In the media
Services Australia penalised for breaching privacy of a
vulnerable customer
The Australian Information Commissioner has issued
Services Australia with a notice to pay a customer AU$19,890 as
atonement for breaching her privacy. The woman was in receipt of
Centrelink benefits administered by the Department of Human
Services, now Services Australia (22 April 2021).
More...
Royal Commission to probe veterans' deaths
A Royal Commission into the suicide of Defence and
military veterans is to be established by the federal Government
following consultation with State and Territory Governments.
Crucially, the Royal Commission will not defer, delay or limit in
any way, any proposed or announced policy, legislation or
regulation that we are currently implementing (22 April 2021).
More...
Comments invited on new Regulators' guide
The Department of the Prime Minister and Cabinet has
issued a new performance guide for Government regulators, inviting
the public to comment. The guide outlines principles of best
practice and supporting guidance to assist Commonwealth regulators
to report on their performance against these principles (22 April
2021).
More...
ACCC wins court case against Google
Chair of the ACCC, Rod Sims said that following the
Commission's world-first enforcement action, the Federal Court
found Google had misled consumers about personal location data
collected through Android mobile devices (19 April 2021).
More...
QLS: Parole board needs greater independence
Queensland Law Society says Parole Board Queensland (PBQ)
needs greater independence from the state's Department of
Corrective Services to ensure decisions on whether or not prisoners
should be released are made quickly and impartially (19 April
2021).
More...
Queensland Courts and QCAT develop new digital civil
case management portal
Court Services Queensland and QCAT are working on a
solution to enable the filing of civil cases electronically. The
solution will also enable self-represented parties to manage their
cases electronically, 24/7, delivering a contemporary experience by
providing a more accessible, easy-to-use and convenient service for
Queenslanders (22 April 2021).
More...
Parliamentary committee to review vilification and hate
crime laws
The parliamentary Legal Affairs and Safety Committee has
been asked to determine if they are operating effectively, if they
are consistent with community expectations, and suitable to deal
with modern day challenges (21 April 2021). More...
ACMA requests internet service providers to block more
illegal gambling websites
The ACMA has requested that Australian internet service
providers (ISPs) block more illegal offshore gambling websites.
Following numerous complaints about these services, the ACMA
undertook investigations which found them to be operating in breach
of the Interactive Gambling Act 2001 (21 April 2021).
More...
Queensland taking the lead on gender equality
An annual snapshot on the status of gender equality in
Queensland has been released by the Palaszczuk Government. The
Premier said the 2020 Gender Equality Report Cards focussed on four
priority areas including participation and leadership; economic
security; safety; and health and wellbeing (21 April 2021). More...
Significant updates to Queensland's defamation
laws
Freedom of expression, modern media reporting and
protection of individuals from reputational harm are on the agenda
of the Palaszczuk Government with significant amendments being
introduced to defamation law provisions (20 April 2021). More...
Post office complaints in the post
The impact of COVID-19 on the postal industry has resulted
in a high number of complaints according to the latest quarterly
update from the Commonwealth Ombudsman in his capacity as the
Postal Industry Ombudsman (19 April 2021).
More...
Indigenous justice announcements welcome, but funding
for multi-faceted response needed
Fresh announcements by the Government and the Opposition
aimed at addressing the systemic disadvantage experienced by
Aboriginal and Torres Strait Islander people in the justice system
have been welcomed by the Law Council of Australia, but we need a
multi-faceted government response supported by adequate funding (15
April 2021).
More...
New Action Plan for women's security
The second National Action Plan on Women, Peace and
Security, developed by the Department of Prime Minister and
Cabinet, has been released. The plan builds on existing efforts to
protect and promote the human rights of all women and girls, while
increasing the participation of women in peace and security
processes (15 April 2021).
More...
Statement from CCC Chairperson – Alan MacSporran
QC
The CCC investigates allegations of corrupt conduct but
does not prosecute. Once the CCC charges individuals, the briefs of
evidence were forwarded to the ODPP in order for them to
independently assess the evidence and decide whether or not to
prosecute. In light of the above, it is difficult to see how it
could be reasonably suggested there should be an inquiry into the
CCC's conduct (14 April 2021).
More...
