Queensland Government Bulletin Part 2 - In The Media, In The Courts And Practice, Cases And Legislation

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Overview of changes to Queensland laws
Australia Government, Public Sector
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Media

What's changed in the BIFOLA Act?
The Building Industry Fairness (Security of Payment) and Other Legislation Amendment Act 2024 commenced on 1 July 2024. The amendments include changing the Building Industry Fairness (Security of Payment) Act 2017 to ensure clarity and provide a more simple understanding of the requirements of the trust account framework. The amendments also include formalising several recommendations stemming from the Queensland Building and Construction Commission's review via changes to the Queensland Building and Construction Commission Act 1991, the Building Act 1975 and the Drainage Act 2018 (1 July 2024). Read more here...

New Queensland Fire Department signals dawn of new era for fire services
As of 1 July 2024, the former Queensland Fire and Emergency Services (QFES) has become the Queensland Fire Department (QFD). The new department will encompass Queensland Fire and Rescue and Rural Fire Service Queensland. The Minister for Fire and Disaster Recovery, Nikki Boyd, has stated that the launch of the QFD will bring the benefit of increased funding, more equipment, training and resourcing for both QFR and RFSQ (1 July 2024). Read more here...

Ban on engineered stone in effect (1 July 2024)
Workplace Health and Safety Queensland have advised that the ban of engineered stone, first agreed to nationally in December 2023, has now come into effect as of 1 July 2024. This means that even if contracts containing the use of the engineered stone were entered into prior to the ban, work must cease. 'Work' includes the manufacturing, supply, processing and installation of benchtops, panels and slabs Queensland, in considering the dangers to workers, did not elect to adopt a transition period for the use of the stone (2 July 2024). Read more here...

Queensland's first female Auditor-General appointed
Rachel Vagg has been appointed the new Queensland Auditor-General. Ms Vagg is the 24th Auditor-General in one hundred and sixty-four years. Her appointment marks the first female to be appointed to the position. The Auditor-General is tasked with providing assurance to the Parliament and Queensland community on the presentation of financial and performance audit of all public sector entities (9 July 2024). Read more here...

Queensland breaks ground on CopperString Project
"CopperString will be the catalyst for transforming Queensland's north and northwest – opening up mining opportunities, creating more jobs, and unlocking critical minerals which will be essential in developing renewable technologies" stated Premier Steven Miles (11 July 2024). Read more here...

Publications

Reducing serious youth crime: 2023-2024
Public concern over youth crime has been growing in recent years, especially when considering the physical, emotional, psychological and economical impact that it can have. The latest report released by the Queensland Audit Office suggests that to address the underlying causes, a whole-of-system approach is required. Read the results here.

Strengthening the Human Rights Act: key issue paper June 2024
This report has been put together by the Queensland Human Rights Commission and outlines how the Human Rights Act could be improved in order to enhance the protection of human rights and improve government decision-making. Read the results here.

Practice

Supreme Court of Queensland Practice Direction Number 17 of 2024
The Supreme Court of Queensland has issued a practice direction in relation to the designation of Court Holidays. Read more here.

AAT Bulletin Issue No. 12/2024 17 June 2024
The AAT Bulletin is a fortnightly publication containing information about recently published decisions and appeals against decisions in the AAT's General, Freedom of Information, National Disability Insurance Scheme, Security, Small Business Taxation, Taxation & Commercial and Veterans' Appeals Divisions. Read more here.

AAT Bulletin Issue No. 13/2024 1 July 2024
The AAT Bulletin is a fortnightly publication containing information about recently published decisions and appeals against decisions in the AAT's General, Freedom of Information, National Disability Insurance Scheme, Security, Small Business Taxation, Taxation & Commercial and Veterans' Appeals Divisions. Read more here.

Workplace investigations (Directive 01/24)
A new Workplace Investigations Directive and Period Reviews Guide have been issued by Queensland's Public Sector Commission. The new directive is effective as of 10 June 2024. Read more here.

