Artboard 1Icons/Ionic/Social/social-pinterest

Queensland Government Bulletin

21 July 2020

#Government

Queensland Government Bulletin

In the media

LCA: Australian Security Intelligence Organisation Amendment Bill 2020
The Law Council made a comprehensive written submission to the Committee, with the valuable input of its constituent bodies and advisory committees. The submission identified numerous elements of the Bill that were not necessary for, or proportionate to, a legitimate national security-related objective (17 July 2020).  More...

National Roundtable on Addressing Sexual Harassment in the Legal Profession
Following informative and practical discussions, participants agreed on certain proposals for further consideration and advancement by the Law Council in consultation with its constituent bodies and the relevant stakeholders outlined here (17 July 2020).  More...

Wanted Victorian man arrested and fined over SA border checkpoint breach
A Victorian man who had an outstanding warrant against him is arrested and fined after crossing the border into SA without passing through a coronavirus checkpoint (17 July 2020).  More...

Federal Parliament to be cancelled amid growing interstate COVID-19 outbreaks
The next sitting of Federal Parliament will be cancelled because of the risk of coronavirus transmission as cases rise in NSW and Victoria. Parliament was going to sit for a fortnight from August 4 but the next sitting week, in which the government can pass legislation and the opposition can scrutinise its agenda, will now be from August 24 (18 July 2020).  More...

ASIC reveals fraud charges against Clive Palmer relate to millions transferred to PUP
Businessman Clive Palmer faces fraud charges over the multi-million-dollar bankrolling of his political party during his successful 2013 campaign to enter Federal Parliament (17 July 2020).  More...

Retrial for former deputy principal accused of sexually abusing teenager
Kenneth Ralph Ernst, who was jailed last September, is awarded a retrial by the Queensland Supreme Court because of what it describes as a "gross investigative failure" by police (17 July 2020).  More...

ACMA moves to block more illegal gambling websites
The ACMA is set to request Australian internet service providers (ISPs) to block more illegal offshore gambling websites. ACMA has received over 35 complaints about these services that are accessible in Australia. ACMA investigations found them to be operating in breach of the Act 2001 (17 July 2020).  More...

'Political games': Opposition refers Jackie Trad to corruption watchdog for the third time
It's the third referral to the Crime and Corruption Commission in less than 12 months for the former deputy premier and treasurer, this time over alleged problems with the selection of her former under treasurer (16 July 2020).  More...

Travellers from hotspots who lie on Queensland border declaration can now be jailed
Queensland Parliament passes a bill meaning travellers from coronavirus hotspots caught lying on border declarations upon entry into the state can now be jailed for up to six months (16 July 2020).  More...  

Content agency content with pandemic
GovCMS, the Government website hosting and content management system, has reported record numbers of visits at the height of the COVID-19 pandemic as Australians accessed critical information online to protect their health and safety (13 July 2020).  More...

Archives to post freed palace letters
Director-General of the National Archives, David Fricker said all the letters would be released without exemption.“In line with the High Court ruling of 29 May, the National Archives has examined the records for public release under the provisions of the Archives Act 1983 (13 July 2020).  More...

Aged care benefits from seniors’ moments
The Aged Care Quality and Safety Commission is actively contacting the providers of residential aged care services in Victoria to ensure they’re managing the new and increased risks of the State’s current COVID-19 outbreak (13 July 2020).  More...

Queensland university student Drew Pavlou's suspension upheld by appeals committee
The University of Queensland's senate discipline appeals committee advises Drew Pavlou it is upholding a six-month suspension against him for his role in anti-China protests on campus, but had found him not guilty of 13 out of 18 misconduct allegations (13 July 2020).   More...

Queensland solar provider Green Sales given $50,400 penalty
Queensland based solar panel provider Green Sales Pty Ltd has accepted an infringement notice of $50,400 given by the ACMA for breaching telemarketing rules. An ACMA investigation found that between October 2017 and March 2019 Green Sales made more than 340,000 calls without consent to numbers listed on Australia’s Do Not Call Register (10 July 2020).   More...

