In the media
Union sets out social media rules
The Community and Public Sector Union
(CPSU) has issued advice for its members on the
use of social media by officers of the Australian Public Service
(APS). The union says that like other citizens,
APS employees have a right to participate in political affairs,
including online (26 April 2019).
More...
'Results would be catastrophic': judge keeps man
who threatened to bomb PM behind bars
A man who said he would bomb prime minister Malcolm
Turnbull has become the first person in NSW to be kept behind bars
under new terrorism legislation, after a court found he poses an
"unacceptable risk" to the community (24 April 2019).
More...
It is now law – landholders to be reimbursed
during negotiations
Queensland landholders can be reimbursed for out of pocket
expenses incurred in negotiating conduct and compensation
agreements with a resource company regardless of whether or not an
agreement is reached (19 April 2019).
More...
Queensland's property developer donation ban is
valid
The High Court has ruled Queensland laws banning property
developers from donating to political parties and candidates are
valid. The Palaszczuk Labor government passed laws last year,
backdated until before the 2017 Queensland election, banning
property developers from donating money to state and local
government politicians, candidates and parties (17 April 2019).
More...
In practice and courts
ACCC consumer data right
The Australian Competition and Consumer Commission
(ACCC) is seeking
public feedback on the draft rules for the Consumer Data Right
(CDR). The CDR will allow consumers to easily
access their banking data and have it transferred to their trusted
service providers. ACCC is seeking feedback on the approach and
positions of the draft rules, including privacy aspects. Please
provide your feedback before COB 6 May 2019
Review of the mandatory data retention regime
The Parliamentary Joint Committee on Intelligence and
Security is reviewing the mandatory data retention regime
prescribed by Part 5-1A of the Telecommunications (Interception
and Access) Act 1979 (TIA Act).Section 187N
of the TIA Act provides for the review and requires the committee
to report by 13 April 2020. Access the
terms of reference and the
inquiry page for further information. Please provide your
feedback before COB 31 May 2019
Current consultations
Review of the
Telecommunication and Other Legislation Amendment (Assistance
and Access) Act 2018, Parliamentary Joint Committee on
Intelligence and Security. This review is in addition to two
separate statutory reviews, amendments to include a review due to
commence by April 2019
Law Council of Australia: Fortnightly update
The LCA have published their fortnightly newsletter (12
April 2019). A full copy is available
here.
Law Council of Australia: Submissions
17 April 2019—Law Council
Review of the Australian Human Rights Commission Regulations 1989
and the Disability Discrimination Regulations 19
Current senate inquiries
Parliamentary scrutiny of delegated legislation
On 3 April 2019, the Senate granted an extension of time
for reporting until 3 June 2019.
More...
Review of model defamation provisions: Discussion
paper
The purpose of defamation law is to balance protection
from reputational damage with freedom of speech, and the release of
information that's considered public interest. Each state and
territory enacted legislation to implement the provisions to ensure
greater national consistency. The Review of
Model Defamation Provisions Discussion Paper includes specific
questions about the Model Defamation Provisions for your
consideration; however, you are invited to comment on any other
matters related to the provisions. Submissions closed on 30 April
2019. The Model Defamation Provisions are available on the
Australasian Parliamentary Counsel's Committee website here.
AAT bulletins 2019
The AAT Bulletin is a weekly publication containing a list
of recent AAT decisions and information relating to appeals against
AAT decisions
Issue No. 16/2019, 23 April 2019
Issue No. 15/2019,15 April 2019
2019 COAT national conference
The 2019 Council of Australasian Tribunals
(COAT) National Conference will be held 6 –
7 June in Melbourne. More...
Queensland
Queensland courts: Uniform Civil Procedure Rules 1999 -
New forms
The following new forms have been approved on 24 April
2019. More...
Department of the Premier and Cabinet:
Consultations
Annual report 2017–18 feedback survey
Open until 28 June 2019 - Help us produce useful, high quality
annual reports. Take a minute to respond to this survey and share
your thoughts and suggestions.
More...
OIC Queensland: Privacy authorities Australia support
complaint and enforcement cooperation
Privacy Authorities Australia (PAA) was
established in 2008 to be a forum for the sharing of ideas,
developments, resources and knowledge to improve the collective
information privacy capability of Privacy Authorities across
Australia. Following the success of the Policy Group, PAA has
commenced a new initiative directed at improving cooperation in
respect of their complaint handling and enforcement work (16 April
2019).
More...
OIC Queensland cases
15/04/2019 -
7CMR4B and Queensland Police Service [2019] QICmr 13 (15 April
2019)
QAO: Managing electronic and digital evidence
The rapid and ongoing increase in the use of electronic
and digital technology to commit and detect crime has led to a
growing reliance on electronic and digital evidence in criminal
investigations and prosecutions. This rapid growth and the
increasing sophistication of technology presents significant
opportunities and challenges for the criminal justice system. Legal
Affairs and Community Safety Committee; Audit status Planned
Anticipated tabling: to be advised.
