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Queensland Government Bulletin

31 August 2021

#Government, #Local Government, #Workplace Relations & Safety

Published by:

Joseph Sherman

Queensland Government Bulletin

Crime and Corruption Commission’s audit plan – a ‘heads-up’ for government entities

The use of fuel by local council employees is one area under the microscope in a new audit program conducted by the Crime and Corruption Commission (CCC). The CCC is the independent statutory body responsible for combatting and investigating major crime and corruption in the Queensland public sector. 

On 9 August 2021, the CCC released its biennial publication, Corruption Audit Plan – 2021-2023 (Audit Plan). The Audit Plan outlines the CCC’s program of audits between 2021 and 2023 and flags the following key areas the anti-corruption body will focus on:

  • misuse of public resources
  • recruitment – the selection process and employment screening
  • complaint management process.

Misuse of public resources

This audit has already commenced, with completion expected by the end of 2021. Bundaberg Regional, Ipswich City and Whitsunday Regional councils are in the spotlight while the State Government Departments of Education, Police and Environment and Science are also being audited.

The term ‘public resources’ covers all forms of ratepayer or taxpayer-funded resources, but the plan specifically states that the audit uses “data analytics to detect fuel consumption fraud in local councils”.

Recruitment

Nepotism and undue influence in council and state government selection processes will be audited in 2022, with Fraser Coast and Cassowary Coast Regional councils, along with the Department of Regional Development, Manufacturing and Water, to be looked at by the Commission.

The plan states that “Employing people, including family members, without a genuine merit-based process may affect productivity, lead to inefficient use of limited resources, and create a poor workplace culture.”

The audit will also examine employment screening processes in the relevant agencies.

Complaint management practices

This audit is scheduled for between September 2022 and March 2023 and will examine both workplace complaints and investigations, along with the appropriateness of disciplinary decisions. The agencies to be audited have yet to be decided.

Significance

The Audit Plan lists various government departments, councils, government-owned corporations, universities and statutory authorities as specific entities that may be audited or are currently being audited in relation to specific focus areas.

However, the scope of the Audit Plan is not limited to the named entities. The CCC will also conduct an annual “dynamic prevention project”, which will be determined by the CCC as the need arises. 

Previous audits

At the conclusion of an audit, the CCC may produce summary reports that outline the audit’s findings and recommendations. You can access the CCC’s public reports on previous audits on their website (2016 – 2017, 2017 – 2019, 2019 – 2021).

The summary audit reports can assist government entities in preparing for upcoming audits as part of the Audit Plan. For example, entities that may be audited as part of the recruitment audit should refer to the CCC’s previous summary report regarding corrupt conduct in recruitment and selection activities, released following an audit in 2017.

The CCC’s previous focus areas include research fraud, timesheet and leave fraud, local government procurement, assessments of corrupt conduct and gifts and payments from industry.

Tips for government entities

The Audit Plan should put government entities on notice regarding the CCC’s focus areas for the next two years.

Named entities must ensure that their internal policies and procedures are robust and are being followed, particularly in relation to the focus areas. Notwithstanding this, the inclusion of the annual dynamic prevention project in the Audit Plan means that all government entities could be audited and reinforces the importance of maintaining practical and up-to-date procedures.

Holding Redlich are experts in public service law. If you have any questions or need assistance in preparing for an audit, please get in touch with us.

Authors: Edmund Burke & Joseph Sherman

In the media

Space, robotics among new Defence priorities
The federal government has added new sovereign defence priority areas in recognition of the changing nature of technology for the battlefield (27 August 2021).  More...

Govt keeps robodebt advice secret
The federal government has again blocked the release of documents relating to the robodebt scandal, in an “enormous undermining of public confidence” which could lead to similar failures of public administration in the future, according to a number of senators (26 August 2021).  More...

Senate shoots down sovereign capability inquiry
The Senate has shot down the federal government’s attempt to launch an inquiry into Australia's sovereign capability and critical infrastructure (26 August 2021).  More...

