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Queensland Government Bulletin

11 November 2019

#Government

Queensland Government Bulletin

In the media

Applicants forced to give blood tests, waive privacy rights to work on Shell's QGC project
A company working on the Shell-owned Queensland Gas Corporation project tells job applicants they will not be accepted until they submit to blood tests to check if they are at risk of heart attack, high cholesterol and other conditions (31 October 2019).  More... 

HRLC: Queensland Government reforms to cut the influence of money in politics could be a game changer
The Palaszczuk Government’s announcement today that it will limit political donations and spending in Queensland elections has the potential to be a game changing reform to strengthen Queensland democracy (29 October 2019).   More... 

Record year in fight against wage theft
The Ombudsman’s annual report revealed that Fair Work Inspectors recovered more than $40 million for 18,000 under-paid employees — the highest total recoveries figure in the regulator’s history (28 October 2019).  More... 

Surveillance device use under more scrutiny
Major crime and corruption lawyer Don McKenzie has been appointed as the first Surveillance Devices Commissioner in NSW, Attorney General Mark Speakman announced today. The establishment of a Surveillance Devices Commissioner is part of the NSW Government’s response to the Ombudsman’s Operation Prospect probe into conduct of state law enforcement officers during investigations between 1999 and 2002 (27 October 2019).  More... 

First prosecution under Queensland’s pioneering industrial manslaughter laws
In a first for Queensland, the Work Health and Safety Prosecutor has commenced a prosecution against Brisbane Auto Recycling Pty Ltd  and the company directors for industrial manslaughter under the Work Health and Safety Act 2011. This the first prosecution for industrial manslaughter in Queensland and is the result of a comprehensive investigation into the fatality. (25 October 2019).  More... 

In practice and courts

High Court of Australia
High Court of Australia Bulletin [2019] HCAB 8 (25 October 2019)

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. 44/2019,  4 November 2019.   More... 

AHRC: Submission date extended for the National Conversation - have your say
The Australian Human Rights Commission has extended the date to hear from anyone on the key human rights priorities for Australia into the future. Submissions for the Free and Equal: An Australian conversation on human rights project will be kept open until 29 November 2019 (08 November 2019).  More... 

Federal Court of Australia - National Defamation Practice Note
09 November 2019 - The practice note for the conduct of defamation proceedings in the Federal Court has now been finalised, following consultation with the profession. The Practice Note will take effect from 12 November 2019, and to the extent practicable, will apply to all defamation proceedings, whether commenced before or after 12 November 2019.  More... 

Joint communiqué from Australia's anti-corruption Commissioners
This communiqué addresses practical measures by which corruption may be detected, exposed and prevented (29 October 2019).  More... 

Current Consultations

Legal and Constitutional Affairs References Committee – November 2019
Impact of changes to service delivery models on the administration and running of Government programs
Nationhood, national identity and democracy
Native Title Legislation Amendment Bill 2019
Customs Amendment (Product Specific Rule Modernisation) Bill 2019 [Provisions]
Crimes Legislation Amendment (Sexual Crimes Against Children and Community Protection Measures) Bill 2019 [Provisions]

OAIC: Consultation opens on draft privacy rules|
The OAIC is seeking feedback over its draft Privacy Safeguard Guidelines. The planned rules apply to the Consumer Data Right (CDR) regime, which aims to provide Australians with greater choice and control over how their data will be used and disclosed. The CDR scheme will be rolled out in February, starting with the banking sector. Closing date for submissions is November 20. Click here for more details.

ACMA: The form of records kept by broadcasters
Consultation closes: 08 November 2019
We’ve decided to update the instrument that sets out the form of the records broadcasters need to keep. A draft of the updated instrument can be downloaded here

Inquiry into the impact of the exercise of law enforcement and intelligence powers on the freedom of the press
The inquiry was referred by the Attorney-General, The Hon Christian Porter MP who noted that the Government will consider proposals from media organisations and interested bodies which aim to ensure the right balance is struck between a free press and keeping Australians safe.  For further information about the inquiry see the full terms of reference. As agreed by the Attorney-General, the reporting date for this inquiry has been extended to 28 November 2019. 

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...

