In the media
New Disability Discrimination Commissioner
The Australian Human Rights Commission is pleased to
welcome Dr Ben Gauntlett as Disability Discrimination Commissioner.
Before his appointment, Dr Gauntlett worked as a barrister in
Western Australia and Victoria with a broad ranging practice (07
May 2019).
More...
Telcos warned for not helping vulnerable consumers
Eleven telcos have been hit with formal warnings by the
Australian Communications and Media Authority
(ACMA) for failing to tell potential new customers
that they do not provide Priority Assistance (PA)
services, or failing to name a telco that does (07 May 2019).
More...
Suppression Order overhaul passes parliament
Victims of sexual or family violence who want to speak
publicly about their experiences will have more freedom to do so
thanks to new laws from the Government. The Open Courts and Other
Acts Amendment Bill 2019, which passed Parliament, amends existing
laws to reinforce the presumption in favour of open justice (02 May
2019).
More...
Killers to face life in jail under tougher
legislation
Convicted killers whose callous disregard for their
victims led to their death will be jailed for life under
legislation passed by Queensland Parliament on 1 May 2019. The
Criminal Code and Other Legislation Amendment Bill 2019 expands the
definition of murder to include reckless indifference to human life
and increased penalties for certain child-harm related offences (01
May 2019).
More...
In practice and courts
Current Senate Inquiries
Standing Committee of Privileges
Development
of a foreign influence transparency scheme to apply to
parliamentarians
Standing Committee on Regulations and Ordinances
Parliamentary
Scrutiny of Delegated Legislation
The Senate has granted an extension of time for reporting until 3
June 2019.
Review of the mandatory data retention regime
The Parliamentary Joint Committee on Intelligence and
Security is reviewing the mandatory data retention regime
prescribed by Part 5-1A of the Telecommunications (Interception
and Access) Act 1979 (TIA Act).Section 187N
of the TIA Act provides for the review and requires the committee
to report by 13 April 2020. Access the
terms of reference and the
inquiry page for further information. Please provide your
feedback before COB 31 May 2019.
AHRC: Commission calls for public
submissions
The AHRC has released an issues paper for 'Free and
Equal': An Australian conversation on human rights and has
called for public submissions. Submissions are open until 12 July
2019. See the
issues paper (03 May 2019).
More...
Law Council of Australia: Fortnightly update
The LCA have published their fortnightly newsletter
here.
AAT Bulletins 2019
The AAT Bulletin is a weekly publication containing a list
of recent AAT decisions and information relating to appeals against
AAT decisions
Issue No. 17/2019, 29 April 2019
Issue No. 18/2019, 6 May 2019
HC Bulletin 2019
High Court of Australia Bulletin [2019] HCAB 03 (26 April
2019)
ALRC Family Law report - Closing the jurisdictional
gap
Published on 30 April 2019. The first recommendation in
the ALRC's latest inquiry report: Family Law for the Future is
that family law disputes be returned to the states and territories
and the federal family courts eventually abolished. This
recommendation responds to arguably the most pressing concern
facing the family law system: that children are falling into harm
because of gaps between the federal family court and state and
territory courts, child protection services and police. A short
summary of the recommendation is available
here.
2019 COAT National Conference
The 2019 Council of Australasian Tribunals
(COAT) National Conference will be held 6 –
7 June in Melbourne. More...
Queensland
Penalties and Sentences (Penalty Unit Value) Amendment
Regulation 2019 (Qld)
The objective of this Regulation is to increase, from 1
July 2019, the prescribed monetary value of the penalty unit in
section 3 of the Penalties and Sentences Regulation 2015 by 2.25%
from $130.55 to $133.45.
More...
Department of the Premier and Cabinet:
Consultations
Annual report 2017–18 feedback survey
Open until 28 June 2019 - Help us produce useful, high quality
annual reports. Take a minute to respond to this survey and share
your thoughts and suggestions.
More...
OIC Queensland: Privacy masterclass - Writing a decision
letter
Masterclass Workshop on Advanced Privacy Complaint
Handling, on 12 June 2019. This workshop will explore how to
achieve a positive outcome in a privacy complaint.
More...
QAO: Guidance for AASB 9 Financial
Instruments—will IPSAS 41 help us
Can the International Public Sector Accounting Standard IPSAS 41
Financial Instruments help us in Australia.
More...
