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Queensland Government Bulletin

27 September 2021

#Government

Queensland Government Bulletin

In the media

Information Access Commissioners and Ombudsmen make recommendations to support Open by Design Principles
Australian Information Access Commissioners and Ombudsmen published an authoritative statement to promote the proactive release of information. The Open by Design Principles have been released ahead of International Access to Information Day on 28 September (24 September 2021).  More...

Queensland stands alone with SVO scheme
The Queensland Sentencing Advisory Council has found the state’s serious violent offences (SVO) scheme is unique, investigating mandatory and minimum non-parole period schemes in Australia and three other common law jurisdictions (24 September 2021).  More...

Queensland court overturns $136k costs ruling in failed NBN tower battle
A Queensland man who lost a court battle over having an NBN tower near his house will no longer have to pay NBN Co $136,000 in costs. The case - and specifically the costs ruling - and led to a crowdfunding effort that raised about $25,000 (23 September 2021).  More...

Some concerns remain for the Law Council over ATO draft privilege protocol
The Law Council of Australia remains concerned about aspects of the Australia Taxation Office’s draft legal professional privilege protocol which was released this week for further consultation. The draft protocol in places overreaches in the extent of detail of communications that the ATO recommends taxpayers and their lawyers provide in order to maintain a claim of privilege (23 September 2021).  More...

Information access commissioners and ombudsmen make recommendations to support Open by Design Principles
Australian information access commissioners and ombudsmen have released Open by Design Principles to be used by government agencies to encourage and authorise the proactive release of information and promote open government (24 September 2021).  More...

New report recommends more action to prevent human rights harms in business sector
The Australian Government, businesses and institutional investors have been called on to take more action to prevent business-related human rights harm, with a new report which examines the implementation of the United Nations Guiding Principles on Business and Human Rights in Australia (23 September 2021).  More...

Australia’s human rights reputation undermined by lack of transparency in Commissioner appointment
Australia’s international human rights reputation is undermined by processes that lack transparency and result in hand-picked appointments to critical positions within the Human Rights Commission, says the Australian Lawyers Alliance (22 September 2021).  More...

Queensland’s voluntary assisted dying law passed
New laws allowing voluntary assisted dying in Queensland have been passed by parliament giving terminally ill Queenslanders more choice (16 September 2021).  More...

Queensland Government introduces toughest parole laws in the nation
The Palaszczuk Government has introduced the toughest parole laws in the nation for prisoners serving life sentences. These reforms are aimed at protecting the victim’s families from the trauma of repeated and unnecessary parole applications (16 September 2921).  More...

New legislation further strengthens child protection
The Palaszczuk Government has introducing new legislation to further strengthen the child protection and family support system, empowering children and young people to participate in decisions about their lives (15 September 2021).  More...

Use of technology for corporate meetings
The Law Council acknowledges the Australian Government’s ongoing commitment to consulting on engagement with digital technology and communications, with invited businesses and individuals to have their say on how technology can be used to streamline the way statutory declarations and deeds are executed (14 September 2021).  More...

Consultation to modernise document execution across The Federation
Businesses and individuals are being invited to have their say on how technology can be used to streamline the way statutory declarations and deeds are executed (14 September 2021).  More...

Foxtel breaks rules with live sport betting promotion
Foxtel has breached broadcasting rules by airing a segment promoting a betting service during the live broadcast of an AFL match on Easter Monday afternoon. Foxtel self-reported the breach to the ACMA following a complaint from a viewer (14 September 2021).  More...

In practice and courts

Attorney General Court Appointments
17 September 2021 Appointment of Deputy Chief Judges of the Federal Circuit and Family Court of Australia

OAIC: Open by Design Principles
24 September 2021 - The Open by Design Principles have been released ahead of International Access to Information Day on 28 September, and should be used by government agencies to encourage and authorise the proactive release of information and promote open government.

