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Queensland Government Bulletin

26 November 2018

#Government

Queensland Government Bulletin

In the media 

"Dolly's Law" - Putting cyberbullies on notice
Perpetrators of online bullying could face up to five years' prison time under tough new laws passed by NSW Parliament. "Dolly's Law" is now putting online abusers on notice that if their actions cause people to fear physical or mental harm, they face a maximum penalty of five years imprisonment (22 November 2018).  More... 

New funding for family law services to support women to recover financially after separation
Women will be the major beneficiaries of a major funding boost for family law services and initiatives to help women establish economic security after ending a relationship as part of the Coalition Government's Women's Economic Security Package (20 November 2018).  More... 

AHRC: Workplace Sexual Harassment Inquiry - Call for limited waive of NDAs
Australian Sex Discrimination Commissioner, Kate Jenkins, is calling on Australian employers to issue a limited waiver of confidentiality obligations in non-disclosure agreements (NDAs) for the purpose of allowing people to make a confidential submission to the National Inquiry into Workplace Sexual Harassment (the National Inquiry) (20 November 2018).  More... 

$51.5 million boost to pursue criminal prosecutions for financial misconduct
The Liberal National Government is providing an additional $51.5 million to the Commonwealth Director of Public Prosecutions (CDPP) and the Federal Court of Australia to enable further prosecutions of criminal misconduct by banks and other financial institutions and to ensure civil claims are dealt with effectively and expeditiously (16 November 2018).  More...  

Commissioners welcome moves by police to tackle racism
The Australian Human Rights Commission has welcomed moves by Australia and New Zealand police services to tackle racism and improve engagement with racially and culturally diverse communities (15 November 2018).  More...  

Victorian Bar elects 2019 President and Bar Council members
Dr Matthew Collins QC has been re-elected President for a second term, as have the other members of the Bar Council executive. Six new members have been elected to the Bar Council, providing an excellent balance of continuity and renewal and bringing a broad range of skills and abilities to Council (15 November 2018).  More... 

My Health Record privacy measures pass the Senate
The Australian Government has successfully passed important privacy measures relating to My Health Record through the Senate (15 November 2018).  More...  

Integrity agencies share insights on preventing corruption
More than 70 public sector employees gathered in Ballarat to discuss potential corruption risks their organisations could face and how to prevent them, at a forum organised by Victoria’s independent anti-corruption body, IBAC (15 November 2018).  More... 

Better access to justice for child sexual abuse survivors
Attorney-General Yvette D’Ath said the Civil Liability and Other Legislation Amendment Bill 2018 would improve the capacity of the justice system to provide fair access and outcomes to child sexual abuse survivors who wished to pursue a claim for civil damages for personal injury arising from the sexual abuse (15 November 2018).  More... 

Ban on use of drones above prisons
The NSW Government is tightening security at the state’s prisons with a ban on the use of drones above prisons and juvenile detention centres. The NSW Parliament has passed a Bill amending the Crimes (Administration Sentences) Act 1999, the Children (Detention Centres Act) 1987 and associated regulations (14 November 2018).  More... 

ACMA ups its telco compliance activities
Telcos were subject to increased audit and compliance activities by the ACMA from July to September 2018. In this quarter, the ACMA launched 59 new telco compliance investigations - 41 of which relate to a new Complaints-handling Standard. The audit indicated to the ACMA that a range of telcos did not classify complaints or set out processes for classification (14 November 2018).  More... 

Palaszczuk Government strengthens blue card system
The Palaszczuk Government is further strengthening Queensland’s blue card system with eight more disqualifying offences and the introduction of a new Bill legislating the ‘No Card, No Start’ scheme.The Working with Children (Risk Management and Screening) and Other Legislation Amendment Bill 2018 introduced to Parliament includes a number of QFCC recommendations (13 November 2018).  More...  

New online system to take stress out of finding a JP
The improved register will also assist culturally and linguistically diverse communities, by enabling people to search for a local Justice of the Peace (JP) who speaks a particular language. The current system only allows users to search for a JP by name, registration number or postcode. The new-look register will begin operating in early 2019 (3 November 2018).  More...  

Securing our safety with stronger terror laws
The NSW Government will further strengthen counter-terrorism laws to better protect the community from terrorists and other dangerous offenders. These important reforms introduce extraordinary powers which can be exercised by the Supreme Court – with appropriate safeguards – to help keep the community safe (13 November 2018).  More... 

In practice and courts

High Court of Australia
High Court of Australia Bulletin [2018] HCAB 09 (19 November 2018).  More... 

