In the media
AHRC: Modern slavery 'hidden in plain
sight'
The Federal Government's proposed Modern Slavery Bill
2018 would require mandatory annual reporting by large
businesses and organisations on the risks of modern slavery in
their supply chains and operations. The Bill would also require the
Federal Government to publish an annual statement covering possible
modern slavery risks in Commonwealth procurement (03 July 2018).
More...
Justice Project nears completion
The Justice Project team has been finalising a large number of
recommendations, group-by-group priorities, overarching themes and
chapters which will form the final Justice Project Report. Once
complete, the Justice Project will be one of the most comprehensive
and national reviews into the state of access to justice in
Australia for people experiencing disadvantage (29 June 2018).
More...
Prosecution Matter
The Attorney-General confirms a former staff member of the
Australian Secret Intelligence Service and a Mr Bernard Collaery, a
former staff member will be charged with an offence of conspiracy
to communicate ASIS information, contrary to section 11.5 of the
Criminal Code and section 39 of the IS Act (28 June 2018).
More...
Witness K' and his lawyer charged over East Timor
spying revelations
Lawyer Bernard Collaery, whose client exposed a secret Australian
spying operation in East Timor, says a prosecution launched against
them both is an attack on his profession, a "very brave and
courageous veteran" and freedom of speech (28 June 2018).
More...
Queensland's first Sentencing Guide
launched
The Queensland Sentencing Advisory Council has launching the
state's first sentencing guide, which follows a pilot project
in South West Queensland which investigated ways to enhance
engagement with rural and remote communities and help increase
understanding of the sentencing process (26 June 2018).
More...
Innovative court program begins in Cairns
Cairns has become the first centre outside Brisbane to operate the
Court Link program, a new initiative designed to address and
overcome the underlying causes of offending. Attorney-General
Yvette D'Ath lauded the program, which is based on individual
case management and monitoring (25 June 2018).
More...
Queensland Legislation
Police Powers and Responsibilities and Other Legislation
Amendment Bill 2018
The Legislative Assembly referred the Bill to the Legal Affairs and
Community Safety Committee (the committee) for
detailed consideration. The committee is required to report by 9
August 2018.
More...
Claim farming submission update
Leading on from last week's update on claim farming, Queensland
Law Society has now made its submission to the Motor Accident
Insurance Commission (MAIC) (04 July 2018).
More...
Supreme Court Practice
Practice Direction
8/2014 - Electronic devices in courtrooms (amended) – 27
June 2018.
Practice Direction
13 of 2018 - Non-party access to bail files before hearing
– 27 June 2018.
OIC Queensland: 1 July increase to fees and
charges
The application fee and processing charges for applications made
under the Right to Information Act 2009 and the
Information Privacy Act 2009 changed on 1 July 2018.
More...
Queensland Sentencing Advisory Council: Queensland
Sentencing Guide 2018 released
The
Queensland Sentencing Guide has been developed as part of the
Council's role to inform and engage Queenslanders on the
complexities of criminal sentencing. The guide explains how
Queensland courts sentence adults found guilty of an offence and
also includes a glossary to help simplify language commonly used in
the sentencing process (26 June 2018).
Queensland Sentencing Advisory Council: Call for
submissions — Sentencing for child homicide
offences
The Queensland Sentencing Advisory Council is seeking your views on
sentencing for child homicide offences. Community input into the
review is important to ensure the views of Queenslanders can be
taken into account by the Council in its advice to the
Attorney-General. The Submissions deadline is 31 July 2018.
Summary paper
Consultation paper Make a
submission
QAO Consultation: Delivery of shared services in
Queensland
The objective of this audit is to assess whether the Queensland
Government's shared service functions are delivering value for
money now, and are well positioned to successfully deliver into the
future.
More...
Published – articles, papers, reports
Sentencing and treatment of juvenile sex offenders in
Australia
Riddhi Blackley, Lorana Bartels; Australian Institute of
Criminology: 05 July 2018
This paper examines sentencing and treatment practices for juvenile
sex offenders in Australia and the challenges of reconciling the
imperatives of rehabilitation, accountability and community
protection. More...
Review of the operation of Schedule 5 to the
Broadcasting Services Act 1992
Department of Communications, Information Technology and the
Arts (Australia): 26 June 2018
This is the report of the Review of Schedule 5 to the
Broadcasting Services Act 1992 (the Act),
conducted by the Department of Communications, Information
Technology and the Arts (the Department). Schedule
5 of the Act establishes the Online Content Co-regulatory Scheme
(the Scheme), which commenced on 1 January 2000.
