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Queensland Government Bulletin

21 January 2020

#Government

Queensland Government Bulletin

In the media

Regulator zooms in on advertisers’ influence on news, with 8 in 10 Australians concerned
Eight in 10 Australian adults are worried about advertisers influencing the news, new research from the Australian Communications and Media Authority (ACMA) has found (17 January 2020).  More...

Lockout laws repealed - Growing Sydney's night time economy
Sydney’s “lockout laws” were repealed in the Sydney CBD Entertainment Precinct, bringing in extended trading hours for venues and bottle shops and relaxation of after-midnight drink rules, with existing arrangements maintained in the Kings Cross precinct (14 January 2020).  More...

PM argues for 'comprehensive' inquiry into bushfire crisis
Climate change, hazard reduction burns and the national response to the fires will all be considered under a wide-ranging inquiry, Prime Minister Scott Morrison says (09 January 2020).  More...

Lawyers to warn clients of risks of crowdfunding
Lawyers have been warned to be aware of the risks of crowdfunding and the professional and ethical issues they need to consider when navigating this complex issue with clients. To assist the legal profession deal with the emerging use of crowdfunding in litigation the Law Council of Australia has released guidance for legal practitioners (20 December 2019).  More...

Credit reporting changes to benefit consumers
The Office of the Australian Information Commissioner (OAIC) has approved amendments to the Credit Reporting Code 2014 that will benefit consumers. ARCA began consulting on the amendments in 2018, following an independent review of the Code. The amendments to the Code will be introduced on 14 February 2020 (December 2019).  More...

In practice and courts

Religious Freedom Bills—Second Exposure Drafts

The Attorney-General’s Department is inviting public feedback in relation to the second exposure draft of a package of legislation on religious freedom.  More...

Federal Court of Australia—Amended Practice Notes
The Chief Justice of the Federal Court has advised the amended Practice Notes are now finalised and available here. The amended practice notes will be available from Friday 20 December 2019 on the Federal Court’s website and will take effect from that date. The list includes the following Federal Court Practice Notes

Lists of Authorities and Citations Practice Note
Federal Court of Australia, GPN-AUTH of 2019

Central Practice Note: National Court Framework and Case Management
Federal Court of Australia, CPN-1 of 2019

Administrative and Constitutional Law and Human Rights Practice Note
Federal Court of Australia, ACLHR-1 of 2019

Class Actions Practice Note
Federal Court of Australia, GPN-CA of 2019

Federal Court Revised Class Actions Practice Notice
A revised Class Actions Practice Note was issued on 20 December 2019, following the decision in BMW Australia Ltd v Brewster; Webster Banking Corporation v Lenthall [2019] HCA 45.  More...

ALRC Discussion Paper: corporate criminal responsibility
The Discussion Paper makes 23 proposals for reform and asks 11 questions on particular areas of reform. A number of aspects of corporate criminal liability are discussed, including: the division between criminal offences and civil penalty provisions; the method for attributing liability to corporations; individual liability for corporate offences; sentencing; and, specific issues such as illegal phoenix activity. The ALRC is seeking submissions on the Discussion Paper until 31 January 2020.  More...

High Court of Australia Digital Lodgment System Portal
In January 2020 the High Court of Australia will introduce a Digital Lodgment System Portal (DLS Portal) to permit parties to start cases, file documents, pay fees, receive notifications from the Court and track the progress of a case without attending the Registry.

Development of a Protocol on Standards of Judicial Behaviour and Conduct in the Courtroom
The Law Council of Australia has invited feedback on a proposed Protocol on Standards of Judicial Behaviour and Conduct in the Courtroom. Input is requested by 31 January 2020 for feedback on a proposed Protocol on Standards of Judicial Behaviour and Conduct in the Courtroom with application to the broader legal profession.  More...

Crowdfunding Guidance for the Australian Legal Profession
Please see the Law Council of Australia memorandum in relation to Crowdfunding Guidance for the Australian Legal Profession.

AHRC: Human Rights and Technology Discussion Paper - Rights Rights and Freedoms
The Commission has launched the Human Rights and Technology Discussion Paper, which makes wide-ranging proposals for safeguarding human rights and encouraging accessible, equal and accountable use of new technology in Australia.The deadline for submissions is 10 March 2020.   More...

