'Risky', 'unrealistic': MPs hit back at call to ditch religious discrimination bill
Coalition MPs and church leaders want to persist with the controversial religious discrimination bill, warning "we should not let perfect be the enemy of the good" (13 February 2020). More...
Six new judicial appointments for Victoria
The Andrews Labor Government has announced the appointments of Leveasque Peterson as a Coroner and Julian Hetyey as an associate judge of the Supreme Court, in addition to the appointments of Hayley Bate, Justin Foster, Michael Richards and Elizabeth Langdon as Magistrates (11 February 2020). More...
LCA: High Court decision natural outcome of Mabo
The Law Council of Australia has welcomed a landmark High Court decision confirming that the Australian Parliament cannot use the “aliens” power to make laws for Aboriginal Australians. Law Council President said the decision of the High Court in Love v Commonwealth of Australia; Thoms v Commonwealth of Australia flows from the Mabo (No. 2) decision in 1992 (11 February 2020). More...
We must do better on children's rights
Australia’s first Children’s Commissioner, Megan Mitchell has launched her final report – one of the most comprehensive assessments of children’s rights ever produced in Australia. The report makes clear that the mental health of Australian children is not being cared for sufficiently and that Governments must do more to ensure children’s wellbeing (10 February 2020) . More...
New ACLEI commissioner appointed
Attorney-General Christian Porter is pleased to announce that Ms Jaala Hinchcliffe has been appointed to lead the Australian Commission for Law Enforcement Integrity (ACLEI) (07 February 2020). More...
LCA: Corporate criminal responsibility
A key concern for the Law Council was the proposed model for reforming the attribution of criminal responsibility to both bodies corporate and individual officers within corporations.The Australian Law Reform Commission will deliver its Final Report on the 30 April 2020 (06 February 2020). More...
QLS welcomes first solicitor appointed to Supreme Court in more than six years
Highly-respected Brisbane lawyer Frances Williams has become the first member of the solicitor’s branch of the legal profession to be appointed to the Supreme Court bench since August 2013 (06 February 2020). More...
Practice Direction - Federal Circuit Court of Australia
This practice direction sets out guiding principles for case management arrangements for cases that meet the definition of a Priority Property Pool under $500,000 Case (PPP500). All steps taken in proceedings before the Court in these cases, including commencing proceedings, should follow these principles. This practice direction takes effect from the date that it is issued and, to the extent practicable, applies to all PPP500 cases filed on or after 1 March 2020 (07 February 2020). More...
Queensland
Queensland courts
05 February 2020 New Supreme Court Justices appointed
Attorney-General and Minister for Justice Yvette D'Ath has announced the appointment of two new Justices to the Supreme Court Trial Division: Frances Williams and Peter Callaghan SC.
CCC investigations
No corrupt conduct identified in Moreton Bay Regional Council’s agreement with Moreton Bay Region Industry and Tourism (MBRIT) - 07 February 2020
OIC Qld: Review of civil surveillance and privacy laws
An amendment to the terms of reference noted the QLRC will provide a report to the Attorney-General and Minister for Justice and Leader of the House by 28 February 2020. As part of the review, the QLRC has been asked to prepare draft legislation based on its recommendations (11 February 2020). More...
OIC Qld: Camera surveillance – OIC’s recent audit findings
Queensland government agencies that operate camera surveillance systems must manage the associated personal information in line with their legislative obligations, under the Information Privacy Act 2009 (IP Act) and the Right to Information Act 2009 (RTI Act). This includes how they collect, store, access, use and disclose personal information . See our 10 years on report and Camera Surveillance and Privacy audits (11 February 2020). More...
QAO: Learnings for ICT projects
Advice: 6 February 2020
In March 2019, the Queensland Under Treasurer referred concerns to the Auditor-General about the delivery of the State Penalties Enforcement Registry (SPER) Reform Program. More...
QAO Reports
Report 11: 2019–20: Queensland Government state finances: 2018–19 results of financial audits
Tabled date: 11 February 2020. More...
Report 10: 2019–20: Effectiveness of the State Penalties Enforcement Registry ICT reform
Tabled date: 6 February 2020. More...