'Extraordinary’ hacking powers pass Parliament
Legislation handing “extraordinary” new hacking powers to Australian authorities, the Surveillance Legislation Amendment (Identify and Disrupt) Bill 2021 has passed through Parliament with support from the Opposition, despite the government not implementing some of the recommendations from the national security committee (25 August 2021).  More...

HRLC: Insufficient safeguards in new surveillance law
The Morrison Government has rushed through a new law creating sweeping surveillance powers, ignoring crucial recommendations of the bipartisan Parliamentary Joint Committee on Intelligence and Security that stronger safeguards are needed to protect the privacy of all Australians (25 August 2021).  More...

Concern that recommendations to add crucial safeguards to surveillance bill were ignored
The Law Council of Australia is concerned that the Surveillance Legislation Amendment (Identify and Disrupt) Bill 2020 as passed, did not adopt key recommendations of the Parliamentary Joint Committee on Intelligence and Security that included the implementation of critical safeguards (25 August 2021).  More...

Counter-Terrorism Legislation Amendment (Sunsetting Review And Other Measures) Bill 2021
The Morrison Government has welcomed the passage in the Parliament of legislation to continue critical powers to respond to the evolving threat posed by terrorism (24 August 2021).  More...

DTA ditches digital ‘transparency’ dashboard
The federal government has shut down its Performance Dashboard, used to improve digital services and provide transparency to the public, as part of a significant restructuring of its digital agency (24 August 2021).  More...

Ombudsman lays down law for follow-ups
The Office of the Commonwealth Ombudsman has issued a factsheet on the extent of implementation of its recommendations by Government Agencies. In its publication Recommendations Implementation Report Factsheet the Office says it periodically publishes reports to ensure Agencies take action to address areas of improvement identified in past Ombudsman reports (23 August 2021).  More...

ACSC calls for back first to protect data
The Australian Cyber Security Centre (ACSC) has advised computer users to back up their online data as “one of the best defences against ransomware” and similar cyber attacks.
The ACSC’s step-by-step guides on creating a backup can be accessed here (23 August 2021).

Australian Bar Association responds to recent commentary about judicial impartiality
The Australian Bar Association notes recent commentary in the media about analyses of the outcomes of decisions reached by individual judges – sitting both by themselves in trials or together on appeals (23 August 2021).  More...

Ransomware rise a concern: Privacy Commissioner
Data breaches arising from ransomware incidents increased by 24 per cent in the first half of the year, prompting Australia’s Privacy Commissioner to warn that such attacks “are a significant cyber threat” that may be under-reported (23 August 2021).  More...

OAIC: Data breach report highlights ransomware and impersonation fraud as concerns
The latest Notifiable Data Breaches Report highlights how the OAIC expects entities to prevent and respond to data breaches caused by ransomware and impersonation fraud (23 August 2021).  More...

HRLC: Senate votes to ban forced labour imports in vital step to combat modern slavery
The Australian Senate has voted to ban the importation of any goods made with forced labour into Australia, in a move that signals cross-party support for stronger measures to prevent Australian companies profiting from modern slavery overseas (23 August 2021).  More...

Three new magistrates appointed in Queensland
Cairns, Brisbane, Bundaberg and Southport will see new magistrates in their courts following the latest round of appointments announced by Attorney-General and Minister for Justice Shannon Fentiman. Ms Janice Crawford, Mr John McInnes and Mr Bevan Hughes will take up their positions on the Bench next week (20 August 2021).  More...

Audited Defence program found effective
A performance audit of the Department of Defence’s administration of enabling services, specifically, the Enterprise Resource Planning Program has found the Program has been largely effective, but found there was scope for the Department to improve program governance arrangements (20 August 2021).  More...

Reappointments to the Administrative Appeals Tribunal
The Australian Government is pleased to announce four reappointments to the Administrative Appeals Tribunal (20 August 2021).  More...

New pilot program to deliver a government-wide data catalogue
The ONDC has received funding in the 2021-22 Federal Budget to deliver a pilot program to develop data inventories for 20 per cent of Australian Government agencies. These data inventories will provide the foundation for a public, searchable catalogue of government-held data assets, providing a starting point for those wishing to seek out government data and apply to the relevant data custodian for safe access to the data (20 August 2021).  More...

