In the media

QLS: Funding for justice much needed in State Budget
Queensland's State Government will hand down the first budget since the last election on Wednesday 12 June, with Queensland Law Society holding hopes for more justice system funding (31 May 2018). More...

New faces for Sentencing Advisory Council: Queensland
Attorney-General and Minister for Justice Yvette D'Ath has announced the appointment of five new members of the Queensland Sentencing Advisory Council (01 June 2018). More...

Two new magistrates for regional Queensland
The Attorney-General and Minister for Justice Yvette D'Ath has announced two new magistrates for regional Queensland (31 May 2018). More...

Magistrates' Court makes staff wellbeing a priority
Changes are being made to the times that magistrates hear matters at the Magistrates' Court of Victoria. This is in recognition of the fact that over time magistrates and judicial registrars have been sitting in court for longer periods due to an increasing number of proceedings (08 June 2018). More...

Attorney-General focuses on next key national security legislation
Following the release of the report of the Joint Parliamentary Committee on Intelligence and Security, Attorney-General, Christian Porter said he was now focused on securing the passage of the Foreign Influence Transparency Scheme Bill (08 June 2018). More...

Turnbull Government encourages child sex abuse survivors to contribute to National Apology
The Turnbull Government is encouraging people who suffered or were affected by institutional child sexual abuse, and their supporters, to contribute to the development of the National Apology (07 June 2018). More...

ACMA rules kick in on telco complaints
Telco consumers can expect a better complaints-handling experience under a new industry standard and record-keeping rules announced by the Australian Communications and Media Authority. This is the first tranche of new rules announced by the ACMA in December 2017 to improve consumers' experience in migrating to the National Broadband Network (NBN) (07 June 2018). More...

New laws to target incitement of violence
Individuals who incite or threaten violence against people based on their race, religion or sexuality will risk a three-year jail sentence under new laws to be introduced into NSW Parliament, Attorney General Mark Speakman has announced (05 June 2018). More...

Supreme Court upholds Alcohol Protection Orders
The Northern Territory Supreme Court has held that the now repealed Alcohol Protection Order (APO) regime was valid and not in breach of the Commonwealth Racial Discrimination Act (05 June 2018). More...

LCA: Closing the Gap Refresh Discussion Paper
The Law Council provided a submission to the Council of Australian Government's Closing the Gap Refresh Discussion Paper on 4 May 2018. The Law Council's submission emphasised the importance of ensuring that Aboriginal and Torres Strait Islander communities are central to the design and leadership of the Close the Gap strategy, and that future directions must allow for self-determination and community-led change (04 June 2018). More...

New Funding Grants For Legal Assistance Services
The Andrews Labor Government has announced $2 million to support community legal centres across the state to help disadvantaged Victorians (01 June 2018). More...

New Funding for Bendigo's Health Justice Partnership
The Andrews Labor Government has announced $200,000 of funding to ensure the Bendigo Health Justice Partnership can continue to help vulnerable Victorians until 2020 (31 May 2018). More...

Abortion clinic safe access zones: High Court test case
Laws that protect the dignity, safety and privacy of women seeking reproductive healthcare should be upheld, the Human Rights Law Centre has argued in a submission to the High Court (25 May 2018). More...

In practice and courts

Open Government Forum Meeting - 14 June 2018
National Action Plan 2 - 2018 – 2020 - The Open Government Forum will meet on Thursday, 14 June 2018 in Sydney to discuss a number of matters, including refining the draft commitments for Australia's next Open Government National Action Plan. An agenda and papers for the meeting are available here (08 June 2018). More...

OAIC statement: Clarification to the OAIC's 2016–17 Digital Health Annual Report web page
The Office of the Australian Information Commissioner has amended the web version of its 'Annual report of the Australian Information Commissioner's activities in relation to digital health 2016–17' to address a formatting error in relation to several footnote references, which occurred during the HTML conversion of the tabled report. The PDF version of the tabled report published at the time did not contain the error (07 June 2018). More...

