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Queensland Government Bulletin

24 May 2021

#Government

Queensland Government Bulletin

In the media

Telcos warned for failing to protect customers against identity theft
Telstra, Medion Mobile and Optus have been issued formal warnings after the ACMA found they failed to adequately verify people’s identities prior to transferring their mobile phone numbers from other telcos. The ACMA found that in mid-2020, Telstra breached identity verification rules on at least 52 occasions, Medion Mobile on 53 occasions, and Optus on one occasion (21 May 2021).  More...

Research amplifies 14 years of Queensland sentencing trends
New research released by the Queensland Sentencing Advisory Council shows that nearly half of the people sentenced between 2005 and 2019 were repeat offenders and the length of imprisonment for adults increased over that time (20 May 2021).  More...

Facebook to help fund ad industry self-regulation
The Australian Association of National Advertisers (AANA) has welcomed Facebook’s decision to help fund advertising’s self-regulation process. Facebook formally joined the system funding the operating of the advertising self-regulatory system, a group which includes operations of Ad Standards. Under the scheme, advertisers supporting the self-regulatory system voluntarily pay a small level of media spend collected on their behalf by members of the Media Federation of Australia (MFA)(20 May 2021).  More...

Factsheets address abuse in the workplace
Safe Work Australia and eSafety have produced fact sheets warning employers and employees of the dangers of online abuse in the workplace, and outlining measures to prevent it. The fact sheets define online abuse as “behaviour that uses technology to threaten, intimidate, bully, harass or humiliate someone” (20 May 2021).  More...

ACSC lifts efforts to protect infrastructure
The Australian Cyber Security Centre (ACSC) has announced its new Critical Infrastructure Uplift Program (CI-UP) aimed at raising the security levels of critical infrastructure organisations. It noted the Government was assisting in this effort through proposed amendments to the Security of Critical Infrastructure Act 2018 (20 May 2021).  More...

HRLC: Morrison Government must urgently legislate to protect whistleblowers and press freedom
The Human Rights Law Centre has welcomed the findings of a Senate inquiry into press freedom and called on the Morrison Government to immediately act on recommendations to better protect whistleblowers and public interest journalism in Australia (20 May 2021).  More...

Attorneys seek joint approach to violence laws
Attorney-General, Senator Michaelia Cash said the new multi-jurisdictional initiative, aimed at ensuring victims and survivors of sexual violence and coercive control, had similar protections and legal avenues throughout Australia (20 May 2021).  More...

Lycamobile pays $600,000 penalty for public safety failures
Lycamobile Pty Ltd (Lycamobile) has paid an infringement notice of $604,800 after the ACMA found prolonged and large-scale customer data failures, which could have put people in danger. ACMA Chair Nerida O’Loughlin said the Integrated Public Numbers Database (IPND) is used by emergency services when responding to Triple Zero (000) calls from the public (19 May 2021).  More...

HRLC: Dozens of submissions made public after AGs refuse to act on raising the age of criminal responsibility
In an unusual move, 48 organisations have publicly released their submissions to the Council of Attorneys-General working group on raising the minimum age of criminal responsibility in Australia from 10 years old (19 May 2021).  More...

PJCIS: New intelligence law must spell out conditions for data-sharing
A report by the parliamentary joint committee on intelligence and security (PJCIS) has been tabled recommending changes to a new bill that will create a framework for the collection and disclosure of intelligence data (via international production orders) before it is passed by parliament (17 May 2021).  More...

We’re not out to get you: Council watchdog
Queensland’s councillor conduct watchdog has responded to concerns that its powers are being weaponised by detractors and political opponents. Independent Assessor, Kathleen Florian, said she had been contacted by councillors with concerns the complaints system could be misused by people seeking to cause them harm or place them under pressure (17 May 2021).  More...

Governments paying too much for infrastructure
Australian governments are paying too much for major infrastructure contracts because of a lack of competition and undue haste in pushing projects through, a report says. Transport projects are very politicised and governments put a lot of emphasis on getting them started in their term of government so they can claim it as their own (17 May 2021).  More...

