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Queensland Government Bulletin

20 July 2021

#Government

Queensland Government Bulletin

In the media

Sports rorts: Coalition blocking release of Phil Gaetjens’ secret report, citing cabinet exemption
Bridget McKenzie claims the report  was prepared mainly for the purposes of cabinet. Submissions from the Department of Prime Minister and Cabinet to the OAIC argue the document is covered by cabinet-in-confidence, exempting it from release through FoI (18 July 2021).  More...

Expectations for telcos dealing with vulnerable consumers
The Australian Communications and Media Authority (ACMA) is looking to improve the way the telco sector supports consumers in vulnerable circumstances, with a proposed Statement of Expectations for the industry released for consultation (14 July 2021).  More...

Law Council calls for more clarity about proposed family violence regimes
While the Law Council of Australia strongly supports the intent of the Family Law Amendment (Federal Family Violence Orders) Bill 2021, there are several issues within the legislation that need clarification, n how the proposed scheme will actually work and how it would interact with existing state and territory Family Violence Order regimes (14 July 2021).  More...

HRLC: Shield laws needed in Queensland to protect journalist sources
The Human Rights Law Centre is urging the Queensland Government to introduce robust new shield laws to protect the identity of journalists’ confidential sources (14 July 2021).  More...

Strengthening Australia’s cyber security regulations and incentives
On 13 July 2021, the Australian Government opened consultation on options for regulatory reforms and voluntary incentives to strengthen the cyber security of Australia’s digital economy. This work forms part of Au​stralia’s Cyber Security Strategy 2020 and also responds to recommendations of the 2020 Cyber Security Strategy Industry Advisory Panel (13 July 2021).  More...

New campaign to shine a light on advance life planning
A new community awareness campaign to understand advance life planning will help protect Queenslanders and their loved ones from the risk of elder abuse in later stages of life, Attorney-General Shannon Fentiman said (12 July 2021).  More...

Court shows sexual harassment will not be tolerated
The Law Council of Australia acknowledges the statement of the Chief Justice and Chief Judge of the Federal Circuit Court of Australia in relation to two complaints against a Judge of that Court. The Law Council President, commends the Court for its detailed investigations and inquiry process, including the appointment of three independent former judges and a counsel-assisting, which may well be a first in the federal courts (08 July 2021).  More...

HRLC: Australia rejects UN call to raise the age of criminal responsibility
The Australian Government has refused to accept the calls of dozens of countries to stop imprisoning children under the age of 14 years old, and to raise the age of criminal responsibility (08 July 2021).  More...

HRLC: Australian government ignores key recommendations from major UN human rights review
The Australian government has been criticised for failing to accept critical recommendations from a major UN review into its human rights record (08 July 2021).  More...

Privacy Act review delayed as reforms stall
A significant review of the Privacy Act has been delayed, with a discussion paper still yet to be released 18 months after it was launched, while draft legislation introducing a new penalty scheme for data breaches announced well over two years ago still hasn’t been produced (08 July 2021).  More...

New appointments to Anti-Corruption Watchdog
The Andrews Labor Government has appointed two new Deputy Commissioners to the Independent Broad-based Anti-Corruption Commission (IBAC) – further strengthening the agency’s vital oversight role (07 July 2021).  More...

HRLC: Lack of oversight and transparency in prison disciplinary processes: Ombudsman finds
Aboriginal and Torres Strait Islander, legal, human rights and civil liberties organisations have called on the Andrews government to take urgent steps to increase transparency and prevent mistreatment behind bars after a new report has highlighted serious weaknesses in disciplinary processes in Victorian prisons (07 July 2021).  More...

LCA: Call for tighter reins on powers in an emergency
While on one hand the Act could provide benefit in a time of crisis, it could if not revised, potentially remove or compromise important provisions in the Freedom of Information Act 1982 (Cth), Privacy Act 1988 (Cth), Australian Human Rights Commission Act 1986 (Cth) and Australian Information Commissioner Act 2010 (Cth) impacting on the broader rights of individuals (05 July 2021).  More...

In practice and courts

Strengthening Australia’s cyber security regulations and incentives: Discussion paper
Interested stakeholders are invited to provide a submission to the discussion paper, Strengthening Australia’s cyber security regulations and incentives. Submissions on the discussion paper can be made via our submission form before 27 August 2021. Read the Strengthening Australia’s cyber security regulations and incentives — Quick summary.  More...

Proposed amendments to the Legal Profession Uniform Conduct (Barristers) Rules 2015
The Australian Bar Association invites comments and submissions on a proposal to amend Rules 123 and 125 of the Legal Profession Uniform Conduct (Barristers) Rules Submissions shold be sent to the Australian Bar Association on or before 2 August 2021.  More...

