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Queensland Government Bulletin

25 June 2019

#Government

Queensland Government Bulletin

In the media

HRLC: Federal Court rules that Medevac assessments by Australian doctors must be considered by Minister
The Federal Court of Australia ruled that the Australian Government has to consider applications for refugees on Manus and Nauru made under the Medevac laws that are made in line with standard Australian medical practices (19 June 2019).  More...

Police 'frustrated' at people posting on Facebook about suspicious activity but not alerting them
Queensland police say they have noticed a "frustrating" trend of people posting about suspicious behaviour on Facebook without notifying them directly (22 June 2019).  More...

Woman jailed after defrauding Medicare
Talaiha Inia was sentenced to two years and nine months’ imprisonment after pleading guilty to lodging false Medicare benefit claims valued at $224,986.80. In light of matters personal to Ms Inia, she will be released after 10 months after entering into a recognisance to be of good behaviour for three years (21 June 2019).  More...

Father of pair accused of attacking police officer charged over social media posts
Jared Pihlgren is denied bail and remanded in custody after being charged with using a communication device to menace and intimidation of a law enforcement officer over posts on Facebook which have since been removed (19 June 2019).  More...

Auditor opens book on agency risks
The Australian National Audit Office (ANAO) has released an interim report on the risks posed by financial statements, governance arrangements and internal controls in Commonwealth entities and how they might impact on official audits (17 June 2019).  More...

Screen Australia produces new code
Screen Australia has replaced its mandatory code of conduct for preventing sexual harassment with a new code developed jointly by the Screen Producers Australia (SPA) and the Media Entertainment and Arts Alliance (MEAA) (17 June 2019).  More...

QLS: Proposed “claims farming’’ laws will stamp out predatory practice
Proposed laws to stamp out so-called "claim farming" would protect Queenslanders from predatory and unscrupulous operators trawling for personal injury claims, according to the state’s peak legal body (14 June 2019).  More...

Seven agrees to court-enforced independent review of Sunrise
Earlier this year ACMA found that the panel segment, broadcast in March 2018, breached the Commercial TV Code of Practice. Now Seven must conduct an independent review of how and which relevant production processes on Sunrise ensure code compliance around sensitive and complex matters (17 June 2019).  More...
See ACMA statement MS 21/2019 (14 June).  More...

10 years on: Queensland government agencies’ self-assessment of their progress in right to information and information privacy
Queensland’s Office of the Information Commissioner’s report  10 years on: Queensland government agencies’ self-assessment of their compliance with the Right to Information Act 2009 (Qld) and the Information Privacy Act 2009 (Qld), was tabled in Parliament (13 June 2019).  More...  More...

New district court judge and new magistrates for Queensland
A new judge has been appointed to the District Court of Queensland, along with three new magistrates. Attorney-General Yvette D’Ath said Ken Barlow QC would be appointed to the District Court and  Kurt Fowler, Bronwyn Hartigan and Peter Saggers would be appointed as magistrates (13 June 2019).  More...

Queensland Budget proves to be justice investment bonanza: QLS
The Queensland Budget has proven to be a much needed and long overdue funding boon in justice investment, according to Queensland’s peak legal body, on a wide range of important issues such as an investment in court infrastructure ($57.7m), Queensland Civil and Administrative Tribunal ($13.1m) and Youth Justice ($550m) (11 June 2019).  More...

In practice and courts

Commonwealth Ombudsman:  Defence Force Retirement and Death Benefits (DFRDB)
The Ombudsman is undertaking an own motion investigation into the administration of the Defence Force Retirement and Death Benefits (DFRDB) scheme, specifically the issue of commutation. Please complete this form and return to the Office by 30 June 2019.Forms must be emailed no later than 30 June 2019.  More...

Current Senate Inquiries

Standing Committee of Privileges
Development of a foreign influence transparency scheme to apply to parliamentarians

Standing Committee on Regulations and Ordinances
Parliamentary Scrutiny of Delegated Legislation
The Senate has granted an extension of time for reporting closed on 3 June 2019.