Comment invited on Family Law change
The Attorney General’s Department is calling for feedback on a proposed new framework to simplify the property provisions in the Family Law Act 1975 “he ALRC also recommended simplifying the list of matters that a court may take into account" (17 May 2021).  More...

COVID-19 pandemic highlights urgent need for Australian human rights charter
The COVID-19 pandemic has highlighted the need for an Australian charter of human rights to protect all citizens from the impact of arbitrary and unfair government decisions, says the Australian Lawyers Alliance (ALA). (17 May 2021).  More...

Ombudsman tells PS how to apologise
The Commonwealth Ombudsman’s Office has issued a new factsheet to education providers on the correct way to deliver an apology. The Office said giving an effective apology can go a long way to putting things right, resolving disputes and shows your organisation is transparent, accountable and treats people with respect (17 May 2021).  More...

DTA offers Agencies latest website tool
The Digital Transformation Agency’s (DTA) gov.au Observatory Team has launched a tool to help Government Agencies test and implement changes to their websites. DTA said that as user needs and community expectations changed, Agencies needed to continually revitalise their digital services to keep pace (17 May 2021).  More...

ACCC saves Art Gallery from tender scam
The Australian Competition and Consumer Commission (ACCC) has instituted civil proceedings in the Federal Court over an alleged attempted cartel for a National Gallery of Australia (NGA) tender (17 May 2021).  More...

Telcos dial TIO for trouble
A systemic investigation by the Telecommunications Industry Ombudsman’s (TIO) has found poor sales practices, hidden costs and unclear information led  consumers to sign up for telco products or services they didn’t understand or need (17 May 2021).  More...

Call on Government to implement PJCIS recommendations
Implementing the 24 recommendations of the Parliamentary Joint Committee on Intelligence and Security (PJCIS) advisory report on the Telecommunications Legislation Amendment (International Production Orders) Bill 2020 (IPO Bill), would be appropriate according to the Law Council of Australia (14 May 2021).  More...

GPS devices to tackle juvenile crime
Courts will be able to order that certain hardcore youth offenders are to be fitted with GPS devices as a condition of bail from 17 May 2021. Police Minister Mark Ryan said government’s suite of strong new Youth Justice reforms are specifically designed to target hardcore recidivist offenders (14 May 2021).  More...

Funding boost welcome for legal services supporting women and those experiencing mental health issues
The Law Council of Australia is pleased that the Australian Government has announced additional funding for Australia’s legal assistance sector, with a focus on improving access to justice for women and those experiencing mental health issues. Key funding measures in the 2021-22 Budget will provide a range of further legal assistance resourcing under the National Legal Assistance Partnership  (13 May 2021).  More...

Significant funding for Federal Courts applauded
“The increase in funding to the federal courts in the 2021-2022 Federal Budget is welcome by the Law Council of Australia. The government has announced that it will provide $123.8 million over four years to support the reform of the family law system and improve access and safety for children and families (12 May 2021).  More...

The Courts to receive $100 million in Government funding announced in the 2021-22 Budget
The Family Court of Australia (FCoA) and Federal Circuit Court of Australia (FCC) welcome significant funding announced last night as part of the 2021-22 Budget, together with other recent funding, which allows for the appointment of 2 additional FCoA judges, and 8 additional FCC judges. It also provides for important judicial support and reform measures (12 May 2021).  More...

CCC report following investigation into QPS recruitment strategies tabled in State Parliament
The CCC tabled a report in State Parliament following its investigation into historical recruitment strategies of the Queensland Police Service aimed at addressing the comparatively low numbers of females within the Service (12 May 2021).  More...

OAIC welcomes additional funding for data protection and FOI
The OAIC welcomes additional funding for privacy and access to information functions announced in the 2021-22 Federal Budget (12 May 2021).  More...