Commonwealth Parliamentary review now open for submissions and interviews: Sex Discrimination
The AHRC is inviting contributions for its Independent Review into Commonwealth Parliamentary Workplaces, accepting written contributions from groups covered by the Review’s Terms of Reference. The Review aim is to ensure all Commonwealth Parliamentary workplaces are safe and respectful and that our national Parliament reflects best practice. Make a written submission via here. Submissions on the Consultation Paper closed on 9 July. View the Consultation Paper here.

ACMA Consultations

Proposal to remake the anti-terrorism standards - consultation 22/2021
The anti-terrorism standards for narrowcast television services are due to sunset on 1 October 2021. We are seeking your views on remaking the standards in a single instrument with only minor changes. Closing date 21 July 2021.  More...

Consumer vulnerability: expectations for the telco industry - consultation 27/2021
We want to create a statement of expectations for the telco industry to improve outcomes for vulnerable consumers. Closing date 08 September 2021  More...

Have your say on national child protection framework
People can now contribute to the development of a five-year plan that will help deliver the next National Framework for Protecting Children by ‘having their say’ online. People can get involved in the online consultation by providing feedback through the Australian Government’s Department of Social Services Engage here. The public consultation closes on 26 July. To have your say click here.

Law Council update
The Law Council produces a fortnightly newsletter which highlights the Law Council's important activities and advocacy, along with any relevant media and events stakeholders would be interested in.  More...

Law Council of Australia submissions

08 July 2021— Law Council
National Register of Enduring Powers of Attorney

08 July 2021— Law Council
Judicial Impartiality: Consultation Paper

06 July 2021— Law Council
Guaranteeing a minimum return of class action proceeds to class members

AAT: Translation of fact sheets
12/07/2021 – AAT has translated some fact sheets into selected languages.  

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. 14/2021, 12 July 2021.  More...

OAIC: Our FOI disclosure log
The information described in our disclosure log has been released by the OAIC under the Freedom of Information Act 1982 (FOI Act): Updated May 2021.  More...

Legal and Constitutional Affairs Legislation Committee

Family Law Amendment (Federal Family Violence Orders) Bill 2021 [Provisions]
On 13 May 2021, the Senate referred the provisions of the Family Law Amendment (Federal Family Violence Orders) Bill 2021 to the Legal and Constitutional Affairs Legislation Committee for inquiry and report by 29 July 2021.

Constitution Alteration (Freedom of Expression and Freedom of the Press) 2019
Status: Accepting Submissions Date Referred: 17 June 2021 Submissions Close: 20 August 2021
Reporting Date: 31 December 2021.

Courts and Tribunals Legislation Amendment (2021 Measures No. 1) Bill 2021
Status: Accepting Submissions Date Referred: 24 June 2021 Submissions Close: 15 July 2021
Reporting Date: 13 August 2021.

Select Committee on Foreign Interference through Social Media
Select Committee on Foreign Interference through Social Media to inquire into and report on the risk posed to Australia’s democracy by foreign interference through social media. The committee is to present its final report on or before the second sitting day of May 2022 The closing date for submissions is 31 October 2021.  More...

Queensland

OIC Qld Privacy case note #1, 2021: Agency discloses information about debt to estranged family member
Case notes are examples of how we work to resolve privacy complaints made to us. They are real cases that our Office has worked on and they are intended to give practitioners an idea of how we apply the Information Privacy Act 2009 (Qld) in resolving privacy disputes between complainants and respondent organisations or agencies (07 July 2021).  More...

CCC: Queensland Publications

Conflicts of interest and disclosing confidential information — grounds for dismissal
06 July 2021 - This Prevention in focus highlights the importance of appropriately dealing with a conflict of interest.  More...

Practice Directions: District Court of Queensland Practice Direction 7 of 2021 - 12 July 2021
Intermediaries.  More...

QAO: Financial reporting requirements (FRRs) and the new accounting standards 2021
Published: 7 July 2021 - Queensland Treasury’s Financial Reporting Requirements for Queensland Government Agencies (FRRs) for 2020–21 are available on Treasury’s website.  More...

Department of Justice and Attorney-General - Recording and transcription services
The Department of Justice and Attorney-General is moving to a new way of delivering recording and transcription services across Queensland Courts and Tribunals. For information on the changes, due to be implemented by the end of 2021, please refer here (June 2021).

