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Queensland Government Bulletin

03 August 2020

#Government

Queensland Government Bulletin

In the media

HRLC: Masks, COVID-19 and human rights
The Victorian Government is requiring people in Melbourne and the Mitchell Shire to wear a face covering or mask when leaving their home to help stop the spread of COVID-19. This explainer seeks to debunk claims that the requirement breaches people’s human rights (29 July 2020).  More...

Pandemic prompts surge in PS scammers
The Australian Competition and Consumer Commission (ACCC) has reported that scams impersonating Government Agencies are on the rise. Scammers are increasingly taking advantage of the financial difficulties and uncertainty generated from the COVID-19 pandemic to trick unsuspecting Australians (23 July 2020).  More...

Parents warned of surge in online abuse
The Australian Federal Police (AFP) have urged parents to be vigilant in keeping their children safe online amid a return to remote learning in metropolitan Melbourne (23 July 2020).  More...

Federal Court of Australia decision on live cattle export ban
The Australian Government accepts the outcome from the Federal Court of Australia (22 July 2020).  More...

Published - articles, papers, reports

Sentencing of Federal Offenders in Australia - A Guide for Practitioners - Third Edition
DCPP: 20 July 2020
The third edition of this comprehensive sentencing Guide reflects the law as at 1 June 2020, and has been updated by Des Lane of the Victorian bar.  It is an essential resource not only for CDPP lawyers, but for other legal practitioners, judicial officers, and others who deal with the sentencing of Federal Offenders.   More...

‘What's the difference?’: explaining parliamentary terms
Rob Lundie and Nicholas Horne; APH Research Paper Series, 2020-21: 22 July 2020
While the glossary focuses mainly on parliamentary terms, some relevant government and electoral terms are also included.  More...  

QLS raises privacy concerns on access to vehicle-generated data
Proctor, 22 July 2020; Lexi Kehl             
In a submission to the National Transport Commission (NTC), Queensland Law Society President Luke Murphy has expressed concern over government access to vehicle-generated data, including location citing and tracking.  More...

Australia’s ‘outdated’ defamation laws are changing – but there’s no ‘revolution’ yet
29 July, 2020 - Michael Douglas explains how long-awaited changes to Australia's defamation laws will impact media companies in this crossposting from The Conversation.  More...

Cases

Rex Patrick and Department of Defence (Freedom of information) [2020] AICmr 31
Freedom of Information — Whether disclosure of personal information unreasonable — (CTH) Freedom of Information Act 1982, s 47F 

Hughes trading as Beesley and Hughes Lawyers v Hill [2020] FCAFC 126
HUMAN RIGHTS – discrimination – definition of sexual harassment in s 28A of Sex Discrimination Act 1984 (Cth) – where Appellant submitted unwanted emails to Respondent were romantic – where Appellant entered Respondent’s bedroom on work trip dressed in underwear – whether Appellant’s conduct was of a ‘sexual nature’
DAMAGES – assessment of general damages – whether trial judge’s award manifestly excessive – whether authorities prior to Richardson v Oracle Corporation Australia Pty Ltd [2014] FCAFC 82 relevant – whether trial judge erred by taking into account objects of Sex Discrimination Act 1984 (Cth)
DAMAGES – assessment of aggravated damages – where Appellant threatened Respondent to prevent her from making a complaint – where Appellant obtained confidential information acting as Respondent’s legal representative in unrelated mediation – where Appellant used this information in defence at trial – whether this conduct could support award of aggravated damages

Schroeder and Australian Securities and Investments Commission [2020] AATA 2453
STATUTORY INTERPRETATION – amended legislation – where Corporations Act 2001 (Cth) was amended by the Financial Sector Reform (Hayne Royal Commission Response – Stronger Regulators (2019 Measures)) Act 2020 (Cth) during the course of the Tribunal’s proceedings – whether the Tribunal should apply the Corporations Act 2001 (Cth) in its current form or its pre-amended form – effect of transitional provisions – Tribunal to apply Corporations Act 2001 (Cth) as amended by the Financial Sector Reform (Hayne Royal Commission Response – Stronger Regulators (2019 Measures)) Act 2020 (Cth). 