Queensland

Chief of Family Court concedes the need for more judges and opens door for a Federal Judicial Commission to stop political appointments
Australia’s Federal Circuit and Family Courts need up to five new judges, would benefit from considerable additional funding, and are moving fast to clear a backlog of delayed judgements, according to the court’s chief judge (31 October 2019). More... 

QLS: Parliamentary update for 22–24 October 2019

A number of key legislative reforms were passed in Parliament last week, including: 
Civil Liability and Other Legislation Amendment Bill 2018
Workers' Compensation and Rehabilitation and Other Legislation Amendment Bill 2019 
Summary Offences and Other Legislation Amendment Bill 2019
(30 October 2019).   More... 

Where next for law reform? Final Report Launch
Australian Law Reform Commission - Speakers include Justice Sarah Derrington, President of the ALRC, and the Hon Michael Kirby, inaugural Chairman of the ALRC. The launch will be held at the Harry Gibbs Commonwealth Law Courts Building, North Quay, on 2 December 2019.  More... 

Published - articles, papers, reports

Twitter is banning political ads – but the real battle for democracy is with Facebook and Google
Johan Lidberg from Monash University,The Conversation November 01, 2019
Banning political advertising only deals with a symptom of the democratic flu the platforms are causing. The root cause of the flu is the fact social media platforms are no longer only platforms – they are publishers. Until they acknowledge this and agree to adhere to the legal and ethical frameworks connected with publishing, our democracies will not recover.  More... 

Implementation of the Digital Continuity 2020 policy
Australian National Audit Office: 31 October 2019
The objective of this audit was to examine the extent to which Australian Government entities have implemented the Digital Continuity 2020 policy, and how effectively the National Archives of Australia is monitoring, assisting, and encouraging entities to meet the specified targets of the policy.  More... 

Royal Commission into Aged Care Quality and Safety interim report: Neglect
Royal Commission into Aged Care Quality and Safety: 31 October 2019
The Royal Commission’s Interim Report lays the foundations for the fundamental reform and redesign of Australia’s aged care system. It is clear that a fundamental overhaul of the design, objectives, regulation and funding of aged care in Australia is required – not merely patching up.  More... 

Joining the dots: 2018 census of the Australian health justice landscape
Suzie Forell, Marie Nagy; Health Justice Australia: 30 October 2019
Health justice partnerships are collaborations that embed legal help into healthcare settings, joining the dots between the legal and social problems that make or keep people unwell.  More... 

What children and young people in juvenile justice centres have to say
Advocate for Children and Young People (NSW): 29 October 2019
This report details the findings from ACYP consultations with children and young people in Juvenile Justice Centres between 2015 and 2019. ACYP consulted with young people in detention to inform the development of New South Wales' first Strategic Plan for Children and Young People.  More... 

Addressing and preventing sexist advertising: an analysis of local and global promising practice
Lauren Gurrieri, Rob Hoffman; RMIT University: 29 October 2019
This research paper explores the efficacy of interventions that aim to address sexism or promote progressive gender representations in advertising, highlighting examples of local and global promising practice. 

Australian Journal of Administrative Law update: Vol 26 Pt 3
November 4, 2019 - This Part includes the following articles: “A Typology of Materiality” – Paul Daly; “Failure to Adhere to Policy: A Category of Jurisdictional Error?” – Patrick McCabe; and “Creating a Framework for Evaluating the ‘Effectiveness’ of the Commonwealth Ombudsman” – Jeremy (Wei Peng) Soh

Journal of Judicial Administration update: Vol 29 Pt 1
October 24, 2019 - The latest Part of the Journal of Judicial Administration includes the following articles: “Protecting Victims and Vulnerable Witnesses Participating in Royal Commissions: Lessons from the 2016–2017 Royal Commission into the Protection and Detention of Children in the Northern Territory” – Taylah Cramp and Anita Mackay; and “Robo-Judge: Common Law Theory and the Artificially Intelligent Judiciary” – Meena Hanna.

