In the media
Fears of secrecy as QLD Government set to ban
information requests on mining rehabilitation fund
The Queensland Government is set to grant a blanket
exclusion from right to information requests on a new
multi-million-dollar mining and gas rehabilitation fund - going
against the advice of the information watchdog (14 September 2018).
More...
QLS backs calls for a national judicial commission
Queensland Law Society has backed calls by the Law Council
of Australia to introduce a federal judicial commission, following
a piece published in The Australian newspaper (13 September 2018).
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Broader powers for police at airports
Minister for Home Affairs Peter Dutton said the Police
Powers at Airports Bill 2018 expands existing powers to enable
police to direct a person to provide proof of identity, 'move
on' from airport premises, or not take a flight, where they
pose a criminal or security threat (12 September 2018).
More...
Protecting children with new religious confession
laws
People in religious ministry will face criminal charges if
they fail to report child abuse – including when disclosed
during confession – under new laws to be introduced by a
re-elected Andrews Labor Government (7 September 2018).
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New Commissioners for ECQ and ADCQ
Attorney-General and Minister for Justice Yvette D'Ath
has announced two significant appointments for key agencies,
subject to the Governor's approval. Pat Vidgen will be
Electoral Commissioner for the Electoral Commission of Queensland
and Scott McDougall will be Queensland's new
Anti-Discrimination Commissioner (5 September 2018).
More...
Securing the future of Australian healthcare amid rising
data privacy concerns
The statistics are stark: since the Notifiable Data Breach
(NDB) scheme came into effect earlier this year, 63 breaches have
been reported to authorities in the first two months alone.
Healthcare organisations are seemingly prime targets for
cybercriminals because of the wealth of personal data they possess
and process, as well as the sensitive nature of their data (4
September 2018).
More...
Voluntary euthanasia inquiry announced in Queensland,
the last state to debate the issue
The Queensland Premier orders an inquiry into end-of-life
care, including the issue of voluntary euthanasia, saying the issue
must be confronted (2 September 2018).
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In practice and courts
ABA: Draft rule change of Legal Profession Uniform
Conduct (Barristers) Rules 2015
The Legal Services Council agreed with the ABA's
proposal to further amend r 101(n) of Legal Profession Uniform
Conduct (Barristers) Rules 2015 to ensure that the preclusion rule
does not operate retrospectively. The Council has also authorised
to approve the ABA to conduct public consultation on draft rule
101A of the Barristers Conduct Rules under s427(5)(b) of the
Uniform Law (13 September 2018).
More...
AAT Bulletins 2018
Issue No. 35/2018, 10 September 2018
Issue No. 34/2018, 3 September 2018
Attorney-General Reviews
Legal assistance review
In 2018, separate and concurrent reviews will be undertaken of the
National Partnership Agreement on Legal Assistance Services
2015-2020 (NPA) and the
Indigenous Legal Assistance Program (ILAP).
The reviews will assess the effectiveness, efficiency and
appropriateness of the NPA and the ILAP as mechanisms for achieving
their respective objectives and outcomes within available
resources, and identify best practice and opportunities for
improvement. Submissions close on 28 September 2018.
Reminder: Australian Digital Health Agency three month
"opt-out period" for 'My Health
Record'
As
announced by the Australian Digital Health Agency, every
Australian will be offered a 'My Health Record' unless they
choose not to have one during the three-month opt out period which
has been extended to 15 November 2018. A national communications
strategy will be implemented to explain the opt-out process. During
the opt out period individuals who do not want a record will be
able to opt out by visiting the My Health Record
website.
Human Rights and Technology Issues Paper 2018:
consultation
Feedback in response to the Australian Human Rights Commission
project on the relationship between human rights and technology
closes on 2 October 2018. The consultation paper is
available here. The submission form and details on the
submission process, as well as further information about the Human
Rights and Technology Project, can be found here.
Queensland
OIC Queensland: Submission to the Legal Affairs and
Community Safety Committee on the Non-consensual Sharing of
Intimate Images Bill 2018
The Office of the Information Commissioner (OIC)
has made a submission to the Legal Affairs and Community Safety
Committee on the Non-consensual Sharing of Intimate Images Bill
2018 supporting the measures in the Bill (7 September 2018).
More...
QAO Consultation: Coronial services
The objective of this audit is to assess whether agencies
are effective and efficient in supporting the coroner to
investigate and help prevent deaths, from July-September 2018. More...
Published – articles, papers, reports
Imprisonment and
recidivism: issues paper
Queensland Productivity Commission: 13 September
2018
The Queensland government has asked the Commission to
undertake an inquiry to determine how government resources and
policies may be best used to reduce imprisonment and recidivism to
improve outcomes for the community.
Everyone's
business: Fourth national survey on sexual harassment in Australian
workplaces
Australian Human Rights Commission: 12 September
2018
The Australian public has rightly demanded to know more about
the pervasiveness and impact of workplace sexual harassment and to
see concerted action taken to prevent this behaviour from
occurring. Government and employers need reliable data to inform
their actions and responses to workplace sexual harassment.
Crime and law enforcement: A quick guide to key internet
links
Parliament of Australia: 12 September 2018
This quick guide provides key internet links to websites with
information on crime and law enforcement arrangements and
issues.
