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Queensland Government Bulletin

27 May 2019

#Government

Queensland Government Bulletin

In the media

PS to pay for election promises
The Government-elect has foreshadowed a reduction of $1.5 billion in the funding of Departments and Agencies to meet the cost of some of its promises. Mr Frydenberg said the Government would leave it to the judgement of Departmental Secretaries where the required efficiencies could be found (20 May 2019).  More... 

Privacy newsletter promotes information
The Australian Information and Privacy Commissioner, Angelene Falk has launched a new newsletter aimed at sharing information about the activities of her office, and  reflect the growing interrelationship between information access and data protection (20 May 2019).  More...

Children’s rights in relation to the digital environment
On 16 May 2019, the Law Council made a submission to the United Nations Committee on the Rights of the Child (UN Committee) regarding a proposed General Comment on Children’s Rights in Relation to the Digital Environment (17 May 2019).  More... 

High Court releases reasoning in Spence v Queensland [2019] HCA 15
The High Court of Australia considered the validity and operation of Commonwealth and Queensland laws that regulate the gifts made to political parties. On 17 April, the High Court held that the Queensland laws were valid and that a provision of the Commonwealth law was invalid. The Court published the reasons for this judgment on 15 May 2019 (15 May 2019).  More...  

More protection for children under tougher Blue Card laws
The Palaszczuk Government has added 15 more crimes to the list of disqualifying offences when applying for a Blue Card, as part of its overhaul of Queensland’s working with children check system (16 May 2019).  More... 

Lessons learned during first 12 months of notifiable data breaches scheme
Data breaches involving personal information may be prevented through effective training and enhanced systems, analysis of the first 12 months of mandatory notifications reveals (13 May 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 (23 May 2019).  More... 

Queensland

Privacy Week is a reminder to protect sensitive data - 15 May 2019
As part of Privacy Awareness Week 2019 the CCC is reminding public servants that improper access to sensitive personal data can have serious consequences (15 May 2019).  More...  

Cases

Spence v Queensland [2019] HCA 15
Is section 302CA of the Commonwealth Electoral Act 1918 (Cth) invalid (in whole or in part and, if in part, to what extent) because it is beyond the Commonwealth's legislative power? Answer: The section is wholly invalid.
Constitutional law (Cth) – Powers of Commonwealth Parliament – Federal elections – Severance – Where s 51(xxxvi) in application to ss 10 and 31 of Constitution conferred legislative power on Commonwealth Parliament with respect to federal elections – Where Commonwealth Parliament enacted s 302CA within Div 3A of Pt XX of Commonwealth Electoral Act 1918 (Cth) – Where s 302CA relevantly conferred authority on person to make, and on "political entity" to receive and retain, gift not prohibited by Div 3A provided that gift or part of it was "required to be, or may be" used for certain purposes relating to federal elections – Where s 302CA provided for displacement of such authority in circumstances including where State or Territory electoral law required gift or part of it to be kept or identified separately to be used only for purpose of State, Territory or local government election – Whether Commonwealth legislative power with respect to federal elections exclusive or concurrent – Whether s 302CA within scope of Commonwealth legislative power with respect to federal elections – Whether possible to sever s 302CA to preserve part of its operation within scope of Commonwealth legislative power.
Constitutional law (Cth) – Inconsistency between Commonwealth and State laws – Gifts to political parties – Where Queensland Parliament passed amendments to Electoral Act 1992 (Qld) and Local Government Electoral Act 2011 (Qld) prohibiting property developers from making gifts to political parties that endorse and promote candidates for election to Legislative Assembly and local government councils – Whether Queensland amendments inconsistent with s 302CA or framework of Pt XX of Commonwealth Electoral Act – Whether s 302CA invalid for infringing principle in University of Wollongong v Metwally (1984) 158 CLR 447; [1984] HCA 74.
Constitutional law (Cth) – Implied freedom of communication about governmental and political matters – Where amendments to Electoral Act 1992 (Qld) substantially replicated provisions in Election Funding, Expenditure and Disclosures Act 1981 (NSW) upheld in McCloy v New South Wales (2015) 257 CLR 178; [2015] HCA 34 – Whether amendments invalid for infringing implied freedom.
Constitutional law (Cth) – Relationship between Commonwealth and States – Doctrine of inter-governmental immunities – Whether implication expounded in Melbourne Corporation v The Commonwealth (1947) 74 CLR 31; [1947] HCA 26 operates reciprocally to protect States and Commonwealth from impermissible interference by law of one polity with operations of government in another – Whether s 302CA invalid for contravening Melbourne Corporation principle – Whether Queensland amendments invalid for contravening Melbourne Corporation principle.

Rex Patrick and Department of Defence (Freedom of information) [2019] AICmr 19
Freedom of Information — Whether documents contain a copy or part of, or contains an extract from a Cabinet document — Whether document contains deliberative matter prepared for a deliberative process — (CTH) Freedom of Information Act 1982 ss 34 and 47C

Daniel Flitton and Department of Foreign Affairs and Trade (Freedom of information) [2019] AICmr 18
Freedom of Information — Whether documents brought into existence for the dominant purpose of briefing a Minister on a Cabinet document — (CTH) Freedom of Information Act 1982 s 34(1)(c)

Northern Land Council v Quall [2019] FCAFC 77
ADMINISTRATIVE LAW – delegation of statutory functions and powers – distinction between authorisation and delegation – the Carltona principle – principles for determining whether a power or function is delegable – effect of delegation
NATIVE TITLE – whether a representative body under the Native Title Act 1993 (Cth) is able to delegate its power and function to certify an application for an area Indigenous Land Use Agreement (ILUA) under s 201BE(1)(b) – the process and alternative pathways for registration of an area ILUA – position of representative bodies under the Native Title Act 1993 (Cth)
STATUTORY INTERPRETATION – interpretation of “necessary and convenient” powers such as s 201BK of the Native Title Act 1993 (Cth) – such powers strictly ancillary and supplementary to other functions conferred on the statutory repository – scope and operation of a “necessary and convenient” power in a particular context depends on the primary power or function being supplemented 

O’Brien v Assistant Commissioner Paul Taylor & Anor [2019] QCAT 127
POLICE – INTERNAL ADMINISTRATION – DISCIPLINE AND DISMSAL FOR MISCONDUCT – QUEENSLAND – where the applicant police officer accessed official information contained within the Queensland Police Service computer system – where the applicant police officer released confidential information accessed through the Queensland Police Service computer system – where allegations of misconduct were found to be substantiated – where sanction imposed – where police officer demoted in rank and pay point – where application to review the sanction imposed – whether sanction imposed is correct and preferable. Crime and Corruption Act 2001 Qld ss 219BA, 219H, Sch 2 

Legislation

Queensland

Bills Updated

Electoral Legislation (Political Donations) Amendment Bill 2018
Introduced by: Mr M Berkman MP on 16/05/2018 Stage reached: 2nd reading adjourned on 14/05/2019

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: 2nd reading adjourned on 15/05/2019

Subordinate legislation as made – 24 May 2019
No 84: Racing Integrity (Exchange of Information) Amendment Regulation 2019

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Paul Venus, Partner
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E: suzy.cairney@holdingredlich.com

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

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