Review of PBR Act and IPEA Act
The statutory review will consider how the current legislative framework provides appropriate levels of accountability and transparency to the use of taxpayers’ money. The Review will report by 31 December 2021.
More information on the Review including the terms of reference can be found here.

APS pay rates in line for a change
The Australian Public Service Commission (APSC) has issued a Circular setting out changes to APS pay rates to apply between 1 September this year and 31 August 2022. The full Circular 2021/04 can be accessed on the APSC website here.

Department of Infrastructure, Transport, Regional Development and Communications: Draft Online Safety (Basic Online Safety Expectations) Determination 2021 consultation
We are seeking submissions on an exposure draft of the Online Safety (Basic Online Safety Expectations) Determination 2021. The draft determination sets out the government’s demands for providers that offer a social media service, “relevant electronic service” or “designated internet service”, including the nine principle-based “core expectations” included in the Act. View the consultation and consultation paper. Submissions to the consultation close on 15 October 2021.

Law Council Update
The Law Council produces a fortnightly newsletter which highlights the Law Council's important activities and advocacy, along with any relevant media and events stakeholders would be interested in.

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. 19/2021, 20 September 2021 

Legal and Constitutional Affairs Legislation Committee
Constitution Alteration (Freedom of Expression and Freedom of the Press) 2019
Status: Accepting Submissions Date Referred: 17 June 2021 Submissions Closed: 20 August 2021
Reporting Date: 31 December 2021

Select Committee on Foreign Interference through Social Media
Select Committee on Foreign Interference through Social Media to inquire into and report on the risk posed to Australia’s democracy by foreign interference through social media. The committee is to present its final report on or before the second sitting day of May 2022 The closing date for submissions is 31 October 2021.

Queensland

Two repealed Practice Directions: Supreme and District Courts – 21 September 2021
The following two Practice Directions have been repealed:
Supreme Court Practice Direction 15 of 2013 has been repealed by Practice Direction 20 of 2021.
District Court Practice Direction 13 of 2013 has been repealed by Practice Direction 10 of 2021.

EOI: CCC seeks sessional commissioners
The Crime and Corruption Commission (CCC) is seeking to establish a panel of sessional commissioners to assist in performing the CCC’s functions under the Crime and Corruption Act 2001 (21 September 2021).  More...

CCC updates Corruption Allegations Data Dashboard
The Crime and Corruption Commission (CCC) has updated its Corruption Allegations Data Dashboard to include data up to 30 June 2021. The expanded data set means allegations data for the period 1 July 2015 to 30 June 2021 is now available on the CCC (14 September 2021).  More...

Department of Justice and Attorney-General Consultations
Have your say on the new Queensland Women’s Strategy, open until 08 October 2021.  More...

Supreme Court protocol for judicial review of Parole Board Queensland applications
The protocol, which will come into effect from 5 October, applies to any application made by a prisoner under s22(2) of the Judicial Review Act 1991 for a statutory order of review of a failure by the Parole Board Queensland to decide a prisoner’s parole application within the period fixed by s193(3) of the Corrective Services Act 2006.
The protocol applies to applications filed in the Brisbane Registry only.  More...

Community Support and Services Committee – QPS - Criminal Law (Raising the Age of Responsibility) Amendment Bill 2021 (Bill) Consultation
The objective of the Bill is to ensure children under 14 years of age are not incarcerated or otherwise punished under the criminal legal system, consistent with current medical understanding of child development and contemporary human rights standards. The closing date for submissions is 30 November 2021. An information sheet can be found here.

Public Consultation: QLS Professional Standards (Limitation of Liability) Scheme 2022-2027
The Society has applied to the Professional Standards Council of Queensland for approval of a new Professional Standards Scheme to commence on 1 July 2022 and as part of the process of that approval the Scheme is now out for Public Consultation until 06 October 2021.  More...

