In the media
Michaela Cash warns employers to stop doing deals with
corrupt unions
Corrupt and unscrupulous bosses will be in the sights of both major
parties today with the government to warn companies about cutting
dodgy deals with unions while Labor will announce a policy
promising severe penalties for those who exploit the low-paid and
vulnerable (31 January 2016).
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Little Progress from Commonwealth on National Approach
to Redress
State and Territory Attorneys-General have today received
correspondence from the Commonwealth Attorney-General regarding a
"national approach to redress for survivors of institutional
child sexual abuse (29 January 2016).
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Tackling Alcohol-Fuelled Violence laws prioritised for
Parliament
The Parliament will debate legislation to tackle alcohol-fuelled
violence, particularly late at night, as soon as it resumes next
month, Premier Annastacia Palaszczuk said (23 January 2016).
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Telstra privacy breach leaves customer's voicemail
exposed
A consumer said he was lucky the person who bought his iPhone 5 had
been co-operative and forthcoming about the issue, but was worried
about the implications for privacy-critical businesses such as law
firms or medical and government organisations who resold their
digital equipment (22 January 2016).
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CCC commences investigation into Queensland Health
recruitment allegations
The CCC has commenced an investigation into allegations of corrupt
conduct relating to Queensland Health recruitment processes (20
January 2016).
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Former OMCG member to face $1 million bank fraud
offence
A joint CCC and QPS investigation has led to a 29-year-old
Sunnybank Hills man facing one count of fraud for allegedly
dishonestly obtaining a $1 million loan from a financial
institution (20 January 2016).
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Queensland Law Society welcomes short-term funding but
the fiscal cliff looms
Queensland Law Society Queensland Law Society has welcomed the
Government's commitment to $2.7 million in additional funding
for nine community legal centres (CLCs) across Queensland until
June 2017 (18 January 2016). More...
Freelancer contests $20,000 privacy breach fine from
OAIC
Matt Barrie's Freelancer has been ordered to pay $20,000 in
damages to a European former account holder for alleged privacy
breaches by the Office of the Australian Information Commissioner
(13 January 2016).
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Establishment of a Queensland judicial
commission
Queensland Law Society has called for the State Government to
consider establishing a judicial commission as a part of a protocol
for judicial appointments in Queensland (13 January 2016). More...
Palaszczuk Government acts to expunge historic
homosexual convictions
Attorney-General and Minister for Justice Yvette D'Ath has
asked the Queensland Law Reform Commission to make recommendations
on how historical convictions for consensual homosexual conduct can
be removed from a person's criminal record (13 January 2016).
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A welcome step towards erasing leftover homosexual
convictions in Queensland
The announcement by the Queensland Attorney-General that the
Queensland Law Reform Commission will examine how historical
convictions for consensual homosexual conduct can be removed from a
person's criminal record has been welcomed by community and
legal groups (13 January 2016).
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Additional Funding for Legal Assistance
Announced
Attorney-General Yvette D'Ath has announced that the state
government will allocate $2.704 million of temporary funding
through the National Partnership Agreement on Legal Assistance
Services to provide direct services to Queenslanders from early
2016 through to 30 June 2017 (12 January 2016).
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Sexual harassment at work is profoundly damaging and
unfair
Australian law gives us all a legal right to live and work free
from sexual harassment. But where does behaviour that is
inappropriate, disrespectful or just plain rude cross the line to
become unlawful? (13 January 2016).
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Digital dispute resolution at your fingertips in
Queensland
Applying for mediation is now easier than ever, with the form
available on the Dispute Resolution Branch's website that can
be filled out and submitted online (04 January 2016).
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Baden-Clay sentencing hearing delayed
The Director of Public Prosecutions was successful in his
application to delay the sentencing hearing of Gerard Baden-Clay on
the substituted charge of manslaughter (08 January 2016).
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Southport domestic and family violence court trial
extended
A trial of Queensland's first dedicated specialist domestic and
family violence court at Southport has been extended until June 30,
2017. This is far beyond the six-month period initially proposed
(07 January 2016).
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Queensland Law Society urges preventative approach in
response to increasing coward punch attacks
Queensland Law Society urges the Queensland Parliament as a whole
to carefully consider lockout legislation currently before it, in
order to prevent the further loss of lives due to coward punches
and alcohol-fuelled violence (05 January 2016).
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Palaszczuk Government appoints anti-corruption
chief
The Palaszczuk Government has appointed a new chief executive
officer to the state's corruption watchdog (23 December 2015).
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In practice and courts
OAIC QLD: All I want for Christmas is an Information
Sheet
The Right to Information Act 2009 (RTI Act) requires applicants and
third parties to be fully informed of their rights. OIC's
Information Sheets can be included with your correspondence,
allowing you to keep your letters short and sweet and your
applicants fully informed (22 December 2015).
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New Online Application for Mediation Service:
Queensland
The Department of Justice and Attorney-General (DJAG) has announced
the launch of a new
online application for assistance with mediation for disputes.
Members of the public who are involved in a dispute and wish to
seek resolution through mediation can apply for assistance at www.qld.gov.au/applymediation
(04 January 2016).
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QLRC Review: Expunging Historical Gay Sex
Convictions
The Queensland Law Reform Commission (QLRC) has released the
Expunging historical gay sex convictions review for the purposes of
conducting a review and investigation of the issue of expunging
criminal convictions for historical gay sex offences. The QLRC is
expected to report its findings by 21 August 2016 (04 January
2016).
