CCC’s 2019-20 annual report tabled in Parliament
The report summarises key activities, achievements and performance for the financial year ending 30 June 2020. Corruption investigations and prevention work focused on local governments and elected officials, the misuse of confidential information by public servants and police, and the exploitation of public sector resources (25 September 2020). More...
Brisbane venue licensee fined for unlicensed adult entertainment
The licensee of a Brisbane pub has been found guilty and fined for providing adult entertainment on its premises without a permit. Commissioner for Liquor and Gaming Victoria Thomson said licensees have a legal obligation to uphold Queensland’s licensing laws, and a social responsibility to do the right thing (25 September 2020). More...
Record penalty for breaches of anti-money laundering laws
Westpac has reached agreement with AUSTRAC – Australia’s financial intelligence and regulatory agency – to pay a record $1.3 billion penalty for breaching anti-money laundering and counter terrorism financing laws. The Court will now consider the appropriateness of the agreed penalty, which - if approved - would represent the largest ever civil penalty awarded in Australian history (24 September 2020). More...
Latest research shows consumer privacy concerns around data misuse rising
Office of the Australian Information Commission's new report on attitudes around privacy highlights challenges with targeting ads and collecting or combining data without consent (24 September 2020). More...
Australians want more control over privacy, survey shows
Privacy is a major concern for 70% of Australians while 87% want more control and choice over the collection and use of their personal information, our Australian Community Attitudes to Privacy Survey 2020 shows (24 September 2020). More...
Simplified insolvency processes welcome, but government must consult now to avoid unforeseen consequences
The Law Council welcomes the government’s interest in assisting small business to deal with the inevitable insolvency impacts that will be felt in the economy in the aftermath of the COVID-19 economic crisis. The Law Council, through its Business Law Section Insolvency and Restructuring Committee, has been considering possible reforms (24 September 2020). More...
CCC report on an investigation into the Premier’s former Chief of Staff tabled in State Parliament
CCC Chairperson Alan MacSporran QC said while there are no grounds to consider any prosecution proceedings against Mr Barbagallo, the investigation did find that Mr Barbagallo failed to fully and accurately declare his non-pecuniary interests throughout his employment as Chief of Staff (23 September 2020). More...
Record penalty for breaches of anti-money laundering laws
Westpac has reached agreement with AUSTRAC – Australia's financial intelligence and regulatory agency – to pay a record $1.3 billion penalty for breaching anti-money laundering and counter terrorism financing laws (23 September 2020). More...
Government welcomes decision to extradite Malka Leifer
The Morrison Government has welcomed a decision by an Israeli court that has paved the way for former Melbourne school teacher Malka Leifer to finally face due process back in Australia (22 September 2020). More...
New Case in Focus explores appeal against sentences for serious assault
The Queensland Sentencing Advisory Council’s latest Case in Focus considers an appeal against sentences for the serious assault of two police officers and attempting to unlawfully enter a vehicle with intent to commit an indictable offence, with violence (22 September 2020). More...
Election funds audit strikes a ballot
A performance audit into the Australian Electoral Commission’s (AEC) financial disclosure scheme has found management of the scheme to be only partially effective (21 September 2020). More...
Appointment to the Federal Circuit Court of Australia
Mr Patrick O'Shannessy SC has been appointed as a judge of the Federal Circuit Court of Australia and will commence in the Melbourne registry today, 18th September 2020 (18 September 2020). More...
Reappointments to the Administrative Appeals Tribunal
The Morrison Government is pleased to announce 16 reappointments to the Administrative Appeals Tribunal. The Tribunal serves an important function of providing independent merits review and the Government is committed to ensuring the Tribunal has the resources it needs to provide high quality merits review with minimum delay (18 September 2020). More...
Law Council reports ‘welcome shift’ in equitable briefing
According to the latest equal opportunity data released by the Law Council of Australia, there has been a rise in the number of female barristers being briefed on matters (18 September 2020). More...