ACC: Government response to the Digital Platforms Inquiry
The government released its response to the Australian Competition and Consumer Commission (ACCC) Digital Platforms Inquiry final report on 12 December 2019.  The government has committed to reviewing copyright enforcement reforms made in 2018 at the end of 2020 and considers this will be an opportune time to better evaluate the opportunities for facilitating online copyright enforcement.  More...

LSC reminder: Amendment of the Uniform General Rules supporting Chapter 4 of the Uniform Law
As well as clarifying the usual duration of a practising certificate, the Rule amends the Uniform General Rules (UGRs) that support various provisions in Chapter 4 of the Uniform Law, specifically UGRs 17, 38, 54, 63, 64 and 93; and creates new UGRs 91E and 95A. It commenced on 13 December 2019.  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, including immigration and citizenship. Issue No. 01/2020, 13 January 2020.  More...

Current Consultations – 06 December 2019

Finance and Public Administration Legislation Committee
National Integrity (Parliamentary Standards) Bill 2019
Public Governance, Performance and Accountability Amendment (Tax Transparency in Procurement and Grants) Bill 2019

Foreign Affairs, Defence and Trade References Committee
Australia’s declarations made under certain international laws

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

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

Community Affairs Legislation Committee
Australian Sports Anti-Doping Authority Amendment (Sport Integrity Australia) Bill 2019

Queensland

Supreme Court (Admission Guidelines) Amendment Notice 2019 (Qld)
This is the subordinate legislation as notified, by publication on this website, on 20 December 2019 - The objective of the Supreme Court (Admission Guidelines) Amendment Notice is to give effect to three guidelines issued by the Chief Justice. The Chief Justice has recently issued the following guidelines under rule 9AA of the Supreme Court (Admission) Rules 2004, which comprise the relevant standards or principles recommended by the Law Admissions Consultative Committee.  More...

Legal Profession (Society Rules) Amendment Notice (No. 3) 2019 (Qld)
This is the subordinate legislation as notified, by publication on this website, on 20 December 2019 - The purpose of the Amendment Notice is to amend the Legal Profession (Society Rules) Notice 2017 to give notice of the making of the Legal Profession (Society) Amendment Rule (No. 2) 2019 by the Queensland Law Society Council.  More...

Supreme Court Practice Directions
Questions referred by a court or tribunal pursuant to the Human Rights Act 2019 (Qld)
Supreme Court of Queensland, 27 of 2019

Queensland Government - Queensland Human Rights Act commences
Historic human rights legislation came into force on 1 January 2020, further enhancing the protections for Queenslanders in their dealings with public entities.  More...

Queensland Courts - Human Rights Act 2019 - Forms 1 and 2
The following new forms have been approved for use from 1 January 2020: (a) Form 1 - Notice to the Attorney-General and/or the Queensland Human Rights Commission under the Human Rights Act 2019 and (b) Form 2 - Notice that the Supreme Court is considering making a declaration of incompatibility under the Human Rights Act 2019. These forms were first published on the Queensland Courts website on 1 January 2020.  More...

QAO: Are climate-related risks impacting on your financial statements?
Climate-related risks are an emerging area that may have a direct impact on entities’ financial statements (9 January 2020).  More...

QAO: audit program for 2020–23 is out now
Our audit topics are wide-ranging and cover challenges facing the public sector across all aspects of government service delivery (18 December 2019).  More...

QLS: Justice and Other Legislation Amendment Bill 2019
On Friday 17 January 2020, QLS attended a public hearing on a bill before parliament that amends 33 acts and 4 regulations across a number of areas including civil and criminal amendments. QLS provided a written submission on the bill available here.

Department of Justice Consultations
Review of model defamation provisions
Consultation expiry: 24 January 2020 – feedback is required as part of a national review on draft amendments to the Model Defamation Provisions. The accompanying background paper explains the policy rationale for the proposed amendments and confirms the position of the Council of Attorneys-General on each question raised in the discussion paper that was released in February 2019.  More...

 Queensland Parliament: Current Inquiries
Economics and Governance Committee Submissions close on 09 February 2020. Report due 07 February 2020.  More...