Queensland Parliament: Current inquiries
Electoral and Other Legislation (Accountability, Integrity and Other Matters) Amendment Bill 2019 and Inquiry into the feasibility of introducing expenditure caps for Queensland local government elections
Economics and Governance Committee Submissions close on 09 February 2020. The Report was due 07 February 2020.
OIC QLD: Privacy Authorities Australia working together and PAW2020
Following the PAA October meeting, Privacy Awareness Week (PAW) will be held across Australia between 4 to 10 May 2020. In Queensland, the theme for PAW2020 is Be smart about privacy. More...
OIC: Access application handling training
We are offering access application handling training on 26 March 2020 to help government agencies comply with their legislative requirements. More...
Requests for comment: Queensland Law Reform Commission: Consent and mistake of fact review
Terms of Reference here. The Commission is to provide a report on the outcomes of the review to the Attorney-General and Minister for Justice by 17 April 2020.
'RP' and Department of Defence (Freedom of information) [2020] AICmr 5
Freedom of Information — Whether disclosure of personal information is unreasonable — Whether contrary to public interest to release conditionally exempt documents — (CTH) Freedom of Information Act 1982, ss 11A(5) and 47F
Choice Pharmacy Vincentia Pty Ltd v Australian Community Pharmacy Authority [2020] FCA 93
ADMINISTRATIVE LAW – partial hearing of application for judicial review of recommendation to approve and approval to supply pharmaceutical benefits from particular premises – whether recommendation and approval were authorised by the National Health Act 1953 (Cth) – whether there was no evidence or other material to justify the recommendation and approval – whether premises are a “large medical centre” under National Health (Australian Community Pharmacy Authority Rules) Determination 2011 – meaning of requirement that premises must operate “for at least 70 hours each week”
Administrative Decisions (Judicial Review) Act 1977 (Cth) s 5
National Health Act 1953 (Cth) ss 90, 99J, 99K, 99L
Flanagan v Gee & Anor [2020] QCAT 36
ADMINISTRATIVE LAW – ADMINISTRATIVE TRIBUNALS – QUEENSLAND CIVIL AND ADMINISTRATIVE TRIBUNAL
POLICE – INTERNAL ADMINISTRATION – DISCIPLINE AND DISMISSAL FOR MISCONDUCT – QUEENSLAND – where a police officer pointed a firearm at a citizen, used coarse language, and handcuffed the citizen in the course of a road traffic interception – where the police officer was convicted of assault and deprivation of liberty – where a disciplinary declaration as to dismissal was made by a Deputy Commissioner of the Queensland Police Service after a police officer had resigned – whether dismissal is the appropriate sanction – whether a suspended sanction could be imposed
Biancotto v Department of Transport and Main Roads [2020] QCAT 33
ADMINISTRATIVE LAW – ADMINISTRATIVE TRIBUNALS – QUEENSLAND CIVIL AND ADMINISTRATIVE TRIBUNAL – where tribunal has jurisdiction to review some driver licensing decisions – whether tribunal can review cancellation of driver licence based on interstate disqualification
Queensland Civil and Administrative Tribunal Act 2009 Qld s 9(1)
Hoogendoorn v State of Queensland & Ors [2020] QCAT 24
ADMINISTRATIVE LAW – ADMINISTRATIVE TRIBUNALS – QUEENSLAND CIVIL AND ADMINISTRATIVE TRIBUNAL – where applicant seeks leave to use a statement prepared for use in proceedings before the Tribunal for another purpose – where use of statement for another purpose opposed by its author – where implied undertaking or obligation imposed by law not to use documents disclosed for any other purpose – whether rule extends to witness statements – whether undertaking may be released or modified - where no special circumstances exist to grant leave – application dismissed
Queensland Civil and Administrative Tribunal Act 2009 Qld s 218
Oakhaul Pty Ltd v Department of Education [2020] QCAT 27
ADMINISTRATIVE LAW – ADMINISTRATIVE TRIBUNALS – QUEENSLAND CIVIL AND ADMINISTRATIVE TRIBUNAL – where childcare regulator cancelled service approval on health and safety grounds – whether cancellation decision should be stayed pending review
Queensland Civil and Administrative Tribunal Act 2009 Qld s 22; Education and Care Services National Law (Queensland) 2011 Qld s 77, s 79(1)
