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Queensland Government Bulletin

30 April 2019

#Government

Queensland Government Bulletin

In the media

Union sets out social media rules
The Community and Public Sector Union (CPSU) has issued advice for its members on the use of social media by officers of the Australian Public Service (APS). The union says that like other citizens, APS employees have a right to participate in political affairs, including online (26 April 2019).  More... 

'Results would be catastrophic': judge keeps man who threatened to bomb PM behind bars
A man who said he would bomb prime minister Malcolm Turnbull has become the first person in NSW to be kept behind bars under new terrorism legislation, after a court found he poses an "unacceptable risk" to the community (24 April 2019).  More... 

It is now law – landholders to be reimbursed during negotiations
Queensland landholders can be reimbursed for out of pocket expenses incurred in negotiating conduct and compensation agreements with a resource company regardless of whether or not an agreement is reached (19 April 2019).  More... 

Queensland's property developer donation ban is valid
The High Court has ruled Queensland laws banning property developers from donating to political parties and candidates are valid. The Palaszczuk Labor government passed laws last year, backdated until before the 2017 Queensland election, banning property developers from donating money to state and local government politicians, candidates and parties (17 April 2019).  More...  

In practice and courts

ACCC consumer data right
The Australian Competition and Consumer Commission (ACCC) is seeking public feedback on the draft rules for the Consumer Data Right (CDR). The CDR will allow consumers to easily access their banking data and have it transferred to their trusted service providers. ACCC is seeking feedback on the approach and positions of the draft rules, including privacy aspects. Please provide your feedback before COB 6 May 2019

Review of the mandatory data retention regime
The Parliamentary Joint Committee on Intelligence and Security is reviewing the mandatory data retention regime prescribed by Part 5-1A of the Telecommunications (Interception and Access) Act 1979 (TIA Act).Section 187N of the TIA Act provides for the review and requires the committee to report by 13 April 2020. Access the terms of reference and the inquiry page for further information. Please provide your feedback before COB 31 May 2019

Current consultations
Review of the Telecommunication and Other Legislation Amendment (Assistance and Access) Act 2018, Parliamentary Joint Committee on Intelligence and Security. This review is in addition to two separate statutory reviews, amendments to include a review due to commence by April 2019

Law Council of Australia: Fortnightly update
The LCA have published their fortnightly newsletter (12 April 2019). A full copy is available here.

Law Council of Australia: Submissions
17 April 2019—Law Council
Review of the Australian Human Rights Commission Regulations 1989 and the Disability Discrimination Regulations 19

Current senate inquiries

Parliamentary scrutiny of delegated legislation
On 3 April 2019, the Senate granted an extension of time for reporting until 3 June 2019.  More... 

Review of model defamation provisions: Discussion paper
The purpose of defamation law is to balance protection from reputational damage with freedom of speech, and the release of information that's considered public interest. Each state and territory enacted legislation to implement the provisions to ensure greater national consistency. The Review of Model Defamation Provisions Discussion Paper includes specific questions about the Model Defamation Provisions for your consideration; however, you are invited to comment on any other matters related to the provisions. Submissions closed on 30 April 2019. The Model Defamation Provisions are available on the Australasian Parliamentary Counsel's Committee website here.

AAT bulletins 2019
The AAT Bulletin is a weekly publication containing a list of recent AAT decisions and information relating to appeals against AAT decisions
Issue No. 16/2019, 23 April 2019
Issue No. 15/2019,15 April 2019 

2019 COAT national conference
The 2019 Council of Australasian Tribunals (COAT) National Conference will be held 6 – 7 June in Melbourne.  More...  

Queensland

Queensland courts: Uniform Civil Procedure Rules 1999 - New forms
The following new forms have been approved on 24 April 2019.  More... 

Department of the Premier and Cabinet: Consultations
Annual report 2017–18 feedback survey
Open until 28 June 2019 - Help us produce useful, high quality annual reports. Take a minute to respond to this survey and share your thoughts and suggestions.  More... 

OIC Queensland: Privacy authorities Australia support complaint and enforcement cooperation
Privacy Authorities Australia (PAA) was established in 2008 to be a forum for the sharing of ideas, developments, resources and knowledge to improve the collective information privacy capability of Privacy Authorities across Australia. Following the success of the Policy Group, PAA has commenced a new initiative directed at improving cooperation in respect of their complaint handling and enforcement work (16 April 2019).  More... 

OIC Queensland cases
15/04/2019 - 7CMR4B and Queensland Police Service [2019] QICmr 13 (15 April 2019)

QAO: Managing electronic and digital evidence
The rapid and ongoing increase in the use of electronic and digital technology to commit and detect crime has led to a growing reliance on electronic and digital evidence in criminal investigations and prosecutions. This rapid growth and the increasing sophistication of technology presents significant opportunities and challenges for the criminal justice system. Legal Affairs and Community Safety Committee; Audit status Planned Anticipated tabling: to be advised.  More... 

