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Queensland Government Bulletin

08 July 2019

#Government

Queensland Government Bulletin

In the media

Organisation World Peace: Israel Folau and the future of free speech
This controversial case has highlighted the conflict between freedom of religion and freedom of speech in Australia, and points to some systemic flaws in Australia’s constitution to protect fundamental human rights. Australia is the sole democracy in the western world who has not enshrined any form of federal charter of human rights- freedoms enjoyed by citizens are those dictated by the constitution (05 July 2019).  More... 

Individuals who encourage trespass, property damage or theft on farm land could soon face up to five years jail.
The new criminal offence comes with penalties of up to five years imprisonment, and follows an earlier move by the Government to prescribe activist group Aussie Farms under the Privacy Act – exposing it to potential penalties of up to $2.1 million if found to be in breach of the Act (05 July 2019).  More...  

Review of Supreme and District Courts to consider 'limiting jury use'
A review aimed at reducing delays in criminal proceedings in the NSW Supreme and District Courts will consider "limiting jury use" in some cases (04 July 2019).  More...

CCC: 30 years since the Fitzgerald Inquiry
It's been 30 years since Tony Fitzgerald QC provided the Queensland Government with the findings of the Commission of Inquiry into Possible Illegal Activities and Associated Police Misconduct. However, we face new challenges across the entire public sector. Advancements in technology and the ability to access vast amounts of information present significant corruption risks when confidential information is accessed and misused (02 July 2019).  More...   

Law Council of Australia: Commonwealth, states and territories must lift minimum age of criminal responsibility to 14 years, remove doli incapax
Every Australian jurisdiction should lift the minimum age of criminal responsibility to 14 years to improve justice outcomes for vulnerable children and remove the need for the fraught doli incapax presumption, according to the Law Council (26 June 2019).  More... 

Law Council of Australia: Unfair criticism and sexist attack on High Court Judges should not be tolerated
The front-page story of the Courier Mail, which attacks the spouse travel allowances of spouses of High Court of Australia Judges, is unfair and sexist. The Law Council of Australia is especially disappointed the spouse of the High Court of Australia’s Chief Justice has unfairly been drawn into the media report regarding travel expenses (25 June 2019).  More... 

In practice and courts

ANAO Performance audit in-progress: Defence’s management of its public communications and media activities
Due to table: December, 2019: The objective of this audit is to assess the effectiveness and appropriateness of the Department of Defence’s (Defence’s) management of its public communications and media activities.  More... 

Criminal Code Amendment (Agricultural Protection) Bill 2019 [Provisions]
The bill would amend the Criminal Code Act 1995 to introduce two new offences relating to the use of a carriage service to incite trespass, property offences, or other offences on agricultural land. On 4 July 2019 the Senate referred the provisions of the Criminal Code Amendment (Agricultural Protection) Bill 2019 to the Legal and Constitutional Affairs Legislation Committee for inquiry and report by 6 September 2019. The deadline for submission to the inquiry is 31 July 2019.  More... 

Ministers of State (Checks for Security Purposes) Bill 2019
On 4 July 2019, the Senate referred the Ministers of State (Checks for Security Purposes) Bill 2019 for inquiry and report by 11 November 2019. The closing date for submissions is 23 August 2019.  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, including immigration and citizenship. Issue No. 26/2019, 1 July 2019.  More...  

HCA Bulletins
High Court of Australia Bulletin [2019] HCAB 5 (24 June 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.  More...

Queensland

Queensland Courts: Regulated fee increase
The Governor in Council approved an increase to court fees from 1 July 2019. The new fees are contained in the Justice Legislation (Fees) Amendment Regulation 2019 and are outlined here

Courts: Working with interpreters in Queensland courts and tribunals
On 28 June, the Supreme Court of Queensland issued the Guideline for Working with Interpreters in Queensland Courts and Tribunals. The purpose of the guideline is to identify the adopted parts of the Recommended National Standards. It also clarifies the obligations of courts, tribunals, judicial officers, legal practitioners and other parties when working with interpreters.

Queensland Human Rights Commission
On 1 July, the Anti-Discrimination Commission Queensland changed its name to the Queensland Human Rights Commission. Visit the new Queensland Human Rights Commission website for more details here

Queensland Parliament
04 July 2019 Report - No. 41, 56th Parliament - Oversight of the Office of the Information Commissioner
Legal Affairs and Community Safety Committee - Oversight of the Office of the Information Commissioner - 2019 inquiry

CCC Investigations
Council employee charged with fraud offences - 29 June 2019
Councillor charged with official corruption - 27 June 2019

OIC Queensland: Public release of government-held information
Queensland agencies such as the Mental Health Review Tribunal, Office of the Health Ombudsman and Energy and Water Ombudsman have been making progress in proactive release and administrative access. Find out how they are demonstrating good practice and read other case studies by visiting our Tell us your story campaign page (01 July 2019). 

OIC Queensland Decisions
F80BBD and Queensland Police Service [2019] QICmr 23 (21 June 2019) | Office of the Information Commissioner Queensland

QAO Report No 21: Delivering forensic services
Tabled date 27 June 2019 Sector(s) Community Services, Police, prosecutors, and the courts rely on a range of forensic services to help them identify, exonerate, prosecute and convict people suspected of committing crimes. Forensic services involve analysing many different types of physical evidence such as drugs, fingerprints, and blood.  More... 

