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Queensland Government Bulletin

18 August 2020

#Government

Queensland Government Bulletin

In the media

Privacy concerns over Australian businesses collecting data for Covid contact tracing
Australian businesses are being warned to be careful about how they collect and store people’s names and phone numbers amid privacy concerns if contact lists are left out in the open, or staff misuse the data (11 August 2020).  More...

Statement from the Attorney-General
The government respects the recommendations of the CCC. However, given the limited time for the parliamentary Legal Affairs Committee to consider the law changes the CCC seeks, the CCC Bill introduced yesterday in State Parliament is withdrawn (14 August 2020).  More...

Queensland Government won't stop media reporting corruption allegations during elections
The controversial proposal to gag media from reporting corruption allegations during election campaigns has been taken "completely off the table,".  In 2016, the CCC recommended a new offence be established in relation to publicising allegations of corrupt conduct during a local government election period (15 August 2020).  More...

Attorney-General wins Supreme Court action to cancel Story Bridge protest
Attorney-General and Minister for Justice Yvette D'Ath has won a Supreme Court action to cancel a mass protest planned on Saturday 8 August at Brisbane's Story Bridge. The Attorney-General was granted injunctive relief in the Queensland Supreme Court under the Attorney-General Act 1999 (10 August 2020).  More...

Judicial Appointment - Chief Judge of the District Court of Queensland
The Attorney-General and Minister for Justice, the Honourable Yvette D’Ath MP, has announced the appointment of His Honour Judge Brian Devereaux S.C., as the new Chief Judge of the District Court of Queensland.  His Honour will take up this new role on Monday 17 August 2020 (13 August 2020).   More...

In practice and courts

High Court (2021 Sittings) Rules 2020
The High Court of Australia has published the High Court (2021 Sittings) Rules 2020, which set out the Court's sitting schedule for 2021. The Rules are available here.

ABA protocols - conduct of judges in Commonwealth courts and AAT
Protocols directed to judicial conduct entered into by the Australian Bar Association with the Federal Court of Australia, the Family Court of Australia, the Federal Circuit Court of Australia and the Administrative Appeals Tribunal have been recently updated. The protocols are no longer restricted to conduct in court. The updated protocols can be accessed here.

Release of personal information under the Privacy Act [NLD]
CDPP: 04 August 2020 - Relevant Australian Privacy Principles, Disclosure  More...

DTA Consultation: Public Beta Style Manual
Would provide feedback from a larger number of users; allow the Agency to test changes already made in response to earlier feedback; and help to improve the Manual before it went live. Read the Style Manual public roadmap (03 August 2020).  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. Issue No. 21/2020, 10 August 2020.  More...

LCA Submissions
10 August 2020— Law Council.  More...

Inquiries and consultations as of 12 August 2020
Insurance Inquiry, Australia Small Business and Family Enterprise Ombudsman.
Inquiry into the human rights of women and girls in the Pacific, Parliamentary Joint Standing Committee on Foreign Affairs, Defence and Trade.
Litigation funding and the regulation of the class action industry, Parliamentary Joint Committee on Corporations and Financial Services (supplementary submission).
News media bargaining code, Australian Competition & Consumer Commission.
Review of AFP Powers, Parliamentary Joint Committee on Intelligence and Security.
Review of ‘Declared Areas’ Provisions, Parliamentary Joint Committee on Intelligence and Security.
Royal Commission into Violence, Abuse, Neglect and Exploitation of People with Disability, Royal Commission.
An Investigation into the effectiveness of ATO communications of taxpayers' rights to complain, review and appeal, Inspector-General of Taxation.
Review into the Framework of Religious Exemptions in Anti-discrimination Legislation, Australian Law Reform Commission.

ACMA position paper: Misinformation and news quality on digital platforms in Australia
A position paper to guide code development—includes a model code framework for consideration, including objectives and outcomes to be achieved for the benefit of Australian users of digital platforms. The ACMA anticipates to have in place a single, industry-wide code by December 2020. The position paper, Misinformation and news quality on digital platforms in Australia - A position paper to guide code development has been published on the ACMA website.

New Law Council of Australia Guidelines - Equitable Briefing Policy
The Law Council’s portal for the annual reporting by Equitable Briefing Policy adoptees (Policy adoptees) will soon open on 1 July 2020. To assist in this process, the Law Council has updated its Equitable Briefing Policy Reporting Template and Guidelines in response to feedback from previous reporting periods. Policy adoptees have until 30 September 2020 to provide their annual report, and will be updated once the portal is opened on 1 July 2020.