Government response to the Tune Review
The Morrison Government has released its response to the Functional and Efficiency Review of the National Archives of Australia. Preserving Australia's historic records is crucial to the identity of the nation and the collection includes irreplaceable information about our citizens, such as immigration records, military service records and Census data (19 August 2021).  More...

Law Reform Commission media statement
Consultation with the public is an important part of the law reform process conducted by the Australian Law Reform Commission (ALRC). The ALRC encourages the public to engage with it and values the contributions it receives from the public and relevant stakeholders (18 August 2021).  More...

Statement on Afghanistan by the Law Council of Australia and the Australian Bar Association
The LCA and the Australian Bar Association join members of the international legal community in expressing grave concern regarding the fall of Afghanistan’s Government to the Taliban. Among Afghans at terrible risk are judges and lawyers – many of whom have courageously worked to defend and uphold the rule of law, and to support and establish democratic and justice institutions over the past twenty years (18 August 2021).  More...

Moving forward with Terms of Reference review
The community has responded to the Queensland Sentencing Advisory Council’s call for preliminary submissions about the serious violent offences (SVO) scheme with diverse feedback. With preliminary submissions now closed, the Council has completed the first stage of the Terms of Reference review on the SVO scheme in Part 9A of the Penalties and Sentences Act 1992 (18 August 2021).  More...

Public Understanding of Law Survey assists evidence-based decisions
Designing legal services that meet people’s needs requires an understanding of the public’s experiences and perspectives – it’s central to bottom-up, practical access to justice. The Victoria Law Foundation’s Public Understanding of Law Survey will assist to achieve this goal (17 August 2021).  More...

Comment invited on new Women’s Strategy
The public has been invited to comment on a five-year plan to build a new Queensland Women’s Strategy following the success of the 2016-21 Strategy, which comes to an end this year (17 August 2021).  More...

In practice and courts

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 (20 August 2021).

ALRC in brief - August 2021
23 August 2021 - the Australian Law Reform Commission co-hosted a seminar with Wolters Kluwer to explore different viewpoints on judicial impartiality outlined in detail here.  More...

ABA KordaMentha concurrent evidence practices survey
KordaMentha and the Australian Bar Association are interested in your views on concurrent evidence practices in Australia. If you have first-hand experience with concurrent evidence and would like to be part of the survey, we welcome your participation. The survey closes on 17 September. You can find more information, and take the survey here (24 August 2021).

Federal Circuit and Family Court of Australia - Rules of Court - Family Law, General Federal law and Bankruptcy
The Chief Justice of the Family Court of Australia and Chief Judge of the Federal Circuit Court of Australia has advised that new Rules regarding the family law and child support jurisdictions and general federal law and bankruptcy proceedings in the FCFCOA have been made and will commence on 1 September 2021. A brief summary of the new rule instruments are outlined here (updated 27 August 2021).

Update to the family law profession: Commencement of the new FCFCOA
The Family Court of Australia and Federal Circuit Court of Australia released information last week outlining changes to court operations that will occur on the commencement of the Federal Circuit and Family Court of Australia (FCFCOA) from 1 September 2021. The attached provides an overview of changes to the FCFCOA’s harmonised rules, practice directions, forms and website.

Attorney-General Appointments
20 August 2021 Reappointments to the Administrative Appeals Tribunal.

ACMA Consultation: Consumer vulnerability: Expectations for the telco industry - consultation 27/2021
We want to create a statement of expectations for the telco industry to improve outcomes for vulnerable consumers. Closing date 08 September 2021.  More...

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 20 August 2021.

Law Council of Australia Submissions
20 August 2021— Law Council
CP 345 Litigation funding schemes: Guidance and relief
20 August 2021— Law Council
Inquiry into Constitutional Reform and Referendums
19 August 2021— Business Law Section
Consumer Data Right Strategic Assessment

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. 17/2021, 23 August 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
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.