High Court determination settles right of entry permit
requirement
The requirement for union officials to hold a valid
federal right of entry permit when entering work sites under State
or Territory OHS laws has been upheld following a High Court
determination. The High Court on 8 April 2021 refused to allow the
CFMMEU special leave to appeal a 2020 Full Federal Court decision
(13 April 2021).
More...
In practice and courts
High Court Bulletin
The High Court Bulletin is compiled approximately once a
month, from February to December after each Court sitting. View the
High Court of Australia Bulletin [2021] HCAB 03
here (16 April 2021).
Law Council of Australia Submissions
19 April 2021— Business Law Section
Timeliness of processes under the National Access Regime
15 April 2021— Business Law Section
Practical Compliance Guideline PCG 2021/D2: Allocation of
professional firm profits – ATO compliance approach
13 April 2021— Business Law Section
Breach Reporting Regulations
Law Council update
The Law Council produces a fortnighly newsletter which
highlights the Law Council's important activities and advocacy.
View the latest edition here.
AAT Bulletin
The AAT Bulletin is a weekly publication containing a list
of recent AAT decisions and information relating to appeals against
AAT decisions
Issue No. 8/2021, 19 April 2021.
More...
AHRC: Independent Review into Commonwealth Parliamentary
Workplaces
The Commission will not be investigating nor making
findings about individual allegations of bullying, sexual
harassment or sexual assault as part of the Review. The Commission
will report on its findings and recommendations in a report to be
tabled in Parliament in November 2021. The Terms of Reference
outline the scope of the Review in more detail
here.
OAIC Consultation - IC review direction for
applicants
21 April 2021 The closing date for comments is 12 May
2021.
More...
OAIC consultation - the remaking of the Data Matching
Guidelines
15 April 2021 More information will be available from the
Consultation page when the public consultation commences.
More...
OAIC: Independent review of the Credit Reporting
Code
In April 2021, the Australian Information Commissioner and
Privacy Commissioner will tender for an independent review of the
Privacy (Credit Reporting) Code 2014 (the CR Code). This review is
an opportunity to explore how the CR Code is operating in practice.
More...
OAIC: Our FOI disclosure log
The information described in our disclosure log has been
released by the OAIC under the Freedom of Information Act 1982 (FOI
Act): updated 12 April 2021.
More...
Office of National Data Commission
16 April 2021 -
2021 Privacy Impact Assessment
To report on the privacy impact assessment of the Data Availability
and Transparency Bill.
CDPP: COVID-19 update
Should further lock downs occur, the CDPP is well placed
to deal with them, as it was during 2020. As part of our continuous
transformation, all CDPP lawyers have laptops and phones, enabling
them to work remotely and connect securely to CDPP systems (12
April 2021). More...
Regulator performance guide for consultation
The guide will empower regulators to demonstrate and
report on best practice performance that is in line with the
Government's expectations and supports investment and growth.
Submissions open until 21 May 2021 (22 April 2021).
More...
Public consultation - Rule 42 of the Australian
Solicitors' Conduct Rules
The Law Council of Australia has released a
Public Consultation Paper on a proposed revision to Australian
Solicitors' Conduct Rule (ASCR) 42. The Law Council is inviting
comments and submissions by 7 May 2021.
More...
ANAO Consultations
Due to table: May 2021 Open for contribution
Administration of the National Bushfire Recovery Agency The
objective of this audit is to assess the effectiveness of the
National Bushfire Recovery Agency and its administration of the
National Bushfire Recovery Fund. Due to table: May, 2021 Open for
contribution -
Australian National University's Governance and Control
Frameworks - The objective of this audit is to examine the
effectiveness of the Australian National University's
governance and control frameworks.
LSC: Regulation of litigation funding schemes
The Legal Services Council has amended the Legal
Profession Uniform General Rules 2015 with effect from 22 August
2020 so the prohibitions in s 258(1) and (3) of the Legal
Profession Uniform Law do not apply in relation to litigation
funding schemes now regulated as managed investment schemes. The
new rule will operate for 12 months to allow for consultation See
the Legal
Services Council website.