OAIC and UK’s ICO open joint investigation into Clearview AI Inc.
The OAIC and the UK’s Information Commissioner’s Office (ICO) have opened a joint investigation into the personal information handling practices of Clearview AI Inc., focusing on the company’s use of ‘scraped’ data and biometrics of individuals (09 July 2020).  More...

LCA:  Law Council concerned government amendments to the ASIO Act are an overreach
Australia needs to maintain security laws that do not extend further than is necessary to respond to the security threats they are designed to thwart, says the Law Council of Australia. Law Council of Australia, President Ms Pauline Wright, reiterated calls for the design of intrusive and coercive powers to remain proportionate (10 July 2020).  More...

AHRC: Commission warns of ASIO Bill overreach
The Australian Human Rights Commission says the Bill would simultaneously expand ASIO’s questioning powers while limiting oversight of those powers, including by limiting the subject’s right to legal representation during questioning and enabling prescribed authorities to remove, at their discretion, a lawyer deemed to be ‘unduly disrupting’ questioning (09 July 2020).  More...

Independent National Security Legislation monitor report tabled
A review of the Telecommunications and other Legislation Amendment (Assistance & Access) Act 2018 has been tabled in Parliament (09 July 2020).  More...

New Independent National Security Legislation monitor
Attorney-General Christian Porter announced that Mr Grant Donaldson SC would be appointed Australia’s acting Independent National Security Legislation Monitor (INSLM) (08 July 2020).  More...

Government website platform stands up under COVID-19 pressure
GovCMS, the government website hosting and content management system, saw record numbers of visits on the platform at the height of the COVID-19 pandemic as Australians accessed critical online information to protect their health and safety (09 July 2020).  More...

Brokerage chairman sues A Current Affair
Chairman of Sydney-based GSA Insurance Brokers and former Liberal Party leader John Hewson is suing Channel 9 for damages over an episode of A Current Affair which he says was defamatory and inaccurate (07 July 2020).  More...

Department failed to pass on prison killing information, court told before NCA bombing trial
Lawyers for the man accused of the 1994 bombing of the National Crime Authority in Adelaide say they are "gobsmacked" that Correctional Services failed to pass on information about a key witness (07 July 2020).  More...

Finding a path towards justice
The Government is currently considering justice targets as part of a refresh of closing the gap. Given the renewed focus on addressing the over-incarceration Aboriginal and Torres Strait Islander people, it is timely to consider the nature of the problems in detail and the solutions the ALRC identified (07 July 2020).  More...

New Magistrates appointed
Attorney-General and Minister for Justice Yvette D'Ath has announced the appointment of three new magistrates for Queensland. The new magistrates are: Kenneth Taylor (appointed to Townsville Magistrates Court), Grace Kahlert (appointed to Southport Magistrates Court), Kathleen Payne (appointed to Southport Magistrates Court) (09 July 2020).  More...

Dispute resolution scholarships awarded
Four outstanding community-minded Queenslanders will be able to expand their expertise to include dispute resolution after being presented with scholarships today by Attorney-General and Minister for Justice Yvette D'Ath (10 July 2020).  More...

In practice and courts

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.

Royal Commission into Violence, Abuse, Neglect and Exploitation of People with Disability
The Royal Commission into Violence, Abuse, Neglect and Exploitation of People with Disability is seeking submissions in relation to its terms of reference. QLS is currently focussing on the Rights and Attitudes, Education and Learning, Employment, First Nations People with Disability and Emergency Planning and Response Issues Papers. Member feedback is welcomed by 8 July.

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.