Cases

Rolfe v State of Queensland (Children's Health Queensland Hospital and Health Service) and Ors (No. 3) [2024] QIRC 150
HUMAN RIGHTS – DISCRIMINATION – REFERRAL OF COMPLAINT – where the complainant was employed on a fixed term temporary contract – where the complainant's employment was not renewed – whether the respondents discriminated against the complainant on the basis of sex and pregnancy – whether victimisation occurred – whether the respondents made an unlawful

DU v Jackson (DCJ) [2024] QCA 122
ADMINISTRATIVE LAW – JUDICIAL REVIEW – GROUNDS OF REVIEW – JURISDICTIONAL ERROR – where the appeal the first respondent conducted was an appeal pursuant to s 168 of the Domestic and Family Violence Protection Act 2012 (Qld) – whether this is an appeal by way of rehearing – whether there was an arguable case that the first respondent did not conduct a real review of the evidence and did not form his own view of it – whether the appellant demonstrated an arguable case that the first respondent misapprehended the nature of his task on appeal such that there was jurisdictional error

Reef House Property Pty Ltd v Commissioner of Liquor and Gaming Regulation [2024] QCA 121
ADMINISTRATIVE LAW – ADMINISTRATIVE TRIBUNALS – FUNCTIONS OF TRIBUNALS – where the second respondent applied to the first respondent for a commercial hotel licence, which the first respondent provisionally approved – where the appellants, along with several other applicants, applied to the Queensland Civil and Administrative Tribunal ("Tribunal") for a review of the first respondent's decision under the Liquor Act 1992 (Qld) and the Queensland Civil and Administrative Tribunal Act 2009 (Qld) – where the Tribunal dismissed the application, and confirmed the first respondent's decision – where the appellants contend that the Tribunal failed to undertake a review on the merits as required by the applicable legislation, and thereby failed to properly understand and/or exercise its jurisdiction – where the first and second respondents contend that the Tribunal's decision, and the language used therein, was permissibly shaped by the manner in which the appellants argued their case before the Tribunal – whether, having regard to both the proceedings before the Tribunal and the decision itself, the Tribunal failed to undertake a merits review as required by the applicable legislative provisions

KLT v Director-General, Department of Justice and Attorney-General [2024] QCAT 271
ADMINISTRATIVE LAW – ADMINISTRATIVE TRIBUNALS – QUEENSLAND CIVIL AND ADMINISTRATIVE TRIBUNAL – review of decision to issue a negative notice

Legislation

Acts assented to

Economic Development and Other Legislation Amendment Act 2024 No. 32 – Assent 18 June 2024

Environmental Protection (Powers and Penalties) and Other Legislation Amendment Act 2024 No. 30 – Assent 18 June 2024

Help to Buy (Commonwealth Powers) Act 2024 No. 31 – Assent 18 June 2024

Mineral and Energy Resources and Other Legislation Amendment Act 2024 No.33 – Assent 18 June 2024

Resources Safety and Health Legislation Amendment Act 2024 No. 34 – Assent 18 June 2024

Revenue and Other Legislation Amendment Act 2024 No. 35 – Assent 18 June 2024

State Financial Institutions and Metway Merger Amendment Act 2024 No. 36 – Assent 18 June 2024

Proclamations commencing Acts made

Proclamation No. 1 – Building Industry Fairness (Security of Payment) and Other Legislation Amendment Act 2024 (commencing certain provisions)

Proclamation No. 1 – Casino Control and Other Legislation Amendment Act 2024 (commencing certain provisions)

Proclamation No. 1 – Health and Other Legislation Amendment Act 2024 (commencing certain provisions)

Proclamation No. 1 – Police Powers and Responsibilities and Other Legislation Amendment Act 2024 (commencing certain provisions)

Proclamation No. 2 – Health Practitioner Regulation National Law and Other Legislation Amendment Act 2022 (commencing remaining provisions)