Finance and Public Administration Legislation
Committee
Data
Availability and Transparency Bill 2020 [Provisions] and Data
Availability and Transparency (Consequential Amendments) Bill 2020
[Provisions] report by Thursday, 29 April 2021
Operation
and management of the Department of Parliamentary
Services
On 22 February 2021, the reporting date was extended to 19 May
2021
Legal and Constitutional Affairs Legislation
Committee
Judges'
Pensions Amendment (Pension Not Payable for Misconduct) Bill
2020
On 18 March 2021, the Senate granted an extension of time for
reporting until 20 May 2021.
Queensland
Queensland Courts
UCPR Form 131 – Application for reduction of fees
by an Individual – (version 2) approved on 12/04/2021
19 Apr 2021 - Version 2 of the Uniform Civil Procedure
Rules 199
Form 131 - Application for reduction of fees by an Individual
has been approved for use from 12 April 2021 and is available on
the Forms
page.This version of the form was first published on the
Queensland Court website on 21 February 2020.
QLS Consultation Submissions April 2021
Use of Technology in the Federal Courts
Publicly available submissions can be found on the
Society's website.
Bills and Papers
Queensland Law Reform Commission: A legal framework for voluntary
assisted dying—Review update, February 2021 | Qld
Due to the size and complexity of the Commission's task, the
reporting date was altered to 10 May 2021
Queensland Law Reform Commission Consultation Paper
– a legal framework for voluntary assisted dying
The Queensland Law Reform Commission is seeking feedback
on the Consultation Paper "
A legal framework for voluntary assisted dying". The
Consultation Paper explores a legal framework for voluntary
assisted dying.. For more information please see the
consultation page and the
terms of reference. Note: The Commission
continues to work hard on this review, and hopes to meet a
reporting date of 10 May 2021. This document is intended to inform
the public about the Commission's task and its processes, and
how it hopes to complete the review by 10 May 2021.
Department of the Premier and Cabinet Consultation
Annual report 2019-20 feedback survey
By taking a minute to complete this survey, you will help
us improve our annual reports so readers can use them more
effectively. Open until 30 June 2021.
More...
Published - articles, papers, reports
Composition of Australian Parliaments by party and gender: a quick
guide
Anna Hough
Politics & Public Administration Section, APH: 16 April
2021
This quick guide contains the most recent tables showing the
composition of Australian parliaments by party and gender (see
Tables 1 and 2 below). It takes into account changes to the
Commonwealth and state/territory parliaments since the last update
was published on 2 December 2020.
Implementation of ANAO and Parliamentary Committee
Recommendations — Department of Defence
ANAO: 12 April 2021
The audit made three recommendations directed at strengthening
guidance, ensuring the implementation of recommendations was
subject to periodic risk review and monitoring, and improving the
clarity of responses.
More...
Women, Peace and Security 2021-2031 Plan
Australian Government: released 12 April 2021
The new National Action Plan identified four outcomes that would
support coordinated action across Government.
More...
Postal Industry - Quarterly Update six: 1 October to 31
December 2020
Ombudsman: 15 April 2021
In the December 2020 quarter, the Office received 52.6 per cent
more complaints compared to the same quarter last year. Complaints
increased by 92.8 per cent in the June 2020 quarter compared to the
June quarter last year. However complaints in the September and
December quarter show complaints are decreasing overall.
More...
Local government 2020
QAO Report No 17: 22 April 2021
This report summarises the audit results of Queensland's 77
local government entities (councils) and the entities they control.
This year, the COVID-19 pandemic presented new challenges for local
governments to deliver these services while under immense pressure
in a time of unpredictable change. Tabled 22 April 2021.
More...
Cases
'WW' and Australian Sports Commission (Freedom of
information) [2021] AICmr
11
Freedom of Information — Whether material in the
documents is irrelevant to the request — Whether reasonable
steps taken to find documents — Whether material obtained in
confidence —Whether disclosure of personal information is
unreasonable — Whether contrary to the public interest to
release conditionally exempt documents (CTH) Freedom of Information
Act 1982 ss 11A(5), 22, 24A, 45 and 47F.