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Queensland: Final Report on the review of the
Victims of Crime Assistance Act 2009 - December
2015
The Victims of Crime Assistance Act 2009 (Qld) commenced
in December 2009, replacing the previous criminal compensation
schemes that existed under the Criminal Offence Victims Act
1995 (Qld) and the Criminal Code Act 1899 (Qld). The
Victims of Crime Assistance Act 2009 (Qld) requires a
review of the provisions in the Act to be undertaken within five
years of its commencement.
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Queensland Family and Child Commission Annual Report:
Deaths of children and young people 2014-2015
This report has been prepared under section 29 of the Family
and Child Commission Act 2014 (Qld). It describes information
on the deaths of children and young people in Queensland registered
in the period 1 July 2014 - 30 June 2015.
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Published – articles, papers, reports
Chief Justice James Allsop AO and Justice Clyde Croft,
'The Role of the Courts in Australia's Arbitration
Regime'
Chief Justice Allsop and Justice Clyde of the Federal Court
provide an update on how the role of Australian courts in
arbitration has been interpreted and practiced in recent times,
November 2015.
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Justice James Edelman, 'Vindicatory
Damages'
Justice James Edelman of the Federal Court discusses five issues
in relation to vindicatory damages: the concept of damages; the
central authority in support of vindicatory damages; reasons for
awarding damages; the decline of vindicatory damages in England and
revisiting the authorities in light of the previous discussion, 15
December 2015.
More...
Justice John Griffiths, 'Some Ethical Issues for
Legal Practitioners
Speech delivered by Justice John Griffiths of the Federal Court of
Australia as part of the College of Law's Professional Skills
Development Programs, November 2015.
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Cases
Calanca v The Queensland Parole Board [2016]
QSC 003
ADMINISTRATIVE LAW – JUDICIAL REVIEW – GROUNDS OF
REVIEW – FAILURE TO OBSERVE STATUTORY PROCEDURE – where
the applicant applied for parole – where the Queensland
Parole Board failed to determine the application until after the
period prescribed by s 193(3) Corrective Services Act 2006
(Qld) had elapsed – whether the Queensland Parole Board
failed to observe the procedures that were required by the
Corrective Services Act 2006 (Qld) to be observed –
whether any failure to do so constitutes a ground for judicial
review pursuant to s 20(2) Judicial Review Act 1991 (Qld).
ADMINISTRATIVE LAW – JUDICIAL REVIEW – GROUNDS OF
REVIEW – GENERALLY – where the applicant's parole
application was refused on the ground that he posed an unacceptable
risk to the community – where the Ministerial Guidelines made
pursuant to s 227(1) Corrective Services Act 2006 (Qld)
provided that, where parole is refused and reasons for that refusal
are given, the Queensland Parole Board should give to the applicant
and to Queensland Corrective Services an indication of the
improvements or activities that would be of benefit to reduce the
risks the applicant posed to the community – whether the
Ministerial Guidelines imposed a duty on the Queensland Parole
Board to decide whether such an indication should be given for the
purposes of s 22(2) Judicial Review Act 1991 (Qld) –
whether such an indication was in fact given. More...
Berenyi v Maynard & Anor [2015] QSC
370
ADMINISTRATIVE LAW – JUDICIAL REVIEW – REVIEWABLE
DECISIONS AND CONDUCT – GENERALLY – where the
respondent initiated disciplinary process and made disciplinary
findings against the applicant – where the respondent
purported to terminate the applicant's employment pursuant to a
contractual clause – whether the termination was in the
exercise of a contractual or a statutory power – whether the
respondent's decision to terminate is judicially reviewable.
ADMINISTRATIVE LAW – JUDICIAL REVIEW – GROUNDS OF
REVIEW – PROCEDURAL FAIRNESS – GENERALLY – where
the respondent made three allegations specifying acts or omissions
by which the applicant failed to discharge her professional
responsibilities – whether the respondent failed to
sufficiently particularise the acts or omissions which gave rise to
the applicant's alleged breach of discipline – whether
natural justice was afforded. ADMINISTRATIVE LAW – JUDICIAL
REVIEW – GROUNDS OF REVIEW – RELEVANT CONSIDERATIONS
– where the applicant relied on the expertise of others in
her decision making – where the applicant was found not to
have turned her own mind to and made her own enquiries about the
bases upon which her decisions were made – whether it was a
relevant consideration that the applicant relied on the expertise
of others – whether the respondent failed to take that
consideration into account. ADMINISTRATIVE LAW – JUDICIAL
REVIEW – GROUNDS OF REVIEW – IRRELEVANT CONSIDERATIONS
– where the respondent considered it necessary to attribute
responsibility for the failure of the project the applicant was
involved in – whether that was an irrelevant consideration.
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Legislation
Subordinate legislation as made
No 189 Public Service and Another Regulation Amendment Regulation (No. 1) 2015 - 18/12/2015- Amends the Public Sector Ethics Act 1994 and Public Service Act 2008.
Acts passed 17 December 2015
No 30 Family Responsibilities Commission Amendment Act 2015.
No 33 Relationships (Civil Partnerships) and Other Acts Amendment Act 2015.
No 34 Domestic and Family Violence Protection and Another Act Amendment Act 2015.
No 35 Constitution (Fixed Term Parliament) Referendum Act 2015.
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.