Queensland mine safety inquiry postpones public hearings until 2021
The public hearings due to commence on 15 September 2020, were expected to bring to light evidence regarding the serious accident and methane exceedances at Grosvenor Mine, will no longer happen. Pursuant to Section 216 (4) of the Coal Mining Safety and Health Act 1999, many witnesses have informed the Inquiry that they will refuse to answer questions that might incriminate them (16 September 2020). More...
School principal charged with fraud and misconduct offences
A school principal employed by the Department of Education, was charged with 34 counts of fraud contrary to section 408C of the Criminal Code and one count of misconduct in relation to public office contrary to section 92A of the Criminal Code. It will be alleged in court the man misused his department issued corporate credit card and dishonestly obtained money relating to school activities (17 September 2020). More...
Coalition began writing landmark environment bill before receiving review it had ordered
The Morrison government started preparing controversial legislation to amend Australia’s environmental laws before it had received a report from a formal review into whether the act was working. Drafted legislation will hand over environmental responsibility to state regimes without national standards (16 September 2020). More...
Five steps to improving data literacy in the APS
From helping police forces to reduce crime rates to better identifying the healthcare needs of patients, data is increasingly being used to improve the efficiency of the Australian Public Service (APS) and deliver the agile services that citizens expect (15 September 2020). More...
Enshrining privacy and security regime for data use key to the delivery of simple and accessible government services
A major milestone in the Morrison Government’s reforms to government services was reached today with the release of the Data Availability and Transparency Bill for public comment. The Bill will establish the foundations of a seamless and proactive experience of government services, by enshrining in legislation privacy and security safeguards that set out modern foundations for use of data across the Commonwealth government. (14 September 2020). More...
New website for Child Safety Office
In a statement, PM&C said new functionality on NOCS’ website provided easy navigation and would allow stakeholders and the community to sign up for updates. New resources will support implementation of the National Principles for Child Safe Organisations and help improve the safety and wellbeing of children and young people in organisations across Australia (14 September 2020). More...
Commissioner welcomes ruling on Facebook application
The Federal Court today rejected Facebook Inc’s application to set aside the Court’s earlier ruling granting the Australian Information Commissioner leave to serve legal documents on the US-based entity (14 September 2020). More...
Ad Standards upholds first complaint under new body image code
The Ad Standards Community Panel has upheld the first complaint about body image since it tightened its rules about the portrayal of body image in 2018. The change to the AANA Code of Ethics added body image to section 2.6, which prohibits advertising which depicts material contrary to prevailing community standards on health and safety (11 September 2020). More...
LCA: Guide to help legal practitioners with elder abuse
Coinciding with Dementia Action Week, the Law Council of Australia has released a Best Practice Guide for Legal Practitioners in relation to Elder Financial Abuse (the Guide). The Guide is intended to assist legal practitioners to identify and address potential issues regarding elder financial abuse in the preparation and execution of wills and other advance planning documents (23 September 2020). More...
Consultation on Financial Products and the Personal Property Securities Act 2009
The Attorney-General’s Department has released its consultation paper on the Personal Properties Securities Act 2009 and Financial Products. This consultation process will inform the Attorney-General’s policy considerations and help ensure the law regarding financial property and intermediated securities is clear and fit for purpose in the PPS Act. For more information, please see the Department’s inquiry page here. Consultation closes on 30 October 2020.
Family Law Amendment (Powers Delegated to Registrars) Rules 2020 and Federal Circuit Court Amendment (Powers Delegated to Registrars) Rules 2020
Family Law Amendment (Powers Delegated to Registrars) Rules 2020 and the Federal Circuit Court Amendment (Powers Delegated to Registrars) Rules 2020 commenced on Saturday 26 September 2020. The amendments delegate additional powers to Registrars and Deputy Registrars of the Family Court of Australia (known respectively in practice as ‘Senior Registrars’ and ‘Registrars’) and Registrars of the Federal Circuit Court of Australia.
OAIC: New privacy resource: When do Australian Government agencies need to conduct a privacy impact assessment?
The Office of the Australian Information Commissioner has released a privacy resource to assist Australian Government agencies to determine when they need to conduct a privacy impact assessment (14 September 2020). More...