Proclamation No. 5 – Justice and Other Legislation Amendment Act 2023 (commencing certain provisions)

Proclamation No. 1 – Victims' Commissioner and Sexual Violence Review Board Act 2024 (commencing certain provisions)

Proclamation No. 2 – Energy (Renewable Transformation and Jobs) Act 2024 (commencing remaining provisions)

Acts repealed

Births, Deaths and Marriages Registration Act 2003

Subordinate legislation notified

Appeal Costs Fund Regulation 2024

Building Industry Fairness (Security of Payment) and Other Legislation Amendment Regulation 2024

Casino Control (Supervision Levy) Amendment Regulation 2024

Civil Liability and Other Legislation Amendment Regulation 2024

Civil Liability Indexation Notice 2024

Disability Services (Fees) Amendment Regulation 2024

Health and Other Legislation Amendment Regulation 2024

Information Privacy and Other Legislation Amendment Regulation 2024

Motor Accident Insurance Indexation Notice 2024

Personal Injuries Proceedings Indexation Notice 2024

Proclamation No. 1 – Building Industry Fairness (Security of Payment) and Other Legislation Amendment Act 2024 (commencing certain provisions)

Proclamation No. 1 – Casino Control and Other Legislation Amendment Act 2024 (commencing certain provisions)

Proclamation No. 1 – Health and Other Legislation Amendment Act 2024 (commencing certain provisions)

Proclamation No. 1 – Police Powers and Responsibilities and Other Legislation Amendment Act 2024 (commencing certain provisions)

Proclamation No. 2 – Health Practitioner Regulation National Law and Other Legislation Amendment Act 2022 (commencing remaining provisions)

Proclamation No. 5 –Justice and Other Legislation Amendment Act 2023 (commencing certain provisions)

Professional Standards (Bar Association of Queensland Professional Standards Scheme) Notice 2024

Professional Standards (Law Society of Western Australia Professional Standards Scheme) Notice 2024

State Development and Public Works Organisation (CopperString 2032—Workers Accommodation Camps) Amendment Regulation 2024

Transport Legislation (Fees) Amendment Regulation (No. 2) 2024

Energy (Renewable Transformation and Jobs) Amendment Regulation 2024

Exhibited Animals (Fees) Amendment Regulation 2024

Fire and Emergency Services Amendment Regulation 2024

Gaming Machine Amendment Regulation 2024

Medicines and Poisons (Medicines) Amendment Regulation (No. 2) 2024

National Energy Retail Law (Queensland) Amendment Regulation 2024

Nature Conservation Legislation Amendment Regulation (No. 2) 2024

Planning (Prescribed Amounts) Amendment Regulation 2024

Proclamation No. 1 – Victims' Commissioner and Sexual Violence Review Board Act 2024 (commencing certain provisions)

Proclamation No. 2 – Energy (Renewable Transformation and Jobs) Act 2024 (commencing remaining provisions)

Rural and Regional Adjustment (Variation of Wheelchair Accessible Taxi Grants Scheme) Amendment Regulation 2024

Safety in Recreational Water Activities (Code of Practice) Amendment Notice 2024

Safety in Recreational Water Activities Regulation 2024

Uniform Civil Procedure and Other Rules Amendment Rule 2024

Waste Reduction and Recycling Amendment Regulation 2024

Work Health and Safety (Engineered Stone) Amendment Regulation 2024

State Development and Public Works Organisation (Construction and Commissioning of Toowoomba to Warwick Water Pipeline) Amendment Regulation 2024

Subordinate legislation repealed

Births, Deaths and Marriages Registration Regulation 2015

Appeal Costs Fund Regulation 2010

Professional Standards (Bar Association of Queensland Professional Standards Scheme) Notice 2019

Professional Standards (Law Society of Western Australia Professional Standards Scheme) Notice 2019

Workers' Compensation and Rehabilitation (QOTE) Notice 2023

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.

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