OIC QLS: Information Access Commissioners and Ombudsmen make recommendations to support Open by Design Principles
The Open by Design Principles have been released ahead of International Access to Information Day on 28 September, and should be used by government agencies to encourage and authorise the proactive release of information and promote open government (24 September 2021).  More...

OIC Qld Decisions

I50 and Queensland Police Service [2021] QICmr 47 (16 September 2021)
ADMINISTRATIVE LAW - RIGHT TO INFORMATION -INFORMATION PRIVACY - compliance with relevant application requirements - whether agency was entitled to decide an access application did not comply with all relevant application requirements - requirement to provide sufficient information about documents sought - sections 43(2)(b) and53 of the Information Privacy Act 2009 (Qld).  More...

Department of the Premier and Cabinet Consultation - Annual report 2020-21
Feedback survey open until 31 July 2022. By taking a minute to complete this survey, you will help us improve our annual reports so readers can use them more effectively.

Department of Justice and Attorney-General - Recording & Transcription Services
The Department of Justice and Attorney-General is moving to a new way of delivering recording and transcription services across Queensland Courts and Tribunals. For information on the changes, due to be implemented by the end of 2021, please refer here.

Published – articles, papers, reports

PGPA Newsletter 72
17 September 2021 – Includes Digital Annual Reporting; New DART FAQ - Regulatory Charging Summary Note table; RMG-138 - Commonwealth entities' executive remuneration reporting guide for annual reports
AGOR update reminder - 30 September 2021; Comcover - Risk Management; Expression of Interest - Attorney-General’s Department.  More...

Improving Immunisation Coverage
ANAO Report No 5: 22 September 2021
The audit objective was to assess the effectiveness of the Department of Health’s approach to improving and monitoring immunisation coverage.  More...

Defence’s Contract Administration — Defence Industry Security Program
ANAO Report No 4: 13 September 2021
The objective of this audit was to examine the effectiveness of the Department of Defence's administration of contractual obligations relating to the Defence Industry Security Program.  More...

Guidelines for dealings between Investigators and the Commonwealth Director of Public Prosecutions
CDPP: 13 September 2021
The CDPP receives referrals from a diverse range of partner agencies with investigative functions.
These guidelines have been prepared to assist such agencies in their dealings with the CDPP throughout the prosecution process.  More...

Quarterly Report by the Commonwealth Ombudsman under s 65(6) of the Building and Construction Industry (Improving Productivity) Act 2016 for the period 1 October to 31 December 2020
Commonwealth Ombudsman: 23 September 2021.  More...

At the Crossroads: 10 years of implementing the UN Guiding Principles on Business and Human Rights in Australia
Australian Human Rights Commission and the Australian Human Rights Institute at UNSW Sydney, Sept 2021
A new report examines the implementation of the United Nations Guiding Principles on Business and Human Rights in Australia.  More...

Delays in parole applications at the Parole Board Queensland: An action in false imprisonment?
Anna Kretowicz, Australian Public Law
This article considers whether private law, specifically the tort of false imprisonment, can provide a remedy to delays in parole applications.  More...

2021 Commonwealth Law Conference - Is the adversarial system a sustainable path to justice?
On 6 September 2021, Law Council President, Dr Jacoba Brasch QC, featured as a panellist in the 2021 Commonwealth Law Conference being held in Nassau, The Bahamas. The panel session also featured The Honorable Justice Vasheist Kokaram and Fiona Scolding QC, and was chaired by Derek Sweeting QC, Chair of the Bar Council of England and Wales. The full speech is available here (14 September 2021).

Measuring emergency department patient wait time
QAO Report No 2: 2021–22: 14 September 2021
latest follow-on report he makes five recommendations aimed at assisting Queensland Health improve its processes for data reliability; its emergency department performance measures; the appropriate use of short-term treatment areas; and an interface between emergency departments’ and Queensland Ambulance Service’s systems. View the Auditor-General’s report here.