Ombudsman recommendations
This fact sheet outlines what government agencies or other entities can expect when the Ombudsman seeks assurance that recommendations have been implemented.(25 September 2020). More...
ACMA Consultation: New arrangements for low interference potential devices - consultation 28/2020
The ACMA would like your comments on the draft Radio communications (Low Interference Potential Devices) Class Licence Variation 2020 (No. 1). The closing date is 26 October 2020. More...
LSC: Regulation of litigation funding schemes
The Legal Services Council has amended the Legal Profession Uniform General Rules 2015 with effect from 22 August 2020 so the prohibitions in s 258(1) and (3) of the Legal Profession Uniform Law do not apply in relation to litigation funding schemes now regulated as managed investment schemes. The new rule will operate for 12 months to allow for consultation. More...
An investigation into the effectiveness of ATO communications of taxpayers' rights to review, investigate and appeal
The Inspector-General of Taxation and Taxation Ombudsman (IGTO) is investigating how effectively the Australian Taxation Office communicates appropriate information on taxpayers’ rights to review, complain and appeal decisions made and actions taken by the ATO. The closing date for submissions is 30 September 2020. More information here.
ACMA position paper: Misinformation and news quality on digital platforms in Australia
A position paper to guide code development—includes a model code framework for consideration, including objectives and outcomes to be achieved for the benefit of Australian users of digital platforms. The ACMA anticipates to have in place a single, industry-wide code by December 2020. The position paper, Misinformation and news quality on digital platforms in Australia - A position paper to guide code development has been published on the ACMA website.
New Law Council of Australia Guidelines - Equitable briefing policy
The Law Council’s portal for the annual reporting by Equitable Briefing Policy adoptees (Policy adoptees) have opened. To assist in this process, the Law Council has updated its Equitable Briefing Policy Reporting Template and Guidelines in response to feedback from previous reporting periods. Policy adoptees have until 30 September 2020 to provide their annual report, and will be updated once the portal is opened on 1 July 2020.
Family Court and Federal Circuit Court of Australia – Current ongoing projects – September 2020
Priority Property Pool 500
The Federal Circuit Court of Australia has introduced a new process to manage family law property disputes for cases where the value of the net property pool is under $500,000. The new process, known as the Priority Property Pool 500 (PPP500), started on 1 March 2020 and will operate for two years as a pilot program in Adelaide, Brisbane, Melbourne and Parramatta. For more information, please visit the Court’s website.
The Lighthouse Project
The Lighthouse Project is a ground-breaking and innovative initiative in the way in which the Courts will screen for risk and focus on public health and improved outcomes for families involved in the family law system. A pilot for this project will commence in Adelaide, Brisbane and Parramatta and the Courts are looking to secure additional government funding to expand nationally.
Family Court and FCC welcome risk-screening bill
The Family Court of Australia and Federal Circuit Court of Australia have declared their support for this week’s introduction of the Family Law Amendment (Risk Screening Protections) Bill 2020. While it is very uncommon for the courts to take a public stance on proposed legislation, it is understandable as the Bill establishes a framework to facilitate the courts’ new Lighthouse Project family violence and risk-screening initiative. It will operate as a pilot program in Adelaide, Brisbane and Parramatta. More...
AAT bulletin
The AAT Bulletin is a weekly publication containing a list of recent AAT decisions and information relating to appeals against AAT decisions, including immigration and citizenship. Issue No. 24/2020, 21 September 2020. More...
LCA submissions
17 September 2020—Law Council. More...
Australian Bushfires Disaster Emergency Declaration — Understanding your privacy obligations
The Attorney-General has made the Privacy (Australian Bushfires Disaster) Emergency Declaration (No. 1) 2020 (the emergency declaration) under Part VIA of the Privacy Act 1988 (Cth) (Privacy Act). The emergency declaration was made in response to bushfires in Australia resulting in death, injury and property damage occurring from August 2019 into 2020.The emergency declaration expires on 20 January 2021
Queensland
Crime and Corruption Commission: 2019-20 Annual Report
Among the most significant outcomes of the 2019-20 financial year, the CCC: Charged 65 people with 285 criminal offences, Held 220 days of hearings and examined 265 witnesses relating to crime and corruption investigations, and Forfeited assets valued at $7.18M to the State after they were identified as the proceeds of crime. (25 September 2020). More...