QAO: Diverting young offenders from crime
This audit will examine the effectiveness of youth justice diversion and rehabilitation initiatives in helping young people better connect with the community and reduce the risk of them reoffending. Audit status Planned.  More... 

Queensland Sentencing Advisory Council: Intermediate sentencing options and parole
The due date for the final report has been extended by three months, by letter from the Attorney-General and Minister for Justice, and Leader of the House, to 31 July 2019. Read the Terms of Reference

Victim assist Queensland reminder: guidelines for financial assistance
Victim Assist Queensland provides financial assistance to victims of violent crimes that were committed in Queensland. The Director-General has issued Guideline 9 – Granting financial assistance for legal expenses, which takes effect from 21 April 2019.  More... 

CCC: Current prosecutions
No corrupt conduct identified in Black Swan Lake or Waterglow Development decisions - 18 April 2019
The CCC has determined it is in the public interest to advise it has not identified any corrupt conduct relating to the Gold Coast City Council’s (GCCC) decision to lease council-owned land at Bundall known as Black Swan Lake to the Gold Coast Turf Club and the decision to approve a development on the site.

Cases

State of Queensland (Department of Agriculture and Fisheries) v Humane Society International (Australia) Inc [2019] FCA 534
ADMINISTRATIVE LAW – application for an interim stay of a decision of the Administrative Appeals Tribunal – where Tribunal imposed conditions on licence issued to the applicant – Administrative Appeals Tribunal Act 1975 (Cth) s 44A – relevant considerations – whether stay is necessary for securing the effectiveness of the hearing and determination of the statutory appeal – whether the applicant has an arguable case – whether “special circumstances” need to be demonstrated – balance of convenience – where Tribunal decision will impose substantial compliance costs – risk of environmental harm if stay not granted
Administrative Appeals Tribunal Act 1975 (Cth) ss 43, 44, 44A

Acreman v Deputy Commissioner Brett Pointing [2019] QCAT 95
ADMINISTRATIVE LAW – ADMINISTRATIVE TRIBUNALS – POLICE – DISCIPLINE AND DISMISSAL FOR MISCONDUCT – QUEENSLAND – where the applicant police officer was involved in an off-duty incident – where two allegations presented concerning accessing official and confidential information contained within the Queensland Police Service computer system – where sanction imposed – where police officer demoted in rank and pay point – where application to review the finding of misconduct and the sanction imposed – where the allegations of misconduct were found to be substantiated by the Tribunal on review – whether sanction imposed is the correct preferable decision 

Beckett v Tax Practitioners Board [2019] FCA 353
ADMINISTRATIVE LAW – appeal on a question of law from a decision of the Administrative Appeals Tribunal (AAT) – where the AAT affirmed a decision by the Tax Practitioners Board to terminate the applicant’s registration as a tax agent – whether the AAT complied with the rules of procedural fairness in making and relying on findings of professional misconduct in relation to behaviour that was not raised in the Tax Practitioners Board’s decision without putting the applicant on notice that the AAT was considering making those findings – whether the AAT made findings that the applicant failed to meet her notification obligations under s 30-35 of the Tax Agent Services Act 2009 (Cth) – whether the AAT failed to have regard to the applicant’s self-incrimination privilege in consideration of the nature and extent of her disclosures to the Tax Practitioners Board – where the AAT rejected unchallenged evidence from the applicant’s referees on the basis that the references provided by customers represented a small proportion of the applicant’s overall client base – whether it was legally unreasonable to reject the unchallenged evidence of the applicant’s referees on that basis – appeal allowed

OPENetworks Pty Ltd v Myport Pty Ltd [2019] FCA 486
PRACTICE AND PROCEDURE – Where telecommunications carrier seeks temporary stay of Court proceedings for declaratory and injunctive relief pending outcome of objections referred to Telecommunications Industry Ombudsman – Whether appropriate to stay Court proceedings pending outcome of proceedings before an administrative body – Where Telecommunications Industry Ombudsman has deferred consideration of objections pending outcome of Court proceedings – Whether Telecommunications Industry Ombudsman is appropriate forum in which to determine issues raised in Court proceedings. Administrative Decisions (Judicial Review) Act 1977 (Cth) ss 5, 10(1), 10(2)(b); Federal Court of Australia Act 1976 (Cth) s 37M