Background paper 2: Minimum non-parole period schemes for serious violent offences in Australia and select international jurisdictions
Queensland Sentencing Advisory Council: 24 September 2021
In a background paper released investigating mandatory and minimum non-parole period schemes in Australia and three other common law jurisdictions, the Council has determined that Queensland’s SVO scheme is unlike any other scheme analysed.
Note: The background paper plays an important role in supporting the Terms of Reference review on the SVO scheme in Part 9A of the Penalties and Sentences Act 1992 and is the second of four background papers to be released.

Cases

CAP21 v Administrative Appeals Tribunal [2021] FCA 1146
PRACTICE AND PROCEDURE – application for judicial review of a decision of the Administrative Appeals Tribunal to refuse to make a confidentiality order under s 35(3) of the Administrative Appeals Tribunal Act 1975 (Cth) – where Court ordered production of documents before Tribunal in relation to its decision – where party to Tribunal proceeding objects to non-party access to documents – where documents subject of application said to contain personal information – whether applicant who was not a party to Tribunal proceeding should have access to documents – relevant principles regarding access to documents before a decision-maker in an application for judicial review of decision – access to documents granted
Administrative Appeals Tribunal Act 1975 (Cth), s 35(3); Federal Court Rules 2011 (Cth), r 2.32(1)

Agility CIS Ltd v White [2021] FCA 1145
PRACTICE AND PROCEDURE – application pursuant to rr 16.21 and 26.01 of the Federal Court Rules 2011 (Cth) and s 31A(2) of the Federal Court of Australia Act 1976 (Cth) to strike out and/or give summary judgment in relation to parts of the applicants’ statement of claim – where the applicant alleges a misuse of confidential information – where the applicant has failed to articulate the misuse with sufficient precision – where the applicants’ claims in their current form are speculative in nature – application to strike out pleadings pursuant to r 16.21 of the Federal Court Rules 2011 allowed

Australian Building and Construction Commissioner v Roach (The Melbourne Quarter Case) (Ruling No 1) [2021] FCA 1153
EVIDENCE – application for leave to cross-examine a witness under s 38(1) of the Evidence Act 1995 (Cth) – proper construction of “evidence given by a witness that is unfavourable to a party” – whether the court should follow the decision of the Victorian Court of Appeal in DPP v Garrett or an earlier first instance decision of the Federal Court of Australia – whether the construction of s 38(1)(a) in DPP v Garrett was obiter – held that the construction adopted in DPP v Garrett was ratio decidendi and that the court should follow the Victorian Court of Appeal – consideration of whether s 38(1)(a) is engaged – consideration of discretionary matters – leave given.

Crime and Corruption Commission v Acting Deputy Commissioner Wright & Anor (No. 2) [2021] QCAT 304
POLICE – INTERNAL ADMINISTRATION – DISCIPLINE AND DISMISSAL FOR MISCONDUCT – QUEENSLAND – where Crime and Corruption Commission seeks review of sanction decision made by police in respect of misconduct – whether dismissal the only appropriate sanction
Police Service Administration Act 1990 Qld s 7.1; Queensland Civil and Administrative Tribunal Act 2009 Qld s 66

Hicks v Bell Estate Agent & Anor [2021] QCAT 313
ADMINISTRATIVE LAW – ADMINISTRATIVE TRIBUNALS – QUEENSLAND CIVIL AND ADMINISTRATIVE TRIBUNAL – MINOR CIVIL DISPUTE – RESIDENTIAL TENANCY DISPUTE – where applicant filed initiating application for residential tenancy dispute claiming bond refund and compensation for breach of residential tenancy agreement – where counterapplication filed – where tribunal gave directions for affidavit evidence and statement of agreed facts to narrow issues in dispute
PROCEDURE – CIVIL PROCEDURE IN STATE AND TERRITORY COURTS AND TRIBUNALS – JURISDICTION – where applicant applied to transfer proceedings to Magistrates Court of Queensland for hearing – where amended claim filed - where rent refund and compensation claims total $36,699.80 – where cross-application by owner against agent for indemnity – whether amended claim within jurisdiction subject to section 12(3) of QCAT Act – whether transfer order ought be ordered. Queensland Civil and Administrative Tribunal Act 2009 QLD s 12, s 13, s 52; Residential Tenancies and Rooming Accommodation Act 2008 QLD s 94, s 516