Queensland Sentencing Advisory Council New Case in Focus: appeal against sentences for serious assault
The latest Case in Focus considers an appeal against sentences for the serious assault of two police officers and attempting to unlawfully enter a vehicle with intent to commit an indictable offence, with violence (22 September 2020). Media statement here.
OIC annual report
The Annual Report is now available and provides an overview of our performance towards building trust through transparency by protecting information access and privacy rights in Queensland (23 September 2020) View the report here.
QAO: Responding to complaints from people with impaired capacity—Part 1: The Public Trustee of Queensland
This report, Part 1, assesses The Public Trustee of Queensland. Tabled 24 September 2020. The objective of this audit was to look at how well Queensland’s guardianship and administration system manages complaints to improve the protection of people with impaired decision-making capacity. More...
QAO advice: Aligning financial and asset management systems
25 September 2020 - Many public sector entities own and manage large asset portfolios amounting to many millions (or billions) of dollars. Management can make better decisions when they have good data about their assets. More...
Royal Commission into national natural disaster arrangements
QLS made a submission on the Draft Proposition made by Counsel Assisting the Royal Commission on 14 September 2020. QLS raised issues surrounding the legislative challenges in coordination of volunteer donations, insurance arrangements and disaster fundraising reform. For more information, please see the Draft Propositions here.
QCAT extends in person hearings
The Queensland Civil and Administrative Tribunal has returned to in-person hearings for all jurisdictions as of this week (15 September 2020). More...
District Court Practice Direction 7 of 2020 - 10 September 2020
Practice Direction 7 of 2020 - Appeal (Repeals 5 of 2016). More...
QLD OIC: Privacy champion policy
The OIC has published its new Privacy Champion Policy. This policy forms part of OIC’s long-standing commitment to building an effective information privacy culture, including improving information privacy practices and taking proactive steps to embed Privacy by Design into agency functions, systems and processes (01 September 2020). More...
CCC Queensland: Timesheet and leave fraud - How managers can prevent and detect corrupt conduct relating to timesheets
This Prevention in focus aims to educate managers on their obligations to approve and monitor employees’ timesheets and other allowances (02 September 2020. More...
Tabled in Parliament
More...
Parliamentary Crime and Corruption Committee, 08 September 2020
OIC Qld: Search issues on internal review
We have updated those resources and hope they now provide a clearer and more consistent explanation of when an agency can deal with search issues as part of an internal review. The updated resources are:
How to Conduct an Internal Review
Search issues on external review
Explaining your review rights – a guide for applicants (25 August 2020)
QAO reports
Report 2: 2020–21:Effectiveness of audit committees in state government entities
The objective of this Auditor-General's insights report is to provide insights on the current profile and practices of audit committees in the Queensland public sector and to identify actions that can help lift their performance and effectiveness. Tabled 8 September 2020. More....
QAO Advice: Audit committees adding value during COVID-19
In our recent Auditor-General’s insights report on audit committees in state government entities, we highlight the importance of audit committees and how they can catalyse better governance. We provide audit committees with some key areas of focus to help entities continue to navigate the COVID-19 environment (09 September 2020). More...
Supreme Court of Queensland - Protocol for Applications reminder
A notice has been issued by The Honourable Justice Lyons in relation to the protocol for practitioners appearing in Applications. This protocol applies from 10 August 2020 until further notice.
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...
COVID-19 Update on Courts, Commissions, Tribunals
See current COVID-19 updates for the Courts, Commissions and Tribunals here.
Additionally, QLS also provides COVID-19 updates specifically relating to property law and criminal law.