Farrell; Chief Executive Officer, Services Australia and (Freedom of information) [2020] AATA 2390
FREEDOM OF INFORMATION – documents held by Services Australia – whether a practical refusal reason exists – whether work involved in processing the request would substantially and unreasonably divert the resources of the agency from its other operations – meaning of ‘other operations’ considered – consultation notice provided under s 24AB – where respondent refused to refine scope of his request – where the work involved in processing the request is substantial but is not an unreasonable diversion – decision under review affirmed
Freedom of Information Act 1982 (Cth) ss 3, 24, 24AA, 24AB, 93A

Mentink v Queensland Police Commissioner (No 2) [2020] FCA 1025
CRIMINAL LAW AND PROCEDURE – application for permission to leave Australia by applicant who is on a child protection offender register – whether Federal Court of Australia is a “competent authority” pursuant to s 271A.1(3) of the Criminal Code 1995 (Cth) to permit the applicant to leave Australia – whether the delegate of the Queensland Police Commissioner was biased, actual or apprehended – whether the delegate’s reasons for refusing the applicant permission to leave Australia were irrational, illogical or otherwise unreasonable – whether the delegate failed to consider relevant considerations or wrongly considered irrelevant considerations
HIGH AND FEDERAL COURT – application for permission to leave Australia by applicant who is on a child protection register – whether Federal Court of Australia is a “competent authority” pursuant to s 271A.1(3) of the Criminal Code 1995 (Cth) – application to review decision by State Police Commissioner as “competent authority” – whether reviewable under Administrative Decisions (Judicial Review) Act 1977 (Cth) – special federal matter – whether judicial review proceedings should ordinarily be commenced in Federal Court or Federal Circuit Court rather than State Supreme Court
Constitution ss 51, 61, 62, 122; Acts Interpretation Act 1901 (Cth) s 2C; Administrative Decisions (Judicial Review) Act 1977 (Cth) ss 3, 5, 8, 16 

Walters v Hanson & Ors [2020] QSC 216
ADMINISTRATIVE LAW – JUDICIAL REVIEW – GROUNDS OF REVIEW – FAILURE TO OBSERVE STATUTORY PROCEDURE – where the applicant, the Director of Cardiology at the Prince Charles Hospital, was suspended from duty under the Public Service Act 2008 over conduct which is alleged to have contravened the Public Interest Disclosure Act 2010 – where section 137(2) of the Public Service Act 2008 requires the notice of suspension to state “when the suspension starts and ends” – where the letter notifying the applicant of his suspension states that his suspension will remain in place until an investigation can be undertaken and the outcome has been considered, unless otherwise determined – where the applicant seeks judicial review of the decision on the basis that it was made without observing procedures required by law in that it failed to specify an end date – whether the phrases “when the suspension starts and ends” and “period of suspension” require the notice to state the period by reference to dates or in terms of its duration – whether the notice achieved substantial compliance with the requirement of section 137(2)(a)
ADMINISTRATIVE LAW – JUDICIAL REVIEW – GROUNDS OF REVIEW – ERROR OF LAW – where the applicant, the Director of Cardiology at the Prince Charles Hospital, was suspended from duty under the Public Service Act 2008 over conduct which is alleged to have contravened the Public Interest Disclosure Act 2010 – where the chief executive made a decision to suspend the applicant’s scope of practice on the basis that his employment had been suspended – where the decision was purportedly made under the credentialing procedure for practitioners in Metro North Hospital and Health Service – whether the credentialing procedure is an enactment within the meaning of the Judicial Review Act 1991, specifically, within the definition in s 7(3) of the Statutory Instruments Act 1992 – whether the two limbs in Part 4, section (or clause) 5 of the Credentialing Procedure are to be read cumulatively or alternatively – whether the suspension of the applicant from “duty” as per the letter of 28 August 2019 was a suspension of his “employment” – whether relief should be declined as a matter of discretion
Integrity Reform (Miscellaneous Amendments) Act 2010 Qld s 125
Judical Review Act 1991 Qld s 20; Public Interest Disclosure Act 2010 Qld ss 40, 65; Public Service Act 2008 Qld ss 3, 25, 137, 187, 188, 189, 190, 191, 192; Statutory Instruments Act 1992 Qld ss 6, 7

TS v Assistant Commissioner Chelepy [2020] QCAT 279
ADMINISTRATIVE LAW – ADMINISTRATIVE TRIBUNALS – QUEENSLAND CIVIL AND ADMINISTRATIVE TRIBUNAL
POLICE – INTERNAL ADMINISTRATION – DISCIPLINE AND DISMISSAL FOR MISCONDUCT – QUEENSLAND – where disciplinary charges were brought in relation to use of a Police Citizens Youth Club vehicle and as to statements and documents given to investigators – where the officer denied using the vehicle for personal use – whether log books and FBT records in relation to the vehicle were incorrect as a result of fabrication or poor bookkeeping – where the plausibility of the officer’s statements and submissions were discussed. Crime and Corruption Act 2001 Qld s 219H; Police Service Administration Act 1990 Qld s 1.4, s 4.9
Police Service (Discipline) Regulations 1990 Qld , s 9(1)(f)