Strengthening Australia’s cyber security regulations and incentives
​​​​​​​​​​
On 13 July 2021, the Australian Government opened consultation on options for regulatory reforms and voluntary incentives to strengthen the cyber security of Australia’s digital economy. Interested stakeholders are invited to provide a submission to the discussion paper, Strengthening Australia’s cyber security regulations and incentives. Submissions on the discussion paper can be made via our submission form before 27 August 2021.  More...

Queensland

QTranscripts: New recording and transcription service for Queensland Courts & Tribunals
A recording and transcription project is underway to implement a new recording and transcription service into Queensland Courts. Queensland Courts will gradually transition to a new recording and transcription service delivery model. These changes are outlined further in Keeping you informed – August 2021, found here.

New judicial conduct protocol for District Court
A third protocol now provides a further pathway for QLS members to raise concerns on judicial conduct. The protocol signed this week joins two other protocols – covering the Supreme Court and Magistrates Court – that provide an informal procedure whereby members can raise concerns on judicial conduct with the QLS President, who can then take them to the appropriate judicial chief.
The protocols and further guidance are available with QLS Guidance Statement No.22, ‘Dealing with inappropriate judicial conduct in the courtroom’.

OIC Qld decisions
19 August 2021 - I18 and Queensland Police Service [2021] QICmr 44 (19 August 2021)
ADMINISTRATIVE LAW - RIGHT TO INFORMATION - REFUSAL OF ACCESS - DOCUMENT NONEXISTENT OR UNLOCATABLE - request for a police report made by applicant’s former employer - whether agency has taken all reasonable steps to locate the requested document - whether access may be refused on the basis the document sought does not exist - section 67(1) of the Information Privacy Act 2009 (Qld) and sections 47(3)(e) and 52(1) of the Right to Information Act 2009 (Qld).

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.

Reminder: Commission into Institutional Responses to Child Sexual Abuse
The scheme aims to overcome communication barriers and create a more accessible justice system by providing intermediaries to assist witnesses with communication needs to give their best evidence. The scheme will commence in Brisbane and Cairns in July 2021 and will operate as a two-year pilot program.

Published – articles, papers, reports

Courts and Tribunals Legislation Amendment (2021 Measures No. 1) Bill 2021 Inquiry Report
Commonwealth of Australia August 2021
The Courts and Tribunals Legislation Amendment (2021 Measures No. 1) Bill 2021 amends legislation relating to the administration of federal courts and the Administrative Appeals Tribunal.  More...

Notifiable Data Breaches Report
OAIC: 23 August 2021
Reports 43 per cent resulting from cyber security incidents, of the 445 total breaches, 46 were from ransomware, up from 37 notifications in the last reporting period.  More...

ANAO Annual Report 2020–21
ANAO: 26 August 2021
This annual report documents the performance of the Australian National Audit Office (ANAO) in the financial year ended 30 June 2021. The report addresses all applicable obligations under the Public Governance, Performance and Accountability Act 2013; the Public Governance, Performance and Accountability Rule 2014; the Auditor-General Act 1997; the performance measures set out in the outcome and programs framework in the ANAO’s Portfolio Budget Statements 2020–21 and the ANAO Corporate Plan 2020–21; and annual reporting requirements set out in other relevant legislation. 

Defence’s Administration of Enabling Services — Enterprise Resource Planning Program: Tranche 1
ANAO: 16 August 2021
The audit objective was to examine the effectiveness to date of the Department of Defence’s administration of the Enterprise Resource Planning (ERP) program, with a focus on ERP Tranche 1 activities

NLD - Right of Review - Prosecutions involving child and certain other complainants
CDPP: 18 August 2021
The purpose of this National Legal Direction (NLD) is to set out guidelines in relation to how certain critical decisions should be made with respect to commencing or wholly discontinuing charges in matters where there is a complainant or multiple complainants, and the complainant is an identifiable victim
NLD - Right of Review - Prosecutions involving child and certain other complainants.

ABA National Brief – 09 August 2021
The ABA issues regular news updates to its members.  More...