Australian Bureau of Statistics
01/11/2019 Gender Indicators, Australia, Nov 2019 (cat no. 4125.0)

Cases

Australian Copyright Council: Roadshow Films Pty Limited v Telstra Corporation Limited [2019] FCA 1328
Roadshow Films, applying with other companies with copyright interests in cinematograph films, sought an injunction under section 115A of the Copyright Act 1968 (Cth) against websites located outside Australia accused of infringing, or facilitating the infringement of, copyright
In determining whether to grant the injunction, the Court can take a number of matters into account as specified in section 115A(5). The websites were found to infringe copyright flagrantly, they had directories of motion pictures and television programs and they displayed a disregard for copyright generally (28 October 2019) 

Callychurn and Australian Securities and Investments Commission [2019] AATA 4543
CORPORATIONS — consumer credit — application for review of decision prohibiting applicant from engaging in any credit activities for a specified period under s 80(1) of the National Consumer Credit Protection Act 2009 (Cth)
JURISDICTION — scope of review on remittal – order that the matter be remitted to the Tribunal for further consideration in accordance with law — no express or implied limitation — matter remitted is the whole matter — matter remitted is not confined to the question of law considered – new grounds and evidence raised before this Tribunal on review following remittal
Acts Interpretation Act 1901 (Cth), s 2C(1); Administrative Appeals Tribunal Act 1975 (Cth), ss 43, 43(1)

Matthews v Markos [2019] FCA 1827
HUMAN RIGHTS — application for leave to commence proceedings under s 46PO(3A)(a) of the Australian Human Rights Commission Act 1986 (Cth) — where Australian Human Rights Commission terminated the complaint primarily on the basis that it was filed more than 12 months after the alleged discrimination took place — whether application arguable and not fanciful — delay not such as to render it inappropriate to grant leave – leave granted nunc pro tunc

Mendonca v Tax Practitioners Board [2019] FCA 1757
ADMINISTRATIVE LAW — challenge to a decision of the Tax Practitioners Board pursuant to the Administrative Decisions (Judicial Review) Act 1977 (Cth) and s 39B of the Judiciary Act 1903 (Cth) — Board exercised discretion not to investigate conduct that may breach the Tax Agent Services Act 2009 (Cth) — whether jurisdictional error — whether Board understood nature or scope of the discretion – decision set aside

Mullen v Aged Care Quality and Safety Commissioner [2019] FCA 1726
ADMINISTRATIVE LAW — freedom of information - where applications made for access to information under Freedom of Information Act 1982 (Cth) — secrecy provisions under Part 6.2 of Aged Care Act 1997 (Cth) — exempt documents — whether information protected information - whether information protected on basis it related to affairs of an approved provider - whether potential for disclosure upon application under Aged Care Act and in discretion of Secretary of Department of Social Services relevant to protected status of information - statutory construction
Administrative Appeals Tribunal Act 1975 (Cth) s 44
Aged Care Act 1997 (Cth) ss 2, 3-1, 3-2, 3-3, 3-4, 86-1, 86‑2, 86-3, 86-9, Parts 6.2, 6.3, Schedule 1
Freedom of Information Act 1982 (Cth) ss 3, 40, 11, 11A, 16, 38, 47E, 47F, 54L, 55G, 55K, 57A, 60, 93A, Parts III, IV, VII, Schedule 3 

Fisher v Queensland Building and Construction Commission [2019] QCAT 323
ADMINISTRATIVE LAW  — ADMINISTRATIVE TRIBUNALS  — QUEENSLAND CIVIL AND ADMINISTRATIVE TRIBUNAL  — when a person is a ‘person affected’ by a decision of the QBCC  — standing to appeal a QBCC decision  — complaint by a member of the public  — complaint against a QBCC licence-holder  — complaint against a building certifier
Building Act 1975 Qld s 90, Schedule 2; Queensland Building and Construction Commission Act 1991 Qld s 74F, 86(1)(j), s 86C(3), s 86E(b), s 87; Queensland Civil and Administrative Tribunal Act 2009 Qld

Johnson v Workers’ Compensation Regulator [2019] QSC 264
ADMINISTRATIVE LAW — JUDICIAL REVIEW — REVIEWABLE DECISIONS AND CONDUCT — REVIEWABLE CONDUCT — where WorkCover Queensland initially accepted the applicant’s claim for compensation for psychiatric injuries suffered during her employment at Townsville Hospital — where Townsville Hospital applied to the respondent Regulator for review of WorkCover’s decision to accept the applicant’s claim on the grounds that the decision was made without all relevant information, namely without the Hospital’s investigation report — where the Hospital’s application did not enclose said investigation report, only indicating that a copy of the report was forthcoming — where the Hospital investigation’s report was later provided to the respondent Regulator, by which time the applicant argues the Hospital’s application was out of time – whether the Hospital’s application to the respondent Regulator met the requirements of s 542(5) of the Workers’ Compensation and Rehabilitation Act (Qld) – whether s 542(5)(c) is to be construed as imposing a permissive or mandatory requirement on applicants to attach material documents to the application for review