Submission to
the Department of Home Affairs on the Exposure Draft of the
Telecommunications and Other Legislation Amendment (Assistance and
Access) Bill 2018
Adam Molnar, Lizzie O'Shea, Monique Mann, Angus
Murray, Peter Tonoli, Bruno Watt, Suelette Dreyfus
Digital Rights Watch: 10 September 2018
Digital Rights Watch collaborated with Australian Privacy
Foundation, Electronic Frontiers Australia, Future Wise, The
Queensland Council for Civil Liberties, The New South Wales Council
for Civil Liberties, Access Now and Blueprint for Free Speech to
produce this joint submission.
Draft Charter of
Aged Care Rights: Consultation paper
Department of Health (Australia): 5 September
2018
This consultation paper outlines the basis for developing a
single Charter of Aged Care Rights and how the draft charter has
been developed to date. As noted in the paper, the draft charter is
aimed at stimulating feedback from this consultation.
Cases
CXXXVIII v Australian Criminal Intelligence Commission
& Anor [2018] FCCA
2400
ADMINISTRATIVE LAW – Application for Judicial Review
– Australian Crime Commission – special investigation
– federally relevant criminal activity – determination
of the Board – conceded first summons issued by examiner
invalid by reason of attachment of incorrect superseded
determination – whether second summons and notice to produce
issued by examiner invalid – improper exercise of power
– notice to produce required production of electronic
communication devices – whether notice to produce impossible
to comply with due to its incoherence – whether requirement
to produce thing unfair in nature – whether invalid first
notice to produce renders second notice invalid – whether
extent of determination unreasonably broad – lack of
specificity of determination – whether more particulars of
matter to be investigated required to be provided – abuse of
process – mobile phone seized pursuant to invalid notice to
produce – unreasonableness – re-exercise of
administrative power.
Australian Crime Commission Act 2002, ss.4; 7; 7A; 7B; 7C;
21A; 24ABA(1); 28; Administrative Decisions (Judicial Review)
Act 1977, ss.5, 6
Wagner & Ors v Harbour Radio Pty Ltd &
Ors [2018] QSC 201
DEFAMATION – STATEMENTS AMOUNTING TO DEFAMATION
– PARTICULAR STATEMENTS – IMPUTATIONS – Where the
plaintiffs sue in respect of 32 separate matters, the majority of
which are radio broadcasts – where the defendants admit that
they published, or were responsible for the publication of, the 32
matters complained of – where the plaintiffs allege that
these publications give rise to 98 defamatory imputations –
where the alleged imputations primarily concern the plaintiffs'
role in the Grantham Floods of 2011, and the plaintiffs'
construction of Wellcamp Airport – where the action was tried
by a judge sitting alone – whether the alleged imputations
are conveyed – whether the alleged imputations are of and
concerning the plaintiffs – whether the alleged imputations
are defamatory of the plaintiffs.
DEFAMATION – DEFENCES – JUSTIFICATION – TRUTH
– SUBSTANTIAL TRUTH AND CONTEXTUAL TRUTH – FAIR REPORT
– MATTER OF PUBLIC INTEREST – OTHER DEFENCES –
Where the defendants seek to establish defences of substantial
truth, contextual truth, and fair report of proceedings of public
concern – where the defendants prior to trial extended to the
plaintiffs a written offer to make amends – where the
defendants plead that the plaintiffs' failure to accept that
offer constitutes a further defence pursuant to s 18 of the
Defamation Act 2005 (Qld) – whether the imputations are
defensible on any of the pleaded grounds – whether the
defendants' offer to make amends was, in all the circumstances,
reasonable.
DAMAGES – GENERAL DAMAGES – ASSESSMENT – SPECIAL
MATTERS
Kelsey v Logan City Council & Ors (No 6) [2018] QIRC
115
INDUSTRIAL LAW – PUBLIC INTEREST DISCLOSURE –
Application for disclosure – where the 3rd to 9th respondents
seek orders that the applicant disclose documents falling within
six discrete categories – where the application is opposed
– principles of disclosure – whether disclosure should
be ordered in the circumstances.
Legislation
Commonwealth
Civil Law and Justice Legislation Amendment Bill
2017
Senate: Third reading agreed to 12/09/2018
Amends the: Acts Interpretation Act 1901 and Legislation Act 2003
to clarify the validity of ministerial acts and the operation of
provisions about the management of compilations prepared for the
Federal Register of Legislation.
Crimes
Legislation Amendment (Police Powers at Airports) Bill
2018
HR 12/09/2018 - The Crimes Legislation Amendment (Police
Powers at Airports) Bill 2018 (the Bill) amends
the Crimes Act 1914 (the Crimes Act) to enhance
police powers at Australia's major airports, including by
enabling constables and protective service officers
(PSOs) 1to: direct a person to produce
evidence of their identity ('identity check
direction') (section 3UN).
Commonwealth
Places and Services (Facial Recognition) Bill
2018
HR 11/09/2018 - The Bill also prohibits wearing of facial
coverings when obtaining Commonwealth social services and as a
participant in citizenship ceremonies. The Bill is to ensure that
Australian national security and citizen safety is paramount, to
improve verification of identity, to ensure that Australian values
and cultural norms are accepted and respected, and to uphold the
equality of women in Australian society.
Queensland
Bills Updated
Disability
Services and Other Legislation (Worker Screening) Amendment Bill
2018
Introduced by: Hon C O'Rourke MP on 20/03/2018
Stage reached: Passed on 5/09/2018
Assent Date: 11/09/2018
Act No: 19 of 2018
Commences: see Act for details
The objectives of the Bill are to amend the Police Service
Administration Act 1990 to enable Queensland to participate in
national information sharing obligations for National Disability
Insurance Scheme (NDIS) worker screening under the
NDIS Quality and Safeguards Framework.
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.