OAIC statement: Statement on PageUp People Limited
The Office of the Australian Information Commissioner is aware of an incident involving PageUp People Limited, a provider of human resources services for a number of Australian entities. PageUp has issued a statement on its website. The OAIC has published a number of resources for those affected by a data breach and action they can take (06 June 2018). More...

Acting Australian Information Commissioner and acting Privacy Commissioner approves variations to the Privacy (Credit Reporting) Code 2014
On 29 May 2018, the acting Australian Information Commissioner and acting Privacy Commissioner approved a variation of the registered Privacy (Credit Reporting) Code 2014 Version 1.2 (CR Code Version 1.2). The variations are proposed to commence on 1 July 2018. A new version of the Privacy (Credit Reporting) Code will be included on the OAIC's Codes Register (30 May 2018). More...

OAIC: Information Publication Scheme — 2018 Survey of Australian Government agencies
The 2018 Information Publication Scheme (IPS) Survey of Australian Government agencies that are subject to the Freedom of Information Act 1982 (Cth) has commenced. If you have any questions or require further information about the IPS Survey, contact Mabel Dela Cruz of ORIMA Research here. More...

JCA warns of judges in the crossfire of court restructuring
The Judicial Conference of Australia has issued a statement expressing concern that judges might be "in the crossfire of debate" over proposed restructure of the Family Court and the Federal Circuit Court. Similar concerns have been expressed by the presidents of the West Australian, Queensland and New South Wales Bar Associations (04 June 2018).

Human Rights Law Centre Submissions
 Submission: The dangers of unregulated biometrics use (30 May 2018).
The Human Rights Law Centre told a Parliamentary Committee that the federal government's proposed new powers to undertake facial recognition identification and surveillance are dangerously overbroad, and could dramatically alter the freedom of ordinary people going about their daily lives.

High Court Bulletin
 High Court of Australia Bulletin [2018] HCAB 04 (29 May 2018).

ALRC Discussion Paper: Class Action Proceedings and Third-Party Litigation Funders (DP 85)
The ALRC invites submissions in response to the proposals, questions and analysis in the Discussion Paper, which is available on the ALRC website. Submissions are due to the ALRC by 30 July 2018.

Law Council of Australia Submissions
 Intellectual Property Laws Amendment (Productivity Commission Response Part 1 and Other Measures) Bill 2018 (Provisions) (1 June 2018).

Recent media coverage concerning the AAT
The Administrative Appeals Tribunal (AAT) issues further corrections to address inaccurate media reporting. In neither case before the tribunals was criminal conduct or character a basis upon which the visa was refused by the then Department of Immigration (the Department) (1 June 2018). More...

Reminder: Mandatory data reporting update
A number of certifying authorities are already reporting data, and each of the three reporting options (API, SFTP and mobile app) are available and in use. Councils and certifiers should be preparing for the 1 July 2018 mandatory reporting date. The Board will have an education focus for the first six months after this date.
API and SFTP specifications: BPB's website will always have the latest version
April 2018 roadshow presentation
Certification data reporting and FAQs

Copyright modernisation consultation
 Copyright modernisation consultation paper – submissions due by 4 July 2018.

Federal Circuit Court case management pilot
A case management pilot commenced in the Brisbane Registry of the Federal Circuit Court on 4 June 2018, which will run for approximately seven months. During the pilot, the current docket system will be replaced with a system under which three duty judges will have carriage of a matter from the first return date until trial. The remaining judges will hear trials only. More...

OAIC Key dates
 Australian Government Agencies Privacy Code
Commences 1 July 2018.

Queensland

Recent changes to legislation – implementation of Stage 1 of the Operation Belcarra report recommendations and automatic suspension of Councillors
The purpose of this bulletin is to inform Local Governments of legislative amendments to provide for the automatic suspension of Councillors charged with a disqualifying offence and provide for additional powers of State intervention if it is in the public interest (28 May 2018). More... More...

CCC Prosecutions
 Taskforce Flaxton hearing adjourned (30 May 2018)
The CCC has adjourned the Taskforce Flaxton public hearing. It is expected to recommence in August 2018.