Annual Federal Courts and Tribunals Fee Increases from 1 July 2020 - Amended Notice
The Commonwealth Attorney-General's Department has advised that, due to a number of small errors identified in the Annual Federal Courts and Tribunals Fee Increases Gazette Notice published on 9 June 2020, an amended notice has been published in the Government Notices Gazette on 29 June 2020 setting out the new fees payable from 1 July 2020. View the amended notice .

Intelligence and Security Legislation Amendment (Implementing Independent Intelligence Review) Bill 2020
The Parliamentary Joint Committee on Intelligence and Security is calling for submissions on the Intelligence and Security Legislation Amendment (Implementing Independent Intelligence Review) Bill 2020. Further information on the bill can be found here. On 23 March 2020 the Senate extended the committee’s reporting date to 14 October 2020.

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 2020. 

Queensland

OIC Qld: Updated privacy guidance on de-identified data
We have updated our guideline on privacy and de-identified data to provide high-level information on de-identification and some issues an agency should consider before undertaking a de-identification process. Read the guideline here (15 July 2020)

OIC Qld: Privacy and Public Data audit
14 July 2020 - Our audit identified good practice and areas for improvement, and made recommendations to all government agencies Read the report here

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...

Uniformity of electronic signatures
During the COVID-19 pandemic, jurisdictions throughout Australia have legislated to enable the use of electronic signatures in a range of different legal contexts. QLS has previously sought member feedback on various measures, including the use of electronic execution of documents. QLS is now seeking comments on potential reforms to achieve consistency across jurisdictions for the electronic execution of documents in different contexts. Member feedback is welcomed by 20 July 2020.

Review of the Crime and Corruption Commission's activities
The Parliamentary Crime and Corruption Committee is conducting its five year review of the Crime and Corruption Commission. In undertaking the Review, the Committee will examine the CCC’s overall performance over the last five years and consider its jurisdiction, responsibilities, functions and powers. Further information on the Terms of Reference for this review is available online. The closing date for written submissions is 10 August 2020.  More...

Practice Directions
The Chief Magistrate has issued the following practice directions: Magistrates Court Practice Direction 7 of 2020—Online Court Event Applications
Further information about the new Online Court Event Application form can be found here. Where a matter has a current listing date, a party may apply electronically, where the consent of the other party has been obtained, using the form  here (08 July 2020)

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.

Review of the Crime and Corruption Commission's activities
The Parliamentary Crime and Corruption Committee is conducting its five year review of the Crime and Corruption Commission. In undertaking the Review, the Committee will examine the CCC’s overall performance over the last five years and consider its jurisdiction, responsibilities, functions and powers. Further information on the Terms of Reference for this review is available online. Member feedback is welcomed by 27 July 2020

Ethics and Practice Notes
A solicitor must not in the course of practice, engage in conduct which constitutes discrimination, sexual harassment or workplace bullying. See Rule 42, Australian Solicitor Conduct Rules 2012. A reminder that practitioners must make due enquiry on a testator’s testamentary capacity. Please see our note on this issue here. Our practice support tip on costs disclosure can be accessed here. Q&As on anti-money laundering can be found here.

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

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.

QAO Advice: Assessing COVID-19 events after the reporting date and why auditors are required to review this
10 July 2020 Advice: For many entities, disclosure about the impacts of COVID-19 in this year’s financial report and annual report will be a key point of difference com.  More...

QAO Advice: Local government audit committees—getting the right membership
16 July 2020 Advice: Appointing the right members to a council’s audit committee allows for informed, effective oversight.  More...

Published - articles, papers, reports

Procurement of strategic water entitlements
ANAO Report No 2 of 2020-21: 16 July 2020
The objective of the audit was to examine whether strategic water procurements by the Department of Agriculture, Water and the Environment were conducted consistent with government policy, were supported by appropriate program design, were planned and executed appropriately, and achieved value for money.  More...