Digital Transformation Strategy
The newly launched Digital Transformation Strategy aims to have all government services available digitally by 2025, along with a roadmap of key initiatives for the next two years. The strategy provides a direction for governments’ work on data and digital transformation and underpins the Commonwealth’s stated aim of remaining in the top three digital governments in the world by 2025 (21 November 2018). 

Queensland

CCC: Review of the Terrorism (Preventative Detention) Act 2005 tabled in Parliament - 19 November 2018
A CCC report on Queensland’s Terrorism (Preventative Detention) Act 2005 (TPDA) was tabled in State Parliament by the Minister for Police and Minister for Corrective Services. In line with the requirements of section 83A of the TPDA, the CCC commenced the review in October 2017. As part of its review, the CCC invited written submissions from stakeholders and members of the public. The CCC received 10 submissions, which can be viewed here. Read the CCC's full report here

CCC Prevention in Focus: November 2018
Body worn cameras are increasingly being used by a number of public agencies, primarily the Queensland Police Service. This paper draws on CCC complaints data and case studies to raise awareness of how these devices can be useful in resolving complaints.  More... 

QLS: Position statement on sexual harassment, workplace bullying, and discrimination
As Queensland’s peak professional body for the legal profession, Queensland Law Society has an essential role to play in leading the profession towards healthy, safe, inclusive and respectful workplaces. The Society has created a position statement that sets out a strategy to highlight what we consider as the issues and our response to them (21 November 2018).  More...  

QLS: You’re invited to provide feedback – Legal policy reform
Practitioners are invited to provide feedback as QLS policy committees prepare submissions for reviews of: (1) the Human Rights Bill 2018, (2) Justice Legislation (Links to Terrorist Activity) Amendment Bill 2018 (21 November 2018).  More... 

Practice notes
The Chief Magistrate of the District Court of Queensland has issued the following practice directions:
Practice Direction 5 of 2018 – Registry to compile list of outstanding offences
Practice Direction 6 of 2018 – Application for an extension of a court assessment order

Legal Aid Queensland Youth Justice Practitioners Guide
Legal Aid Queensland has launched its Youth Justice Practitioners Guide. The guide was developed for both defence and prosecution lawyers who appear before the Childrens Court. It outlines specific provisions of the Youth Justice Act 1992 — its principles and its procedures. Practitioners who are working in this space should also be aware of, and comply with, Legal Aid Queensland’s guidelines for working with children and young people (November 2018). 

Published - articles, paper, reports

Guidance on caretaker conventions
Department of the Prime Minister and Cabinet (Australia): 20 November 2018
During the caretaker period, the business of government continues and ordinary matters of administration still need to be addressed.

Insights from reports tabled July to September 2018
ANAO: 19 November 2018
This edition of audit insights focuses on efficiency in the public sector. Find out more about what we think efficiency looks like, why we think efficiency is important in ensuring that public sector agencies remain sustainable, and some examples from recently tabled audits of what we can learn from others. 

Second Independent Privacy Impact Assessment (PIA) for the Trusted Digital Identity Framework (TDIF)
Galexia; Digital Transformation Agency (Australia): 13 November 2018
Galexia is undertaking a Second Privacy Impact Assessment (PIA) for the Digital Transformation Agency (DTA) on the proposal to establish the Trusted Digital Identity Framework (TDIF). The purpose of this PIA is to assist in identifying and managing privacy issues that are raised by the establishment of the TDIF.

Governance innovation for a connected world
Eileen Donahoe et al; Centre for International Governance Innovation: 13 November 2018
The goal of this report, and those involved in its formation, is to enhance free expression, diversity and democracy at the same time as we protect human rights and encourage innovation. 

Cabinet Handbook - 12th edition
Department of the Prime Minister and Cabinet (Australia): 12 November 2018
The Cabinet Handbook 12th edition is designed to ensure that the Cabinet observes conventions and principles and fulfils its central purpose of informed decision-making. 

Examining the power of Child-At-Risk electronic medical record (eMR) alerts to share interpersonal violence, abuse and neglect concerns: Do child protection alerts help?
Rosemaria Flaherty, Jenna Meiksans, Stewart McDougall, Fiona Arney: 15 November 2018
This project sought to understand the impact of this Child-At-Risk (CAR) electronic Medical Record (eMR) alert information sharing system on outcomes for women and children. 

Governance innovation for a connected world
Eileen Donahoe et al; Centre for International Governance Innovation: 13 November 2018
The goal of this report, and those involved in its formation, is to enhance free expression, diversity and democracy at the same time as we protect human rights and encourage innovation. 

