In the media

My Health Record — in or out?
 The Office of the Australian Information Commissioner (OAIC) has published a series of new fact sheets for consumers considering opting out of the national online My Health Record system (19 July 2018). More...

Service Seeking penalised for breaches of the Spam Act
 Service Seeking Pty Ltd has paid a $50,400 infringement notice for sending SMS messages without consent, for failing to clearly identify who authorised them and for not including an unsubscribe statement (16 July 2018). More...

Commonwealth Ombudsman releases investigation report into the actions and decisions of DVA in relation to Mr A
 Commonwealth Ombudsman Michael Manthorpe has released a report on the investigation of the actions and decisions of the Department of Veterans' Affairs (DVA) in relation to a complaint made by a veteran with over 30 years of service to Australia, and the difficulties he faced in accessing his correct entitlements (16 July 2018). More...

CCC calls for improved transparency of Government board appointments after assessment of Energy Queensland process
 The Crime and Corruption Commission (CCC) has completed its assessment of the appointment process of Mark Algie to the board of Energy Queensland Limited (EQL) and has determined there is insufficient evidence to raise a reasonable suspicion that any person involved in the appointment engaged in corrupt conduct (13 July 2018). More...

QLS backs recommendations to overhaul youth justice system
 Queensland's peak legal body has thrown its support behind a report recommending an overhaul of the way Queensland deals with young offenders (13 July 2018). More...

Bob Atkinson report to guide new Youth Justice strategy
 Early intervention to stop young people going off the rails is the key to cutting youth crime, according to a new report on Queensland's Youth Justice system. Ms Farmer said the report would lay a foundation to build on significant Youth Justice reforms already carried out by the Palaszczuk Government and the investments made in breaking the cycle of youth offending (13 July 2018). More...

Move to combat Modern Slavery
 The Law Council has been supportive of the establishment of a Modern Slavery Act in Australia, particularly the inclusion of reporting requirements. The proposed Modern Slavery Bill contains provisions for supply chain reporting that encourages certain entities, with an annual consolidated revenue of more than $100 million, to report on modern slavery risks in their supply chains (12 July 2018). More...

Ombudsman seeks public assistance with Whitehead investigation
 The Victorian Ombudsman has begun an investigation into several matters involving the Victorian Railways, its successor organisations and associated rail entities, and convicted child sex offender, Robert Whitehead. The case was referred to the Ombudsman by the Department of Economic Development, Jobs, Transport and Resources (12 July 2018). More...

QLS: Property law reform makes solicitors tax collectors
 Recently, the Federal Government's Treasury Laws Amendment (2018 Measures No.1) Act 2018 came into effect, with Queensland Law Society president Ken Taylor remarking that solicitors would effectively become tax collectors (10 July 2018). More...

AHRC: Submissions to the National Inquiry into sexual harassment in Australian workplaces open today
 The National Inquiry, led by the Australian Sex Discrimination Commissioner Kate Jenkins, is seeking submissions from individuals and organisations across the country about their experiences relating to workplace sexual harassment." (09 July 2018). More...

In practice and courts

Law Council of Australia: Email scam alert
 The Law Council has become aware of an email scam purporting to be from the Law Council and is reminding people to be vigilant about online and email security (16 July 2018). More...

Queensland

Queensland Law Reform Commission report on termination of pregnancy laws – tabled in Parliament
 16 July 2018 - The Queensland Law Reform Commission's Report No 76, Review of termination of pregnancy laws (2018) was tabled in Parliament on 16 July 2018 by the Attorney-General and Minister for Justice, Leader of the House, the Honourable Yvette D'Ath MP. More...

CCC Prosecutions
 Clayfield woman charged with additional fraud offences -13 July 2018
Sydney woman charged with Misconduct in Public Office - 13 July 2018

CCC Strategic Plan 2018–2022
 The following is an outline of the CCC strategic plan and highlights the CCC objectives, strategies and performance indicators (updated 13 July 2018). More...

Queensland Sentencing Advisory Council
 Child homicide in Queensland: A descriptive analysis of offences finalised by Queensland criminal courts has been published as part of our review into the sentencing of child homicide offences (13 July 2018).

OIC Queensland: Updated privacy guidance on surveys
 The OIC have updated our guideline on online surveys to include advice on the privacy considerations of designing a survey and distributing a survey (19 July 2018). More...

QAO Consultation: 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...

Published – articles, papers, reports

The Implementation and Performance of the Cashless Debit Card Trial
 ANAO: 17 July 2018
 The objective of the audit was to assess the Department of Social Services' implementation and evaluation of the Cashless Debit Card trial. More...