Inquiry into behaviour training for recruits
Commonwealth Ombudsman: 13 July 2020
Reviews Defence’s framework for administering training to new recruits about Defence’s required behaviours. The
Report found Defence’s overarching framework used by the recruit schools to administer recruit training was sound, however, the training that specifically teaches recruits about required behaviours is not included in all parts of this framework.  More...

The prevalence of domestic violence among women during the COVID-19 pandemic
Boxall H, Morgan A & Brown R; Statistical Bulletin No. 28, Australian Institute of Criminology: 13 July 2020
Almost six percent (5.8%) of women experienced coercive control and 11.6 percent reported experiencing at least one form of emotionally abusive, harassing or controlling behaviour.  More...

Final report of outgoing Independent National Security Legislation Monitor
The final report of the outgoing Independent National Security Legislation Monitor Dr James Renwick CSC SC - "Trust but Verify - A report concerning the Telecommunications and Other Legislation Amendment (Assistance and Access) Act 2018 and related matters" - was tabled yesterday, having been provided on 30 June to the Attorney-General of Australia, the Hon Christian Porter MP and the Parliamentary Joint Committee on Intelligence. The Report is available here.

Cases

Australian Securities and Investments Commission v Hutchison [2020] FCA 978
ADMINISTRATIVE LAW - appeal from Administrative Appeals Tribunal - conduct of authorised representative of Australian Financial Services licensee - where banning order made - whether conduct 'in relation to' financial product or financial service - whether Tribunal's construction of provisions including s 1041G and s 1041H of the Corporations Act 2001 (Cth) promotes the purpose or object of Chapter 7
ADMINISTRATIVE LAW - whether Tribunal failed to consider a clearly articulated claim - whether class of person who might be misled by authorised representative limited to consumer - whether constructive failure to exercise jurisdiction - whether denial of procedural fairness
CORPORATIONS - financial services and market - object of Chapter 7 of the Corporations Act - where object includes promotion of fairness, honesty and professionalism by those who provide financial services
Acts Interpretation Act 1901 (Cth) s 15AA, 15AB, 15AD; Administrative Appeals Tribunal Act 1975 (Cth) s 44
Evidence Act 1995 (Cth) s 140 

Dyczynski v Gibson [2020] FCAFC 120
HIGH COURT AND FEDERAL COURT – Federal jurisdiction – jurisdiction of the Federal Court to determine the claims of all group members – meaning of “matter”
PRACTICE AND PROCEDURE – application for leave to appeal – procedural fairness – application to file cross appeal out of time – application to file notice of contention out of time
PRACTICE AND PROCEDURE –application of Civil Aviation (Carriers’ Liability) Act 1959 (Cth) – application of the Convention for the Unification of Certain Rules for International Carriage by Air (Montréal, 28 May 1999) – jurisdiction under Art 33 of Montréal Convention – consideration of limitations of actions and extinguishment of claim under Art 35 of Montréal Convention
REPRESENTATIVE PROCEEDINGS – procedure under Part IVA of the Federal Court of Australia Act 1976 (Cth) (Act) – meaning of “claims” under s 33C –requirements of s 33H – group membership and how a person may be excluded from group membership – requirement for notice under s 33X – representative applicant is only a privy in interest in relation to the common claims of group members and not their individual claims – whether orders made pursuant to s 33ZB sufficient and preferable to bind all group members – necessity of orders made under s 33V to bind group members to settlement – suspension of time under s 33ZE – supervisory role of the Court in relation to the interests of group members
COSTS – application of the overarching purpose under s 37M of the Act – consideration of the Australian Solicitors’ Conduct Rules 2015 (NSW) and the Uniform Conduct (Barristers) Rules 2015 (NSW) – failure to obtain instructions – failure to communicate with client – duty not to act contrary to a group member’s interests where no retainer – duty to avoid conflicts – indemnity costs
Civil Aviation (Carriers’ Liability) Act 1959 (Cth) ss 9B, 9D; Evidence Act 1995 (Cth) s 136
Federal Court of Australia Act 1976 (Cth) ss 4, 33A, 33C, 33E, 33H, 33J, 33K, 33L, 33M, 33N, 33Q, 33S, 33T, 33V, 33W, 33X, 33ZB, 33ZE, 33ZF, 37M, 43, Pts IVA, VB
Judiciary Act 1903 (Cth) s 79; Australian Solicitors’ Conduct Rules 2015 (NSW) rr 4.1.1, 4.1.3, 8.1, 9, 10, 11, 12