Enhanced legal and workplace services to support Australians
The Morrison Government is boosting investment in important legal and workplace services, keeping Australian families safe and supporting businesses as part of our plan to secure Australia’s recovery. Funding announced in the 2021-22 Budget will boost family law services, and provide more legal and social support for people experiencing domestic and family violence (11 May 2021).  More...

CCC calls for public servants to participate in integrity survey
On Wednesday 5 May 2021, the Crime and Corruption Commission (CCC) began rolling out an ‘Integrity Survey’ across public service departments to better understand the perceptions of corruption risks, attitudes towards reporting corruption, and integrity (10 May 2021).  More...

In practice and courts

Attorney General Appointments – 13 May 2021

Reappointment of Commonwealth Director of Public Prosecutions
The reappointment of Ms Sarah McNaughton SC as Commonwealth Director of Public Prosecutions for a period of two years.

Appointment to the Family Court of Australia
Judge Terrence McGuire has been appointed as a judge of the Family Court of Australia.

Reappointments to the Administrative Appeals Tribunal
Thirteen reappointments to the Administrative Appeals Tribunal.

Appointments to the Federal Circuit Court of Australia
Ms Sandra Taglieri SC and Mr Marcus Turnbull SC have been appointed as judges of the Federal Circuit Court of Australia (FCC).

Commonwealth Parliamentary Review now open for submissions and interviews: Sex Discrimination
20 May, 2021 - The AHRC will commence 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 in the prevention and handling of bullying, sexual harassment and sexual assault. Make a written submission here. The Department said it would receive submissions on its Consultation Paper until 9 July. The Department’s 17-page Consultation Paper, including information on how to have a say, can be accessed here.

Safe Work Australia: Online abuse in the workplace – new fact sheets
Date 18 May 2021 - New fact sheets providing practical steps to support persons conducting a business or undertaking (PCBUs) (such as employers) and workers to prevent online abuse in the workplace have been developed by Safe Work Australia and eSafety. View the Online abuse fact sheet – Information for employers and Online abuse fact sheet – Information for workers.  More...

Attorney general consultations

National Register of Enduring Powers of Attorney
Closing date 30 June 2021
Attorneys-General from each Australian jurisdiction have agreed to consult on possible arrangements for a National Register of Enduring Powers of Attorney. We have prepared a consultation paper to seek your views here

Law Council of Australia Submissions

19 May 2021— Law Council
Changes to enforcement powers in the Electronic Conveyancing National Law

10 May 2021— Law Council
ParentsNext: Examination of Social Security (Parenting payment participation requirements - class of persons) instrument 2021

10 May 2021— Law Council
Establishment of an Accreditation Scheme for Children’s Contact Services

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. 10/2021, 17 May 2021.  More...

AHRC: Independent Review into Commonwealth Parliamentary workplaces
The Commission will not be investigating nor making findings about individual allegations of bullying, sexual harassment or sexual assault as part of the Review.  The Commission will report on its findings and recommendations in a report to be tabled in Parliament in November 2021. The Terms of Reference outline the scope of the Review in more detail here

OAIC Consultations

National Health (Privacy) Rules 2018 review
The closing date for submissions is 4 June 2021.  More...

Consultation on Data-Matching Program Guidelines
In May 2021, a public consultation process on the Data-Matching Program (Assistance and Tax) Guidelines 1994 (the Guidelines) to ensure they are fit for purpose. The current Guidelines sunset on 1 October 2021. The closing date for comments closed on 19 May 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 13 May 2021.  More...

ALRC Judicial Impartiality Consultation Paper 2021
The Inquiry would look at judges in the High Court, Federal Court, Family Court and Federal Circuit Court. Submissions are open until 30 June. The ALRC was expected to deliver is report to the Attorney-General by 30 September. The Paper can be accessed here.

Regulator Performance guide for consultation                             
The guide will empower regulators to demonstrate and report on best practice performance that is in line with the Government’s expectations and supports investment and growth. Submissions open until 21 May 2021.  More...