Defence’s Administration of Enabling Services — Enterprise Resource Planning Program: Tranche 1
Auditor-General Grant Hehir found the ERP Program: 20 August 2021
Mr Hehir made five recommendations aimed at improving the Department’s risk reporting; probity management; program decision-making arrangements; contract governance; and benefits realisation planning. The Department agreed to implement all five recommendations. The online Audit Report can be found online here and a 93-page pdf report here.

Government’s response to the Tune Review
Commonwealth Government: August 2021
The Review highlights a number of challenges faced by the National Archives in areas such as the adoption of new technology for the management of the information in its custody, cybersecurity, limitations of the current legislative regime and deterioration of records. The Government has agreed to all 20 recommendations, in full or in principle.  More...

Cases

Hardingham v RP Data Pty Limited [2021] FCAFC 148
COPYRIGHT – consideration of copyright subsisting in photographs and floorplans – consideration of the terms of an oral licence conferred by the copyright owner and exclusive licensee on real estate agencies to use the works for the purposes of securing a sale or lease of the particular property – consideration of the principles governing whether a term is to be implied, in fact, into the oral informal agreements between the rights owners and each agency and the content and scope of such a term – consideration of the principles governing whether a term is to be inferred into the oral informal agreements from all the circumstances as a matter of the actual intention of the parties
CONTRACTS - consideration of the terms of an oral licence conferred by the copyright owner and its exclusive licensee of photographs and floorplans, on real estate agencies to use the works for the purposes of securing a sale or lease of the particular property – consideration of the principles governing whether a term is to be implied, in fact, into the oral informal agreements between the rights owners and each agency and the content and scope of such a term – consideration of the principles governing whether a term is to be inferred into the oral informal agreements from all the circumstances, as a matter of the actual intention of the parties
Copyright Act 1968 (Cth), ss 10, 13, 15, 31, 32, 36

Slade v Cairns Regional Council [2021] QCAT 276
ADMINISTRATIVE LAW – ADMINISTRATIVE TRIBUNALS – QUEENSLAND CIVIL AND ADMINISTRATIVE TRIBUNAL – animals – dangerous dog – where dog owner asserts attack was provoked by a third person – where victim was not the person provocateur – whether victim sustained bodily harm – where Dangerous Dog declaration made - Queensland Civil and Administrative Tribunal Act 2009 Qld s 17, s 18, s 19, s 20, s 24
Animal Management (Cats and Dogs) Act 2008 Qld s 89, s 94, s 188

Health Ombudsman v Pin [2021] QCAT 242
PROFESSIONS AND TRADES – HEALTH CARE PROFESSIONALS – MEDICAL PRACTITIONERS – DISCIPLINARY PROCEEDINGS – PROFESSIONAL MISCONDUCT AND UNPROFESSIONAL CONDUCT – where the respondent is a medical practitioner specialising as a general practitioner – where the respondent left a piece of catheter and optical fibre in a patient’s leg following a varicose vein procedure – where the respondent failed to provide appropriate follow-up care – whether such conduct amounts to unsatisfactory professional performance, unprofessional conduct or professional misconduct– what sanction should be imposed
ADMINISTRATIVE LAW TRIBUNALS – QUEENSLAND CIVIL AND ADMINISTRATIVE TRIBUNAL – where there was significant delay by the Office of the Health Ombudsman in the investigation and prosecution of the matter – whether a non-publication order should be made anonymising the respondent