The "modern approach" to statutory interpretation and the principle of legality: an issue of coherence?
Dan Meagher, (2018) 46(3) Federal Law Review 397
The 'modern approach' to interpretation requires that effect be given to the ordinary meaning of a statutory text in its wider context and with reference to its purpose. This article interrogates the interpretive approach used by the High Court in fundamental rights cases to assess its compatibility with this 'modern approach'.

Cases

AIT18 v Australian Information Commissioner [2018] FCAFC 192
HUMAN RIGHTS – Privacy – where the applicant claimed compensation from the Department of Veterans’ Affairs (DVA) for injuries he suffered while serving as a member of the Royal Australian Air Force and Australian Defence Force – where the applicant was dissatisfied with the processing of his claims by DVA and engaged in vitriolic, threatening and offensive language towards DVA personnel – whether the Administrative Appeals Tribunal erred in finding that DVA had not breached s 14 of the Privacy Act 1988 (Cth) and Information Privacy Principles 11.1(a) or (d) by disclosing the applicant’s personal information to a senior medical officer, the Head of Joint Health Command in the Department of Defence and the Chief of Air Force.
STATUTORY INTERPRETATION – construction of the Privacy Act 1988 (Cth) and Information Privacy Principle 11.1 – whether the applicant was reasonably likely to have been aware that information of the kind disclosed by DVA was usually passed to those to whom the disclosures were made – whether disclosure was required or authorised by or under law. 

Banerjee v Commissioner of Police [2018] NSWCA 283
CONSTITUTIONAL LAW – inconsistency – Constitution, s 109 – circumstances in which operation of State law will be inconsistent with Commonwealth law – where provisions of Security Industry Act 1997 (NSW) and Security Industry Regulation 2016 (NSW), cl 13(3) mandated revocation of company’s security licence upon entering voluntary administration – State laws prevented company entering voluntary administration from carrying on primary business – whether operation of State laws inconsistent with Corporations Act 2001 (Cth), Pt 5.3A – whether State laws invalid to extent of inconsistency.
COMMERCIAL LAW – security industry – requirement that Commissioner of Police revoke master licence of corporation under administration – whether valid State law. 

Goodwin Street Developments Pty Ltd v DSD Builders Pty Ltd [2018] NSWCA 276
ADMINISTRATIVE LAW – judicial review – content of obligation to act in good faith – whether lack of good faith established by failure to “grapple with” all matters decision-maker required to consider – whether lack of good faith requires wilful blindness or conscious maladministration. BUILDING AND CONSTRUCTION – adjudication of payment claim – review of adjudicator’s decision – circumstances in which adjudicator’s decision invalid for lack of good faith – whether decision reviewable for failure to “grapple with” all matters adjudicator required to consider – Building and Construction Industry Security of Payment Act 1999 (NSW), ss 10(1)(b), 22(2) 

Saeed Dezfouli v NSW Police Force [2018] NSWCATAD 264
Administrative Law – Government Information – access application – redaction of names – personal information - whether public interest considerations against disclosure outweigh public interest considerations in favour of disclosure –whether risk of harm or serious harassment or serious intimidation if names disclosed.  

Shop, Distributive & Allied Employees’ Association v Secretary, NSW Treasury [2018] NSWSC 1760
APPEALS – by leave on question of law – leave granted as questions of statutory interpretation arise – benefits of authoritative decision. STATUTORY INTERPRETATION – exemption order made under Shops and Industries Act 1962 (NSW) – construction of transitional provisions in Shop Trading Amendment Act 2009 (NSW).
STATUTORY INTERPRETATION – right conferred on representative of industrial organisation to apply for review to Civil and Administrative Tribunal – plain meaning of words exclude right of industrial organisation itself to apply. 

Olefines Pty Ltd v Valuer-General of New South Wales [2018] NSWCA 265
STATUTORY INTERPRETATION – primacy of text –structure of legislation – construction of provision containing zeugma – no wider context or extrinsic factors to be considered – Stevens v Kabushiki Kaisha Sony Computer Entertainment (2005) 224 CLR 193; [2005] HCA 58 applied.
VALUATION – land value.

Liang v University of Technology Sydney [2018] NSWSC 1740
ADMINISTRATIVE LAW – administrative tribunals – where plaintiff sought stay of proceedings before Appeal Panel of NCAT – no grounds for intervention of Supreme Court – stay refused. 

