In the media
Reappointment of the Hon Susan Ryan AO Disability
Discrimination Commissioner
The Government has reappointed the Hon Susan Ryan AO as the
Disability Discrimination Commissioner.
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Trade unions royal commission: Calls to press criminal
charges against former CFMEU Queensland president
Lawyers assisting the trade unions royal commission have
called for a recommendation of criminal charges against former
CFMEU Queensland president Dave Hanna and two former executives of
developer Mirvac over corrupt payments (13 November 2015).
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Justice Philip McMurdo has been promoted to
Queensland's Court of Appeal
Queensland Justice Philip McMurdo has been promoted to
Court of Appeal judge in the State Government's latest round of
judicial appointments (13 November 2015).
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Government business: Barbara Belcher review says
'too many musts'
The Belcher review recommends agencies impose the least
burdensome mechanisms for responding to requests and consider more
active publication of information, to decrease requests (11
November 2015).
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New taskforce to tackle child exploitation
material
A new Queensland Police Service (QPS) taskforce to crack
down on the online sharing of child exploitation material will be
set up following a Palaszczuk Government investment of $3.2 million
(10 November 2015).
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Palaszczuk Government stands up against alcohol-fuelled
violence
THE Palaszczuk Government is standing up to
alcohol-fuelled violence with a comprehensive package to address
the problem across Queensland (08 November 2015).
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National model law for domestic and family violence
orders
The Government welcomes the development of a model law
framework for domestic violence orders announced at the Law, Crime
and Community Safety Council (LCCSC) meeting in Canberra (05
November 2015).
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In practice and courts
OAIC: Guide to developing a data breach response
plan
The OAIC is seeking public comment on the draft Guide to
developing a data breach response plan. The closing date for
comments is 27 November 2015. Below are links to the draft guide
and the consultation information page (28 October 2015).
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CCC: Accessing electronically stored evidence of child
exploitation material offences
It is common for child exploitation material (CEM) to be
stored electronically, and offenders are becoming increasingly
skilled in the use of encryption and other security technologies to
conceal evidence of their involvement in these offences. This paper
examines how the legislative limitations of section 154 manifest in
the investigation of offences involving CEM (02 November 2015).
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QLD OAIC: To transfer, or not transfer
Given the significant number of government agencies in
Queensland, it is inevitable that your agency will eventually
receive an application for documents that you don't hold. If
another agency holds some or all of those documents, section 38 of
the Right to Information Act 2009 (RTI Act) lets you transfer all
or part of the application to the other agency (09 November
2015).
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Published – articles, papers, reports
Review of Whole-of-Government Internal Regulation
The Department of Finance; Barbara Belcher
The changes recommended focus on reducing excessive
regulation by streamlining security vetting processes,
removing duplication of reporting, improving accessibility of
information, clarifying guidance, introducing electronic tabling in
Parliament and improving annual reports (public release 05 November
2015). More...
Support frameworks for the use of social media by
emergency management organisations: Policy report
Digital Media Research Centre (QUT); Terry Flew et
al
This policy seeks to improve knowledge sharing across Australian
emergency management organisations about the effective uses of
social media for crisis ( 11 November 2015 ).