Braun v Health Ombudsman [2021] QSC 209
ADMINISTRATIVE LAW – JUDICIAL REVIEW – PROCEDURE AND EVIDENCE – EXTENSION OF TIME – PARTICULAR CASES – where the respondent decided to carry out three investigations in March and April 2019 of matters concerning the applicant’s performance and conduct as a health practitioner – where none of the investigations was completed by the respondent before the due day under s 85(1) of the Health Ombudsman Act 2013 (Qld) that was one year after the decision to carry out the relevant investigation – where the respondent purported to extend the due day for completing each of the investigations under s 85(2) and did so more than once under s 85(3) – where the respondent purported to extend the due day for one of the investigations after the due day had passed – whether the power to extend the due day may be exercised retrospectively
ADMINISTRATIVE LAW – JUDICIAL REVIEW – GROUNDS OF REVIEW – RELEVANT CONSIDERATIONS – FAILURE TO CONSIDER – where the due day may be extended under s 85(2) if the respondent reasonably considers that, in all the circumstances, it is not possible to properly complete the investigation by the due day – where the respondent’s records show the approval of requests to place each of the investigations on the public register and to make extensions to the public register and, in March 2021, expressly record the decisions to extend the due day and the reasons for the decisions – where a number of clinical advices for matters the subject of one of the investigations were not completed until after the decision in March 2021 to extend the due day – whether the respondent did not reasonably consider that it was not possible to properly complete each investigation by the due day
ADMINISTRATIVE LAW – JUDICIAL REVIEW – GROUNDS OF REVIEW – IRRELEVANT CONSIDERATIONS – where the respondent submitted that the due day for each of the investigations was extended, in part, because none of the investigations concerning the applicant had been completed at the time the due day was extended – whether the respondent took an irrelevant consideration into account by considering the other investigations
INTERPRETATION – GENERAL RULES OF CONSTRUCTION OF INSTRUMENTS – GENERAL MATTERS – where the Health Ombudsman Act 2013 (Qld) does not expressly provide for the consequence of a contravention of s 85(1) – where s 4(1) provides that the main principle is that the health and safety of the public are paramount – where s 3(2) provides that the objects of the Act are to be achieved mainly by establishing a “transparent, accountable and fair system for effectively and expeditiously dealing with complaints and other matters” – whether a failure to validly extend the due day under s 85(2) will cause the due day to pass under s 85(1) with the consequence that the respondent is unlawfully further carrying out the investigations – where the respondent is under a duty under s 90 to decide to take particular relevant action or to take no further action “[a]fter completing an investigation” – whether s 90 applies when the due day under s 85(1) has passed or when the investigation is complete to the satisfaction of the respondent
ADMINISTRATIVE LAW – JUDICIAL REVIEW – STANDING TO INSTITUTE PROCEEDINGS – PARTICULAR CASES – where the relief sought by the applicant is a declaration and an injunction under s 43(2) of the Judicial Review Act 1991 (Qld) – where the respondent submits that each extension of the due day of each of the investigations had no effect on the applicant’s rights or interests – whether there was a decision or conduct of the respondent that affected the applicant’s rights or interests
Acts Interpretation Act 1954 Qld s 32A, s 32CA(2), s 38

Legislation

Commonwealth

Foreign Intelligence Legislation Amendment Bill 2021
Finally passed both Houses 26 August 2021 - to: Enable the Director-General of Security to apply for a warrant authorising the interception of a communication for the purpose of obtaining foreign intelligence from foreign communications; and Australian Security Intelligence Organisation Act 1979 and Telecommunications (Interception and Access) Act 1979 to enable the Attorney-General to issue foreign intelligence warrants to collect foreign intelligence on Australians in Australia who are acting for, or on behalf of, a foreign power; and Telecommunications (Interception and Access) Act 1979 to make other amendments.

Electoral Legislation Amendment (Counting, Scrutiny and Operational Efficiencies) Bill 2021
Finally passed both Houses 26 August 2021 - Amends the Commonwealth Electoral Act 1918 to: Insert a vote-saving provision for postal votes that are not received inside a sealed envelope bearing a postal vote certificate; enable postal voters outside Australia to complete certain procedural steps electronically if they are unable to comply with authorised witness requirements; amend how records of paper-based postal vote applications are managed; remove the requirements for pre-poll declaration envelopes to carry a distinguishing number; provide for a fixed pre-poll period commencing no earlier than 12 days before polling day; enable the early opening and sorting of pre-poll ballot papers, and the early extraction of declaration votes; allow ‘spoilt’ or ‘discarded’ ballot papers to be bundled; increase the number of scrutineers permitted to observe the computerised scrutiny of Senate elections; and remove the requirement for the authorisation of printed electoral material to include details of the printer.