Reminder: Commission into Institutional Responses to Child Sexual Abuse
The scheme aims to overcome communication barriers and create a more accessible justice system by providing intermediaries to assist witnesses with communication needs to give their best evidence. The scheme will commence in Brisbane and Cairns in July 2021 and will operate as a two-year pilot program.

Published - articles, papers, reports

Annual Audit Work Program 2021–22
ANAO: 6 July 2021
The annual audit work program (AAWP) is designed to reflect the ANAO’s audit strategy and inform the Parliament, government entities and the public of the planned audit coverage for the Australian Government sector. The AAWP is also designed to anticipate and respond to current and emerging risks and challenges impacting on public administration.  More...

Working better
Wage Inspectorate Victoria: 08 July 2021
From July 2021, it becomes a crime for an employer in Victoria to dishonestly withhold wages or other employee entitlements. This kit provides a suite of resources in a variety of formats to communicate these new laws. More...

Cases

Mario Christodoulou and Department of the Prime Minister and Cabinet (Freedom of information) [2021] AICmr 36
Freedom of Information — Whether documents subject to legal professional privilege — Whether disclosure of personal information unreasonable — Whether disclosure would have substantial adverse effect on the proper and efficient conduct of the operations of the agency — 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 42, 47F, 47E and 47G

'XN' and Australian Federal Police (Freedom of information) [2021] AICmr 35
Freedom of Information — Whether documents subject to legal professional privilege — Whether documents contain deliberative matter prepared for a deliberative process —Whether disclosure would have a substantial adverse effect on the management of personnel — Whether disclosure of personal information unreasonable — Whether contrary to the public interest to release conditionally exempt documents — (CTH) Freedom of Information Act 1982 ss 42, 47C, 47E(c), 47F and 11A(5) 

Josh Taylor and Minister for Foreign Affairs (Freedom of information) [2021] AICmr 33
Freedom of Information — Whether reasonable steps taken to find documents — (CTH) Freedom of Information Act 1982 s 24A 

Rex Patrick and Services Australia (Freedom of information) [2021] AICmr 32
Freedom of Information — Whether document was brought into existence for the dominant purpose of submission for consideration by Cabinet — (CTH) Freedom of Information Act 1982 — ss 34(1)(a) and 34(3)

Stefania Maurizi and Department of Foreign Affairs and Trade (Freedom of information) [2021] AICmr 31
Freedom of Information — Whether disclosure would cause damage to international relations of the Commonwealth — Whether disclosure would divulge information communicated in confidence by a foreign government — Whether disclosure would have a substantial adverse effect on the proper and efficient conduct of the operations of an agency — Whether disclosure of personal information is unreasonable — Whether contrary to the public interest to release conditionally exempt documents — (CTH) Freedom of Information Act 1982 ss 11A(5), 33(a)(iii), 33(b), 47E(d) and 47F

'XM' and Australian Financial Security Authority (Freedom of information) [2021] AICmr 30
Freedom of Information — Whether reasonable steps taken to locate documents — (CTH) Freedom of Information Act 1982 s 24A 

'XL' and Comcare (Privacy) [2021] AICmr 29
Privacy — Privacy Act 1988 (Cth) — Australian Privacy Principles — APP 10 — APP 13 — Inaccuracies in an Independent Medical Expert report for tribunal proceedings — Whether reasonable steps taken to ensure accuracy — Whether failure to respond to correction request within statutory timeframe — Breach of APP 13.5 — Complaint otherwise dismissed — Acknowledgement of interference with privacy — Inappropriate for any further action to be taken. 

Epic Games, Inc v Apple Inc [2021] FCAFC 122
PRIVATE INTERNATIONAL LAW — stay application — proceedings alleging contraventions of Pt IV of Competition and Consumer Act 2010 (Cth) and s 21 of the Australian Consumer Law — where exclusive jurisdiction clause requires litigation relating to app developer agreement to occur in Northern District of California — whether there are strong reasons to refuse to grant the stay — whether there is a public policy that the proceeding should be heard in the Federal Court of Australia — whether clearly inappropriate forum — stay refused
In particular, Epic alleges that Apple has contravened s 46 which prohibits a corporation with a substantial degree of power in a market in Australia from engaging in conduct that has the purpose, effect or likely effect of substantially lessening competition, s 47 which prohibits a corporation from engaging in the practice of exclusive dealing, and s 45 which prohibits, among other things, a party from making a contract which has the purpose, effect or likely effect of substantially lessening competition  