AHRC: Commission calls for public submissions
The AHRC has released an issues paper for ‘Free and Equal’: An Australian conversation on human rights and has called for public submissions. Submissions are open until 12 July 2019. See the issues paper.  More...

ACCAN Submission: NBN Transfer Code
Released: 05 June 2019 In our submission ACCAN recommended that the Code be reconfirmed, and that: the code incorporate reference to the Australian Privacy Principles for smaller providers in order to ensure a consistent industry wide approach to privacy.  More...

Queensland

CCC Investigations
CCC determines not to investigate allegations of corrupt conduct relating to the Deputy Premier - 14 June 2019

OIC Queensland Decisions
82PNLR and Queensland Police Service [2019] QICmr 21 (13 June 2019)
0Q3KKM and Queensland Police Service [2019] QICmr 20 (11 June 2019)

QAO: The role of audit committees in financial reporting
10 June 2019 Advice - Audit committees are typically assigned a broad range of responsibilities under their charters .  More...

Update: Queensland Sentencing Advisory Council: Intermediate sentencing options and parole
The due date for the final report has been extended by three months, by letter from the Attorney-General and Minister for Justice, and Leader of the House, to 31 July 2019.  More...

Published – articles, papers, reports

Interim Report on Key Financial Controls of Major Entities
ANAO: 13 June 2019
Significant and moderate findings arising from the interim audits are reported to the responsible Minister(s), and all findings are reported to those charged with governance of each entity.  More...

Cases

Burchell and National Disability Insurance Agency [2019] AATA 1256
ADMINISTRATIVE LAW – statutory interpretation – Migration Act 1958 (Cth) s 198E(7), where statutory scheme provides for Minister’s approval for the transfer to Australia for medical assessment or treatment of a transitory person located in a regional processing country – where access to scheme initiated by two or more “treating doctors” notifying the Secretary under s 198E(1) and thereupon Secretary notifying the Minister – whether Secretary notified by two “treating doctors” – where “treating doctor” is defined by s 198E(7) as being a medically qualified person who “has assessed the transitory person either remotely or in person” – meaning of “remotely” considered in the context of an assessment which involved no personal engagement between the assessor and the transitory person – whether in an assessment conducted “remotely”, personal engagement between the assessor and the transitory person is a necessary condition to engage the definition of “treating doctor” – whether such a construction involves the impermissible reading into s 198E(7)(b) of implied words – declaration made that two “treating doctors” had notified the Secretary under s 198E(1) – order made for Secretary to notify Minister
Home Affairs Legislation Amendment (Miscellaneous Measures) Act 2019
(Cth), Sch 6
Migration Act 1958 (Cth), ss 5, 198AD, 198E, 198E(1), 198E(2), 198E(2)(b), 198E(3), 198E(3A), 198E(4), 198E(5), 198E(7), 198E(7)(a), 198E(7)(b), 198F, 198F(1), 198F(2), 198F(2)(a), 198F(3), 198F(5), 199A(2), 199B, 199B(3), 199C, 199D, 199D(4)
As soon as practicable, the respondent notify the Minister for Home Affairs that the applicant is a relevant transitory person for the purposes of s 198E(1) of the Migration Act 1958 (Cth).

Vito Mitolo & Son Pty Ltd v Mitolo Wines Aust Pty Ltd [2019] FCA 903
ADMINISTRATIVE LAW — application for an extension of time within which to lodge an application for judicial review under the Administrative Decisions (Judicial Review) Act 1977 (Cth) of a decision of a delegate of the Registrar of Trade Marks — where the application for an extension of time and the substantive application were heard together — consideration of the principles relevant to whether an extension of time should be granted
TRADE MARKS — where the first respondent lodged applications for the registration of trade marks under the Trade Marks Act 1995 (Cth) — where the applicant filed a notice of intention to oppose the registration of the trade marks — where the applicant made a request under reg 5.15 of the Trade Marks Regulations 1995 (Cth) for an extension of time within which to file evidence in support of its opposition — where the delegate refused the request and gave reasons
ADMINISTRATIVE LAW — whether the delegate erred in finding that there were not exceptional circumstances justifying the extension of time under reg 5.15(2)(b) — consideration of the meaning of “exceptional circumstances” — whether the delegate considered the relevant circumstances as a whole or in aggregate in assessing whether there were exceptional circumstances for the purposes of reg 5.15(2)(b)