Surveillance Legislation Amendment (Identify and Disrupt) Bill 2021
Finally passed both Houses 25 Aug 2021 - Amends: The Surveillance Devices Act 2004 and Telecommunications (Interception and Access) Act 1979 to: Introduce data disruption warrants to enable the Australian Federal Police (AFP) and the Australian Criminal Intelligence Commission (ACIC) to disrupt data by modifying, adding, copying or deleting data in order to frustrate the commission of serious offences online; and make minor technical corrections; the Surveillance Devices Act 2004 to introduce network activity warrants to enable the AFP and ACIC to collect intelligence on serious criminal activity by permitting access to the devices and networks used to facilitate criminal activity; the Crimes Act 1914 to: Introduce account takeover warrants to enable the AFP and ACIC to take over a person's online account for the purposes of gathering evidence to further a criminal investigation; and make minor amendments to the controlled operations regime to ensure controlled operations can be conducted effectively in the online environment; and 10 Acts to make consequential amendments.

Regulations

Charter of the United Nations (UN Sanction Enforcement Law) Amendment Declaration 2021 (No. 1)
26/08/2021 - This instrument makes a consequential amendment to the Charter of the United Nations (UN Sanction Enforcement Law) Declaration 2008 to reflect the making of the Charter of the United Nations Legislation Amendment (2021 Measures No. 1) Regulations 2021.

Telecommunications (Prohibition of Mobile Phone Boosters) Declaration 2021
23/08/2021 - This instrument prohibits the operation or supply, or the possession for the purpose of operation or supply, of mobile phone boosters which are designed or intended to be used in connection with public mobile telecommunication services.

Charter of the United Nations Legislation Amendment (2021 Measures No. 1) Regulations 2021
23/08/2021 - This instrument amends multiple regulations to implement United Nations Security Council Resolutions that modify existing sanctions in relation to various sanctions regimes. 

Transport Security Legislation Amendment (Serious Crime) Regulations 2021
20/08/2021 - These regulations amend the Aviation Transport Security Regulations 2007 and the Maritime Transport and Offshore Facilities Security Regulations 2003 to introduce new criteria affecting eligibility for holding ASIC's & MSIC's to give effect to amendments made by the Transport Security Amendment (Serious Crime) Act 2021, makes other consequential amendments to the above and the AusCheck Regulations 2017 to support those amendments. 

High Court (2022 Sittings) Rules 2021
17/08/2021 - These Rules appoint the High Court days of sitting for 2022.

Australia’s Foreign Relations (State and Territory Arrangements) Amendment (Repeal) Rules 2021
16/08/2021 - This instrument amends the Australia’s Foreign Relations (State and Territory Arrangements) Rules 2020 to prescribe a self-repeal provision for the instrument after five years.

Broadcasting Services – Enforcement Guidelines of the ACMA 2021
16/08/2021 - These guidelines revoke and replace the Guidelines relating to the ACMA’s enforcement powers under the Broadcasting Services Act 1992.

Queensland

Subordinate legislation as made – 27 August 2021
No 122 Statutory Instruments (Exemptions from Expiry) Amendment Regulation 2021
No 127 Criminal Practice (Fees and Allowances) Regulation 2021
No 128 Witness Protection Regulation 2021

Subordinate legislation as made – 20 August 2021
No 115 Attorney-General Regulation 2021
No 116 Proclamation No. 2—Criminal Code (Consent and Mistake of Fact) and Other Legislation Amendment Act 2021 (commencing remaining provisions)
No 117 Land Court Regulation 2021
No 119 Public Records (Queensland Coal Mining Board of Inquiry) Amendment Regulation 2021
Public Health and Other Legislation (Further Extension of Expiring Provisions) Amendment Bill 2021
Introduced by: Hon Y D'Ath MP on 16/06/2021
Stage reached: 2nd reading to be moved on 6/08/2021
Bill and Exp Note

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.

Published by:

Joseph Sherman

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