Gunter v Assistant Commissioner Wilkins [2019] QCAT 410
POLICE – INTERNAL ADMINISTRATION – DISCIPLINE AND DISMISSAL FOR MISCONDUCT – QUEENSLAND – where police officer accessed
personal information on police database – whether access improper. Crime and Corruption Act 2001 Qld s 219H; Police Service Administration Act 1990 Qld s 1.4, s 2.3, s 4.9; Queensland Civil and Administrative Tribunal Act 2009 Qld s 20;

Legislation

Commonwealth

Act Compilation

Privacy Act 1988
29/07/2020 - Act No. 119 of 1988 as amended

Criminal Code Act 1995
21/07/2020 -  Act No. 12 of 1995 as amended

Crimes Act 1914
20/07/2020 - Act No. 12 of 1914 as amended

Age Discrimination Act 2004
20/07/2020 - Act No. 68 of 2004 as amended

Regulations

Electronic Transactions Regulations 2020
29/07/2020 - This instrument provides an updated list of Commonwealth laws that are exempt from the Electronic Transactions Act 1999. 

Australian Prudential Regulation Authority (confidentiality) determination No.1 of 2020
23/07/2020 - The effect of this determination is that the non-confidential information (other than personal information within the meaning of the Privacy Act 1988) may be published under subsection 56(5C) of the Australian Prudential Regulation Authority Act 1998.

Marriage (Celebrant Professional Development) Second Amendment Statement 2020
21/07/2020 - This instrument amends the Marriage (Celebrant Professional Development) Statement 2020 by adding an additional activity and correcting the course reference number for the Certificate IV in Celebrancy activities.

Queensland

Ministerial and Other Office Holder Staff and Other Legislation Amendment Bill 2018
Stage reached: Passed with amendment on 16/07/2020
Assent Date: 23/07/2020 Act No: 25 of 2020
Commences: Date of Assent Bill Exp Note Act

Bills updated in the last week

Transport Legislation (Disability Parking and Other Matters) Amendment Bill 2019
Stage reached: Passed with amendment on 14/07/2020
Assent Date: 21/07/2020 Act No: 22 of 2020
Commences: see Act for details

Corrective Services and Other Legislation Amendment Bill 2020
Stage reached: Passed with amendment on 16/07/2020
Assent Date: 21/07/2020 Act No: 23 of 2020
Commences: see Act for details. The objective of the Bill is to respond to the immediate risks identified in the Crime and Corruption Commission's Taskforce Flaxton: An examination of corruption risks and corruption in Queensland's prisons,

Acts

Proclamation No. 3 — Working with Children (Risk Management and Screening) and Other Legislation Amendment Act 2019 (Qld)
This Proclamation is made under the Working with Children (Risk Management and Screening) and Other Legislation Amendment Act 2019. This Proclamation will commence the remaining provisions of the Working with Children (Risk Management and Screening) and Other Legislation Amendment Act 2019 on 31 August 2020.

Electoral and Other Legislation (Accountability, Integrity and Other Matters) Amendment Act 2020 (Qld)
The key policy objective of Chapter 2 is to improve the actual and perceived integrity and public accountability of State elections and ensure public confidence in State electoral and political processes
Commencement: (d)the remaining provisions of chapter 2, and schedule 1, commence on 1 August 2020, immediately after the commencement of the provisions of the Electoral and Other Legislation Amendment Act 2019 that, under section 2 of that Act, commence on 1 August 2020.

Subordinate legislation as made – Subordinate Legislation as made – 31 July 2020
No 141 Guardianship and Administration and Other Legislation Amendment (Postponement) Regulation (No. 2) 2020
No 142 Proclamation No. 2—Justice and Other Legislation Amendment Act 2020 (commencing remaining provisions)
No 143 Justice Legislation (Fees, Allowances and Other Amounts) Amendment Regulation 2020
No 144 Electoral Amendment Regulation 2020

No 145 State Buildings Protective Security Amendment Regulation 2020

Subordinate legislation as made – Subordinate Legislation as made – 24 July 2020
No 140 Legal Profession (Society Rules) Amendment Notice (No. 2) 2020

Reminders:
Adoption Regulation 2020 (Qld)
This Regulation is made under the Adoption Act 2009. The Adoption Regulation 2009 was made on 11 December 2009 and commenced in February 2010. The Regulation is due to expire on 1 September 2020. The remade Regulation replicates the provisions in the existing Regulation. It also maintains the value of prescribed fees in the Regulation by increasing the current fees by 1.8%.

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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