OIC QLD: operational provisions of the Human Rights Act 2019 (Qld) commence 1 January 2020
From that date, subject to some exceptions, it will be unlawful for a public entity to make a decision in a way not compatible with human rights, or to make a decision that fails to give proper consideration to relevant human rights. In anticipation of the final provisions of the HR Act commencing, the Office of the Information Commissioner has prepared two guidelines: Access and Amendment Applications and the Human Rights Act, and Privacy Principle Compliance and the Human Rights Act, to assist agency officers working

OIC QLD: Privacy Authorities Australia working together and PAW2020
Following the PAA October meeting, Privacy Awareness Week (PAW) will be held across Australia between 4 to 10 May 2020. In Queensland, the theme for PAW2020 is Be smart about privacy.  More...

CCC Prosecutions
Newport man charged with misconduct in public office offences 18 December 2019
CCC finalises Gold Coast City Council investigation and determines to issue public report 10 December 2019

Department of Natural Resources, Mines and Energy: Dispute resolution for residential embedded network customers
Open until 31 January 2020. Have your say about enabling residential customers of embedded networks access to services provided by the Energy and Water Ombudsman Queensland.  More...

Advisory Council extends deadline for preliminary feedback
The Queensland Sentencing Advisory Council is extending its deadline for preliminary feedback concerning its review of the penalties for assaults on police and other frontline emergency service workers, corrective service officers and other public officers. The deadline for written feedback for the Terms of Reference has been changed, to Tuesday, 28 January 2020 (13 January 2020).  More...

Requests for comment: Queensland Law Reform Commission: Consent and mistake of fact review
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.  More...

Published – articles, papers, reports

So when is the next election: Australian elections timetable as at January 2020
APH Library (13 January 2020).  More...

Behavioural assumptions and PBO costings
Parliamentary Budget Office (Australia) - This information paper explains the Parliamentary Budget Office's (PBO's) approach to determining the behavioural assumptions applied when estimating the cost of policy proposals (15 January 2020).  More...

Award of Funding under the Community Sport Infrastructure Program

ANAO - The objective of the audit was to assess whether the award of funding under the Community Sport Infrastructure Grant Program was informed by an appropriate assessment process and sound advice (15 January 2020).  More...

Future Submarine Program — Transition to Design
ANAO - The audit objective was to examine the effectiveness of the Department of Defence's administration of the Future Submarine Program to date (14 January 2020).  More...

Cases

AB v Chief Commissioner of Police [2020] FCA 14
ADMINISTRATIVE LAW – judicial review – permission for registered sex offenders to leave Australia – review of decision of competent authority in response to an application for permission to travel for the purposes of s 271A.1 of the Criminal Code Act 1995 (Cth) – terms of permission – relevant considerations – whether decision unreasonable – whether irrelevant considerations taken into account – whether relevant considerations not taken into account – whether merits of the case not addressed – whether denial of natural justice – whether decision contrary to law – application dismissed.

Quinn and Australian Tax Office (Freedom of information) [2019] AATA 5550
(b) sets aside the decision under review in relation to the claims made under s 47C of the Freedom of Information Act 1982 (Cth) in respect of documents 29 and 35, and in lieu thereof the decision is that these documents, while conditionally exempt, are not such as to warrant denial of release in the public interest and are to be released. Freedom of Information – Legal Professional Privilege – Conditionally exempt documents – deliberative processes – public interest. Freedom of Information Act 1982 (Cth).

Secretary, Department of Education and Training v Simpson Networks Pty Ltd t/as Melbourne School Holiday Club [2019] FCAFC 239

ADMINISTRATIVE LAW - appeal from decision of the Federal Circuit Court quashing decision of a delegate of the Secretary relating to the payment of child care benefits - where respondent was a provider of child care services - consideration of the provisions of the A New Tax System (Family Assistance) Act 1999 (Cth) and the A New Tax System (Family Assistance) (Administration) Act 1999 (Cth) - where delegate found that there was no genuine liability to pay as required under s 43(1)(c) of the Act - where delegate calculated a zero rate and nil amount in fee reduction - whether delegate was required to consider the actual arrangements made by the provider with the eligible individuals - whether primary judge erred in finding that the delegate failed to undertake the statutory task in failing to consider a mandatory relevant consideration - whether primary judge erred in finding that the delegate's decision was unreasonable - where primary judge erred in undertaking the task entrusted to the delegate on review - appeal allowed