Roadshow Films Pty Limited v Telstra Corporation Limited [2019] FCA 885
COPYRIGHT – application for “site blocking” orders under s 115A of the Copyright Act 1968 (Cth) – whether requirements of s 115A satisfied – whether orders should be made
Copyright Act 1968 (Cth) s 115A; Copyright Amendment (Online Infringement) Act 2018 (Cth)

Mylan Health Pty Ltd (formerly BGP Products Pty Ltd) v Sun Pharma ANZ Pty Ltd (formerly Ranbaxy Australia Pty Ltd) (No 2) [2019] FCA 883
PATENTS – costs of patent proceeding – whether unsuccessful applicant (patentee) should be required to pay all of respondent’s costs – where respondent unsuccessful on some issues – apportionment justified – applicant to pay 80% of respondent’s costs. Federal Court of Australia Act 1976 (Cth) s 43

NWFQ and Privacy Commissioner [2019] AATA 1302
PRIVACY – review of decision of the Privacy Commissioner – where Commissioner found that data security failure caused interferences with the Applicant’s privacy in breach of Part III of the Privacy Act 1988 – where it was determined that the Other Parties were consequently liable to pay compensation for non-economic loss and her legal expenses – whether the sums payable by the Other Parties should be increased – whether Applicant is entitled to aggravated damages – decision under review is affirmed. Freedom of Information Act 1982; Privacy Act 1988 s 52 

Phonographic Performance Company of Australia Limited v Copyright Tribunal of Australia [2019] FCAFC 95
COPYRIGHT — application for judicial review of a decision of the Copyright Tribunal of Australia made on a reference under s 154(4) of the Copyright Act 1958 (Cth) — where the first applicant sought approval of a licence scheme for the subscription television industry for the use of copyright and sound recordings owned or controlled by persons and entities it represents — where the first applicant is a copyright collecting society
ADMINISTRATIVE LAW — whether the Tribunal asked itself the wrong question and failed to accord procedural fairness to the first applicant — where the Tribunal engaged in a process of judicial estimation to determine whether the proposed licence fee was reasonable or equitable in the circumstances
ADMINISTRATIVE LAW — whether the Tribunal failed to consider charges payable by the second respondent pursuant to an agreement under which it was granted a non-exclusive licence to broadcast or communicate certain musical works and lyrics — whether the Tribunal failed to take into account a mandatory relevant consideration — whether the Tribunal failed to accord procedural fairness to the first applicant by not dealing with a clearly articulated case — whether the Tribunal misconstrued “in the circumstances” in s 154(4) of the Act
ADMINISTRATIVE LAW — whether the Tribunal failed to consider charges payable by commercial television providers — whether the Tribunal failed to take into account a mandatory relevant consideration and thereby failed to accord procedural fairness to the first applicant — whether the Tribunal made findings for which there was no evidence, or which were irrational — whether the Tribunal erred in its approach to calculating a “substantial” increase in fees
ADMINISTRATIVE LAW — whether the Tribunal erred in determining that it had power to vary the proposed licence scheme to incorporate rights which had not been licensed to the first applicant — consideration of the power conferred on the Tribunal by s 154(4) of the Act
COPYRIGHT — consideration of the history, context and purpose of Part VI of the Act — consideration of the definitions of “licence”, “licensor” and “licence scheme” in s 136(1) of the Act — consideration of the nature of a “licence scheme” under s 136(1) of the Act
ADMINISTRATIVE LAW — whether it is appropriate to set aside the Tribunal’s decision and refer the entire matter back to the Tribunal for reconsideration — where the Court has the power to set aside part of a decision pursuant to s 16 of the Administrative Decisions (Judicial Review) Act 1977 (Cth) — where the Tribunal treated the decision as to price separately from that as to power