The impact of the Practice Guide for Intervention (PGI) on recidivism among parolees
Evarn J. Ooi; Evarn J. Ooi; Crime and Justice Bulletin No. 228: 17 September 2020
Practice Guide for Intervention (PGI), risk-need-responsivity (RNR), cognitive behavioural therapy (CBT), recidivism, parole. More...
The impact of the Practice Guide for Intervention (PGI) on recidivism among offenders serving a community-based order
Evarn J. Ooi; Crime and Justice Bulletin No. 229: 17 September 2020
Practice Guide for Intervention (PGI), risk-need-responsivity (RNR), cognitive behavioural therapy (CBT), community supervision, recidivism. More...
System Redevelopment — Managing Risks while planning transition
ANAO Report No 10: 24 September 2020
The audit objective was to assess whether Services Australia appropriately managed risks to operating the current welfare payment system and appropriately prepared to transition to the future system. More...
Administration of financial disclosure requirements under the Commonwealth Electoral Act
ANAO Report No 8: 17 September 2020
The AEC‘s management of the financial disclosures required under Part XX of the Commonwealth Electoral Act 1918 is partially effective. More...
Investigation Keller: An investigation into allegations relating to the former Chief of Staff
To The Honourable Annastacia Palaszczuk MP, Premier of Queensland and Minister for Trade, 23 September 2020
This report details an investigation arising from allegations that Mr David Barbagallo, when Chief of Staff to the Premier of Queensland, misused his position to obtain $267,500 funding from a government investment fund for a company in which he was a shareholder and director. More...
Queensland Parliament, Table Office
Inquiry into the Queensland Government's COVID-19 Fiscal and Economic Review
Economics and Governance Committee, 2 October 2020
Report - No. 73, 56th Parliament - Oversight of the Office of the Queensland Ombudsman
Legal Affairs and Community Safety Committee - Oversight of the Queensland Ombudsman - 2020 inquiry, 24 September 2020
Report - No. 74, 56th Parliament - Oversight of the Office of the Information Commissioner
Legal Affairs and Community Safety Committee - Oversight of the Information Commissioner - 2020 inquiry, 24 September 2020
Matthews and Comcare (Compensation) [2020] AATA 3503
SOCIAL SECURITY – Disability support pension - workers compensation – whether applicant suffers incapacity for work arising from employment – multiple claims at request of decision maker – employer ignoring clear medical recommendations - employment significant contributing factor to worsening of accepted injury – plaintiff’s evidence not subject to significant challenge – Respondent accepts all but one of the outstanding disputes at the outset of the hearing – relief at being away from acute stress at work does not equate recovery – Treating Doctor not an advocate - Decision under review set aside.
Administrative Appeals Tribunal Act; Commonwealth Services Delivery Agency Act 1997;
Riger and Commonwealth Bank of Australia Limited (Compensation) [2020] AATA 3528
PRACTICE AND PROCEDURE – Administrative Appeals Tribunal Act 1975 (Cth) – Summons – Objection to Summons – Relevance of evidence to facts in issue – propensity evidence – similar fact evidence – rules of evidence in the Tribunal – objection refused – summons varied in scope – summons to be complied with Administrative Appeals Tribunal Act 1975 (Cth)
Knowles v Secretary, Department of Defence [2020] FCA 1328
ADMINISTRATIVE LAW – judicial review – decisions made by the respondent in relation to applications made under the Privacy Act 1988 (Cth) (hereafter, the “Privacy Act”) for access to and correction of certain information – various species of relief sought – whether Privacy Act mandates provision of access to information within 30 days – appropriateness of declaratory relief – whether existence of other remedies for the review of administrative decisions should incline the court against granting prerogative or other relief – whether private information might be corrected by associating or attaching other documents to it – whether a demand that information be destroyed qualifies as a request for correction under the Privacy Act – further amended originating application dismissed with costs
'VU' and 'VV', 'VW' (Privacy) [2020] AICmr 52
Privacy — Privacy Act 1988 (Cth) — Australian Privacy Principles — Breach of APP 12 — Failure to provide access to personal information — Remedial action declared — Respondent required to provide access to personal information.