‘RM’ and Australian Taxation Office (Freedom of information) [2020] AICmr 1
Human resource records relating to the applicant’s conduct and working arrangements — Whether disclosure would have a substantial adverse effect on the management or assessment of personnel

‘RN’ and Department of Veterans’ Affairs (Freedom of information) [2020] AICmr 2
Electronic records relating to the applicant for the previous 7 years — Whether reasonable steps taken to locate documents

Prime Constructions (Qld) Pty Ltd v The Regulator under the Electrical Safety Act 2002 [2019] QCAT 389
ADMINISTRATIVE LAW – ADMINISTRATIVE TRIBUNALS – QUEENSLAND CIVIL AND ADMINISTRATIVE TRIBUNAL – general administrative review – powers and functions – correct and preferable decision – character and form of reviewable decision under the Electrical Safety Act 2002 (Qld) – where original decision confirmed on internal review – where original decision reviewable – whether reasonable belief that circumstances causing or likely to cause immediate electrical risk existed at time of original decision Queensland Civil and Administrative Tribunal Act 2009 Qld ss 19, 20, 24

Maroochydore Sands Pty Ltd v Minister for State Development, Manufacturing, Infrastructure and Planning [2019] QSC 319
ADMINISTRATIVE LAW – JUDICIAL REVIEW – REVIEWABLE DECISIONS AND CONDUCT – DECISIONS TO WHICH JUDICIAL REVIEW LEGISLATION APPLIES – DECISIONS UNDER AN ENACTMENT – GENERALLY – where the applicant wished to develop commercial plants on a site at Forest Glen – where the applicant’s agent provided a report to a division of the Department of Natural Resources and Mines supporting the inclusion of part of the site as a Key Resource Area (KRA) in the State Planning Policy (SPP) – where the Chief of Staff of the Deputy Premier advised the applicant that the Deputy Premier had decided not to proceed with the inclusion of the site in the SPP guidance or mapping given legal proceedings currently under way in relation to the site – where representatives of the applicant have continued to encourage the Minister and her representatives to make a decision to include the site in the SPP and the SPP guidance material but no such decision has yet been made – where the applicant applied for a statutory order of review – where the respondent Minister applied for the dismissal of the application pursuant to s 48 of the Judicial Review Act 1991 (Qld) because the decision is said not to be one to which the Act applies – whether the Minister is required to make a decision “under an enactment” namely, the Planning Act 2016 (Qld) – whether the decision sought under s 10(5) of the Planning Act is an amendment to a State Planning instrument – whether the decision sought affects legal rights and interests

Queensland Building and Construction Commission & Ors v Ezra Constructions Pty Ltd & Ors [2019] QCA 304
STATUTES – ACTS OF PARLIAMENT – INTERPRETATION – INTERPRETATION ACTS AND PROVISIONS – PRESERVATION OF RIGHTS, LIABILITIES AND LEGAL PROCEEDINGS ON AMENDMENT, REPEAL, LAPSING ETC OF ACT OR PROVISION – ACCRUED RIGHT, PRIVILEGES AND LIABILITIES – where the third respondent was a director of the second respondent and an influential person of the first respondent – where each respondent held a building licence under the Queensland Building and Construction Commission Act – where the third respondent was a director of another company, which did not perform building work and was placed into voluntary administration in 2014 – where that event made the third respondent an excluded person under the Act and therefore made each respondent’s licence susceptible to cancellation by the appellant commission – where the commission issued notices to the respondents in 2018, beginning the process by which the respondents’ licences could be cancelled – where amendments made to the relevant act in 2015, if they applied, would not have categorised the third respondent as an excluded person, thereby immunising the respondents’ licences against susceptibility to cancellation – where those amendments also repealed the right of a person to apply to be categorised as a permitted person, which could have been a process by which the respondents avoided the risk of licence cancellation – where the amending act contained transitional provision relating to rights and liabilities accrued under the Act prior to its amendment – whether the third respondent’s status as an excluded person was preserved – whether the third respondent’s purportedly accrued right to apply for categorisation as a permitted person was preserved – whether the notices under the Act were validly issued