ANAO Consultations
Due to table: May 2021 Open for contribution Administration of the National Bushfire Recovery Agency The objective of this audit is to assess the effectiveness of the National Bushfire Recovery Agency and its administration of the National Bushfire Recovery Fund. Due to table: May, 2021 Open for contribution - Australian National University’s Governance and Control Frameworks - The objective of this audit is to examine the effectiveness of the Australian National University’s governance and control frameworks.

Finance and Public Administration Legislation Committee
Operation and management of the Department of Parliamentary Services
On 11 May 2021, the reporting date was extended to 30 June 2021.

Legal and Constitutional Affairs Legislation Committee
Judges’ Pensions Amendment (Pension Not Payable for Misconduct) Bill 2020  
On 18 March 2021, the Senate granted an extension of time for reporting until 20 May 2021.

New - Family Law Amendment (Federal Family Violence Orders) Bill 2021 [Provisions]

Queensland

Queensland Court Appointments – May 2021

Appointment of Supreme Court Justice Freeburn
Queensland Government - Attorney-General and Minister for Justice Shannon Fentiman announced the appointment of the newest Justice to the Queensland Supreme Court Trial Division, Paul Freeburn QC.

Queensland's Public Trustee appointed
Queensland Government - Acting Public Trustee, Samay Zhouand, has been appointed to the role of Queensland's Public Trustee for a period of three years.

Amendments to the Youth Justice Regulation 2016 - Youth Justice (Monitoring Device Conditions) Amendment Regulation 2021
Amendments have been made to the Youth Justice Regulation 2016 to prescribe the areas in which electronic monitoring provisions will apply. These changes have come into effect on 17 May 2021.
The amended regulation is available here, with information on the changes outlined on the Department’s website.

Land Court launches Procedural Assistance Service
The Land Court has launched a dedicated Procedural Assistance Service website to assist self-represented litigants in the court (12 May 2021).  More...  

Queensland Intermediary Scheme webpages
The Queensland Intermediary Scheme webpages are now live on the Queensland Courts website. Intermediaries are speech pathologists, psychologists, occupational therapists, or social workers who are assigned to facilitate communication between witnesses and police and witnesses and courts (12 May 2021). 

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 (12 May 2021).

OIC Qld: Follow-up audit report – Bundaberg Regional Council
On 11 May 2021, the Chair of the Legal Affairs and Safety parliamentary committee tabled our follow-up report of Bundaberg Regional Council’s compliance with the Right to Information Act 2009 (Qld) and the Information Privacy Act 2009 (Qld).  More...

Queensland Courts

28 April 2021: Supreme Court news - Updated Practice Note SC CL 2 - Criminal Proceedings
The Chief Justice has reissued Practice Note SC CL 2 – Criminal Proceedings. The revised Practice Note commences operation 1 May 2021. It was last reissued on 21 September 2020. Increasing the timeframe in which to serve documents; clarifying that the prosecution must include a statement where post-offence conduct is relied upon; and updating the types of matters that may be brought before the Court.  More... 

30 April 2021: Supreme Court news - Practice Note SC CCA 1 - Court of Criminal Appeal - General
The Chief Justice has issued Practice Note SC CCA 1 – Court of Criminal Appeal - General. 
The Practice Note commences operation on 01 May 2021.  More...

Queensland Law Reform Commission Consultation Paper – a legal framework for voluntary assisted dying
Tabled in Parliament on 18 May 2021. As previewed in the Commission's Review Update issued on 10 May 2021, the Commission's Report No 79 (and draft Voluntary Assisted Dying Bill 2021 - as Appendix F to the Report) and Report Summary have been tabled in the Parliament. Report 79: - Full Report and Report Summary.

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...