AAI Limited t/as AAMI v Phillips [2018] NSWSC 1710
ADMINISTRATIVE LAW – judicial review - assessment of causation of neck injury by Motor Accidents Medical Assessment Service Review Panel – whether misapplication of principles of causation disclosed jurisdictional error – whether proposed surgical treatment is related to injury caused by one or more of three motor accidents – where Panel found that mild soft tissue injuries did not materially contribute to chronic degeneration but nevertheless found that proposed surgery related to accidents causing those injuries – where Panel did not make determination in respect of submissions about the persistence of symptoms of those injuries – Panel yet to determine related question of whether proposed treatment reasonable or necessary.
ADMINISTRATIVE LAW – prerogative writs - certiorari – need for reviewed decision to have apparent legal effect or to affect rights – declaratory relief available in circumstances where Panel decision did not have immediate legal effect. 

Purrer v Information Commissioner [2018] QSC 272
ADMINISTRATIVE LAW – JUDICIAL REVIEW – GROUNDS OF REVIEW – ERROR OF LAW – where applicant made a privacy complaint – where the complaint related to OneSchool records – where complaint concerned the applicant’s personal information, as well as the personal information of others – whether there was an error of law in the respondent’s refusal to accept the applicant’s complaint.

Group Five Pty Ltd v Body Corporate for Cairns Golden Sands [2018] QCAT 372
PROCEDURE – CIVIL PROCEEDINGS IN STATE AND TERRITORY COURTS – COSTS – GENERAL MATTERS – GENERALLY – where enabling Act does not empower QCAT to award costs – whether interests of justice require order for costs – consideration of factors under s 102(3) of Queensland Civil and Administrative Tribunal Act 2009 (Qld) – whether party acted in a way that unnecessarily disadvantaged another party – consideration of nature and complexity of the dispute – consideration of the relative strengths of the claims made by the parties – consideration of the financial circumstances of the parties – consideration of ‘anything else the tribunal considers relevant’ – where no order for costs. 

Legislation 

Commonwealth

Regulation

Telecommunications (Interceptions and Access) (Requirements for Authorisations, Notifications and Revocations) Determination 2018
22/11/2018 - LIN18/199 - This instrument sets out the requirements relating to an authorisation made under Division 3, 4 or 4A of Part 4-1 of Chapter 4 of the Telecommunications (Interception and Access) Act 1979, and relating to the notification of an authorisation, the revocation of an authorisation and the notification of a revocation. Authorisation for access to existing information or documents

My Health Records (National Application) Amendment (Extension of Opt-out Period No. 2) Rules 2018
14/11/2018 - This instrument amends the My Health Records (National Application) Rules 2017 to extend the opt-out period to provide that people will have until 31 January 2019 to opt-out of having a My Health Record.

Queensland

Subordinate legislation – 23 November 2018
No 192 State Penalties Enforcement (Police Powers and Responsibilities) Amendment Regulation 2018
No 193 Uniform Civil Procedure (Corporations Proceedings) Amendment Rule 2018

Bills Updated
Civil Liability and Other Legislation Amendment Bill 2018
Introduced by: Hon Y D'Ath MP on 15/11/2018 Stage reached: Referred to Committee on 15/11/2018
The main objective of the Bill is to amend the Civil Liability Act 2003 (CL Act) in response to recommendations 91-94 of  the Redress and Civil Litigation Report (the Report)

Queensland Civil and Administrative Tribunal and Other Legislation Amendment Bill 2018
Introduced by: Hon Y D'Ath MP on 15/11/2018 Stage reached: Referred to Committee on 15/11/2018
A Bill for an Act to amend the  Queensland Civil and Administrative Tribunal Act 2009 to implement conclusions from the Report on the Review of the Queensland Civil and Administrative Tribunal Act 2009 (QCAT Act report) aimed at improving the operational efficiency of the Queensland Civil and Administrative Tribunal (QCAT) to better achieve the objects of the QCAT Act.

Justice Legislation (Links to Terrorist Activity) Amendment Bill 2018
Introduced by: Hon Y D'Ath MP on 13/11/2018 Stage reached: Referred to Committee on 13/11/2018
The policy objective of the Bill, as referred to in the explanatory notes, is to implement the Council of Australian Government’s commitment by removing the presumption of bail for those persons who have demonstrated support for, or have links to, terrorist activity.

Working with Children (Risk Management and Screening) and Other Legislation Amendment Bill 2018
Introduced by: Hon Y D'Ath MP on 13/11/2018 Stage reached: Referred to Committee on 13/11/2018
To implement recommendations from the Queensland Family and Child Commission reports Keeping Queensland’s children more than safe: Review of the blue card system and Recommendation 28 Supplementary Review: A report on information sharing to enhance the safety of children in regulated home-based services.

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

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

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

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

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