QAO: Managing electronic and digital evidence
The rapid and ongoing increase in the use of electronic
and digital technology to commit and detect crime has led to a
growing reliance on electronic and digital evidence in criminal
investigations and prosecutions. This rapid growth and the
increasing sophistication of technology presents significant
opportunities and challenges for the criminal justice system.
More...
QAO: Diverting young offenders from crime
This audit will examine the effectiveness of youth justice
diversion and rehabilitation initiatives in helping young people
better connect with the community and reduce the risk of them
reoffending. Audit status planned.
More...
Queensland Sentencing Advisory Council options paper:
reform of Queensland's sentencing framework
As part of the consultation phase of its
Terms of Reference into community-based sentencing orders,
imprisonment and parole, the options paper outlines new sentencing
options to tackle reoffending, streamline sentencing processes and
keep the community safe. Community and stakeholder views on the
options paper end on 31 May 2019. To view the Community-based
sentencing orders, imprisonment and parole options paper
here.
Queensland Sentencing Advisory Council: Intermediate
sentencing options and parole
Provide your feedback before COB Friday 24 May 2019. The
due date for the final report has been extended by three months, by
letter from the Attorney-General and Minister for Justice, and
Leader of the House, to 31 July 2019. Read the
Terms of Reference.
CCC: Current prosecutions
Seven Logan councillors and the suspended mayor to be charged by
the CCC - 26 April 2019.
The suspended Logan mayor and seven current councillors are
expected to be charged with criminal offences by the CCC following
a major corruption investigation into Logan City Council.
More...
CCC Reports: Integrity in procurement decision making:
An audit of Queensland Health and other public sector
agencies
The CCC examined whether Queensland's public health
agencies were demonstrably achieving value for money from their
goods/services contracts. The audit also evaluated how effectively
agencies dealt with allegations of corrupt conduct relating to
procurement and contract management (May 2019).
More...
Published - articles, papers, reports
#WaterMates: the buyers and sellers of Australia's
most controversial water
Maryanne Slattery, Rod Campbell; The Australia Institute:
07 May 2019
The Australia Institute has released this additional analysis of
the controversial $80 million water deal between the Department of
Agriculture and Water and a company domiciled in the Cayman
Islands. More...
Australian government contract management guide
Department of Finance (Australia); Government of
Australia: 07 May 2019
This guide replaces the Australian National Audit Office's
Developing and Managing Contracts Better Practice Guide. It has
been refocused to provide practical process guidance at a
practitioner level for Commonwealth officials who manage contracts.
More...
Making content accessible: a guide to navigating
Australian copyright law for disability access
Jessica Coates, Libby Baulch, Fiona Phillips; Australian
Inclusive Publishing Initiative: 03 May 2019
Making content accessible: a guide to navigating Australian
copyright law for disability access is a guide which provides a
simple summary of the copyright law governing access to material
for people with a disability in Australia. More...
Cases
National Archives Australia and Ronald Price (Freedom of
information) [2019] AICmr
16
Freedom of Information — Vexatious applicant
declaration — Whether person should be declared a vexatious
applicant — Whether person has repeatedly engaged in access
actions that involve an abuse of process — Whether the access
actions harass or intimidate an individual or an employee of an
agency — Freedom of Information Act 1982
(Cth) ss 89K, 89L, 89M
Kraft Foods Group Brands LLC v Bega Cheese Limited (No
8) [2019] FCA 593
COPYRIGHT – whether respondent's use of first
applicant's "shippers" by placing its peanut butter
products in them without permission and selling to supermarkets
constitutes trade mark infringement under s 120(1) of the Trade
Marks Act 1995 (Cth).
Competition and Consumer Act 2010 (Cth), Schedule 2, ss
4(1), 4(2), 17, 18, 22, 109, 210(1)
Trade Marks Act 1995 (Cth), s 120(1);Trademark Act of
1946 (USA), s 43(a)
Venerable Dr Peter Carlsson v Right Reverend John
Ford [2019] FCA 584
HUMAN RIGHTS – application for interim injunction
under s 46PP of the Australian Human Rights Commission Act
1986 (Cth) – where complaint to Australian Human Rights
Commission pending – whether test under s 46PP is the same as
test under s 46PO(6) – where Court proceedings pending
– injunction sought by the applicant granted in part.