'VR' and Department of Defence (Freedom of information) [2020] AICmr 50
Freedom of Information — Access grant — Whether disclosure would unreasonably affect an organisation in respect of its lawful business affairs — Whether contrary to the public interest to release conditionally exempt documents — (CTH) Freedom of Information Act 1982 ss 11A(5) and 47G
William Yabsley and Australian Federal Police (Freedom of information) [2020] AICmr 48
Freedom of Information — Whether reasonable steps taken to find documents — Whether material in documents irrelevant to the request — Whether disclosure would have a substantial adverse effect on the proper and efficient conduct of the operations of an agency — Whether disclosure of personal information unreasonable — Whether contrary to the public interest to release conditionally exempt documents — (CTH) Freedom of Information Act 1982, ss 11A(5), 22, 24A, 47E and 47F
'VO' and Northern Australia Infrastructure Facility (Freedom of information) [2020] AICmr 47
Freedom of Information — Whether documents subject to legal professional privilege — Whether material obtained in confidence — Whether disclosure would disclose commercially valuable information — Whether documents contain deliberative matter prepared for a deliberative purpose — Whether disclosure would have a substantial adverse effect on the proper and efficient conduct of the operations of an agency — Whether disclosure would unreasonably affect an organisation in respect of its lawful business affairs — Whether disclosure would prejudice the future supply of information to the Commonwealth — (CTH) Freedom of Information Act
'VN' and 'VM' (Privacy) [2020] AICmr 46
Privacy — Privacy Act 1988 (Cth) — Australian Privacy Principles — Breach of APP 12 — Breach of APP 11 — Psychologist delayed access to personal information — Damages for non-economic loss awarded — Aggravated damages awarded
'VJ', 'VK', 'VL' and 'VM' (Privacy) [2020] AICmr 45
Privacy — Privacy Act 1988 (Cth) — Australian Privacy Principles — Breach of APP 12 — Breach of APP 11 — Psychologist delayed access to personal information — Damages for non-economic loss awarded — Aggravated damages awarded
'VI' and CSIRO (Privacy) [2020] AICmr 44
Privacy — Privacy Act 1988 (Cth) — Australian Privacy Principles — APP 6 – APP 11 – Personal information provided for workers compensation claim – Personal information used for an employee’s workplace grievance – Sensitive medical information - Compensation for non-economic loss – Aggravated damages not awarded.
Innes v Electoral Commission of Queensland & Anor (No 1) [2020] QSC 273
PROCEDURE - MISCELLANEOUS PROCEDURAL MATTERS – OTHER MATTERS - where the applicant disputes the outcome of the Sunshine Coast Regional Council mayoral election of 28 March 2020 - where the Supreme Court sitting as the Court of Disputed Returns heard the application on 21 August 2020 and reserved its decision - where the applicant filed an application to re-open on 31 August 2020 - where the Court set a procedural timetable for the hearing, designed to ensure the timely exchange of outlines and evidence - where there is a legislative imperative to resolve applications which dispute the outcome of an election in an expeditious way - where the applicant seeks to re-make arguments already made and introduce additional material - whether exceptional circumstances warranting a re-opening exist - whether the interests of justice are served by the Court re-opening the hearing
Smith v National Injury Insurance Agency, Queensland [2020] QSC 289
STATUTES – ACTS OF PARLIAMENT – INTERPRETATION – GENERAL APPROACHES TO INTERPRETATION – PURPOSIVE APPROACH – GENERAL PRINCIPLES – where the applicant was seriously injured in a motorcycle accident and suffered a brachial plexus injury leaving his right arm functionally useless – where the applicant still had some capacity for movement in his thumb and wrist – where the applicant applied to be a participant in the National Injury Insurance Scheme – where the applicant submits his injury fell within the definition of “serious personal injury” in sch 1 National Injury Insurance Scheme (Queensland) 2016 which relevantly included “a permanent injury to the brachial