Rex Patrick and Department of Industry, Science Energy and
Resources (Freedom of information) [2021]
AICmr 14
Freedom of Information — Whether documents contain
deliberative matter prepared for a deliberative purpose —
Whether disclosure would have a substantial adverse effect on the
proper and efficient conduct of the operations of an agency —
Whether disclosure of personal information unreasonable —
Whether contrary to public interest to release conditionally exempt
documents — (CTH) Freedom of Information Act 1982, ss 11A(5),
47C, 47E(d) and 47F
Brinin
v Kasabel Investments Pty Ltd t/as Twin Cities Building & Pest
Inspections [2021] QCAT
114
ADMINISTRATIVE LAW – ADMINISTRATIVE TRIBUNALS
– QUEENSLAND CIVIL AND ADMINISTRATIVE TRIBUNAL – where
the applicant purchased a property – where the respondent was
contracted to perform a building and pest inspection for the
applicant – where the applicant filed an Application for
domestic building dispute – where the applicant claims
$127,867.29 – whether the work performed by the applicant is
"domestic building work" – whether the Queensland
Civil and Administrative Tribunal has jurisdiction to hear the
matter
Queensland Building and Construction Commission Act 1991 Qld s 75,
s 78, s 79, Schedule 1B s 4, Schedule 2
Queensland Civil and Administrative Tribunal Act 2009 Qld s 49
Guilfoyle v Wild Breads Pty Ltd
[2021] QDC 58
APPEAL FROM MAGISTRATE – BREACH OF HEALTH AND SAFETY
DUTY – s. 222 Justices Act 1886 – where the respondent
breached a health and safety duty pursuant to s. 19 of the Work
Health and Safety Act and the failure exposed an individual to a
risk of death or serious injury – where the Magistrate
imposed a fine significantly lower than submitted by either party
– whether the Magistrate misunderstood the basis of the
respondent's liability – whether the sentence imposed was
manifestly inadequate. Penalties and Sentences Act 1992 Qld
Ha v Nursing and Midwifery Board of Australia
[2021] QCAT 91
ADMINISTRATIVE LAW – ADMINISTRATIVE TRIBUNALS
– QUEENSLAND CIVIL AND ADMINISTRATIVE TRIBUNAL – where
applicant seeks review of decision of respondent Board to place
conditions on applicant's registration as a registered nurse
– where applicant was employed as a registered nurse at a
correctional centre – where respondent Board makes
application for non-publication order to prohibit publication of
identities of patients, the notifier to the respondent Board and
staff employed at the correctional centre – where not
controversial that non-publication order regarding patients should
be made – whether Tribunal has discretion to make other
non-publication orders sought – whether discretion should be
exercised to make other non-publication orders sought
PROFESSIONS AND TRADES – HEALTH CARE PROFESSIONALS –
NURSES – DISCIPLINARY PROCEEDINGS
Legislation
Commonwealth
Acts compilation
Regulatory
Powers (Standard Provisions) Act 2014
18/04/2021 - Act No. 93 of 2014 as amended, taking into
account amendments up to Regulatory Powers (Standardisation Reform)
Act 2021 - Part 2—Monitoring; Part 3—Investigation;
Part 4—Civil penalty provisions; Part 5—Infringement
notices; Part 6—Enforceable undertakings; Expand Part
7—Injunctions
Regulations
Electoral
Legislation Amendment (Miscellaneous Measures) Regulations 2021
19/04/2021 - These regulations amend the Electoral and
Referendum Regulation 2016 to expand the electronically assisted
voting methods, which are currently only available to blind and low
vision voters, to Australians working in Antarctica. They also
amend the Electronic Transactions Regulations 2020.
Queensland
Subordinate legislation as made
No 28
Justice Legislation (COVID-19 Emergency Response—Documents
and Oaths) Amendment Regulation 2021 14/04/2021 - The policy
objectives of the Regulation are to clarify the intended operation
of the modified requirements or arrangements for the making,
signing and witnessing of wills, enduring documents and general
powers of attorney
No 30 Legal Profession (Society Rules) Amendment Notice 2021 16/04/2021
Bills updated
Queensland Veterans' Council Bill 2021
Introduced by: Hon A Palaszczuk MP on 22/04/2021
Stage reached: Referred to Committee on 22/04/2021
Exp Note
Youth Justice and Other Legislation Amendment Bill 2021
Introduced by: Hon M Ryan MP on 25/02/2021
Stage reached: 2nd reading adjourned on 21/04/2021
Defamation (Model Provisions) and Other Legislation Amendment Bill
2021
Introduced by: Hon S Fentiman MP on 20/04/2021
Stage reached: Referred to Committee on 20/04/2021
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.