Commissioner of Taxation v Ross [2021] FCA 766
TAXATION – onus of proof – appeal from decisions of Administrative Appeals Tribunal setting aside objection decisions relating to assessments – default assessments pursuant to s 167 of Income Tax Assessment Act 1936 (Cth)
ADMINISTRATIVE LAW  – procedural fairness – whether Tribunal denied Commissioner procedural fairness by considering matter arising after hearing concluded – whether Tribunal failed to provide opportunity to make submissions on new matter – appeal allowed
ADMINISTRATIVE LAW  – whether Tribunal denied taxpayers procedural fairness – where significant delay between hearing of evidence and delivery of decisions and reasons – whether delay gives rise to real and substantial risk that Tribunal’s capacity to assess matters was impaired – where Tribunal’s decisions failed to reflect its reasons in several respects – where Tribunal improperly used document tendered as aide-memoire as evidence – where reasons failed to specifically address matters raised before Tribunal – cross-appeal allowed
ADMINISTRATIVE LAW  – appropriate order on setting aside decisions of Tribunal – where no properly instructed Tribunal could be satisfied as to requisite onus by evidence adduced by taxpayers – whether s 44 of Administrative Appeals Tribunal Act 1975 (Cth) permits order substituting only decision available on evidence before Tribunal – where only decision available on evidence was different to decision made by Tribunal – order remitting matters to Tribunal for re-hearing
ADMINISTRATIVE LAW  – appropriate order on remission of matters to Tribunal for re-hearing – whether matters should be re-heard on same or further evidence – where taxpayers did not indicate nature or extent of further evidence to be adduced before Tribunal – where any further evidence could have been obtained for earlier hearing of evidence – significance of delay since earlier hearing – where taxpayers contended on appeal that evidence adduced below was adequate to satisfy onus – order that matters be re-heard without hearing further evidence Administrative Appeals Tribunal Act 1975 (Cth) ss 43, 44

Legislation

Commonwealth

Regulations

National Redress Scheme for Institutional Child Sexual Abuse Amendment (2021 Measures No. 1) Rules 2021
15/07/2021 - This instrument amends the National Redress Scheme for Institutional Child Sexual Abuse Rules 2018 to prescribe that certain entities are or are not State or Territory institutions for the purposes of the Scheme and to establish the Scheme’s brand as a protected symbol.

Foreign Evidence (Application of Amendments) Regulations 2021 
12/07/2021 - This instrument lists States and Territories which have elected to opt-in to certain amendments made to the Foreign Evidence Act 1994 by the Foreign Evidence Amendment Act 2010. The regulations repeal and replace the Foreign Evidence (Application of Amendments) Regulations 2011, which are scheduled to sunset on 1 October 2021.

Fair Work Amendment (Respect at Work) Regulations 2021 
09/07/2021 - This instrument amends the Fair Work Regulations 2009 to give effect to recommendation 31 of the Respect@Work: National Inquiry into Sexual Harassment in the Workplace by adding sexual harassment to the list of conduct falling within the definition of ‘serious misconduct’ and supports amendments that would be made by the Sex Discrimination and Fair Work (Respect at Work) Amendment Bill 2021 to include ‘sexual harassment’ in the existing stop-bullying jurisdiction. 

Commonwealth Electoral (Authorisation of Voter Communication) Determination 2021 
06/07/2021 - This instrument gives effect to the Electoral Commissioner's power at subsection 321D(7) of the Commonwealth Electoral Act 1918 to make a legislative instrument which further determines exceptions to communications or circumstances for electoral and referendum matter, and to also determine further requirements in relation to the particulars which are to be notified as part of the authorisation across a number of pieces of legislation. 

Queensland

Subordinate legislation as made – 16 July 2021
No 100 Legal Profession (Society Rules) Amendment Notice (No. 2) 2021

Subordinate legislation as made – 09 July 2021
No 95 Proclamation—Corporations (Commonwealth Powers) Act 2001 (fixing the day on which references terminate under section 6)
No 96 State Penalties Enforcement (Electoral) Amendment Regulation 2021
No 98 Corrective Services and Other Legislation Amendment (Postponement) Regulation 2021

Reminders:

No 40 Proclamation—Criminal Code (Child Sexual Offences Reform) and Other Legislation Amendment Act 2020 (commencing remaining provisions)
The date of 5 July 2021 is fixed for the commencement of the provisions of the Act that are not in force.

No 41 Evidence (Intermediaries) Amendment Regulation 2021
This regulation commences on 5 July 2021. The purpose of the Amendment Regulation 2021 is to prescribe, commencing on 5 July 2021, Brisbane and Cairns as places for the operation of the Queensland Intermediary Scheme pilot. The aim of the pilot is to assist prosecution witnesses with communication needs to give their best evidence in child sexual offence prosecutions.

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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