plexus resulting in an impairment equivalent to a shoulder disarticulation amputation” – where the respondent rejected the applicant’s request to become a participant in the scheme because the applicant retained slight feeling and movement in his thumb and wrist – where the respondent took the view that the ordinary meaning of “impairment equivalent” required the applicant to have no feeling whatsoever in his arm or hand to be “equivalent” to a shoulder disarticulation injury – whether the respondent fell into an error of law or failed to consider a relevant consideration because of its interpretation of the definition of “serious personal injury”
ADMINISTRATIVE LAW – JUDICIAL REVIEW – POWERS OF COURTS UNDER JUDICIAL REVIEW LEGISLATION – DIRECTION TO ACT OR REFRAIN FROM ACTING – where the respondent adopted the incorrect interpretation of the statute – where if the respondent had adopted the correct interpretation of the statute, on the information before the decision maker, the applicant would have met the definition of “serious personal injury” – where there would remain a discretion as to whether the applicant should become a “interim member” or a “permanent member” of the National Injury Insurance Scheme (Queensland) – whether the court should make a direction compelling the respondent to make a particular decision – whether the court should declare that the applicant’s injury meets the definition of “serious personal injury”
Acts Interpretation Act 1954 Qld s 14A, s 14B(1)(c)
Judicial Review Act 1991 Qld s 13, s 20(2), s 48, s 30
Lee v Crime and Corruption Commission; Crime and Corruption Commission v Lee [2020] QCA 201
APPEAL AND NEW TRIAL – APPEAL GENERAL PRINCIPLES – RIGHT OF APPEAL – WHEN APPEAL LIES – ERROR OF LAW – WHAT IS – DISTINCTION BETWEEN QUESTION OF LAW AND QUESTION OF FACT – where s 150(3) of the Queensland Civil and Administrative Tribunal Act 2009 (Qld) provides that an appeal may be made “only on a question of law” – whether the grounds of the proposed appeal are limited to questions of law
ADMINISTRATIVE LAW – STATUTORY APPEALS FROM ADMINISTRATIVE AUTHORITIES TO COURTS – where the appeal tribunal of the Queensland Civil and Administrative Tribunal (‘QCAT’) set aside the decision of QCAT at first instance and substituted a finding that the police officer (applicant/respondent) had engaged in corrupt conduct pursuant to s 15 of the Crime and Corruption Act 2001 (Qld) – where the appeal tribunal ordered that the police officer perform 12 months of probation subject to conditions – where each applicant applied for leave to appeal the decision of the appeal tribunal – where the police officer submitted that the appeal tribunal’s reasoning from the primary facts through to its inferential finding of the relevant purpose or purposes for engaging in the corrupt conduct was erroneous – where the Crime and Corruption Commission submitted that the orders made by the appeal tribunal were manifestly inadequate – whether the purpose of the disciplinary proceeding could be adequately achieved through the imposition of a sanction that left the police officer in the police service
Crime and Corruption Act 2001 Qld s 15, s 219A, s 219C, s 219D, s 219F, s 219I, s 219M
Crime and Corruption and Other Legislation Amendment Act 2018 Qld s 5
Criminal Code 1899 Qld s 668D, s 669A
Amos v Walter [2020] QCAT 360
ADMINISTRATIVE LAW – ADMINISTRATIVE TRIBUNALS – SMALL CLAIMS TRIBUNAL – small claim – where Applicant a consumer – where Respondent a Costs Assessor – where Applicant filed claim in the Small Claims Tribunal (SCT) in 2009 – where Applicant alleged Respondent overcharged for costs assessment and for giving reasons for disallowing objections to itemised bill of costs – where Applicant claimed amount of the alleged overcharge and relief from payment of outstanding balance
ADMINISTRATIVE LAW – ADMINISTRATIVE TRIBUNALS – QUEENSLAND CIVIL AND ADMINISTRATIVE TRIBUNAL – where Applicant’s small claim not finally heard and decided in the SCT – where the SCT merged in the Queensland Civil and Administrative Tribunal (QCAT) by operation of the Queensland Civil and Administrative Tribunal Act 2009 (Qld) (the QCAT Act) – where proceedings continued in QCAT – whether provisions of the Small Claims Tribunals Act 1973 (Qld) (the SCT Act) continued to apply in deciding the dispute in QCAT
