queenslanders can be taken into account by the Council in its
advice to the Attorney-General. The Submissions deadline is 31 July
2018.
See the
Summary paper and
Consultation paper or click
here to make a submission.
Published – articles, papers, reports
Protection orders for domestic violence: a systematic
review
Christopher Dowling et al; Australian Institute of
Criminology: 07 June 2018.
This study systematically reviews research into the use and impact
of protection orders, using the EMMIE framework (Effectiveness,
Mechanisms, Moderators, Implementation and Economy). More...
Political influence of donations
Senate Select Committee into the Political Influence of
Donations; Parliament of Australia: 06 June 2018.
This inquiry focused upon the level of influence that political
donations exert over the public policy decisions of political
parties, Members of Parliament and government administration. More...
Exposure Draft—Copyright Amendment (Service
Providers) Regulations 2018: consultation paper
Department of Communications and the Arts (Australia): 05
June 2018.
This consultation paper sets out some specific matters in relation
to which stakeholder views are sought. However submissions are
welcomed on any aspect of the Exposure Draft, and more generally,
on whether the Exposure Draft is fit for purpose. More...
Disability support services: services provided under the
National Disability Agreement 2016–17
Australian Institute of Health and Welfare: 01 June
2018.
While the National Disability Insurance Scheme
(NDIS) is expected to largely replace the current
provision of services to people with disability under the National
Disability Agreement (NDA), many people were still
receiving support under the NDA in 2016–17. More...
Organised crime research in Australia 2018
Russell G. Smith; Australian Institute of Criminology: 01
June 2018.
This collection of papers, presented at the second national
Organised Crime Research Forum, draws on the insights and
experiences of organised crime researchers to contribute to the
evidence base needed to adapt and develop ever more effective
responses to the threat of organised crime. More...
Inquiry into class action proceedings and third-party
litigation funders: discussion paper
Australian Law Reform Commission: 31 May 2018.
The ALRC invites submissions in response to the proposals,
commentary, analysis and questions in this discussion paper, which
examines the increased prevalence of class action proceedings; the
importance that costs in these matters are appropriate and
proportionate; and the need to protect the interest of plaintiffs
and class members. More...
Serious Offenders Bill
2018
Alice Petrie; Parliamentary Library and Information
Service (Vic): 30 May 2018.
The Serious Offenders Bill 2018 was introduced to the
Victorian Legislative Assembly on 8 May 2018. It seeks to establish
a civil, protective scheme under which offenders who have served
custodial sentences for certain serious sexual and/or violent
offences, and who present an unacceptable risk of harm to the
community, can be made subject to ongoing detention or supervision.
More...
A Sentencing Guidelines Council for Victoria:
report
Paul McGorrery, Helen Rechter, Donald Ritchie; Sentencing
Advisory Council (Vic): 25 May 2018.
The Victorian government plans on introducing legislation in 2018
to establish a Sentencing Guidelines Council. This report makes a
number of recommendations in relation to key features of the
council, as well as the sentencing guidelines it would create. More...
Identity crime and misuse in Australia: results of the
2016 online survey
Russell G. Smith, Penny Jorna; Australian Institute of
Criminology: 24 May 2018.
This report presents the results of the latest identity crime and
misuse survey, undertaken by the AIC in May 2016. It updates
information obtained in earlier surveys, undertaken in 2013 and
2014, and provides an indication of how the identity crime and
misuse of personal information environment has changed in Australia
since 2013. More...
Good practice guide to dealing with challenging
behaviour: report and guide
Victorian Ombudsman: 23 May 2018.
This report introduces the Victorian Ombudsman's new guide for
public sector complaints handlers to use when dealing with
challenging behaviour. More...
'Sentencing advocacy: all your questions
answered
Justice James D Henry, Judge Leanne Clare SC, and Judge
Gregory Lynham,
This paper was presented to the 2018 NQLA Conference in Cairns on
26 May 2018.
More...