Williams on behalf of Danggan Balun (Five Rivers) People v State of Queensland [2020] FCA 938
NATIVE TITLE – application under s 66B(1) of the Native Title Act 1993 (Cth) (the NTA) to replace an authorised applicant – whether the authorisation process which authorised the replacement applicant was defective – whether there was a traditional decision making process to be followed under s 251B(a) of the NTA – application granted
PRACTICE AND PROCEDURE – application to amend a claimant application under r 8.21 of the Federal Court Rules 2011 (Cth) – whether the authorisation process which authorised the amendments was defective – whether certain respondents were denied procedural fairness by the authorisation process – whether the power to allow the amendments is within the ambit of r 8.21 – application granted .Native Title Act 1993 (Cth)

Piotto v Chief Executive Officer, Services Australia [2020] FCA 976
ADMINISTRATIVE LAW – application for review under the Administrative Decisions (Judicial Review) Act 1977 (Cth) (ADJR Act) – payments of Newstart Allowance temporary suspended ostensibly due to “mutual obligation failure” of applicant – applicant attempted to tape record conversations at appointment – payments reinstated within a week thereafter – discretion whether to award remedies under s 16 of the ADJR Act – whether refusal to permit tape recording is a “decision” or “conduct” amenable to review under ADJR Act – implied statutory power to regulate conduct of appointment – delegation of Secretary’s statutory functions to private organisations performing services for the Commonwealth of Australia
SOCIAL SECURITY – requirement to attend appointments under s 63(2) of the Social Security (Administration) Act 1999 (Cth) – compliance action for mutual obligation failures – implied statutory power to regulate conduct of appointment

Bartolo v Sunshine Coast Hospital and Health Service [2020] QSC 213
COURTS AND JUDGES – COURTS – JURISDICTION AND POWERS – TRANSFER OF PROCEEDINGS TO OR FROM HIGHER COURT AND BETWEEN COURTS – TO A LOWER COURT – where defendant seeks to have matter remitted to the District Court at Maroochydore pursuant to s 25(2) of the Civil Proceedings Act 2011 (Qld) – where claim exceeds jurisdiction of the District Court – where defendant proposed to consent to extend the jurisdiction of the District Court pursuant to s 72 of the District Court of Queensland Act 1967 (Qld) - where plaintiff had not given consent to extend the jurisdiction – where requirements to provide memorandum under s 72 of the District Court of Queensland Act 1967 (Qld) not complied with – whether proposed consent to enlarge District Court jurisdiction is a relevant consideration - whether discretion to transfer under s 25(2) of the Civil Proceedings Act 2011 (Qld) is enlivened
PROCEDURE – CIVIL PROCEEDINGS IN STATE AND TERRITORY COURTS – TRIAL – TIME AND PLACE – where proceedings commenced in Supreme Court central registry – where the cause of action arose in the Sunshine Coast – where the defendant seeks to transfer the proceedings to the Supreme Court at Brisbane – whether on the balance of the relevant factors the proceedings ought be transferred
Civil Proceedings Act 2011 Qld s 25; District Court of Queensland Act 1967 Qld s 72; Uniform Civil Procedure Rules 1999 Qld r 39