Brassall man charged with breach of bail (29 May 2018)
A 47-year-old man from Brassall was arrested and charged this evening with a breach of bail offence by the Crime and Corruption Commission (CCC).

CCC Publications
 The potential cost of failing to perform duties as a police officer: What you should know
This document seeks to make police more aware of their duties as police officers and the serious consequences they may face if they ignore their obligations to the service and to the public.

QAO: Delivery of shared services in Queensland
The objective of this audit is to assess whether the Queensland Government's shared service functions are delivering value for money now, and are well positioned to successfully deliver into the future. More...

Queensland Sentencing Advisory Council: Call for submissions — Sentencing for child homicide offences
The Queensland Sentencing Advisory Council is seeking your views on sentencing for child homicide offences.
Community input into the review is important to ensure the views of Queenslanders can be taken into account by the Council in its advice to the Attorney-General. The Submissions deadline is 31 July 2018.
See the Summary paper and Consultation paper or click here to make a submission.

Published – articles, papers, reports

Protection orders for domestic violence: a systematic review
Christopher Dowling et al; Australian Institute of Criminology: 07 June 2018.
This study systematically reviews research into the use and impact of protection orders, using the EMMIE framework (Effectiveness, Mechanisms, Moderators, Implementation and Economy). More...

Political influence of donations
Senate Select Committee into the Political Influence of Donations; Parliament of Australia: 06 June 2018.
This inquiry focused upon the level of influence that political donations exert over the public policy decisions of political parties, Members of Parliament and government administration. More...

Exposure Draft—Copyright Amendment (Service Providers) Regulations 2018: consultation paper
Department of Communications and the Arts (Australia): 05 June 2018.
This consultation paper sets out some specific matters in relation to which stakeholder views are sought. However submissions are welcomed on any aspect of the Exposure Draft, and more generally, on whether the Exposure Draft is fit for purpose. More...

Disability support services: services provided under the National Disability Agreement 2016–17
Australian Institute of Health and Welfare: 01 June 2018.
While the National Disability Insurance Scheme (NDIS) is expected to largely replace the current provision of services to people with disability under the National Disability Agreement (NDA), many people were still receiving support under the NDA in 2016–17. More...

Organised crime research in Australia 2018
Russell G. Smith; Australian Institute of Criminology: 01 June 2018.
This collection of papers, presented at the second national Organised Crime Research Forum, draws on the insights and experiences of organised crime researchers to contribute to the evidence base needed to adapt and develop ever more effective responses to the threat of organised crime. More...

Inquiry into class action proceedings and third-party litigation funders: discussion paper
Australian Law Reform Commission: 31 May 2018.
The ALRC invites submissions in response to the proposals, commentary, analysis and questions in this discussion paper, which examines the increased prevalence of class action proceedings; the importance that costs in these matters are appropriate and proportionate; and the need to protect the interest of plaintiffs and class members. More...

Serious Offenders Bill 2018
Alice Petrie; Parliamentary Library and Information Service (Vic): 30 May 2018.
The Serious Offenders Bill 2018 was introduced to the Victorian Legislative Assembly on 8 May 2018. It seeks to establish a civil, protective scheme under which offenders who have served custodial sentences for certain serious sexual and/or violent offences, and who present an unacceptable risk of harm to the community, can be made subject to ongoing detention or supervision. More...

A Sentencing Guidelines Council for Victoria: report
Paul McGorrery, Helen Rechter, Donald Ritchie; Sentencing Advisory Council (Vic): 25 May 2018.
The Victorian government plans on introducing legislation in 2018 to establish a Sentencing Guidelines Council. This report makes a number of recommendations in relation to key features of the council, as well as the sentencing guidelines it would create. More...

Identity crime and misuse in Australia: results of the 2016 online survey
Russell G. Smith, Penny Jorna; Australian Institute of Criminology: 24 May 2018.
This report presents the results of the latest identity crime and misuse survey, undertaken by the AIC in May 2016. It updates information obtained in earlier surveys, undertaken in 2013 and 2014, and provides an indication of how the identity crime and misuse of personal information environment has changed in Australia since 2013. More...