Triabunna Investments Pty Ltd v Minister for Environment and Energy [2019] FCAFC 60
ENVIRONMENT LAW — application for judicial review of a referral decision made under the Environment Protection and Biodiversity Conservation Act 1999 (Cth) — where the second respondent lodged a proposal with the Department of Environment and Energy to farm Atlantic salmon on an existing marine lease — where a delegate of the Minister for Environment and Energy decided under s 75 of the Act that the proposed action was not a “controlled action” if undertaken in a “particular manner” within the meaning of s 77A of the Act — where the delegate issued a written notice under s 77(1) of the Act and a statement of reasons under s 77(4) of the Act — where the delegate provided the statement of reasons to the appellants in accordance with s 13 of the Administrative Decisions (Judicial Review) Act 1977 (Cth)
ENVIRONMENT LAW — whether the primary judge erred in finding that the delegate, having made all the necessary findings, did not err in law by failing to include in the notice issued under s 77 of the Act the conclusion that the use of K-Grid and of bundled feed and servicing lines by the second respondent were “particular manner” requirements — whether the primary judge erred in confining the operation of s 77A(1) to matters additional to that which was contained in the second respondent’s original proposal — whether the primary judge erred in finding that the delegate did not err by failing to take into account all “adverse impacts” of the proposed action as required by s 75(2) of the Act — where the primary judge inferred from the delegate’s reasons that the delegate had considered the visual impact of two permanently moored barges — whether the primary judge erred in failing to deal with the appellants’ contentions about how the delegate’s decision addressed the use of bundled feed and servicing lines by the second respondent
ADMINISTRATIVE LAW — whether the primary judge erred in failing to give adequate reasons for rejecting certain contentions made by the appellants — whether the primary judge erred by mischaracterising and incorrectly describing certain arguments advanced by the appellants

Commonwealth of Australia v Snell [2019] FCAFC 57
ADMINISTRATIVE LAW – Administrative Appeals Tribunal – whether issue estoppel arises in respect of matters decided in earlier decision concerning the same parties – whether Tribunal able to not consider relevant and probative evidence because of existence of earlier decision – power to reconsider earlier decision under Seafarers Act negates any limitation on evidence which Tribunal should consider when reviewing a subsequent decision – appeal allowed. Administrative Appeals Tribunal Act 1975 (Cth).  

Vickers v Queensland Building and Construction Commission & Ors [2019] QCA 66
1. The appeal is dismissed.
STATUTES – ACTS OF PARLIAMENT – INTERPRETATION – GENERAL APPROACHES TO INTERPRETATION – PURPOSIVE APPROACH – GENERAL PRINCIPLES
CONSTITUTIONAL LAW – IMPERIAL, COLONIAL, STATE AND COMMONWEALTH CONSTITUTIONAL RELATIONSHIPS – GENERALLY – SOVEREIGNTY – PLENARY NATURE OF POWERS – where the appellant contends that that s 56AC of the Queensland Building and Construction Commission Act 1991 (Qld) is constitutionally invalid – where the learned primary judge concluded that s 56AC of the Queensland Building and Construction Commission Act 1991 (Qld) was constitutionally valid – where the appellant contended that the addition of the words “in this or another State” in s 56AC(7) of the Queensland Building and Construction Commission Act 1991 (Qld) was too remote from the “peace, welfare and good government” of Queensland to be within power – whether there is a sufficient connection between the subject matter of the legislation and the State of Queensland. Constitution of Queensland Act 2001 (Qld)

Goodrich v Racing Victoria Racing Appeals and Disciplinary Board [2019] VSC 248
ADMINISTRATIVE LAW – Judicial review – Victorian Civil and Administrative Tribunal – Review of decision of Racing Victoria Racing Appeals and Disciplinary Board – Failure to allow stewards to inspect horse on race day – Whether the Victorian Civil and Administrative Tribunal misapplied s 51(2) of the Victorian Civil and Administrative Tribunal Act 1998 by setting aside the decision under review and not making another decision in substitution for it or remitting the matter – Whether seeking to obtain documents of appointment of the stewards was a collateral purpose amounting to an abuse of process – Whether reasonable apprehension of bias on the part of the Victorian Civil and Administrative Tribunal – No error in the Victorian Civil and Administrative Tribunal’s reasoning or conclusion that would justify overturning its decision – Application for leave to appeal granted – Appeal dismissed – Victorian Civil and Administrative Tribunal Act 1998 ss 49, 50, 51, 75, 148.

Legislation

Commonwealth

Act Compilation

Administrative Decisions (Judicial Review) Act 1977
16/04/2019 - Act No. 59 of 1977, amending an Act relating to the Review on Questions of Law of certain Administrative Decisions 

Regulation

Foreign Influence Transparency Scheme Amendment (2019 Measures No. 1) Rules 2019
16/04/2019 - This instrument amends the Foreign Influence Transparency Scheme Rules 2018 to prescribe matters for the purposes of sections 30 and 43 of the Foreign Influence Transparency Scheme Act 2018.

Queensland

Subordinate legislation as made – 26 April 2019
No 60 Penalties and Sentences (Penalty Unit Value) Amendment Regulation 2019

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Epaul.venus@holdingredlich.com

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Suzy Cairney, Partner
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Trent Taylor, Partner
T: +61 7 3135 0668
Etrent.taylor@holdingredlich.com

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