Published - articles, papers, reports

Advisory Report on the Telecommunications Legislation Amendment (International Production Orders) Bill 2020
Parliamentary Joint Committee on Intelligence and Security: May 2021
Among the committee’s key recommendations are the creation of a list of conditions to apply to any international agreement that Australia enters into to share intelligence data with overseas powers. View the A report by the parliamentary joint committee on intelligence and security (PJCIS)

Defence’s Implementation of Cultural Reform
ANAO Auditor-General Report No. 38 of 2020–21): 20 May 2021
The objective of the audit was to assess the effectiveness to date of the Department of Defence’s implementation of its Pathway to Change — Evolving Defence Culture 2017–2022 cultural reform strategy.  More...

The factsheet – How to deliver an effective apology
Ombudsman: May 2021
The Ombudsman’s Office advised entities to avoid apologies that were inaccurate; misguided; generalised; avoidant; conditional; or partial.  More...

Helping telco consumers sign up to the right phone and internet products
TIO Systemic investigation report: May 2021
In each of the five investigations explored in the Report, the telcos improved their selling practices, which included updating advertising and increasing training for sales staff. The findings of this investigation show consumers do not always understand what they are buying and this leads to problems. The Ombudsman provided five tips for phone and internet consumers The Ombudsman’s Report can be accessed here.

PGPA Newsletter 68
Published Date 13 May 2021
Feedback request: New beta site structure.gov.au;  RMG Refresh - Executive Remuneration Reporting (RMGs 138 and 139); PGPA Rule Amendments; Comcover Education.  More...

It’s time for the government to walk the talk on media freedom in Australia
Johan Lidberg, Associate Professor, School of Media, Monash University: The Conversation. When the Australian Federal Police (AFP) raided journalists and media organisations two years ago, it showed the balance between national security and journalism is severely out of whack in Australia. To address this, a Senate inquiry into press freedom was launched. Its report, released this week, made 17 recommendations — many of which go much further than previous inquiries into media freedom (21 May 2021).  More...

The Justice reform initiative
Nicholas Cowdery AO QC FAAL; Bar News Autumn 2021.  More...

Assessing credibility in the virtual court room
Daniel Tynan; Bar News Autumn 2021
This growing body of research shows that while most people think they are good at detecting deceit they are not. It also raises a question about how well we perform the task of determining whether someone is lying in a profession that assumes that seeing and hearing a witness in person is crucial to fair judicial decision making.  More...

Baseline report: The sentencing of people in Queensland
Queensland Sentencing Advisory Council: 20 May 2021.
Brings together 14 years of data, framing a solid picture of the people and offences sentenced across the state, as well as the penalties imposed by the courts. The Baseline report shows that within the 14-year period, the rate of offending was highest in remote areas and lowest in major cities.  More...

Investigation Arista: A report concerning the investigation into the Queensland Police Service’s 50/50 gender equity recruitment strategy
CCC Investigation report: 12 May 2021
This report details how what started as a nobly intended strategy was poorly communicated.  More...

Cases

Australian Competition and Consumer Commission v Campbell (No 3) [2021] FCA 528
CONSUMER LAW – application for remedies under the Australian Consumer Law (Schedule 2 to the Competition and Consumer Act 2010 (Cth)) –  consideration of the relevant principles to the assessment of pecuniary penalties, non-party consumer redress orders, declaratory and injunctive relief.
STATUTORY INTERPRETATION – proper construction of s 227 of the Australian Consumer Law – meaning and effect of the requirement to give preference to making an order for compensation – whether orders proposed by the applicant satisfy that requirement.