Good practice guide to dealing with challenging behaviour: report and guide
Victorian Ombudsman: 23 May 2018.
This report introduces the Victorian Ombudsman's new guide for public sector complaints handlers to use when dealing with challenging behaviour. More...

'Sentencing advocacy: all your questions answered
Justice James D Henry, Judge Leanne Clare SC, and Judge Gregory Lynham,
This paper was presented to the 2018 NQLA Conference in Cairns on 26 May 2018. More...

Cases

Malu Lamar (Torres Strait Islander) Corporation RNTBC v Findlay (as delegate of the Protected Zone Joint Authority) [2018] FCA 801
ADMINISTRATIVE LAW – application for an order suspending the operation of a decision pending the hearing and determination of the proceeding – where the applicant was incorporated for the purpose of holding certain native title rights and interests – where the respondent decided to impose a total ban on the use of hookah gear in the Torres Strait Tropical Rock Lobster Fishery for the remainder of the season – where the applicant commenced a proceeding challenging the decision under the Administrative Decisions (Judicial Review) Act 1977 (Cth) – where the applicant contended that, in making the decision, the respondent failed to comply with the procedural requirements set out in s 24HA(7) of the Native Title Act 1993 (Cth), alternatively that the respondent breached the rules of natural justice – whether there was a serious question to be tried – whether the balance of convenience favoured the making of an order suspending the operation of the decision – application dismissed.

Nyoni v Murphy [2018] FCAFC 75
PRACTICE AND PROCEDURE - appeal - whether exercise of power by Registrar of the Federal Court of Australia to refuse documents for filing an administrative decision - whether decision reviewable under s 35A(5) of the Federal Court Act 1976 (Cth) - consideration of exercise of administrative and judicial decisions by a Registrar - whether primary judge conducted a review of the decision under s 5 of the Administrative Decisions (Judicial Review Act) 1977 (Cth).

Denhollander and Secretary, Department of Defence (Freedom of information) [2018] AATA 1345
FREEDOM OF INFORMATION – On current application to what extent could Tribunal inform itself about relevant findings of fact in previous 2002 decision – Applicant seeking to rely upon further information – Applicant seeking to reopen proceedings before AAT for rehearing of his application – Application to amend the same AF Med 1 form, the subject of previous applications – Open to Tribunal to regard previous decision as determinative of an issue and decide that an issue should not be reopened – Tribunal has discretion in those circumstances to take such a course – Requirements of procedural fairness – Opportunity to re-agitate findings of fact – Decision affirmed. Freedom of Information Act 1982, Pt 5, ss 48, 50, 58AA.

Elstone Pty Limited and Civil Aviation Safety Authority (Freedom of information) [2018] AICmr 52
Freedom of Information — Whether disclosure would have a substantial adverse effect on the proper and efficient conduct of the operations of an agency — Whether disclosure is contrary to the public interest — (CTH) Freedom of Information Act 1982 ss 11A and 47E(d).

'PC' and Australian Taxation Office (Freedom of information) [2018] AICmr 53
Freedom of Information — Whether disclosure would have a substantial adverse effect on the management or assessment of personnel — Whether contrary to public interest to release conditionally exempt documents — (CTH) Freedom of Information Act 1982 ss 11A(5) and 47E(c).

The Australian and National Native Title Tribunal (Freedom of information) [2018] AICmr 54
Freedom of Information — Whether disclosure would have a substantial adverse effect on the management or assessment of personnel — Whether contrary to public interest to release conditionally exempt documents — (CTH) Freedom of Information Act 1982 ss 11A(5) and 47E(c).

Pidgeon v Millar t/as Classic Crete [2018] QCAT 155
ADMINISTRATIVE LAW – ADMINISTRATIVE TRIBUNALS – QUEENSLAND CIVIL AND ADMINISTRATIVE TRIBUNAL – domestic building dispute – where the respondents were unlicensed – where the works were partly paid by the applicant but not performed – whether the first respondent was liable – holding out.