Druery v Queensland Racing Integrity Commission [2020] QCAT 258
ADMINISTRATIVE LAW – ADMINISTRATIVE TRIBUNALS – QUEENSLAND CIVIL AND ADMINISTRATIVE TRIBUNAL – application to extend time to review a decision
PROCEDURE – CIVIL PROCEEDINGS IN STATE AND TERRITORY COURTS – TIME, EXTENSION AND ABRIDGMENT – where application to review a decision filed approximately four years out of time – whether application for an extension of time should be granted
Queensland Civil and Administrative Tribunal Act 2009 Qld ss 3, 20, 24, 29, 33, 43, 61; Racing Act 2002 Qld ss 149V, 149ZY, 152, 152A, 153

Hannan v Queensland Building and Construction Commission [2020] QCAT 248
ADMINISTRATIVE LAW – ADMINISTRATIVE TRIBUNALS – QUEENSLAND CIVIL AND ADMINISTRATIVE TRIBUNAL – where application to review a decision filed out of time- whether extension of time should be granted
Corporations Act 1990 Qld ss 95A(1), 491(1); Queensland Building and Construction Commission Act 1991 Qld ss 56AC, 56AD, 56AE; Queensland Civil and Administrative Tribunal Act 2009 Qld s 33

Gale & Anor v Queensland Building and Construction Commission [2020] QCAT 247
ADMINISTRATIVE LAW – ADMINISTRATIVE TRIBUNALS – GENERALLY – review of a scope of works decision – whether the works are reasonable and necessary - Queensland Building and Construction Commission Act 1991 Qld ss 71A, 86(1)(g) 

Thorne v Brisbane City Council [2020] QCAT 239
ADMINISTRATIVE LAW – ADMINISTRATIVE TRIBUNALS – QUEENSLAND CIVIL AND ADMINISTRATIVE TRIBUNAL – where a regulated declared dangerous dog has been seized and a destruction order has been made – where allegations that the dog has seriously attacked three dogs on three separate occasions – where the issue of identification of the attacking dog is disputed by the owner

Do v Brisbane City Council [2020] QCAT 238
ADMINISTRATIVE LAW - ADMINISTRATIVE TRIBUNALS – QUEENSLAND CIVIL AND ADMINISTRATIVE TRIBUNAL – animals – where a decision to make a dangerous dog declaration was made - where the dog-owner alleged that the dog was provoked to attack by ongoing dispute between neighbours – whether provocation for the dog to attack was shown

Clinical Excellence Pty Ltd and Anor v Forest Lakes Allied Health Pty Ltd [2020] QDC 152
PROCEDURE – CIVIL PROCEEDINGS IN STATE AND TERRITORY COURTS – DISCOVERY AND INTERROGATORIES – DISCOVERY AND INSPECTION OF DOCUMENTS – DISCOVERY OF DOCUMENTS – APPLICATION AND ORDER – where defendant/applicant filed application for further and better disclosure pursuant to r 223(1) of the Uniform Civil Procedure Rules 1999 (Qld) – whether order for further and better disclosure should be granted 

WOTCH Inc v VicForests (No 4) [2020] VSC 433
PRACTICE AND PROCEDURE — Interim injunction — Whether serious question to be tried — Whether balance of convenience favours granting injunction — Timber harvesting of State forests — Application of the precautionary principle — Protection of threatened species following 2019/20 Victorian bushfires — Flora and Fauna Guarantee Act 1988 (Vic) — Sustainable Forests (Timber) Act 2004 (Vic) — Code of Practice for Timber Production 2014.

Noy v Greyhound Racing Victoria [2020] VSC 422
ADMINISTRATIVE LAW – Judicial review – Victorian Civil and Administrative Tribunal – Review of decision of Racing Victoria Racing Appeals and Disciplinary Board – Greyhound Racing Victoria – Charges for possession of sheepskin for purposes in relation to greyhound racing pursuant to r 42.18 of the Greyhound Racing Victoria Rules – Whether the Tribunal failed to acknowledge the proceedings were vexatious – Whether the Tribunal failed by applying a penalty in r 42.22 – Whether this was a breach of natural justice principles – Whether documentation before the Tribunal was incomplete – Application for leave to appeal dismissed – Victorian Civil and Administrative Act 1998 ss 49, 148. 