Cases
Malu Lamar (Torres Strait Islander) Corporation RNTBC v
Findlay (as delegate of the Protected Zone Joint
Authority) [2018] FCA
801
ADMINISTRATIVE LAW – application for an order
suspending the operation of a decision pending the hearing and
determination of the proceeding – where the applicant was
incorporated for the purpose of holding certain native title rights
and interests – where the respondent decided to impose a
total ban on the use of hookah gear in the Torres Strait Tropical
Rock Lobster Fishery for the remainder of the season – where
the applicant commenced a proceeding challenging the decision under
the Administrative Decisions (Judicial Review) Act 1977
(Cth) – where the applicant contended that, in making the
decision, the respondent failed to comply with the procedural
requirements set out in s 24HA(7) of the Native Title Act
1993 (Cth), alternatively that the respondent breached the
rules of natural justice – whether there was a serious
question to be tried – whether the balance of convenience
favoured the making of an order suspending the operation of the
decision – application dismissed.
Nyoni v Murphy [2018] FCAFC
75
PRACTICE AND PROCEDURE - appeal - whether exercise of
power by Registrar of the Federal Court of Australia to refuse
documents for filing an administrative decision - whether decision
reviewable under s 35A(5) of the Federal Court Act 1976
(Cth) - consideration of exercise of administrative and judicial
decisions by a Registrar - whether primary judge conducted a review
of the decision under s 5 of the Administrative Decisions
(Judicial Review Act) 1977 (Cth).
Denhollander and Secretary, Department of Defence (Freedom
of information) [2018] AATA 1345
FREEDOM OF INFORMATION – On current application to
what extent could Tribunal inform itself about relevant findings of
fact in previous 2002 decision – Applicant seeking to rely
upon further information – Applicant seeking to reopen
proceedings before AAT for rehearing of his application –
Application to amend the same AF Med 1 form, the subject of
previous applications – Open to Tribunal to regard previous
decision as determinative of an issue and decide that an issue
should not be reopened – Tribunal has discretion in those
circumstances to take such a course – Requirements of
procedural fairness – Opportunity to re-agitate findings of
fact – Decision affirmed. Freedom of Information Act
1982, Pt 5, ss 48, 50, 58AA.
Elstone Pty Limited and Civil Aviation Safety Authority
(Freedom of information) [2018] AICmr
52
Freedom of Information — Whether disclosure would
have a substantial adverse effect on the proper and efficient
conduct of the operations of an agency — Whether disclosure
is contrary to the public interest — (CTH) Freedom of
Information Act 1982 ss 11A and 47E(d).
'PC' and Australian Taxation Office (Freedom of
information) [2018] AICmr
53
Freedom of Information — Whether disclosure would
have a substantial adverse effect on the management or assessment
of personnel — Whether contrary to public interest to release
conditionally exempt documents — (CTH) Freedom of
Information Act 1982 ss 11A(5) and 47E(c).
The Australian and National Native Title Tribunal (Freedom
of information) [2018] AICmr 54
Freedom of Information — Whether disclosure would
have a substantial adverse effect on the management or assessment
of personnel — Whether contrary to public interest to release
conditionally exempt documents — (CTH) Freedom of
Information Act 1982 ss 11A(5) and 47E(c).
Pidgeon v Millar t/as Classic Crete
[2018] QCAT 155
ADMINISTRATIVE LAW – ADMINISTRATIVE TRIBUNALS
– QUEENSLAND CIVIL AND ADMINISTRATIVE TRIBUNAL –
domestic building dispute – where the respondents were
unlicensed – where the works were partly paid by the
applicant but not performed – whether the first respondent
was liable – holding out.