What are the taxpayer savings from cancelling the visas of organised crime offenders?
 Anthony Morgan, Rick Brown, Georgina Fuller; Australian Institute of Criminology: 18 July 2018
 The focus of this study is the direct cost of offences committed by organised crime offenders, and the cost of prison sentences associated with these offences. More...

Australian Broadcasting Corporation Amendment (Fair and Balanced) Bill 2017
 Don Arthur; Parliamentary Library (Australia): 11 July 2018
 This Bill would amend the Act to insert the words 'fair' and 'balanced' into paragraph 8(1)(c). The amended Act would require the Board 'to ensure that the gathering and presentation by the Corporation of news and information is fair, balanced, accurate and impartial according to the recognized standards of objective journalism.' More...

Ministerial and Other Office Holder Staff and Other Legislation Amendment Bill 2018 Queensland
 Introduced by Economics and Governance Committee: 5 July 2018
 This report presents a summary of the Economics and Governance Committee's examination of the Ministerial and Other Office Holder Staff and Other Legislation Amendment Bill 2018. The committee's task was to consider the policy outcomes to be achieved by the legislation, as well as the application of fundamental legislative principles, that is, to consider whether the Bill had sufficient regard to the rights and liberties of individuals, and to the institution of Parliament. More...

When courts get it wrong: Judicial errors and common law unenforcement
 Olowofoyeku A, (2018) 134 The Law Quarterly Review 450
 "If it can be conclusively shown that the state was not entitled to punish a person, it seems to me that he should be entitled to compensation for having been punished." The consequences of judicial error can be grave, potentially extending to wrongful loss of fortune, liberty, reputation or (in some jurisdictions) life. Such consequences are not always reversible.

Cases

'PF' and Department of Human Services (Freedom of information) [2018] AICmr 59
Freedom of Information — Whether material in documents irrelevant to the request — Whether reasonable steps taken to locate documents — Whether disclosure of personal information unreasonable— Whether access is to be given to a qualified person — (CTH) Freedom of Information Act 1982 ss.22, 24A, 47F(1), 47F(5) and 55D(1).

'PE' and Australian Taxation Office (Freedom of information) [2018] AICmr 58
Freedom of Information — Whether work involved in processing the request would substantially and unreasonably divert the resources of the agency from its other operations — (CTH) Freedom of Information Act 1982 ss.24, 24AA, 24AB.

Christie v Australian Communications and Media Authority [2018] FCCA 1796
 ADMINISTRATIVE LAW – Radio communications licence transferred to applicant and co-licensee – dispute between co-licensees – respondent authority required to approve form on which application for transfer of licence is made – applicant did not sign, consent to or know of application or transfer – applicant seeks to renew licence and is informed of transfer – applicant objected to transfer – respondent authority gave reasons – licence re-transferred – applicant objected – respondent authority gave reasons for second transfer – applicant issues proceeding seeking judicial review of decision relating to second transfer of licence – application for extension of time in which to seek judicial review of decision relating to first transfer of licence.
STATUTORY INTERPRETATION – Licensee defined by applicable legislation to mean the person specified in the license – applicant and co-licensee specified in licence – only co-licensee signed transfer – respondent authorised to transfer licence where application for transfer signed by a licensee – whether signature of both co-licensees required for valid application – whether singular includes plural – whether application for transfer signed only by co-licensee was valid – extension of time granted.
Mr Christie's fundamental complaint is that the transfer of the Licence was affected by Mr Loughnan without his knowledge or consent.

Director of Public Prosecutions (NSW) v Kmetyk [2018] NSWCA 156
COURTS – orders – reconciliation of differences between forms of orders entered on JusticeLink and pronounced in court and recorded in document placed on file signed by judge JUDICIAL REVIEW – jurisdictional error by District Court – appeal against sentence imposed by Local Court – whether District Court decision quashing conviction, re-convicting and imposing new sentence vitiated by jurisdictional error TRAFFIC LAW – statutory disqualification upon conviction for driving while disqualified.

Legislation

Commonwealth

Interactive Gambling Amendment (Lottery Betting) Bill 2018
 Amends the Interactive Gambling Act 2001 to prohibit betting on the outcome, or a contingency that may or may not happen in the course of the conduct, of Australian and overseas lottery draws (including a keno draw).Assent Act no: 73 Year: 2018 09 July 2018.

Queensland

Subordinate legislation as made – 20 July 2018
 No 103: Proclamation—Local Government (Councillor Complaints) and Other Legislation Amendment Act 2018 (commencing certain provisions)

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.