New Acland Coal Pty Ltd v Smith (No 2) [2018] QSC 119
ADMINISTRATIVE LAW – JUDICIAL REVIEW – POWERS OF COURTS UNDER JUDICIAL REVIEW LEGISLATION – GENERALLY – where the recommendation decisions of the Land Court under s 269 of the Mineral Resources Act 1989 and s 191 of the Environmental Protection Act 1994 are set aside and the matters to which the decisions relate are to be referred back to the Land Court of Queensland for further consideration – where there was criticism of the conduct of part of the hearing by the Land Court member, although not such as to find the ground of apprehended bias established, and also criticism of parts of the reasons given for the recommendation decisions by the Land Court member – where there was also subsequent conduct on the part of the Land Court member which might reasonably lead a fair-minded lay observer to apprehend that he might not bring an impartial or objective mind to further consideration of the matters – whether it is appropriate, in the interests of justice, to direct under s 30(1)(b) of the Judicial Review Act 1991 that the matters be further considered by a different member of the Land Court.
ADMINISTRATIVE LAW – JUDICIAL REVIEW – POWERS OF COURTS UNDER JUDICIAL REVIEW LEGISLATION – OTHER ORDERS – consideration of the power of the Court to make directions and orders under s 30(1)(b) and s 30(1)(d) of the Judicial Review Act 1991, to narrow the scope of the Land Court's further consideration of the matters the subject of the recommendation decisions to avoid unnecessary re-litigation or re-examination of issues – whether it is appropriate to exercise the power to make such orders in the circumstances of this case.
ADMINISTRATIVE LAW – JUDICIAL REVIEW – PROCEDURE AND EVIDENCE – COSTS – where the applicant was successful in obtaining an order that the Land Court's recommendation decisions be set aside, but was not successful on a number of its grounds of review, and was successful on a ground which assumed a different emphasis on the review proceeding to that which it had during the original Land Court proceeding – whether costs should follow the event, or the parties ought to bear their own costs.

Legislation

Treasury Laws Amendment (ASIC Governance) Act 2018
Act No. 42 of 2018 as made – Date of assent 22 May 2018 - An Act to provide for an additional Deputy Chairperson of ASIC.

Social Services Legislation Amendment (Cashless Debit Card Trial Expansion) Bill 2018
This Schedule expands on the three locations in which the cashless welfare arrangements are currently being, or will be, conducted by rolling out the cashless debit card in the Bundaberg and Hervey Bay area in Queensland, to run until 30 June 2020. The Schedule also sets out the class of trial participants for the new area and increases the total number of trial participants to 15,000 (Introduced HR 30 May 2018).

National Redress Scheme for Institutional Child Sexual Abuse Bill 2018
Introduced with the National Redress Scheme for Institutional Child Sexual Abuse (Consequential Amendments) Bill 2018, the bill implements the joint response of the Commonwealth Government, the government of each participating state and territory, and each participating non-government institution to recommendations of the Royal Commission into Institutional Responses to Child Sexual Abuse's Redress and Civil Litigation Report by: establishing the National Redress Scheme for Institutional Child Sexual Abuse to operate for a 10-year period from 1 July 2018; providing a payment of up to $150 000 to survivors; providing access to counselling and psychological services to survivors; and providing an option for survivors to receive a direct personal response from the responsible institution (HR Third reading 29 May 2018).

National Redress Scheme for Institutional Child Sexual Abuse (Consequential Amendments) Bill 2018
Introduced with the National Redress Scheme for Institutional Child Sexual Abuse Bill 2018, the bill amends the Administrative Decisions (Judicial Review) Act 1997 to exempt decisions made under the national redress scheme from judicial review; Freedom of Information Act 1982 to exempt protected information from disclosure under the Act; Social Security (Administration) Act 1999 to enable the use and disclosure of protected information if it is done for the purposes of the national redress scheme; and Age Discrimination Act 2004 to enable the exclusion of children applying to the national redress scheme if they will not turn 18 during the life of the scheme (HR Third reading 29 May 2018).

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.