New Acland Coal Pty Ltd v Smith (No 2)
[2018] QSC 119
ADMINISTRATIVE LAW – JUDICIAL REVIEW – POWERS
OF COURTS UNDER JUDICIAL REVIEW LEGISLATION – GENERALLY
– where the recommendation decisions of the Land Court under
s 269 of the Mineral Resources Act 1989 and s 191 of the
Environmental Protection Act 1994 are set aside and the
matters to which the decisions relate are to be referred back to
the Land Court of Queensland for further consideration –
where there was criticism of the conduct of part of the hearing by
the Land Court member, although not such as to find the ground of
apprehended bias established, and also criticism of parts of the
reasons given for the recommendation decisions by the Land Court
member – where there was also subsequent conduct on the part
of the Land Court member which might reasonably lead a fair-minded
lay observer to apprehend that he might not bring an impartial or
objective mind to further consideration of the matters –
whether it is appropriate, in the interests of justice, to direct
under s 30(1)(b) of the Judicial Review Act 1991 that the
matters be further considered by a different member of the Land
Court.
ADMINISTRATIVE LAW – JUDICIAL REVIEW – POWERS OF COURTS
UNDER JUDICIAL REVIEW LEGISLATION – OTHER ORDERS –
consideration of the power of the Court to make directions and
orders under s 30(1)(b) and s 30(1)(d) of the Judicial Review
Act 1991, to narrow the scope of the Land Court's further
consideration of the matters the subject of the recommendation
decisions to avoid unnecessary re-litigation or re-examination of
issues – whether it is appropriate to exercise the power to
make such orders in the circumstances of this case.
ADMINISTRATIVE LAW – JUDICIAL REVIEW – PROCEDURE AND
EVIDENCE – COSTS – where the applicant was successful
in obtaining an order that the Land Court's recommendation
decisions be set aside, but was not successful on a number of its
grounds of review, and was successful on a ground which assumed a
different emphasis on the review proceeding to that which it had
during the original Land Court proceeding – whether costs
should follow the event, or the parties ought to bear their own
costs.
Legislation
Treasury Laws Amendment (ASIC Governance) Act
2018
Act No. 42 of 2018 as made – Date of assent 22 May
2018 - An Act to provide for an additional Deputy Chairperson of
ASIC.
Social Services Legislation Amendment (Cashless Debit Card Trial
Expansion) Bill 2018
This Schedule expands on the three locations in which
the cashless welfare arrangements are currently being, or will be,
conducted by rolling out the cashless debit card in the Bundaberg
and Hervey Bay area in Queensland, to run until 30 June 2020. The
Schedule also sets out the class of trial participants for the new
area and increases the total number of trial participants to 15,000
(Introduced HR 30 May 2018).
National Redress Scheme for Institutional Child Sexual
Abuse Bill 2018
Introduced with the National Redress Scheme for
Institutional Child Sexual Abuse (Consequential Amendments) Bill
2018, the bill implements the joint response of the
Commonwealth Government, the government of each participating state
and territory, and each participating non-government institution to
recommendations of the Royal Commission into Institutional
Responses to Child Sexual Abuse's Redress and Civil Litigation
Report by: establishing the National Redress Scheme for
Institutional Child Sexual Abuse to operate for a 10-year period
from 1 July 2018; providing a payment of up to $150 000 to
survivors; providing access to counselling and psychological
services to survivors; and providing an option for survivors to
receive a direct personal response from the responsible institution
(HR Third reading 29 May 2018).
National Redress Scheme for Institutional Child Sexual
Abuse (Consequential Amendments) Bill
2018
Introduced with the National Redress Scheme for
Institutional Child Sexual Abuse Bill 2018, the bill amends
the Administrative Decisions (Judicial Review) Act 1997 to
exempt decisions made under the national redress scheme from
judicial review; Freedom of Information Act 1982 to exempt
protected information from disclosure under the Act; Social
Security (Administration) Act 1999 to enable the use and
disclosure of protected information if it is done for the purposes
of the national redress scheme; and Age Discrimination Act
2004 to enable the exclusion of children applying to the
national redress scheme if they will not turn 18 during the life of
the scheme (HR Third reading 29 May 2018).
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.