Solar SG Pty Ltd t/as Solar Service Group v Hufton [2019] NSWCATAP 147
APPEAL – Leave to appeal on a ground other than a question of law – Whether Tribunal’s decision fair and equitable – Whether Tribunal’s decision against the weight of evidence – Whether significant new evidence had arisen since the hearing below – Whether leave should be given to admit evidence available below

Cheng v Bugno [2019] NSWCATAP 148
APPEAL– new trial – procedural fairness – notice of hearing – service in accordance with NCAT Rules – when departure from rules of natural justice will entitle aggrieved party to a new trial — whether compliance with rules of natural justice would have made any difference to the result   LANDLORD AND TENANT – residential tenancies legislation – excessive rent – proof 

Cynthia Jian Er Huang t/as Auchland and Co v Younes [2019] NSWCATAP 153
PROCEDURAL FAIRNESS – where applicant lodged incorrect form in the Tribunal   EVIDENCE – whether the Tribunal acted on no evidence – legal reasonableness of decision

TRG v The Board of Trustees of the Brisbane Grammar School [2019] QSC 157
STATUTES – ACTS OF PARLIAMENT – INTERPRETATION – INTERPRETATION ACTS AND PROVISIONS – where the applicant reached a settlement agreement with the respondent in 2002 in relation to claims of institutional sexual abuse at Brisbane Grammar School during 1987 and 1988 – where the applicant applied under s 48(5A) of the Limitation of Actions Act 1974 for an order setting aside the settlement agreement – where the Act provides that a court may set aside a previous settlement agreement if it is “just and reasonable” to do so – where the parties disagreed on the meaning and scope of “just and reasonable” under the Act – whether it was just and reasonable for the court to set aside the settlement agreement

Legislation

AusCheck Legislation Amendment (2019 Measures No. 1) Regulations 2019
19/06/2019 –  These regulations amend the AusCheck Regulations 2017, the Aviation Transport Security Regulations 2005 and the Maritime Transport and Offshore Facilities Security Regulations 2003 to provide for more reliable and accurate outcomes from the AusCheck scheme, enhance efficiencies within the processes of the scheme and improve the security of the scheme.
Schedule 1—Document Verification Service
(ia)  if the Category A identification document for the individual is determined under section 5AA—details of one or more Category B identification documents or Category C identification documents for the individual, being details AusCheck can use to verify electronically the individual’s identity for the purposes of a background check; 

Queensland

Bills

Civil Liability and Other Legislation Amendment Bill 2018
Introduced by: Hon Y D'Ath MP on 15/11/2018
Stage reached: 2nd reading adjourned on 12/06/2019

Youth Justice and Other Legislation Amendment Bill 2019
Introduced by: Hon D Farmer MP on 14/06/2019 Stage reached: Referred to Committee on 14/06/2019
The Bill makes a number of priority amendments to remove legislative barriers that may contribute to children being refused bail, breaching bail conditions or remaining in detention on remand for an extended period. Importantly, the Bill does not remove discretion and aims to strike a balance between maintaining community safety and enabling the appropriate release of a child from custody.

Motor Accident Insurance and Other Legislation Amendment Bill 2019
Introduced by: Hon. J Trad MP on 14/06/2019 Stage reached: Referred to Committee on 14/06/2019
The Bill's policy objective is to stop claim farming. 'Claim farming', as it is known in the insurance industry, involves anonymous persons contacting members of the public, from local or overseas call-centres or via email or social media, to ask whether they or a family member have been involved in a motor vehicle accident.

Subordinate legislation as made
No 97 Proclamation No. 1—Human Rights Act 2019 (commencing certain provisions)
This Proclamation, made under the Human Rights Act 2019, fixes 1 July 2019 for the commencement of certain provisions of the Act. 14 June 2019

Contacts:
Paul Venus, Partner
T: +61 7 3135 0613
Epaul.venus@holdingredlich.com

Stephen Burton, Partner
T: +61 7 3135 0604
Estephen.burton@holdingredlich.com

Suzy Cairney, Partner
T: +61 7 3135 0684
Esuzy.cairney@holdingredlich.com

Trent Taylor, Partner
T: +61 7 3135 0668
Etrent.taylor@holdingredlich.com

Disclaimer
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