Angel Flight Australia v Civil Aviation Safety Authority [2021] FCA 469
STATUTORY INTERPRETATION – Civil Aviation Safety Authority made instrument designated as CASA 09/19 – Civil Aviation (Community Service Flights – Conditions on Flight Crew Licences) Instrument 2019 – applicant seeks orders quashing the instrument and other declaratory relief – whether the instrument is ultra vires in that it fell beyond power conferred by regulation 11.068 of the Civil Aviation Safety Regulations 1998 (Cth) – whether the “class of authorisation” specified in the instrument is not a “class of civil aviation authorisation” specified by the Civil Aviation Safety Regulations 1998 (Cth) – whether the instrument was not authorised by regulation 11.068 of the Civil Aviation Safety Regulations 1998 (Cth) – whether the instrument is expressed to apply in relation to a type of aviation operation (“community service flights”) and not a class of persons – whether the instrument is properly a “legislative instrument”.
ADMINISTRATIVE LAW – unreasonableness and reasonable proportionality – whether the instrument is unreasonable or not reasonably proportionate – whether the Civil Aviation Safety Authority’s assessment of risks was not justified on any reasonable ground – whether that assessment was irrational – whether the conditions imposed by the instrument had an insufficient connection to the power conferred by regulation 11.068 of the Civil Aviation Safety Regulations 1998 (Cth).
Held: relevant instrument not ultra vires or unreasonable

Beijing Jishi Venture Capital Fund (Limited Partnership) v Liu [2021] FCA 477
ARBITRATION – international arbitration – application for summary judgment under s 31A of the Federal Court of Australia Act 1976 (Cth) in respect of an application for enforcement of a foreign arbitral award under s 8(3) of the International Arbitration Act 1974 (Cth) – where second respondent contends that she did not receive proper notice of the arbitration or appointment of arbitrators – where second respondent contends that the arbitral award involved a breach of natural justice – application for summary judgment against second respondent refused but granted against other respondents – application to enforce award refused against second respondent but granted against other respondents.

Shell Energy Holdings Australia Limited v Commissioner of Taxation [2021] FCA 496
TAXATION - appeal against objection decision of Commissioner of Taxation - where applicant party to joint venture agreements in relation to natural gas project - where participants in project held  statutory  titles which conferred authority to explore for petroleum - where applicant increased its proportional interest in each of  statutory  titles through purchase of additional proportional interest pursuant to Asset Exchange Agreement.
CONSTITUTIONAL LAW - whether rights and title vested in each State by Coastal Waters (State Title) Act 1980 (Cth) prohibit exploration or exploitation of natural resources - consideration of breadth of authority to explore conferred by  statutory  titles - consideration of extent of activities requiring permission from the Commonwealth or relevant State.

Isberg v Moreton Bay Regional Council [2021] QCAT 168
ADMINISTRATIVE LAW – ADMINISTRATIVE TRIBUNALS – QUEENSLAND CIVIL AND ADMINISTRATIVE TRIBUNAL – where incident involving a dog bite in a public carpark – where the incident was recorded by camera footage – where injuries sustained by the victim – where the Council declared the dog a dangerous dog – where the dog owner applied for review – whether the attack was a serious attack – whether the dog should be declared a dangerous dog Animal Management (Cats and Dogs) Act 2008 Qld s 59, s 89, s 94; Queensland Civil and Administrative Tribunal Act 2009 Qld s 19, s 20, s 23 

Fernwood Womens Health Clubs (Australia) Pty Ltd [2021] QCAT 164
HUMAN RIGHTS – DISCRIMINATION – LEGISLATION – GENERALLY –where discrimination on the basis of sex in the opening, promotion and operation of health clubs run exclusively by and for women – whether exemption from pre-work, work area, in the provision of goods and services and advertising should be granted
Anti-Discrimination Act 1991 Qld s7, s14, s15, s46, s113, s127, s174A
Human Rights Act 2019 Qld s8, s13, s15, s58