Legislation

Commonwealth

Acts
Crimes Legislation Amendment (Police Powers at Airports) Act 2019
30/10/2019 - Act No. 89 of 2019 as made

Bills
Crimes Legislation Amendment (Police Powers at Airports) Bill 2019
Assent Act no: 89 Year: 2019  28 October  2019
Amends the: Crimes Act 1914 to: broaden existing identity check provisions and create offences and powers in relation to identity check, move-on and ancillary directions by constables and protective services officers at Australia’s major airports; and Australian Federal Police Act 1979 to provide that the offence of contravening an identity check or move-on direction is a protective service offence for the purposes of the Act.

Regulations
Taxation Administration Amendment (Updating the List of Exchange of Information Countries) Regulations 2019
01/11/2019 - This instrument amends the Taxation Administration Regulations 2017 to add eight countries to the list of foreign countries and foreign territories specified to be ‘information exchange countries’ for the purposes of subsection 12-385(4) of Schedule 1 to the Taxation Administration Act 1953.

AusCheck Legislation Amendment (Major National Events) Regulations 2019
01/11/2019 - These regulations amend the AusCheck Regulations 2017 to provide for the establishment and operation of the AusCheck scheme for major national events purposes, and amend the Crimes Regulations 2019 to provide additional exclusions from the spent convictions scheme.

Crimes Amendment (National Disability Insurance Scheme—Worker Screening) Regulations 2019
31/10/2019 - These regulations prescribe a person or body in New South Wales, South Australia, Tasmania and the Australian Capital Territory to be authorised to receive, use and disclose spent, pardoned and quashed convictions 

Queensland

Bills
Criminal Code (Trespass Offences) Amendment Bill 2019
Introduced by: Mr D Last MP on 1/05/2019
Stage reached: 2nd reading to be moved on 1/11/2019

Weapons and Other Legislation (Firearms Offences) Amendment Bill 2019
Introduced by: Mr T Watts on 1/05/2019
Stage reached: 2nd reading to be moved on 1/11/2019

Police Powers and Responsibilities and Other Legislation Amendment Bill
Introduced by: Hon M Ryan MP on 18/09/2019
Stage reached: 2nd reading to be moved on 4/11/2019

Police Service Administration (Discipline Reform) and Other Legislation Amendment Bill 2019
Stage reached: Passed with amendment on 17/10/2019
Assent Date: 30/10/2019 Act No: 32 of 2019 Commences: Date of Assent
The Bill contains the amendments necessary to implement the proposed police discipline system and will ensure the public's confidence in the QPS is maintained, provide efficiencies in the investigation of complaints and hearing of allegations, educate officers and improve their performance, and suitably discipline officers, if required.

Electoral and Other Legislation Amendment Bill 2019
Stage reached: Passed with amendment on 16/10/2019
Assent Date: 30/10/2019 Act No: 31 of 2019 Commences: by Proclamation
This Bill was passed on 16 October 2019 but is yet to receive Royal Assent. The Bill implements important reforms to improve the integrity, transparency and public accountability of the state's electoral system.

Summary Offences and Other Legislation Amendment Bill 2019
Stage reached: Passed with amendment on 24/10/2019
Assent Date: 30/10/2019 Act No: 35 of 2019 Commences: Date of Assent
This Act amends the Police Powers and Responsibilities Act 2000, the State Penalties Enforcement Regulation 2014 and the Summary Offences Act 2005 to address the use of dangerous attachment devices.

Civil Liability and Other Legislation Amendment Bill 2018
Stage reached: Passed with amendment on 23/10/2019
Assent Date: 30/10/2019 Act No: 34 of 2019 Commences: see Act for details
The Act introducies a reverse onus under which an institution must prove it took reasonable steps to prevent the sexual abuse of a child in its care and establishes a statutory framework for the nomination of a proper defendant by an unincorporated institution to meet any liability incurred by the institution. 

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 newsletter is accurate at the date it is received or that it will continue to be accurate in the future.

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