Queensland

QLS: Charging Outlays and Disbursements
One of the roles of the Trust Account Investigations (TAI) team of the Queensland Law Society (the Society) is to assist and provide guidance to practitioners and law practices regarding their statutory obligations under the Legal Profession Act 2007 and Legal Profession Regulation 2017 (the Regulation) (05 August 2020).  More...

Supreme Court of Queensland - Protocol for Applications
A notice has been issued by The Honourable Justice Lyons in relation to the protocol for practitioners appearing in Applications. This protocol applies from Monday 10 August 2020 until further notice.

QAO: Returning to the office: does this affect your control environment?
Advice: 7 August 2020
Many people worked from home on a full-time basis due to the COVID-19 pandemic, and are now able to start returning to their workplaces.  More...

QAO Reports
Report 1: 2020–21 Family support and child protection system
This audit assessed how effectively Queensland public sector entities work together for the safety and wellbeing of Queensland children.

QCAT Practice Directions No.7 and No.8
QCAT President, the Hon Justice Martin Daubney AO has issued two new practice directions relating to the Tribunal’s operations during COVID-19 which take effect from 3 August 2020.
Practice Direction No.7 of 2020 replaces Practice Direction No.5 of 2020 and outlines arrangements for all non-urgent minor civil dispute (MCD) matters from 3 August to 31 August 2020. This practice direction does not apply to MCD matters heard by magistrates.
Practice Direction No.8 of 2020 replaces Practice Direction No.4 of 2020, and outlines arrangements for all other matters other than guardianship and minor civil disputes from 3 August to 31 August 2020.

OIC Qld: RTI Fees Increased on 10 August 2020
In line with the Justice Legislation (Fees) Amendment Regulation 2020 the Right to Information Act 2009’s application fee and processing charges increased on 10 August 2020 (11 August 2020).  More...

OIC Qld: Audit report – Disclosure logs - Queensland Government departments
On 11 August 2020, the Chair of the Legal Affairs and Community Safety parliamentary committee tabled our report on how well Queensland Government departments meet the requirements for operating a disclosure log set out in the Right to Information Act 2009 (Qld). More...

Department of the Premier and Cabinet Consultation

Annual report 2019-20 feedback survey
By taking a minute to complete this survey, you will help us improve our annual reports so readers can use them more effectively. Open until 30 June 2021.  More...

COVID-19 Update on Courts, Commissions, Tribunals
See current COVID-19 updates for the Courts, Commissions and Tribunals here.
Additionally, QLS also provides COVID-19 updates specifically relating to property law and criminal law.

Feedback closes for latest Terms of Reference: review of penalties for assaults on police and other frontline emergency service workers, corrective services officers and other public officers
Council would now be turning its attention to producing the final report which is due to the Attorney-General by 31 August 2020. Submissions will be made available prior to the final report being publicly released in September 2020. Preliminary submissions are available on the Council’s website here

Published - articles, papers, reports

Property, Construction and Modern Slavery: Practical responses to managing risks to people
Australian Human Rights Commission and KPMG Australia: August 2020.
The guide is designed to help this industry respond effectively to the Modern Slavery Act 2018 (Cth).
The guide is relevant not only to businesses in the property and construction sector required to report under the Modern Slavery Act but also to their suppliers and investors with assets in the property and construction sector.  More...

Advances to the Finance Minister for the Period 27 June 2020 to 31 July 2020
ANAO Assurance review (Auditor-General Report No. 3 of 2020–21): 13 August 2020
The Auditor-General undertook a limited assurance review of the Department of Finance’s reporting and administration of the Advances to the Finance Minister (AFM) for the Period 27 June 2020 to 31 July 2020.  More...

Australia’s cyber security strategy 2020
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Department of Home Affairs (Australia); Government of Australia: 06 August 2020
Through this strategy, the Australian government will attempt to build trust in the online world by supporting businesses’ cyber resilience, including by sharing threat information, setting clear expectations of roles and strengthening partnerships.  More...

Online fraud victimisation in Australia: Risks and protective factors
Emami, Catherine, Smith, Russell, Jorna, Penny: Australian Institute of Criminology: 31 July 2020 [Latest Update: 10-08-2020]
Online fraud includes dating or romance scams, deceptive sales of products and services, dishonest investment schemes, lottery or inheritance scams, working from home scams or lottery fraud involving false prize draws or sweepstakes. These findings support the development of targeted awareness-raising campaigns focusing on the online behaviour most likely to lead to fraud victimisation.  More...

