In the media
Next week — government agencies and businesses
must notify you of serious data breaches
In one week, the Notifiable Data Breaches (NDB)
scheme comes into force. The scheme mandates that Australian
Government agencies and businesses with obligations under the
Privacy Act 1988 (Privacy Act) must
notify you if you are likely to be at risk of serious harm because
of a data breach (15 February 2018).
More...
Failure to include Closing the Gap justice targets means
Indigenous families remain at risk
President of The Law Society of NSW Doug Humphreys urged the NSW
and Federal Governments to take urgent action to Close the Gap by
setting justice targets to reduce shameful disproportion in
incarceration rates of Aboriginal and Torres Strait Islander adults
and children (12 February 2018). More...
HRLC: Human rights to be protected in Queensland
law
Queenslanders are one step closer to having their human rights
protected in law, following confirmation from the Attorney-General
Yvette D'Ath that the Queensland Government is moving ahead
with establishing a Human Rights Act (13 February 2018).
More...
Historic youth justice reforms commence
today
The Palaszczuk Government's historic youth justice reforms will
commence from today, with 17-year-olds coming in to the justice
system to be treated as juveniles (12 February 2018).
More...
In practice and courts
[Draft] report: review of the Code of Conduct for
Copyright Collecting Societies
The review found that the plethora of instruments regulating
collecting societies, licensees and members gave rise to confusion
as to the Code's role and recommended ways to increase
transparency. The review has proposed changes to standardise annual
reporting arrangements and to increase public awareness of Code
compliance. Submissions on the draft review must be made by 14
March. The Bureau's draft report can be accessed
here (16 February 2018).
Law Council consults on Review of Australian
Solicitors' Conduct Rules
The Law Council is undertaking a review of the Australian
Solicitors' Conduct Rules. This is the first comprehensive
review of the Rules since they were first promulgated in June 2011.
The Law Council's Professional Ethics Committee has developed a
Consultation Discussion Paper for the Review and invites
comments and submissions on the issues raised and discussed. The
closing date for submissions is 31 May 2018, which may be lodged here.
More...
CCC: Improper access to public sector databases: What
you should know
This CCC publication focuses on the potential corruption risks and
vulnerabilities within public sector agencies in relation to
improper access to agency databases (05 February 2018).
More...
Cases
'NZ' and Department of Infrastructure, Regional
Development and Cities (Freedom of Information) [2018] AICmr
21
Freedom of Information — Whether material in documents
irrelevant to the request — Whether reasonable steps taken to
locate documents — Whether disclosure would unreasonably
affect an organisation in respect of its lawful business affairs
— Freedom of Information Act 1982 (Cth) ss 22, 24A,
47G and 55D.
'NY' and Australian Building and Construction
Commission (Freedom of information) [2018] AICmr
19
Freedom of Information — Whether work involved in processing
the request would substantially and unreasonably divert the
resources of the agency from its other operations —
Freedom of Information Act 1982 (Cth) ss 24, 24AA,
24AB.
Justin Warren and Department of Human Services (No 2) (Freedom
of information) [2018] AICmr 17
Freedom of Information — Charges — Whether charge
should be imposed — Freedom of Information Act 1982
(Cth) ss 29, 55D.
'NX' and Australian Trade and Investment Commission (Freedom of information) [2018] AICmr 18 Freedom of Information — Whether work involved in processing the request would substantially and unreasonably divert the resources of the agency from its other operations — Freedom of Information Act 1982 (Cth) ss 24, 24AA, 24AB.
Justin Warren and Department of Human Services (Freedom of
information) [2018] AICmr 16
Charges — Requests for waiver of charge — Whether
charge should be imposed — Freedom of Information Act
1982 (Cth) ss 29, 55D.
Mitchell and Secretary, Department of Defence (Freedom of
information) [2018] AATA 158
FREEDOM OF INFORMATION – costs – discretion of Tribunal
to recommend payment of applicant's costs by Commonwealth
– whether applicant successful, or substantially successful,
in application for review – lack of information as to the
matters to which the Tribunal would have been required to have
regard had the discretion been enlivened – application
refused. Freedom of Information Act 1982 (Cth) s 66.
Australian
Building and Construction Commissioner v Construction, Forestry,
Mining and Energy Union (The Bay Street Case) [2018] FCA
83
INDUSTRIAL LAW – Fair Work Act 2009 (Cth)
(FW Act), ss 346(b), 347, 348 – where an
officer of an industrial association identified deficiencies in the
facilities for workers at a workplace;
STATUTORY INTERPRETATION – Acts Interpretation Act
1901 (Cth) s 15AB – the circumstances in which reference
may be made to extrinsic materials, including an explanatory
memorandum.
Herbohn v Isaac Regional Council [2018] QCAT
031
ADMINISTRATIVE LAW – ADMINISTRATIVE TRIBUNALS –
QUEENSLAND CIVIL AND ADMINISTRATIVE TRIBUNAL – declaration of
dangerous dogs.
Medical Board of Australia v Pearse (No. 2) [2018] QCAT
024
PROCEDURE – CIVIL PROCEEDINGS IN STATE AND TERRITORY COURTS
– COSTS – where professional misconduct not made out
– where implausibility of allegations against applicant only
evident upon full review of evidence by Tribunal – where
general principle that each party to a proceeding must bear their
own costs – where discretion to order costs pursuant to s102
Queensland Civil and Administrative Tribunal Act 2009
– whether interests of justice require a costs order be made
against the respondent.
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.
