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Queensland Government Bulletin

17 March 2020

14 min read

#Government

Queensland Government Bulletin

In the media

New guidelines to combat gendered violence at work
Employers turning a blind eye to gendered violence are on notice, with the Andrews Labor Government introducing new guidance to help eradicate this unacceptable behaviour from Victorian workplaces (13 March 2020).  More...

Katherine gets $92.5 million from class action settlement
Katherine residents will receive $92.5 million as a result of the successful class action against the Federal Government on PFAS contamination. Documents released by the Federal Court of Australia show Katherine is set the receive the biggest chunk of the $212.5 million which was agreed on late last month (11 March 2020).  More...

Overturning previous child abuse settlements
Have your say on potential reforms to empower NSW courts to set aside unjust settlement agreements between child abuse survivors and responsible institutions – that’s the call from Attorney General Mark Speakman today (04 March 2020).  More...

Wage theft. It's a crime
The Palaszczuk Government will introduce legislation to make wage theft a criminal offence. Industrial Relations Minister Grace Grace said amendments to the state Criminal Code will be introduced to tackle wage theft head-on, following a Queensland Parliamentary inquiry (06 March 2020).  More... 

In practice and courts

Coronavirus (COVID-19) precautions at Courts and Tribunals
The Federal Court of Australia, the Family Court of Australia and the Federal Circuit Court have this week issued notices directed at minimising the spread of the virus in the community (March 2020).

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 applies to all PPP500 cases filed on or after 1 March 2020.  More... 

Australian bushfires disaster emergency declaration — Understanding your privacy obligations
The Attorney-General has made the Privacy (Australian Bushfires Disaster) Emergency Declaration (No. 1) 2020 (the emergency declaration) under Part VIA of the Privacy Act 1988 (Cth) (Privacy Act). The emergency declaration was made in response to bushfires in Australia resulting in death, injury and property damage occurring from August 2019 into 2020.The emergency declaration expires on 20 January 2021.

Legal and constitutional affairs references committee
Impact of changes to service delivery models on the administration and running of Government programs
Nationhood, national identity and democracy

Legal and constitutional affairs legislation committee
Federal Circuit and Family Court of Australia Bill 2019 [Provisions] and Federal Circuit and Family Court of Australia (Consequential Amendments and Transitional Provisions) Bill 2019 [Provisions]
Crimes Legislation Amendment (Combatting Corporate Crime) Bill 2019

Queensland

Department of the Premier and Cabinet Consultation
Annual report 2018-19
Feedback survey \ open to 26 June 2020  - help us improve our annual reports so readers can use them more effectively.  More...

QLS: Information for practitioners in response to COVID-19
The latest advice from the Australian Government is that from 16 March 2020, events with 500 attendees or more should not proceed until further notice. People who are unwell should not attend public events. This guidance may change and members should check regularly for latest updates (13 March 2020).  More...

QLS: Warning as to representation of multiple co-accused
Practitioners are reminded of the substantial ethical risks arising from a proposed representation of multiple co-accused in criminal proceedings. Practitioners are referred to Guidance Statement No. 12 – Conflicts of Interest in Criminal and Crime & Corruption Commission Proceedings (Published 6 July 2018) (05 March 2020).  More... 

Queensland Law Society
Guidance Statement No.1—Undertakings
The honouring of undertakings is a necessary incident of the solicitor’s paramount duty to the court and the administration of justice. See Australian Solicitors Conduct Rules 2012 (Rule 3) and other fundamental duties of honesty and integrity (Rule 4).

Court practice notes
Case flow management - Civil jurisdiction - Repeals 17/2012
Supreme Court, 4 of 2020

QAO advice

Observations on ASIC report—oversight of non-financial risk
Published: 12 March 2020
While ASIC’s report was directed at large and listed companies, the report findings may serve as guidance for public sector governance bodies. Entities should review the recommendations against their existing governance practices, accountability structures, and needs of their organisation.  More...

Are your ‘everyday’ internal controls strong enough to prevent a fraud attempt?
Published: 3 March 2020
Frauds are continuing to occur in the Queensland public sector. Fraudsters are targeting entities of all sizes and in all locations. While most losses may be recoverable through insurance, entities could prevent them occurring with strong ‘everyday’ controls.  More... 

CCC investigations
Man from Annandale (Townsville) was charged with further fraud and stealing offences (06 March 2020).  More...

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:  Privacy Authorities Australia working together and PAW 2020
Following the PAA October meeting, Privacy Awareness Week (PAW) will be held across Australia between 4- 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...