Australia Pacific LNG Pty Limited & Ors v The Treasurer, Minister for Aboriginal and Torres Strait Islander Partnerships and Minister for Sport [2020] QCA 15
ADMINISTRATIVE LAW – JUDICIAL REVIEW – REVIEWABLE DECISIONS AND CONDUCT – GENERALLY – APPEAL OF DECISION TO DISMISS APPLICATION – where the appellants are a producer of liquefied natural gas and were liable to pay royalties – where the Petroleum and Gas (Production and Safety) Regulation 2004 (Qld) holds that a producer can apply to the Minister for a decision about how one or more of the components of the wellhead value of petroleum disposed by the producer must be worked out for a particular period – where the appellants applied to the Minister for a decision – where the Minister’s decision was challenged in the matter below – where the challenge was successful and the decision was set aside – where the learned trial judge dismissed an application by the appellants for a declaration that the Minister had adopted a method which was not capable of determining what the Regulation requires, namely “the amount that the petroleum could reasonably be expected to realise if it was sold on a commercial basis” – where the appellants appeal against the dismissal of the application – whether the learned trial judge should have allowed the application
APPEAL AND NEW TRIAL – APPEAL - GENERAL PRINCIPLES – INTERFERENCE WITH DISCRETION OF COURT BELOW – IN GENERAL – OTHER MATTERS
Commonwealth
Student Identifiers Amendment (Enhanced Student Permissions) Bill 2019
Introduced Senate 11/02/2020 - Amends the Student Identifiers Act 2014 to: allow any entity to request access to an individual's authenticated vocational education and training (VET) transcripts (or extract), where that access is permitted by the access controls set by the individual; and introduce new civil penalties in relation to further applications for student identifiers, alteration of authenticated VET transcripts and representing that a non-authentic document is an authenticated VET transcript (or extract).
Regulation
Privacy (Credit Reporting) Code 2014 (Version 2.1)
14/02/2020 - This instrument is a written code of practice about credit reporting under s 26N(1) of the Privacy Act 1988 as amended by the Privacy Amendment (Enhancing Privacy Protection) Act 2012.
The CR Code V2.1 repeals and replaces the Previous Code to clarify obligations under the Previous Code, reflect current industry practice and ensure consistency with the provisions in the Privacy Act.
Marriage (Celebrant Professional Development) Statement 2020
13/02/2020 - This instrument provides Commonwealth registered marriage celebrants with a list of activities to choose from to complete their ongoing professional development obligations for 2020.
Competition and Consumer (Consumer Data Right) Rules 2020
05/02/2020 - This instrument prescribes the Consumer Data Right as an economy-wide reform that will apply sector-by-sector, starting with the banking sector. The Competition and Consumer (Consumer Data Right) Rules 2020 deal with aspects of the Consumer Data Right regime as provided in Part IVD of the Competition and Consumer Act 2010, including the accreditation process, the use and disclosure of CDR data, dispute resolution, and rules in relation to the Privacy Safeguards.
Queensland
Subordinate legislation as made – 14 February 2020
No 10 Electoral and Other Legislation Amendment Regulation 2020
Reminder: Proclamation - Civil Liability and Other Legislation Amendment Act 2019 (commencing remaining provisions) 2020 (Qld)
The date of 2 March 2020 is fixed for the commencement of the provisions of the Civil Liability and Other Legislation Amendment Act 2019 that are not in force.
Bills
Child Death Review Legislation Amendment Bill
Introduced by: Hon Y D'Ath MP on 18/09/2019
Stage reached: Passed on 5/02/2020
Assent Date: 13/02/2020 Act No: 2 of 2020
Commences: by Proclamation
Criminal Code (Child Sexual Offences Reform) and Other Legislation Amendment Bill 2019
Introduced by: Hon Y D'Ath MP on 27/11/2019
Stage reached: 2nd reading to be moved on 7/02/2020
Electoral and Other Legislation (Accountability, Integrity and Other Matters) Amendment Bill 2019
Introduced by: Hon Y D'Ath MP on 28/11/2019
Stage reached: 2nd reading to be moved on 7/02/2020
Electoral Legislation (Political Donations) Amendment Bill 2018
Introduced by: Mr M Berkman MP on 16/05/2018
Stage reached: 2nd reading adjourned on 4/02/2020
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.