Australian Human Rights Commission Act 1986 (Cth) ss 46P,
46PE, 46PF, 46PG, 46PH, 46PO, 46PP
Indigenous Business Australia and 'QB' (Freedom of
information) [2019] AICmr 14
Freedom of Information — Vexatious applicant
declaration — Whether person should be declared a vexatious
applicant — Whether person has repeatedly engaged in access
actions that involve an abuse of process — Whether the access
actions harass or intimidate an individual or an employee of an
agency — Whether the access actions unreasonably interfere
with the operations of an agency — Freedom of Information
Act 1982 (Cth) ss 89K, 89L, 89M
Emmanuel Freudenthal and Department of Foreign Affairs and
Trade (Freedom of information) [2019] AICmr
15
Freedom of Information — Charges — Request for
waiver of charges — Whether giving access to documents is in
the general public interest or in the interest of a substantial
section of the public — Freedom of Information Act
1982 (Cth) ss 29 and 55D
CPB Contractors Pty Limited v Construction, Forestry,
Maritime, Mining and Energy Union [2019]
FCAFC 70
STATUTORY CONSTRUCTION – reference to secondary and
extrinsic materials – when such reference is necessary to
identify the context and purpose of a statutory provision
Lazarus v Independent Commission Against
Corruption [2019] NSWCA 100
JUDICIAL REVIEW – supervisory jurisdiction –
orders of District Court on appeal from Local Court – appeal
against conviction – where appellant failed to appear and
appeal summarily dismissed – whether jurisdictional error
JUDICIAL REVIEW – supervisory jurisdiction – orders of
District Court on appeal from Local Court – appeal against
sentence – where judge correctly understood extent of
available evidence – where evidence from trial voluminous
– where parties directed to put material relied on before the
Court – where parties had sufficient opportunity to do so
– whether jurisdictional error CIVIL PROCEDURE –
recusal application – apprehended bias – where judge
expressed preliminary view as to prospects of success of judicial
review proceeding in interlocutory application to vacate hearing
date – no basis for reasonable apprehension of bias –
no question of principle STATUTORY INTERPRETATION – statute
assumes existence of power – necessary implication –
power impliedly conferred
Heli-Aust Pty Limited v Civil Aviation Safety
Authority [2019] NSWSC 506
PRACTICE AND PROCEDURE — Discovery — Statutory
prohibition on disclosure — Whether the documents contain
"privileged information" — Whether the documents
disclose the contents of a draft report — Whether the
documents contain "restricted information" —
Whether the documents contain "protected confidences"
— Transport Safety Investigation Act 2003 (Cth)
— Evidence Act 1995 (NSW)
Col Jenkins & Associates v Queensland Building and
Construction Commission [2019] QCAT
117
ADMINISTRATIVE LAW – ADMINISTRATIVE TRIBUNALS
– QUEENSLAND CIVIL AND ADMINISTRATIVE TRIBUNAL – where
review about scope of works decision – whether scope of
review limited to determining whether rectification works
reasonable and necessary – where applicant not given
opportunity to review anterior decisions – whether building
performing – relevance of the damage classification tables in
AS2870 – whether rectification works required – whether
bentonite wall surrounding the building reasonable and necessary to
rectify damage. Queensland Civil and Administrative Tribunal
Act 2009 Qld ss 20, 24
Dixonbuild Pty Ltd t/as Dixon Homes v Queensland Building
and Construction Commission & Anor [2019]
QCAT 110
ADMINISTRATIVE LAW – ADMINISTRATIVE TRIBUNALS
– QUEENSLAND CIVIL AND ADMINISTRATIVE TRIBUNAL –
procedure – where applicant seeks to have more than one
expert attend an experts' conclave – where question of
independence of expert – where question of costs of
additional experts – whether discretion to allow additional
experts should be exercised. Queensland Civil and
Administrative Tribunal Act 2009 Qld s 100
Patel v University of Queensland & Anor
[2019] QCAT 108
HUMAN RIGHTS – DISCRIMINATION LEGISLATION –
GROUNDS OF DISCRIMINATION – DISABILITY OR IMPAIRMENT –
EDUCATION INSTITUTIONS – where applicant was a student at the
University of Queensland – where applicant diagnosed with
psychiatric illnesses – where applicant disenrolled from the
