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Queensland Government Bulletin

01 October 2019

#Government

Queensland Government Bulletin

In the media

Building a Safer And More Secure Youth Justice System
Consistent with recommendations from the Armytage/Ogloff Youth Justice Review and Strategy, the Labor government will adopt an interim youth justice system configuration (house males aged 15-18)  when the Cherry Creek facility is completed and continue operation of the Parkville and Malmsbury Youth Justice Centres (27 September 2019).   More...

Ombudsman at pains over torture protocol
An Ombudsman’s report on Australia’s readiness to implement an international agreement against torture and other cruel punishment has found it to be lacking in oversight and scope (26 September 2019).  More...

Telco complaints get harder to resolve
The TIO report highlights the growth of complex complaints, which leave some customers with issues unresolved for too long; pointing to the need for redoubled effort by service providers and the Ombudsman (25 September 2019).   More... 

HRLC: Safe access zone bill in South Australia welcome, but amendments needed
Laws that promote the safety, dignity and privacy of women accessing reproductive healthcare could soon be a reality in South Australia (25 September 2019).  More... 

Conflict of interest guidelines updated
The Governance Institute of Australia has updated its public sector guidelines for managing conflict of interest, taking into account new recommendations by the NSW Independent Commission Against Corruption (23 September 2019).  More... 

ACMA takes action against Sydney-based telco Infinity Telecom
The Australian Communications and Media Authority (ACMA) has taken action against Sydney-based telco Infinity Telecom for breaching industry rules requiring them to have mandatory information for consumers available on their website (20 September 2019).   More... 

Royal commission targets NDIS providers
A “substantial number” of the largest NDIS providers will be ordered by the disability Royal Commission to provide information relating to complaints, investigations and reported incidents of violence and abuse. Senior Counsel Assisting Rebecca Treston said the commission had compulsory powers to gather information and evidence (19 September 2019).  More...

Slavery in modern Australia': Sacked Uber Eats worker's case challenges gig economy
A delivery driver suing Uber Eats for underpayment and unfair dismissal has found support from the union movement, which says it is time to treat gig workers as employees (16 September 2019).  More... 

Government seeks to restore clarity to personal leave entitlements
The Morrison Government will seek leave, in the High Court, to appeal a recent Full Federal Court decision, which has sparked confusion and uncertainty around the way sick and carers leave entitlements should be calculated. (16 September 2019).  More...

In practice and courts

Draft Religious Freedom Bills
The Australian Government invites submissions on a package of legislative reforms on religious freedom. These are the: Religious Discrimination Bill 2019; Religious Discrimination (Consequential Amendments) Bill 2019 and Human Rights Legislation Amendment (Freedom of Religion) Bill 2019. The draft Bills are available on the Attorney-General's Department website. Submissions on the Bills close on 2 October 2019. 

OAIC Guide to privacy regulatory action
Guide to privacy regulatory action has been updated to provide greater clarity about matters considered by the Commissioner regarding enforceable undertakings and independent experts. The update follows a review of similar policies and enforceable undertakings in relation to other regulatory areas within the Commonwealth (28 August 219).  More...

Queensland

Court Appointments
27 September 2019 Appointment of new Deputy Chief Magistrate 

Youth Justice and Other Legislation Amendment Act 2019
The Act was recently passed, amending the Youth Justice Act 1992, the Police Powers and Responsibilities Act 2000, the Public Guardian Act 2014 and the Bail Act 1980 to make a number of important reforms. These include removing legislative barriers that may contribute to children being refused bail, breaching bail conditions or remaining in detention on remand for an extended period. The Act and Explanatory Notes are available online.