Gemcan Constructions Pty Ltd v Westbourne Grammar School [2020] VSC 429
ARBITRATION – Agreement to arbitrate – Arbitrator and rules to be nominated pursuant to item of schedule to agreement marked ‘Not Applicable’ – Whether valid and binding agreement –Commercial Arbitration Act 2011 (Vic), s 10 (number of arbitrators), s 11(3) (court appointment in absence of agreement) and s 19 (determination of rules of procedure).
ARBITRATION – Commercial Arbitration Act 2011 (Vic), 11(3) – Choice of senior or junior counsel as arbitrator - Experience as arbitrator – Fees of arbitrator – Complexity of factual and legal issues in arbitration – Balancing exercise – Senior counsel appointed.

Watpac Constructions Pty Ltd v Collins & Graham Mechanical Pty Ltd [2020] VSC 414
BUILDING CONTRACTS – Building and Construction Industry Security of Payment Act 2002 (Vic) (‘the Act’) – Deemed termination for convenience on a ‘finding’ of repudiation by the principal – Reference date referrable to the payment claim required a ‘finding’ of repudiation – Whether requiring a ‘finding’ of repudiation had the effect of excluding, modifying or restricting the operation of the Act within the meaning of s 48 – Whether s 48 of the Act rendered an offending clause as void in its entirety – Meaning of ‘provision’ in s 48 of the Act considered.
BUILDING CONTRACTS – Whether severance of the contractual provision engaging s 48 of the Act available.
JUDICIAL REVIEW – Finding by adjudicator of repudiation – Principles to be applied in deciding jurisdictional facts on judicial review – Burden of proving jurisdictional error rests with the applicant.
JUDICIAL REVIEW – Whether a court may exercise its residuary discretion not to permit a full trial of a construction dispute in determining a review of an adjudicator under the Act queried.

1155 Nepean Hwy v Promax Buildings [2020] VSC 398
ADMINISTRATIVE LAW – Judicial review – Injunction enjoining the Adjudicator from making any adjudication determination – Injunction enjoining first defendant from making any further adjudication application – Compliance with service requirements of s 18(5) of the Building and Construction Industry Security of Payment Act 2002 (Vic) – Whether service required as soon as practicable or within a reasonable time under s 18(5) of the Building and Construction Industry Security of Payment Act 2002 (Vic) - Validity of new adjudication application under s 28 of the Building and Construction Industry Security of Payment Act 2002 (Vic) – Time for service of adjudication application - Building and Construction Industry Security of Payment Act 2002 (Vic), ss 18(5), 20 , 22, 28.

Kinglake Friends of the Forest Inc. v VicForests (No 2) [2020] VSC 418
ENVIRONMENTAL LAW – Application to extend interim injunction – Timber harvesting in State forest coupes – Whether serious question to be tried that defendant failing to screen timber harvesting operations from view, in breach of statutory forestry management standards – Whether serious question to be tried that harvesting not in accordance with statutory timber release plan – Balance of convenience – Extension of interim injunctions granted – Sustainable Forests (Timber) Act 2004 (Vic), s 46 – Code of Practice for Timber Production 2014 – Management Standards and Procedures for timber harvesting operations in Victoria’s State Forests 2014, cl 2.2.1.1.

Rashidi v Holsman & Ors [2020] VSC 413
ADMINISTRATIVE LAW – Judicial review – Medical negligence – Assessment of impairment by Medical Panel – Threshold for recovery of damages for non-economic loss –Procedural fairness – Assessment of injury not reasonably anticipated on the referral materials – Panel’s opinion quashed – Medical question remitted to be determined in accordance with law – Wrongs Act 1958 (Vic), pt VBA.