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Cases
Francis v Crime and Corruption Commission &
Anor [2015] QCA 218
JUDICIAL REVIEW – GROUNDS OF REVIEW –
UNREASONABLENESS – where the applicant seeks to appeal the
decision of the appeal tribunal of the Queensland Civil and
Administrative Tribunal ("QCAT") dismissing him from the
Queensland Police Service – where the appeal tribunal held
that no reasonable tribunal could have concluded that the sanction
of dismissal should be suspended – where the applicant
contends that the appeal tribunal misconstrued the QCAT
member's reasons – where the applicant contends that the
appeal tribunal failed to take into account the applicant's
conduct and post-suspension performance – whether the QCAT
member's decision was so unreasonable that it lacked an evident
and intelligible justification. POLICE – INTERNAL
ADMINISTRATION – DISCIPLINE AND DISMISSAL FOR MISCONDUCT
– QUEENSLAND – where the applicant was formerly a
member of the Queensland Police Service – where the applicant
had engaged in improper conduct on multiple occasions – where
the second respondent imposed the sanction of reduction in salary
for Matters 1 and 3 and suspension from the Police Service for 12
months with no entitlement to salary, entitlement or accumulation
of leave for Matter 2 – where the first respondent applied to
the Queensland Civil and Administrative Tribunal ("QCAT")
for a review of this decision – where a QCAT member confirmed
the sanction in relation to Matters 1 and 3, but set aside the
sanction imposed for Matter 2, and instead imposed a 12 month
suspension, reduction in rank and dismissal suspended for a period
of three years – where the first respondent appealed to the
QCAT appeal tribunal – where the appeal tribunal concluded
that as a matter of law, the QCAT member's decision was
unreasonable – where the appeal tribunal confirmed the
sanction in relation to Matters 1 and 3, but set aside the sanction
imposed for Matter 2 and instead imposed the sanction of dismissal
– whether the purposes of police discipline would be defeated
by a decision to allow the applicant to remain in the police force.
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O'Donnell v Deputy Commissioner Brett Pointing
& Anor [2015] QSC 314
ADMINISTRATIVE LAW – JUDICIAL REVIEW – GROUNDS
OF REVIEW – RELEVANT CONSIDERATIONS – where the
applicant is a senior constable with the Queensland Police Service
("QPS") – where the first respondent called upon
the applicant to retire from the QPS pursuant to s 8.3(3) of the
Police Service Administration Act 1990 (Qld) ("the
Act") – where s 8.3(3) of the Act allows a prescribed
authority to call on an officer to retire having regard to medical
opinions on the health or condition of the officer unless the
commissioner takes action pursuant to 8.3(5) of the Act by
appointing the officer to a position as a staff member in lieu of
retirement – where the applicant submits that the first
respondent failed to take into account a relevant consideration by
failing to consider whether the applicant could or should be
appointed to a staff position pursuant to s 8.3(5) of the Act in
lieu of being called upon to retire – whether the applicant
could or should have been appointed to a staff position pursuant to
s 8.3(5) of the Act is a relevant consideration which the first
respondent was bound to take into account in making the decision to
call upon the applicant to retire pursuant to s 8.3(3) of the Act
– whether, if the discretion in s 8.3(5) is a relevant
consideration, the first respondent failed to take it into account
in calling upon the applicant to retire. ADMINISTRATIVE LAW
– JUDICIAL REVIEW – GROUNDS OF REVIEW –
PROCEDURAL FAIRNESS – GENERALLY – where the applicant
is a senior constable with the Queensland Police Service
("QPS") – where the applicant developed
post-traumatic stress disorder – where the first respondent
suspected that the applicant was incapable of performing the duties
of an officer by reason of his mental illness and directed the
applicant to be medically examined by a psychiatrist pursuant to s
8.3(2) of the Police Service Administration Act 1990 (Qld)
("the Act") – where the first respondent relied on
the report of the psychiatrist to call on the applicant to retire
pursuant to s 8.3(3) of the Act without first providing the
applicant with a copy of the report – where the applicant
submits that the rules of procedural fairness required the first
respondent to disclose the psychiatrist's report and afford him
a reasonable opportunity to be heard before the decision was made
– whether the applicant was denied procedural fairness.
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Legislation
Queensland
Bills Updated
Counter-Terrorism and Other Legislation Amendment Bill
2015
Introduced by: Hon J-A Miller MP on 16/09/2015
PASSED with amendment on 11/11/2015. More...
This publication does not deal with every important topic or change in law and is not intended to be relied upon as a substitute for legal or other advice that may be relevant to the reader's specific circumstances. If you have found this publication of interest and would like to know more or wish to obtain legal advice relevant to your circumstances please contact one of the named individuals listed.