Cases

'SW' and Australian Criminal Intelligence Commission (No 2) (Freedom of information) [2020] AICmr 36
Freedom of Information — Whether reasonable steps taken to find documents — whether an agency could produce a written document containing the information in discrete form — (CTH) Freedom of Information Act 1982 ss 17 and 24A 

Rex Patrick and Commonwealth Scientific and Industrial Research Organisation (Freedom of information) [2020] AICmr 34
Freedom of Information — Whether material in documents irrelevant to the request — Whether documents contain deliberative matter prepared for a deliberative purpose — Whether contrary to the public interest to release conditionally exempt documents —(CTH) Freedom of Information Act 1982 ss 22, 11A(5) and 47C

Dan Conifer and National Disability Insurance Agency (Freedom of information) [2020] AICmr 33
Freedom of Information — Whether disclosure would damage Commonwealth-State relations — Whether documents contain deliberative matter prepared for a deliberative purpose —Whether contrary to the public interest to release conditionally exempt documents — (CTH) Freedom of Information Act 1982 —ss 11A(5), 47B, 47C and 55D 

'SV' and Services Australia (Freedom of information) [2020] AICmr 32
Freedom of Information — Whether reasonable steps taken to locate documents — Whether disclosure would have a substantial adverse effect on the proper and efficient conduct of the operations of an agency — (CTH) Freedom of Information Act 1982 ss 24A and 47E(d)

RSA Express Pty Ltd v Guilfoyle [2020] FCA 1157
CONSTITUTIONAL LAW  – consideration of an application to dismiss paragraphs of an amended Statement of Claim which seek to plead relief based upon facts said to give rise to a claim of invalidity arising by operation of s 109 of the Constitution – consideration of a claim said to arise under s 117 of the Constitution – consideration of a claim said to arise under s 46(1)(a) of the Competition and Consumer Act 2010 (Cth)

TX Australia Pty Limited v Australian Competition and Consumer Commission [2020] FCA 1100
COMMUNICATIONS LAW – administrative law  – broadcasting services – dispute between owner of broadcasting transmission towers and access seeker – access sought by third party on behalf of access seeker – third party acting as agent of access seeker – whether Australian Competition and Consumer Commission had jurisdiction to arbitrate a dispute – cl 47(1), (1A) and (2) of Sch 4 to the Broadcasting Services Act 1992 (Cth) – jurisdictional facts – whether there was failure of agreement between owner and access seeker about terms and conditions of access – whether there was failure of agreement between owner and access seeker about appointment of arbitrator – application dismissed 

Clarence City Council v Commonwealth of Australia [2020] FCAFC 134
HIGH COURT AND FEDERAL COURT – jurisdiction of the Federal Court – power to award declaratory relief – nature of a declaratory judgment – standing to seek declaratory relief – discretion to award declaratory relief – municipal councils seek declaration in respect of the interpretation and application of leases to which they are not a party – leases between Commonwealth and corporate lessees of airports – contractual mechanism for payment of rates, land tax and other taxes by lessees to councils – mechanism contemplates that councils will participate in, and derive benefits under, the leases – Commonwealth and lessees in agreement as to calculation of payments – councils dispute calculation of payments – whether councils have standing to seek declaratory relief – whether councils have a sufficient interest in declaratory relief – whether “matter” arises under laws made by Commonwealth Parliament
CONSTITUTIONAL LAW – judicial power of the Commonwealth – requirement for a “matter” – whether there is a “matter” before the Court – whether there is a justiciable controversy – whether there is an enforceable right, duty or liability to found a “matter”
Held: appeals allowed – notices of contention dismissed – a “matter” exists before the court – councils have standing to seek declaratory relief – councils have real commercial and practical interest in declaratory relief
Airports Act 1996 (Cth); Airports (Transitional) Act 1996 (Cth); Commonwealth Places (Application of Laws) Act 1970 (Cth), s 4; Federal Court of Australia Act 1976 (Cth), ss 19(1), 21, 23; Fire Service Act 1979 (Tas), Div 3 of Pt VI; Judiciary Act 1903 (Cth), ss 39(1B), s 39A(1A), 39B(1A), 78B; Local Government Act 1993 (Tas), s 93A
Valuation of Land Act 2001 (Tas) 

Chugha and Comcare (Compensation) [2020] AATA 2835
The Reviewable Decision of the Respondent dated 4 April 2018 is set aside.
It is directed that within 14 days of the date of this determination each party may apply to the Tribunal for orders in
Application to cease payments – psychiatric injury – credit in dispute – Facebook and social media – hearing via Microsoft Teams – decision under review set aside
The proceedings took place pursuant to the COVID-19 Special Measures Practice Direction –   Freedom of Information  , General and Veterans’ Appeals Divisions (“COVID-19 Practice Direction”) given under s 18B of the Administrative Appeals Tribunal Act 1975 dated 27 April 2020