OIC: Misuse of Information e-lecture
The misuse of both personal and confidential information by way of unauthorised access, use, and disclosure is a growing concern.  As part of meeting these concerns, OIC has released an e-lecture on the misuse of information (10 March 2020). More...

OIC: Timeframes and work from home and other arrangements
The current disaster events in Queensland may impact on the ability of agencies to meet the timeframes prescribed under the Right to Information Act 2009 (Qld) (RTI Act) and the Information Privacy Act 2009 (Qld) (IP Act) for making decisions and handling privacy complaints (10 March 2020).  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. 

Published - articles, papers, reports

More news is good news: the case against restricting broadcast journalism
Gideon Rozner; Institute of Public Affairs: 09 March 2020
In light of the issues presented by ACMA’s inquiry and the debate around news and the media more broadly, the Institute of Public Affairs has released this research report, which outlines the case against further regulation of broadcasting, as well as several recommendations on the way in which policy-makers can create a stronger news landscape.  More...

Gender inequality in Australia’s labour market: a factbook
Alison Pennington, Jim Stanford; Centre for Future Work: 06 March 2020
This publication outlines evidence on over 60 different statistical indicators of gender inequality in Australia, organised into 18 different subject groupings. It paints a composite picture of how women are blocked from full participation in work and economic activity, experience greater precarity in employment, are paid less for their efforts, and experience other forms of exploitation.  More...

Back to basics: professional conduct in and with the Courts
Speech delivered at judicial CLE session, Cairns, 19 February 2020
Professional  integrity is  essential  for  making  a  good  impression. This  is  especially  true  for  the  courtroom advocate and attendees.  More...

The identity theft response system
Megan Wyre, David Lacey and Kathy Allan, (2020) AIC, Trends and Issues in Crime and Criminal Justice (No. 592)
Identity theft continues to grow in prevalence and complexity. Despite this growth, little is known about the identity theft response system and how it assists victims to recover. This study examines the response system by analysing 211 identity theft cases reported to IDCARE, a national identity and cybercrime victim support service.  More...

Cases

RT' and Australia Taxation Office (Freedom of information) [2020] AICmr 8
Freedom of Information — Whether reasonable steps taken to locate documents — (CTH) Freedom of Information Act 1982 s 24A 

Microflite Helicopter Services and Civil Aviation Safety Authority (Freedom of information) [2020] AICmr 9
Freedom of Information — Access Grant — Whether documents contain commercially valuable information — Whether disclosure would unreasonably affect an organisation in respect of its lawful business affairs — Whether contrary to the public interest to release conditionally exempt documents — (CTH) Freedom of Information Act 1982 ss 11A(5), 47(1)(b), 47G - possible low flying of helicopters filming the 2018 Adelaide 500 Supercars event.

'RU' and Services Australia (Freedom of information) [2020] AICmr 10
Freedom of Information — Whether reasonable steps taken to locate documents — (CTH) Freedom of Information Act 1982 s 24A 

Clime Capital Limited v UGL Pty Limited (No 2) [2020] FCA 257
PRACTICE AND PROCEDURE – application for confidentiality orders over documents filed in support of settlement approval pursuant to s 33V of the Federal Court of Australia Act 1976 (Cth) – whether orders necessary to prevent prejudice to the proper administration of justice – whether orders of indefinite ‘until further order’ appropriate – orders granted
Class Actions Practice Note (GPN-CA) ; Federal Court of Australia Act 1976 (Cth), ss 37AE, 37AF, 37AG(1)(a) and (d) and 37AI 

Harper Property Builders Pty Ltd v Queensland Building and Construction Commission [2020] QCAT 56
CONTRACTS – GENERAL CONTRACTUAL PRINCIPLES – DISCHARGE, BREACH AND DEFENCES TO ACTIONS FOR BREACH – REPUDIATION AND NON-PERFORMANCE – whether notice of intention to terminate contract complied with – what is sufficient notice to the party in breach – reports referred to in notice – Generally – contractual right of termination – whether right to terminate at common law – whether notice effective to terminate on another ground
GENERAL ADMINISTRATIVE REVIEW – Queensland Building and Construction Commission – Home Warranty Insurance Scheme – where homeowners claimed defective building work – whether homeowners had properly terminated the contract – whether homeowners themselves in substantial breach for late payment of invoices – what is substantial breach. Queensland Civil and Administrative Tribunal Act 2009 Qld ss. 19, 20 and 24