ADMINISTRATIVE LAW – ADMINISTRATIVE TRIBUNALS – QUEENSLAND CIVIL AND ADMINISTRATIVE TRIBUNAL – JURISDICTION – whether claim correctly characterised was one for a minor debt or a liquidated demand of money – whether Respondent a Trader as defined in the SCT Act and the QCAT Act – whether QCAT and former SCT had jurisdiction
Civil Proceedings Act 2011 Qld s 77; Limitation of Actions Act 1974 Qld s 10; Queensland Civil and Administrative Tribunal Act 2009 Qld ss 10, 11, 12, 13, 17, 47, 48, 135, 243, 244, 247, 251, 253, 254, s56, 269, 270, 271, 275, Sch 3
Rowse v Queensland Building and Construction Commission [2020] QCAT 344
ADMINISTRATIVE LAW – ADMINISTRATIVE TRIBUNALS – QUEENSLAND CIVIL AND ADMINISTRATIVE TRIBUNAL – where an application for miscellaneous matters was filed seeking to consolidate two separate matters in the Tribunal – where one of the matters had been withdrawn – where the application to consolidate matters was misconceived
Commonwealth
Family Law Amendment (Powers Delegated to Registrars) Rules 2020
25/09/2020 - The amendments delegate additional powers to Registrars and Deputy Registrars of the Family Court of Australia.
Federal Circuit Court Amendment (Powers Delegated to Registrars) Rules 2020
25/09/2020 - The amendments delegate a number of additional powers to Registrars of the Federal Circuit Court. The amendments, in conjunction with concurrent amendments to the Family Law Rules 2004, have the effect of harmonising the delegation of powers to family law Registrars in the Family Court of Australia and the Federal Circuit Court
Broadcasting Services (Primary Commercial Television Broadcasting Service) Declaration 2020
22/09/2020 - This instrument declares specified television broadcasting services to be the ‘primary commercial television broadcast service’ of a licensee for the purposes of the Broadcasting Services Act 1992.
Broadcasting Services (Parental Lock) Technical Standard 2020
18/09/2020 - This instrument ensures that particular domestic reception equipment has parental lock capabilities or distributes information that enables the parental lock capabilities in other domestic reception equipment to operate.
Queensland
Bills updated
Criminal Code (Child Sexual Offences Reform) and Other Legislation Amendment Bill 2019
Stage reached: Passed on 8/09/2020
Assent Date: 14/09/2020 Act No: 32 of 2020 Commences: see Act for details
The policy objective of the Act is to improve the responsiveness of the criminal justice system to child sexual offending and the victims of child sexual offences by amending a range of legislation
Criminal Code and Other Legislation (Wage Theft) Amendment Bill 2020
Stage reached: Passed with amendment on 9/09/2020
Assent Date: 14/09/2020 Act No: 34 of 2020 Commences: see Act for details
Enables the prosecution of wage theft as stealing under the Criminal Code, increasing the maximum penalties in the Criminal Code for the offences of stealing and fraud relating to wage theft, and facilitating the Industrial Magistrates Court's jurisdiction for wage recovery matters
Public Service and Other Legislation Amendment Bill 2020
Stage reached: Passed with amendment on 9/09/2020
Assent Date: 14/09/2020 Act No: 35 of 2020 Commences: Date of Assent
Subordinate legislation as made – 18 September 2020
No 211 Police Service Administration and Other Legislation Amendment Regulation 2020
The first policy objective of the Regulation is to amend the Police Service Administration Regulation 2016 to prescribe all Australian police agencies as approved agencies to facilitate efficient information sharing
No 212 Proclamation No. 1—Corrective Services and Other Legislation Amendment Act 2020 (commencing certain provisions)
No 215 Electoral and Other Legislation Amendment Regulation (No. 2) 2020
The Regulation provides for new part 6A (2020 general election) of the Electoral Regulation 2013. The Regulation clarifies that an elector registered as a general postal voter under these provisions of the Commonwealth Act may vote using another procedure for voting.
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.