AB v CD [2020] QCAT 295
ADMINISTRATIVE LAW – ADMINISTRATIVE TRIBUNALS – QUEENSLAND CIVIL AND ADMINISTRATIVE TRIBUNAL – minor civil dispute – where collection agent for applicant filed application for minor debt at Southport Registry of Tribunal - where collection agent not a party to the proceeding – where collection agent did not apply for leave to represent applicant – whether leave should be granted
ADMINISTRATIVE LAW – ADMINISTRATIVE TRIBUNALS – QUEENSLAND CIVIL AND ADMINISTRATIVE TRIBUNAL – minor debt claim – where applicant claimed child support payment pursuant to federal legislation – where child support amount deemed owing – where neither applicant nor respondent resident in Queensland – where respondent did not file a Response – whether applicant entitled to a default decision
ADMINISTRATIVE LAW – ADMINISTRATIVE TRIBUNALS – QUEENSLAND CIVIL AND ADMINISTRATIVE TRIBUNAL – minor debt claim – jurisdiction – where no part of applicant’s cause of action arose within Queensland – where collection agent’s address the only connection with Queensland – whether the Queensland Civil and Administrative Tribunal a court or court of summary jurisdiction for purposes of federal legislation providing for collection and recovery of child support money owing – whether the Tribunal has jurisdiction
ADMINISTRATIVE LAW – ADMINISTRATIVE TRIBUNALS – QUEENSLAND CIVIL AND ADMINISTRATIVE TRIBUNAL – minor debt claim – exercise of jurisdiction – whether the Tribunal ought to exercise jurisdiction
Australian Constitution 1901 Cth Chapter III, s 109; Acts Interpretation Act 1901 Cth s 2B, s 15AB, s 15C
Acts Interpretation Act 1954 Qld Schedule 1; Child Support (Registration and Collection) Act 1988 Cth s 3, s 4, s 104, s 113, s 113A, s 116; Human Rights Act 2019 Qld s 25, Judiciary Act 1903 Cth s 32, s 39

Middleton v Mirvac Real Estate Pty Ltd [2020] QCAT 289
HUMAN RIGHTS – DISCRIMINATION LEGISLATION – INDIRECT DISCRIMINATION – where complainant says he has post-traumatic stress disorder associated with fear of dogs – where shopping centre permits companion dogs to enter – whether complainant has established attribute of impairment – whether unlawful discrimination
Anti-Discrimination Act 1991 Qld s 7(h), s 11 

Chilcott v South West Hospital and Health Service [2020] QSC 232
ADMINISTRATIVE LAW – REASONS FOR ADMINISTRATIVE DECISIONS – REQUEST FOR REASONS – where the applicant was employed under an agreement to provide his services to a hospital service in accordance with the terms of a locum agreement – where the applicant’s locum assignments were terminated by the respondent – where the applicant requested administrative access to all files that related to his employment as a locum – where the first respondent refused the request – where the applicant made an application under s 38 of the Judicial Review Act 1991 (Qld) for a written statement in relation to a decision – whether s 38 did not apply because the refusal was not a decision made under an enactment – where the court found that the refusal was not a decision made under an enactment.
ADMINISTRATIVE LAW – REASONS FOR ADMINISTRATIVE DECISIONS – REQUEST FOR REASONS – whether the applicant was a health service employee appointed under the Hospital and Health Boards Act 2011 (Qld) entitled to relevant documents under the Public Service Regulation 2018 (Qld) – where the court found that the applicant was not a health service employee.
Information Privacy Act 2009 Qld s 42; Judicial Review Act 1991 Qld s 4, s 31, s 32, s 38; Public Service Act 2008 Qld; Public Service Regulation 2008 Qld s 12; Public Service Regulation 2018 Qld s 1, s 14, s 17, s 19, s 22, schedule 3; Right to Information Act 2009 Qld; Statutory Instruments Act 1992 Qld s 14 ,schedule 1

Legislation 

Commonwealth

Act Compilation

Crimes Act 1914
08/08/2020 - Act No. 12 of 1914 as amended

Criminal Code Act 1995
05/08/2020 - Act No. 12 of 1995 as amended

Freedom of Information Act 1982
05/08/2020 - Act No. 3 of 1982 as amended

Freedom of Information Act 1982  

Regulations

High Court (2021 Sittings) Rules 2020
13/08/2020 - This instrument appoints the High Court days of sitting for 2021.

Queensland

Bills updated
Disability Services and Other Legislation (Worker Screening) Amendment Bill 2020
Stage reached: 2nd reading to be moved on 3/08/2020

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.

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