Bryant v The Chief Executive, Department of Justice and Attorney-General & Anor [2020] QCAT 58
ADMINISTRATIVE LAW – ADMINISTRATIVE TRIBUNALS – QUEENSLAND CIVIL AND ADMINISTRATIVE TRIBUNAL – Claim Fund under Agents Financial Administration Act 2014 (Qld) – whether ‘claimable event’ – where licensed motor dealer gave form to buyer of second-hand vehicle stating that cooling-off period did not apply and did not state when cooling-off period started or finished – where buyer tried to cancel contract – where seller refused – where motor dealer must comply with legislation regardless of information on Department’s website – where agency’s interpretation of legislation or its representation about application of that legislation cannot override the actual legislation – where Form 12 was defective in a material particular – where ‘honest belief’ is no defence – whether financial loss – where not all costs recoverable – where motor dealer liable to reimburse Claim Fund upon payment to buyer

Crocker v Queensland Building and Construction Commission [2020] QSC 24
ADMINISTRATIVE LAW– JUDICIAL REVIEW– REVIEWABLE DECISIONS AND CONDUCT– DECISIONS TO WHICH JUDICIAL REVIEW LEGISLATION APPLIES– MEANING OF DECISION– where the applicant submits that a series of decisions made by the respondent are invalid on the grounds that there was a failure to accord procedural fairness or that the decision was unreasonable– where the court found that a decision as to the scope of works for the completion or rectification of building work made by the respondent is capable of judicial review– where the court found that each decision to approve the homeowners claim under the statutory insurance scheme is capable of judicial review– where the court found that none of the decisions challenged on the ground of an absence of procedural fairness is capable of judicial review.
ADMINISTRATIVE LAW– JUDICIAL REVIEW– GROUNDS OF REVIEW– UNREASONABLENESS– where the respondent made a decision to make a payment on the claim in respect of the Toowong property– where the respondent was aware that there was a deed of settlement made between the building contractor and the homeowner which released the building contractor from further liability– where there was a delay between the making of the decision and the bringing of the present application– where the court held that the decision was unreasonable. Judicial Review Act 1991 Qld s20, s43

Rainbow Builders Pty Ltd v State of Queensland [2020] QSC 25
ARBITRATION– RECOURSE AGAINST AWARD– GROUNDS FOR REMITTING OR SETTING ASIDE– MISCONDUCT– DENIAL OF NATURAL JUSTICE– where Rainbow Builders applied to set aside the September Award under section 34(2) of the Commercial Arbitration Act 2013 (Qld) – where the State applied to enforce the September Award under section 35 of the Act– where in the alternative the State applied to enforce an earlier award from August 2019– where if the September Award is set aside Rainbow Builders applied for declaratory relief that the August Award is not a final determination– where Rainbow Builders resisted the enforcement of both Awards pursuant to section 36 of the Act– where Rainbow Builders submit that the September Award should be set aside as they did not have a reasonable opportunity to present their case– where Rainbow Builders also submit that the September Award should be set aside as the parties where not treated with equality– where the court ordered that the application be dismissed and the September Award be enforced.

Legislation

Commonwealth

Bills

Telecommunications Legislation Amendment (International Production Orders) Bill 2020
Amends the Telecommunications (Interception and Access) Act 1979 to: provide a framework for Australian agencies to obtain independently-authorised international production orders for interception, stored communications and telecommunications data directly to designated communications providers in foreign countries with which Australia has a designated international agreement; make amendments contingent on the commencement of the proposed Federal Circuit and Family Court of Australia Act 2020; and remove the ability for nominated Administrative Appeals Tribunal members to issue certain warrants. Also amends: six Acts to make consequential amendments; and the Surveillance Devices Act 2004 to correct a drafting error.
House of Representatives 05 March 2020 

National Integrity Commission Bill 2019
The bill: establishes the Australian National Integrity Commission as an independent public sector anti-corruption commission for the Commonwealth; provides for the appointment, functions and powers of the National Integrity Commissioner and commissioners; and makes consequential amendments to the Law Enforcement Integrity Commissioner Act 2006, Ombudsman Act 1976 and Public Interest Disclosure Act 2013.
House of Representatives. Removed from the Notice Paper in accordance with (SO 42) 03 March 2020

Regulation

Telecommunications (Emergency Call Service) Amendment Determination 2020 (No. 1)
06/03/2020 - This instrument amends the Telecommunications (Emergency Call Service) Determination 2019 which imposes requirements on carriers, CSPs and the ECPs in relation to emergency call services.

Remuneration Tribunal Amendment Determination (No. 1) 2020
04/03/2020 - This determination amends the Remuneration Tribunal (Remuneration and Allowances for Holders of Full time Public Office) Determination 2019 and the Remuneration Tribunal (Remuneration and Allowances for Holders of Part time Public Office) Determination 2019.

Queensland

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.

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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