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Queensland Government Bulletin

13 May 2019

#Government

Queensland Government Bulletin

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

Contacts:
Paul Venus, Partner
T: +61 7 3135 0613
Epaul.venus@holdingredlich.com

Stephen Burton, Partner
T: +61 7 3135 0604
Estephen.burton@holdingredlich.com

Suzy Cairney, Partner
T: +61 7 3135 0684
Esuzy.cairney@holdingredlich.com

Trent Taylor, Partner
T: +61 7 3135 0668
Etrent.taylor@holdingredlich.com

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