More...
QAO: Diverting young offenders from crime
This audit will examine the effectiveness of youth justice
diversion and rehabilitation initiatives in helping young people
better connect with the community and reduce the risk of them
reoffending. Audit status Planned.
More...
Queensland Sentencing Advisory Council: Intermediate
sentencing options and parole
The due date for the final report has been extended by
three months, by letter from the Attorney-General and Minister for
Justice, and Leader of the House, to 31 July 2019. Read the
Terms of Reference
Victim assist Queensland reminder: guidelines for
financial assistance
Victim Assist Queensland provides financial assistance to
victims of violent crimes that were committed in Queensland. The
Director-General has issued Guideline 9 – Granting financial
assistance for legal expenses, which takes effect from 21 April
2019.
More...
CCC: Current prosecutions
No corrupt conduct identified in Black Swan Lake or Waterglow
Development decisions - 18 April 2019
The CCC has determined it is in the public interest to advise it
has not identified any corrupt conduct relating to the Gold Coast
City Council's (GCCC) decision to lease
council-owned land at Bundall known as Black Swan Lake to the Gold
Coast Turf Club and the decision to approve a development on the
site.
Cases
State of Queensland (Department of Agriculture and
Fisheries) v Humane Society International (Australia)
Inc [2019] FCA 534
ADMINISTRATIVE LAW – application for an interim stay
of a decision of the Administrative Appeals Tribunal – where
Tribunal imposed conditions on licence issued to the applicant
– Administrative Appeals Tribunal Act 1975 (Cth) s
44A – relevant considerations – whether stay is
necessary for securing the effectiveness of the hearing and
determination of the statutory appeal – whether the applicant
has an arguable case – whether "special
circumstances" need to be demonstrated – balance of
convenience – where Tribunal decision will impose substantial
compliance costs – risk of environmental harm if stay not
granted
Administrative Appeals Tribunal Act 1975 (Cth) ss 43, 44,
44A
Acreman v Deputy Commissioner Brett Pointing
[2019] QCAT 95
ADMINISTRATIVE LAW – ADMINISTRATIVE TRIBUNALS
– POLICE – DISCIPLINE AND DISMISSAL FOR MISCONDUCT
– QUEENSLAND – where the applicant police officer was
involved in an off-duty incident – where two allegations
presented concerning accessing official and confidential
information contained within the Queensland Police Service computer
system – where sanction imposed – where police officer
demoted in rank and pay point – where application to review
the finding of misconduct and the sanction imposed – where
the allegations of misconduct were found to be substantiated by the
Tribunal on review – whether sanction imposed is the correct
preferable decision
Beckett v Tax Practitioners Board
[2019] FCA 353
ADMINISTRATIVE LAW – appeal on a question of law
from a decision of the Administrative Appeals Tribunal
(AAT) – where the AAT affirmed a decision by
the Tax Practitioners Board to terminate the applicant's
registration as a tax agent – whether the AAT complied with
the rules of procedural fairness in making and relying on findings
of professional misconduct in relation to behaviour that was not
raised in the Tax Practitioners Board's decision without
putting the applicant on notice that the AAT was considering making
those findings – whether the AAT made findings that the
applicant failed to meet her notification obligations under s 30-35
of the Tax Agent Services Act 2009 (Cth) – whether
the AAT failed to have regard to the applicant's
self-incrimination privilege in consideration of the nature and
extent of her disclosures to the Tax Practitioners Board –
where the AAT rejected unchallenged evidence from the
applicant's referees on the basis that the references provided
by customers represented a small proportion of the applicant's
overall client base – whether it was legally unreasonable to
reject the unchallenged evidence of the applicant's referees on
that basis – appeal allowed
OPENetworks Pty Ltd v Myport Pty Ltd
[2019] FCA 486
PRACTICE AND PROCEDURE – Where telecommunications
carrier seeks temporary stay of Court proceedings for declaratory
and injunctive relief pending outcome of objections referred to
Telecommunications Industry Ombudsman – Whether appropriate
to stay Court proceedings pending outcome of proceedings before an
administrative body – Where Telecommunications Industry
Ombudsman has deferred consideration of objections pending outcome
of Court proceedings – Whether Telecommunications Industry
Ombudsman is appropriate forum in which to determine issues raised
in Court proceedings. Administrative Decisions (Judicial
Review) Act 1977 (Cth) ss 5, 10(1), 10(2)(b); Federal
Court of Australia Act 1976 (Cth) s 37M
Triabunna Investments Pty Ltd v Minister for Environment
and Energy [2019] FCAFC
60
ENVIRONMENT LAW — application for judicial review of
a referral decision made under the Environment Protection and
Biodiversity Conservation Act 1999 (Cth) — where the
second respondent lodged a proposal with the Department of
Environment and Energy to farm Atlantic salmon on an existing