Criminal Code (Trespass Offences) Amendment Bill 2019
The Legal Affairs and Community Safety Committee has been referred the above Bill . The committee is due to report by 1 November 2019. Access the explanatory notes

Youth Justice and Other Legislation Amendment Bill 2019
The Youth Justice and Other Legislation Amendment Bill 2019 has been referred to the Legal Affairs and Community Safety Committee for consideration. The Bill proposes to amend the Youth Justice Act 1992, the Bail Act 1980 and the Police Powers and Responsibilities Act 2000. Access the explanatory notes . Feedback closed on 4 July 2019

Update: Queensland Sentencing Advisory Council: Intermediate sentencing options and parole
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

Cases

Masson v Parsons [2019] HCA 21
Appeal allowed. Constitutional law (Cth) – Courts – Federal courts – Federal jurisdiction – Matter arising under Commonwealth law – Where Commonwealth law provides rules in respect of parentage of children born of artificial conception procedures – Where State law provides irrebuttable presumption that biological father of child conceived by fertilisation procedure is not father in specified circumstances – Whether s 79(1) of Judiciary Act 1903 (Cth) operates to pick up and apply text of State law as Commonwealth law – Whether State law regulates exercise of jurisdiction – Whether Commonwealth law has "otherwise provided" within meaning of s 79(1) of Judiciary Act – Whether tests for contrariety under s 79(1) of Judiciary Act and s 109 of Constitution identical – Whether State law applies of its own force in federal jurisdiction. Family law – Parenting orders – Meaning of "parent" – Where Family Law Act 1975 (Cth) presumes best interests of child served by shared parental responsibility – Where s 60H of Family Law Act provides rules in respect of parentage of children born of artificial conception procedures 

The Environmental Group Ltd v Bowd [2019] FCA 951
INDUSTRIAL LAW – termination of employment – where employee reported in a CEO report financial irregularities to the board – where employee made a complaint to the Australian Securities and Investments Commission alleging serious fraud within the company before completion of an audit
CORPORATIONS – protection for whistleblowers – whether employee had reasonable grounds to suspect contraventions of the Corporations Act 2001 (Cth) – whether disclosure was made in good faith – whether complaint was made for a secondary purpose
COPYRIGHT – acts not constituting copyright infringement – whether copying was done for the purposes of a judicial proceeding – whether the possibility of a future proceeding is sufficient for the purposes of s 43 of the Copyright Act 1968 (Cth) 

Lisa Martin and Department of Home Affairs (Freedom of Information) [2019] AICmr 47
Freedom of Information — Whether disclosure could cause damage to the international relations of the Commonwealth — Whether disclosure would have a substantial adverse effect on the management or assessment of personnel — Whether disclosure of personal information is unreasonable — Whether disclosure would unreasonably affect an organisation in respect of its lawful business affairs — Whether contrary to public interest to release conditionally exempt documents — (CTH) Freedom of Information Act 1982 ss 11A(5), 33(a)(iii), 47E(c), 47F, 47G(1)(a) and 55D(1) – set aside

Leet v Queensland Building and Construction Commission [2019] QCAT 163
ADMINISTRATIVE LAW – ADMINISTRATIVE TRIBUNALS – QUEENSLAND CIVIL AND ADMINISTRATIVE TRIBUNAL – where direction to rectify issued to company – where former director of company seeks review – whether applicant has standing. Queensland Building and Construction Commission Act 1991 Qld ss 72AA, s 73, s 87 

Jones v Psychology Board of Australia [2019] QCAT 162
ADMINISTRATIVE LAW – ADMINISTRATIVE TRIBUNALS – QUEENSLAND CIVIL AND ADMINISTRATIVE TRIBUNAL – APPLICATION TO EXTEND A TIME LIMIT – where the applicant applied to extend the time limit within which to file an Application to review a decision – where the application is not opposed
ADMINISTRATIVE LAW – ADMINISTRATIVE TRIBUNALS – QUEENSLAND CIVIL AND ADMINISTRATIVE TRIBUNAL – APPLICATION TO STAY A DECISION – where the applicant applied to stay the decision of the Psychology Board of Australia to impose conditions on his registration – where the applicant has applied to the Tribunal for review of the decision – whether desirable to grant a stay. Health Practitioner Regulation National Law 2018 Qld ss 3, 178; Queensland Civil and Administrative Tribunal Act 2009 Qld ss 22, 61

Legislation

Bills

Australian Security Intelligence Organisation Amendment (Sunsetting of Special Powers Relating to Terrorism Offences) Bill 2019
House of Representatives Introduced and read a first time  04 July 2019 Second reading moved 04 July 2019
The Australian Security Intelligence Organisation Amendment (Sunsetting of Special Powers Relating to Terrorism Offences) Bill 2019 (the Bill) amends the Australian Security Intelligence Organisation Act 1979 (ASIO Act) to extend the operation of the Australian Security Intelligence Organisation’s (ASIO) questioning, and questioning and detention powers in Division 3 of Part III of the ASIO Act, for a further 12 months.

Criminal Code Amendment (Agricultural Protection) Bill 2019
House of Representatives Introduced and read a first time  04 July 2019 Second reading moved 04 July 2019
This Bill would amend the Criminal Code Act 1995(Criminal Code)to introduce two new offences relating to the incitement of trespass or property offences on agricultural land.

Queensland

Subordinate legislation as made - 28 June 2019
No 113 Civil Liability and Other Legislation (Prescribed Amounts) Amendment Regulation 2019
No 115  Proclamation No. 1—Working with Children (Risk Management and Screening) and Other Legislation Amendment Act 2019 (commencing certain provisions)
No 125 Disability Services and Other Legislation (NDIS) Amendment Regulation 2019
The objectives of this Regulation are to expand the scope of who is required to obtain a yellow card or blue card under the primary Acts; provide a four month transition period for new NDIS non-government service providers to become compliant with the screening requirements;

Note: 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.

Disclaimer
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