LKB Group Pty Ltd v Niclin Constructions Pty Ltd & Ors [2021] QSC 93
ADMINISTRATIVE LAW – JUDICIAL REVIEW – GROUNDS OF REVIEW – JURISDICTIONAL MATTERS – where the applicant as principal and the first respondent as contractor entered into a contract for construction work – where the amended adjudicated amount included amounts for variations which had been claimed, approved and paid by the principal and were not included in the payment claim – where the amended adjudicated amount included an amount for a variation which the adjudicator in his reasons indicated would be deleted – where the amended adjudicated amount included an amount for “repayment of liquidated damages wrongly set off against [the contractor]” – whether there was a contractual basis for the inclusion of an amount for repayment of liquidated damages in the amended adjudicated amount – whether the amended adjudicator’s decision is affected by jurisdictional error – whether the amended adjudicated amount should be declared invalid and reduced to that extent
ADMINISTRATIVE LAW – JUDICIAL REVIEW – REVIEWABLE DECISIONS AND CONDUCT – REVIEW OF PARTICULAR DECISIONS – where the third respondent decided that the whole amount of the adjudicator’s fees and expenses of $86,605.75 was to be paid by the principal – where the third respondent’s reasons for that decision included that the principal had caused significant increases in the time required to process the adjudication application and the cost of the decision – whether the contractor should be ordered to pay 50 per cent of the adjudicator’s fees and expenses if the amended adjudicator’s decision is found to be affected by jurisdictional error
Building Industry Fairness (Security of Payment) Act 2017 Qld s 68, s 69, s 70, s 71, s 73, s 75, s 76, s 79, s 82, s 88, s 89, s 96, s 101 

Legislation

Commonwealth

Biosecurity Amendment (No Crime to Return Home) Bill 2021 
13/05/2021 - The Bill amends the Biosecurity Act 2015 to prohibit the Minister for Health from determining requirements under section 477, or giving directions under section 478 of the Act, during a human biosecurity emergency that prevent Australians from returning to Australia. A failure to comply with such a direction can also result in a fine or imprisonment for up to five years under section 479.

Mutual Recognition Amendment Bill 2021
HR 12/05/2021 Message from Senate reported
To introduce a uniform scheme of automatic mutual recognition (AMR) by enabling an individual who is registered for an occupation in their home state to carry on those activities in other states and territories; enable a state minister to exempt a registration in their state from being subject to AMR for a renewable period of up to five years because of a significant risk to consumer protection, the environment, animal welfare or the health or safety of workers or the public; and enable a state minister to exempt a registration in their state for a temporary period. 

Regulations

Inspector-General of the Australian Defence Force Amendment Regulations 2021 
18/05/2021 - This instrument amends the Inspector-General of the Australian Defence Force Regulation 2016 to expressly allow the Inspector-General of the Australian Defence Force to disclose information relating to the conduct of an inquiry (including the report about an inquiry) to law enforcement agencies and other agencies such as regulatory bodies and State and Territory courts including coroners’ offices.

Marriage (Celebrant Fees) Determination 2021
14 /05/20211 -This determination sets out the fees to be charged for applicants to be registered as a marriage celebrant and for exemptions from relevant requirements and repeals the Marriage (Celebrant Fees) Determination 2014.

Fair Work and Other Legislation Amendment Regulations 2021 
14/05/2021 - This instrument amends the Fair Work Regulations 2009 and the Federal Court and Federal Circuit Court Regulation 2012 and specifies the ways in which the Casual Employment Information Statement may be delivered to employees and a manner in which applicants may indicate that they want the small claims dispute resolution process to apply to a casual conversion dispute, and sets the applicable filing fee in the Federal Circuit Court of Australia for such disputes.

Marriage (Celebrant Registration Charge) Determination 2021 
14/05/2021 - This determination sets the amount of the annual celebrant registration charge payable by Commonwealth-registered marriage celebrants at $170 from 1 July 2021 and repeals the Marriage (Celebrant Registration Charge) Determination 2020.

Queensland

Subordinate legislation as made – 14 May 2021
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.

No 43 Youth Justice (Monitoring Device Conditions) Amendment Regulation 2021
This regulation commences on 17 May 2021. The evidence in relation to the use of electronic monitoring technology for children on bail is inconclusive, so the policy objective of s 52AA of the Youth Justice Act 1992, recently inserted by the Youth Justice and Other Legislation Amendment Act 2021, is to facilitate a 12-month trial of the technology. The section is 'sunsetted' two years after it commences.

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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