marine lease — where a delegate of the Minister for
Environment and Energy decided under s 75 of the Act that the
proposed action was not a "controlled action" if
undertaken in a "particular manner" within the meaning of
s 77A of the Act — where the delegate issued a written notice
under s 77(1) of the Act and a statement of reasons under s 77(4)
of the Act — where the delegate provided the statement of
reasons to the appellants in accordance with s 13 of the
Administrative Decisions (Judicial Review) Act 1977
(Cth)
ENVIRONMENT LAW — whether the primary judge erred in finding
that the delegate, having made all the necessary findings, did not
err in law by failing to include in the notice issued under s 77 of
the Act the conclusion that the use of K-Grid and of bundled feed
and servicing lines by the second respondent were "particular
manner" requirements — whether the primary judge erred
in confining the operation of s 77A(1) to matters additional to
that which was contained in the second respondent's original
proposal — whether the primary judge erred in finding that
the delegate did not err by failing to take into account all
"adverse impacts" of the proposed action as required by s
75(2) of the Act — where the primary judge inferred from the
delegate's reasons that the delegate had considered the visual
impact of two permanently moored barges — whether the primary
judge erred in failing to deal with the appellants' contentions
about how the delegate's decision addressed the use of bundled
feed and servicing lines by the second respondent
ADMINISTRATIVE LAW — whether the primary judge erred in
failing to give adequate reasons for rejecting certain contentions
made by the appellants — whether the primary judge erred by
mischaracterising and incorrectly describing certain arguments
advanced by the appellants
Commonwealth of Australia v Snell
[2019] FCAFC 57
ADMINISTRATIVE LAW – Administrative Appeals Tribunal
– whether issue estoppel arises in respect of matters decided
in earlier decision concerning the same parties – whether
Tribunal able to not consider relevant and probative evidence
because of existence of earlier decision – power to
reconsider earlier decision under Seafarers Act negates any
limitation on evidence which Tribunal should consider when
reviewing a subsequent decision – appeal allowed.
Administrative Appeals Tribunal Act 1975 (Cth).
Vickers v Queensland Building and Construction
Commission & Ors [2019] QCA
66
1. The appeal is dismissed.
STATUTES – ACTS OF PARLIAMENT – INTERPRETATION –
GENERAL APPROACHES TO INTERPRETATION – PURPOSIVE APPROACH
– GENERAL PRINCIPLES
CONSTITUTIONAL LAW – IMPERIAL, COLONIAL, STATE AND
COMMONWEALTH CONSTITUTIONAL RELATIONSHIPS – GENERALLY –
SOVEREIGNTY – PLENARY NATURE OF POWERS – where the
appellant contends that that s 56AC of the Queensland Building
and Construction Commission Act 1991 (Qld) is constitutionally
invalid – where the learned primary judge concluded that s
56AC of the Queensland Building and Construction Commission Act
1991 (Qld) was constitutionally valid – where the
appellant contended that the addition of the words "in this or
another State" in s 56AC(7) of the Queensland Building and
Construction Commission Act 1991 (Qld) was too remote from the
"peace, welfare and good government" of Queensland to be
within power – whether there is a sufficient connection
between the subject matter of the legislation and the State of
Queensland. Constitution of Queensland Act 2001 (Qld)
Goodrich v Racing Victoria Racing Appeals and Disciplinary
Board [2019] VSC
248
ADMINISTRATIVE LAW – Judicial review –
Victorian Civil and Administrative Tribunal – Review of
decision of Racing Victoria Racing Appeals and Disciplinary Board
– Failure to allow stewards to inspect horse on race day
– Whether the Victorian Civil and Administrative Tribunal
misapplied s 51(2) of the Victorian Civil and Administrative
Tribunal Act 1998 by setting aside the decision under review
and not making another decision in substitution for it or remitting
the matter – Whether seeking to obtain documents of
appointment of the stewards was a collateral purpose amounting to
an abuse of process – Whether reasonable apprehension of bias
on the part of the Victorian Civil and Administrative Tribunal
– No error in the Victorian Civil and Administrative
Tribunal's reasoning or conclusion that would justify
overturning its decision – Application for leave to appeal
granted – Appeal dismissed – Victorian Civil and
Administrative Tribunal Act 1998 ss 49, 50, 51, 75, 148.
Legislation
Commonwealth
Act Compilation
Administrative Decisions (Judicial Review) Act
1977
16/04/2019 - Act No. 59 of 1977, amending an Act relating
to the Review on Questions of Law of certain Administrative
Decisions
Regulation
Foreign
Influence Transparency Scheme Amendment (2019 Measures No. 1) Rules
2019
16/04/2019 - This instrument amends the Foreign Influence
Transparency Scheme Rules 2018 to prescribe matters for the
purposes of sections 30 and 43 of the Foreign Influence
Transparency Scheme Act 2018.
Queensland
Subordinate legislation as made – 26 April
2019
No 60
Penalties and Sentences (Penalty Unit Value) Amendment Regulation
2019
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.