University – whether applicant subject by the respondents to
direct and indirect discrimination based on an impairment when
compared to a person in substantially the same position who does
not suffer from this impairment – whether applicant
victimised by the respondents
Curran v yourtown & Anor [2019]
QIRC 59
ANTI-DISCRIMINATION –DISCRIMINATION IN THE WORKPLACE
– where Complainant alleges discrimination on the basis of an
'impairment' – whether 'impairment' was
established for the purposes of the Act – whether
unfavourable treatment existed – whether a 'term' was
imposed
Anti-Discrimination Act 1991 Qld s 6, s 10, 11, s 14, s
108
Flori v Winter & Ors [2019] QSC
106
COMMUNICATIONS LAW – WHISTLEBLOWER PROTECTION AND
PUBLIC INTEREST DISCLOSURE LEGISLATION – determination of a
separate question under r 483 of the Uniform Civil Procedure Rules
1999 (Qld) – where the plaintiff contends the letter was a
public interest disclosure under s 15 of the Whistleblowers
Protection Act 1994 (Qld) (repealed) and therefore the
Public Interest Disclosure Act 2010 (Qld)
STATUTES – ACTS OF PARLIAMENT – INTERPRETATION –
PARTICULAR WORDS AND PHRASES – GENERALLY –
consideration of the meaning of the phrases "breach of the
trust placed in the person" and "misuse of information or
material acquired" in s 14 of the Crime and Misconduct Act
– consideration of the meaning of "a place to which the
public are permitted to have access" for the purposes of s 227
of the Criminal Code – consideration of the meaning of
"use" of a motor vehicle in s 408A(1)(a) of the Criminal
Code
Acts Interpretation Act 1954 Qld s 35C; Public
Interest Disclosure Act 2010 Qld s 42, s 74
Uniform Civil Procedure Rules 1999 Qld r 483; Whistleblowers
Protection Act (Reprint No. 5D) (repealed) 1994 Qld s 3, s
7(2), s 7(3), s 14, s 15, schedule 6
Munro v Dhanush Infotech Pty Ltd
[2019] QDC 67
JUDGMENTS AND ORDERS – SETTING ASIDE JUDGMENT
– FRAUD – where summary judgment was given –
where the applicant says it was obtained by fraud – whether
summary judgment was obtained by fraud - Uniform Civil Procedure
Rules 1999 Qld r 215, r 293, r 667, r 668
Castle v Director of Public Prosecutions
(Cth) [2019] QDC 49
CRIMINAL LAW -APPEAL AND NEW TRIAL – APPEAL-GENERAL
PRINCIPLES – ADMISSION OF FURTHER EVIDENCE – OTHER
MATTERS – where defendant charged with two offences under the
Civil Aviation Regulations 1988 (Cth) – where additional
evidence sought to be relied upon by the appellant in s 222
Justices Act 1886 (Qld)
2rehearing –whether appellant would suffer miscarriage of
justice if additional evidence was not admitted AVIATION –
OFFENCES IN RELATION TO AVIATION – COMMONWEALTH OFFENCES
– PENALTY – where defendant charged with two offences
under the Civil Aviation Regulations 1988 (Cth) – where
learne Appeal allowed
NSW
Johnson v NSW Workers Compensation
Commission [2019] NSWSC 347
ADMINISTRATIVE LAW - Judicial Review - Workplace Injury
Management and Workers Compensation Act 1998 (NSW) -
whether Medical Appeal Panel was correct to apportion whole person
impairment – whether the Medical Appeal Panel has to identify
and state its diagnosis of the plaintiff's condition
Legislation
Commonwealth
Act Compilation
Governor-General Act 1974
03/05/2019 - Act No. 16 of 1974
Regulation
Federal
Court Amendment (Court Administration and Other Measures) Rules
2019
01/05/2019 - The Judges have agreed to amend the FCR 2011
by: 4. amending rules 8.05 and 8.06 consistent with the
implementation in the Court of the National Court Framework for the
more effective, orderly and expeditious discharge of the business
of the Court
Queensland
Bills Updated
Criminal
Code and Other Legislation Amendment Bill 2019
Stage reached: Passed on 1/05/2019
Assent Date: 7/05/2019 Act No: 15 of 2019 Commences: Date of
Assent
Criminal
Code and Other Legislation (Mason Jett Lee) Amendment Bill
2019
Stage reached: 2nd reading failed on 1/05/2019
Electoral
and Other Legislation Amendment Bill 2019
Stage reached: Referred to Committee on 1/05/2019
Criminal
Code (Trespass Offences) Amendment Bill 2019
Stage reached: Referred to Committee on 1/05/2019
Civil Liability (Institutional Child Abuse) Amendment Bill
2018
Stage reached: 2nd reading to be moved on 30/04/2019
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.