Mohammadi v Faraji [2021] QCAT 311
ADMINISTRATIVE LAW – ADMINISTRATIVE TRIBUNALS – QUEENSLAND CIVIL AND ADMINISTRATIVE TRIBUNAL – where applicants did not comply with process established by Queensland Building and Construction Commission to attempt to resolve a building dispute before commencing proceeding – where application dismissed for lack of jurisdiction
Queensland Building and Construction Commission Act 1991 QLD s 77

Legislation

Commonwealth

Bills

Charter of the United Nations Amendment Bill 2021
Assent Act no: 106 Year: 2021 13 Sep 2021 - Amends the Charter of the United Nations Act 1945 to: Specify that certain counter-terrorism financial sanctions lists and revocations be made by legislative instrument; and confirm the validity of action that has been taken, or which may need to be taken, in respect of conduct in relation to existing counter-terrorism financial sanctions listings that were made but not registered on the Federal Register of Legislation at the time of their making.

COAG Legislation Amendment Bill 2021
HR 14/09/2021 - A Bill for an Act to make amendments to deal with the cessation of the Council of Australian Governments and to make amendments relating to the National Cabinet

Act Compilation

Telecommunications (Interception and Access) Act 1979
13/09/2021 - Act No. 114 of 1979 as amended

Queensland

Acts

No 17 Voluntary Assisted Dying Act 2021
23 September 2021 - The objective of the Bill is to establish a legal framework for voluntary assisted dying in Queensland, allowing eligible people who are suffering and dying to choose the timing and circumstances of their death.

Bills

Child Protection Reform and Other Legislation Amendment Bill 2021
Introduced 15/09/2021 - Combined with practical initiatives already underway within the Department of Children, Youth Justice and Multicultural Affairs, the Bill will amend the Child Protection Act 1999 to better support children and young people in care, and streamline, clarify or improve processes.

Police Powers and Responsibilities and Other Legislation Amendment Bill 2021
Introduced 15/09/2021 - The Bill has a number of key elements. They include, among others, limiting the re-traumatisation of victims’ families and friends by introducing a new framework for parole decisions about life sentenced prisoners who have committed multiple murders or who have murdered a child

Justice Legislation (COVID-19 Emergency Response—Permanency) Amendment Bill 2021
Introduced 15/09/2021 - The Bill makes tangible, practical improvements to the making, signing and witnessing of documents, which effect people and industry every day. The reforms will improve access to justice, reduce the costs for the delivery of legal services, reduce transaction costs, increase efficiency and boost economic productivity.

Criminal Law (Raising the Age of Responsibility) Amendment Bill 2021*
Introduced 15/09/2021 - The objective of the Bill is to ensure children under 14 years of age are not incarcerated or otherwise punished under the criminal legal system, consistent with current medical understanding of child development and contemporary human rights standards.

Police Legislation (Efficiencies and Effectiveness) Amendment Bill 2021
Introduced 16/09/2021 – Includes amendments to the Oaths Act

Subordinate legislation as made – 17 September 2021

No 144 Disaster Management (Further Extension of Disaster Situation—COVID-19) Regulation (No. 3) 2021
This Regulation is made under the Disaster Management Act 2003. A further extension is required due to the longer-term nature of COVID-19 and its potential impacts. Extension of the period of the disaster situation is necessary to ensure powers are available to rapidly and appropriately address risk to the health of the Queensland community. The extension is proposed for a period of 90 days, to 26 December 2021.

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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