Legislation

Commonwealth

Criminal Code Act 1995
13/07/2020 -  Act No. 12 of 1995 as amended

Regulations

Electoral and Referendum Amendment (Pre-poll Voting and Other Measures) Repeal Regulations 2020
15/07/2020 - The purpose of the Electoral and Referendum Amendment (Pre-Poll Voting and Other Measures) Repeal Regulations 2020 (the Regulations) is to repeal the Electoral and Referendum Amendment (Pre-Poll Voting and Other Measures) Regulations 2010 (the 2010 Regulations).

Queensland

Bills updated

Ministerial and Other Office Holder Staff and Other Legislation Amendment Bill 2018
Stage reached: Passd with amendment on 16/07/2020
The objectives of the Bill are to: • provide the Director-General of the Department of the Premier and Cabinet (the Director-General) with explicit power to conduct criminal history checks to assess the suitability of a person to be engaged in a Ministerial Office, the Office of the Leader of the Opposition or an office of a non-government member;

Corrective Services and Other Legislation Amendment Bill 2020
Stage reached: Passed with amendment on 16/07/2020
The Bill creates a permanent firearms amnesty in support of a 2019 resolution of the Ministerial  Council  for  Police  and  Emergency  Management  to  establish  a  national  permanent firearms amnesty. It  also  includes  amendments  that  support  the  implementation  of  the  Queensland  Police  Service (QPS)  policy  on  replica  firearms

Public Service and Other Legislation Amendment Bill 2020
Stage reached: Referred to Committee on 16/07/2020
The policy objective of the Public Service & Other Legislation Amendment Bill 2020(the Bill) is to   give effect to the stage one public sector management reforms.

Acts

Proclamation No. 3 — Working with Children (Risk Management and Screening) and Other Legislation Amendment Act 2019 (Qld)
This Proclamation is made under the Working with Children (Risk Management and Screening) and Other Legislation Amendment Act 2019. This Proclamation will commence the remaining provisions of the Working with Children (Risk Management and Screening) and Other Legislation Amendment Act 2019 on 31 August 2020.

Electoral and Other Legislation (Accountability, Integrity and Other Matters) Amendment Act 2020 (Qld)
The key policy objective of Chapter 2 is to improve the actual and perceived integrity and public accountability of State elections and ensure public confidence in State electoral and political processes
Commencement: (d)the remaining provisions of chapter 2, and schedule 1, commence on 1 August 2020, immediately after the commencement of the provisions of the Electoral and Other Legislation Amendment Act 2019 that, under section 2 of that Act, commence on 1 August 2020.

Subordinate legislation as made – 17 July
No 133 Public Records (Paradise Dam) Amendment Regulation 2020
No 134 Residential Services (Accreditation) (Extension of Transitional Provision for Retirement Villages) Amendment Regulation 2020

Subordinate legislation as made – 10 July
No 126 Gaming Tax Notice 2020
No 127 Proclamation No. 1—Justice and Other Legislation Amendment Act 2020 (commencing certain provisions)

Reminders:
Adoption Regulation 2020 (Qld)
This Regulation is made under the Adoption Act 2009. The Adoption Regulation 2009 was made on 11 December 2009 and commenced in February 2010. The Regulation is due to expire on 1 September 2020. The remade Regulation replicates the provisions in the existing Regulation. It also maintains the value of prescribed fees in the Regulation by increasing the current fees by 1.8%.

Youth Justice (COVID-19 Emergency Response) Regulation 2020 (Qld)
This Regulation is made under the COVID-19 Emergency Response Act 2020 and the Youth Justice Act 1992. The objective of the Regulation is to ensure that restorative justice conference agreements made during the COVID-19 health emergency period remain compliant with the Youth Justice Act 1992. The policy objective is achieved by retrospectively and temporarily providing an alternative method to be taken as compliance with the relevant provisions of the Youth Justices Act 1992.

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.

Share this