The Chief Executive, Office of Fair Trading, Department of Justice & Attorney-General v White [2019] QCAT 388
ADMINISTRATIVE LAW – ADMINISTRATIVE TRIBUNALS – QUEENSLAND CIVIL AND ADMINISTRATIVE TRIBUNAL – Claim Fund under Agents Financial Administration Act 2014 (Qld) – whether reimbursement order should be made – where property agent misused trust funds – where receiver appointed – where requirements for reimbursement order met – where Tribunal does not have discretion once requirements met - Agents Financial Administration Act 2014 Qld s 64, s 102, s 117, s 118, s 119; Queensland Civil and Administrative Tribunal Rules 2009 Qld r 39

Celsius Fire Services Pty Ltd v Magistrates' Court of Victoria & Anor [2019] VSC 835
ADMINISTRATIVE LAW – Judicial review – Appeal from a decision of the Magistrates’ Court – Whether a ruling was made by the Magistrate – Whether error of law by failure to give adequate reasons – Whether denial of procedural fairness – Availability of certiorari.  Celsius Fire Services Pty Ltd (Celsius) conducts the business of providing fire safety system maintenance services. Through a related entity, Domain Aged Care (Services) Pty Ltd (Domain) operates an aged care centre. Celsius provides fire safety systems maintenance at the aged care centre. While Celsius was carrying out fire maintenance services a fire broke out at the aged care centre.

Del Ben-Athanasaidis v RMIT & Ors [2019] VSC 674
JUDICIAL REVIEW AND APPEALS – Application by a worker to quash the opinion of a medical panel concerning the medical condition of the worker – Adequacy of reasons – Morrison v Melbourne Pathology Pty Ltd [2018] VSC 477, referred to – Whether the medical panel’s reasons showed the path of reasoning to its conclusion that the worker’s symptoms were solely related to her previously asymptomatic constitutional condition – Whether the medical panel’s conclusion open to it on the evidence – Wilson v Liquorland Australia Pty Ltd [2014] VSC 545, referred to – Whether factual error amounts to jurisdictional error – Chang v Neill [2019] VSCA 151, referred to – Reasons inadequate to enable the Court to determine whether the medical panel had fulfilled its statutory function – Remedy of certiorari granted.

Legislation

Commonwealth

Acts

Interactive Gambling Amendment (National Self-exclusion Register) Act 2019
19/12/2019 - Act No. 127 of 2019
The Register will allow individuals to exclude themselves from being provided interactive wagering services by all licensed interactive wagering service providers in Australia, and limit the amount of direct marketing to the individual.

Communications Legislation Amendment (Deregulation and Other Measures) Act 2019
18/12/2019 - Act No. 120 of 2019
Amends the: Broadcasting Services Act 1992 to: remove duplicative requirements for licensees, publishers and controllers to notify the Australian Communications and Media Authority (ACMA) of certain changes in control of regulated media assets; remove requirements for certain television broadcasters to apply different classification standards for films when developing industry codes of practice; remove certain classification-related licence conditions on commercial television and community television broadcasting licensees and providers of open narrowcasting services; and amend two statutory publication requirements

Competition and Consumer Act 2010 and Telecommunications Act 1997 to amend the statutory information collection powers of the ACMA and the ACCC

Counter-Terrorism Legislation Amendment (2019 Measures No. 1) Act 2019
18/12/2019 - Act No. 119 of 2019

Regulation

High Court Amendment (Electronic Filing and Other Matters) Rules 2019
20/12/2019  - These Rules amend the High Court Rules 2004 to provide for electronic lodgment of documents, including amending the court forms, for all cases commenced after 1 January 2020. They also amend the second schedule governing the schedule of fees for work done or services performed.

Public Governance, Performance and Accountability (Establishing Old Parliament House) Amendment (Board Members) Rules 2019
17/12/2019 - This instrument amends the Public Governance, Performance and Accountability (Establishing Old Parliament House) Rule 2016 to provide that the Old Parliament House Board may have a maximum of eight members.

Privacy Amendment (Extension of External Dispute Resolution Scheme Exemption) Regulations 2019
17/12/2019 - These regulations amend the Privacy Regulation 2013 to permit energy and water utilities in the Australian Capital Territory to disclose credit information between 1 January 2020 and 31 December 2021. The regulations will allow ACT utility companies to access the credit reporting system without the requirement to be a ‘member’ of an external dispute resolution (EDR) scheme.

Queensland

Acts

No 5 2019 - Human Rights Act 2019
Historic human rights legislation came into force on 1 January 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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