Criminal Practice Rules 1999 and Uniform Civil Procedure Rules 1999 - Forms - Forms 04 Sep 2019
The following forms have been approved:
Criminal Practice Rules 1999
Form 23 - Notice to be served with Form 21 Subpoena Version 4 approved on 3/09/2019
Form 24 - Notice to be served with Form 22 Subpoena  Version 3 approved on 3/09/2019
Uniform Civil Procedure Rules 1999
Form 10C - Notice to defendant served outside the jurisdiction Version 1 approved on 3/09/2019 

Published - articles, papers, reports

Deepfakes and cheap fakes
Britt Paris, Joan Donovan; Data & Society Research Institute: 18 September 2019
In this report, the authors trace decades of audiovisual (AV) manipulation to demonstrate how evolving technologies aid consolidations of power in society. Deepfakes, they find, are no new threat to democracy.  More...

Cases

National Australia Bank Limited v Nautilus Insurance Pte Ltd (No 2) [2019] FCA 1543
COURTS AND JUDGES – jurisdiction – where applicant initiated proceeding in Insurance List seeking declaratory relief in relation to the proper construction of policies of insurance and reinsurance – where respondents filed interlocutory applications seeking orders that the originating application be set aside pursuant to r 13.01 of the Federal Court Rules 2011 (Cth), or that the proceeding be dismissed pursuant to s 31A(2) of the Federal Court of Australia Act 1976 (Cth), or an order for summary judgment pursuant to r 26.01 of the Federal Court Rules 2011 (Cth) – whether the Court has jurisdiction to hear the underlying construction proceeding – whether there exists a matter arising under a law of the Parliament – whether the underlying construction proceeding is in respect of a matter arising under a law of the Parliament – whether declaratory relief inappropriate due to hypotheticality and/or inutility – interlocutory applications dismissed with costs
Australian Constitution, ss 75, 76; Federal Court of Australia Act 1976 (Cth), ss 19, 21, 22, 23, 31A; Insurance Contracts Act 1984 (Cth), ss 54, 57; Judiciary Act 1903 (Cth), s 39B(1A); Supreme Court Act 1970 (NSW), ss 63, 75; Federal Court Rules 2011 (Cth), rr 9.21, 13.01, 16.21, 26.01

Legislations

Acts  

Criminal Code Amendment (Agricultural Protection) Act 2019
24 September 2019 - Act No. 67 of 2019 as made - Amends the Criminal Code Act 1995 to introduce two new offences in relation to the incitement of trespass or property offences on agricultural land

Combatting Child Sexual Exploitation Legislation Amendment Act 2019
20 September 2019 - Assent Act no: 72 of 2019 - The Bill protects children from sexual exploitation by improving the Commonwealth framework of offences relating to child abuse material, overseas child sexual abuse, forced marriage, failing to report child sexual abuse and failing to protect children from such abuse.

Royal Commissions Amendment (Private Sessions) Act 2019
16 September 2019 - Act No. 64 of 2019 as made

Regulation

High Court of Australia Regulations 2019
25/09/2019 - These regulations repeal the High Court of Australia Regulations 2000 which sunset on 1 October 2019 and remake them with an increase in the prescribed amount from $1,000,000 to $2,000,000. The effect of this change will be that Ministerial approval is required before the High Court may enter into a contract for any amount above $2,000,000.

Queensland

Bills

Child Death Review Legislation Amendment Bill
Introduced by: Hon Y D'Ath MP on 18/09/2019
Stage reached: Referred to Committee on 18/09/2019
The policy objective of the Amendment Bill  is to implement the recommendation of the Queensland Family and Child Commission report entitled 'A systems review of individual agency findings following the death of a child', and give effect to the Government's commitment to develop a new, independent model for reviewing child death cases.

Police Powers and Responsibilities and Other Legislation Amendment Bill
Introduced by: Hon M Ryan MP on 18/09/2019
Stage reached: Referred to Committee on 18/09/2019

Electoral (Voter's Choice) Amendment Bill
Introduced by: Mr D Janetzki on 18/09/2019
Stage reached: Referred to Committee on 18/09/2019

Disclaimer
The information in this publication is of a general nature and is not intended to address the circumstances of any particular individual or entity. Although we endeavour to provide accurate and timely information, we do not guarantee that the information in this publication is accurate at the date it is received or that it will continue to be accurate in the future. We are not responsible for the information of any source to which a link is provided or reference is made and exclude all liability in connection with use of these sources.

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