More...
Reviews of the Enhancing Online Safety Act 2015
and the Online Content Scheme - discussion paper
Department of Communications and the Arts (Australia): 26 June 2018
This discussion paper is the starting point of two reviews inviting
stakeholders and interested parties to provide their views about
the Online Safety Act and the Online Content Scheme in Schedules 5
and 7 to the BSA, which regulates the internet industry and content
services industry, in relation to prohibited and potentially
prohibited content. More...
Advisory report on the Foreign Influence Transparency
Scheme Bill 2017
Parliamentary Joint Committee on Intelligence and Security;
Parliament of Australia: 26 June 2018
This advisory report examined the Bill to strengthen the
transparency of foreign influence in Australia's political and
government decision making. More...
Review of the operation of Schedule 5 to the
Broadcasting Services Act 1992
Department of Communications, Information Technology and the
Arts (Australia): 26 June 2018
Schedule 5 of the Act establishes the Online Content Co-regulatory
Scheme (the Scheme), which commenced on 1 January
2000. More...
Investigation into child sex offender Robert
Whitehead's involvement with Puffing Billy and other railway
bodies
Victorian Ombudsman: 25 June 2018
People in positions of authority at Puffing Billy and other
Victorian railway groups protected the reputation of their
organisations at the expense of children who were sexually abused,
the Victorian Ombudsman has found. More...
Senate Order for Departmental and Entity Contracts
(Financial Year 2016–17 Compliance)
ANAO report No 49: 25 June 2018
The objective of this audit was to assess the appropriateness of
the use and reporting of confidentiality provisions in a sample of
Australian Government contracts.
More...
Audit of complaints investigated by Professional
Standards Command, Victoria Police
Independent Broad-based Anti-Corruption Commission
(IBAC): 22 June 2018
This report identifies areas for improvement in Victoria
Police's internal investigations of serious complaints
concerning allegations, such as corruption and assault made about
its officers. More...
Cases
Hutchison v Australian Securities and Investments Commission
[2018] FCA 1002
ADMINISTRATIVE LAW – Appeal from decision of
Administrative Appeals Tribunal – whether a decision to
decline to require production of documents under s.37(2) of the
Administrative Appeals Tribunal Act 1975 (Cth) is a decision
within the meaning of s.44(1) – whether decision
determinative –proposed appeal incompetent.
The application for production was made in the context of a broader
review by the Tribunal of a decision made by the Australian
Securities and Investments Commission (ASIC) to
ban Mr Hutchison from the financial services industry.
'PD' and Australian Skills Quality Authority (Freedom
of information) [2018] AICmr 57
Freedom of Information — Whether disclosure would disclose
the existence or identity of a confidential source of information
— Whether documents contain deliberative matter prepared for
a deliberative purpose — Whether disclosure would
unreasonably affect an organisation in respect of its lawful
business affairs — Whether contrary to the public interest to
release conditionally exempt documents — (CTH) Freedom of
Information Act 1982 ss.11A(5), 37(1)(b), 47C and 47G.
Workers' Compensation Regulator v Pryszlak [2018] QCA
157
ADMINISTRATIVE LAW – JUDICIAL REVIEW – GROUNDS OF
REVIEW – JURISDICTIONAL MATTERS – where information was
provided in support of the respondent's application for an
extension of time within which to review the decision of the
original decision-maker that was not available to the original
decision maker – where, on judicial review, it was found that
the appellant failed to consider the merits of the respondent's
claim – whether the failure of the appellant to consider the
merits of the respondent's claim involved a failure to consider
relevant matter which thereby vitiated the appellant's
decision.
Gundachar v Commissioner of State Revenue [2018] QCAT
189
ADMINISTRATIVE LAW – ADMINISTRATIVE TRIBUNALS –
QUEENSLAND CIVIL AND ADMINISTRATIVE TRIBUNAL – review of a
decision by the Commissioner of State Revenue under the
Building Boost Grant Act 2011 (Qld) – where off the
plan contract in respect of a staged development – where
building work in respect of early stages started before 1 May 2013
– what constitutes building work for purpose of Act –
whether building work under the contract started before 1 May
2013.
Richard Rudd and Civil Aviation Safety Authority (Freedom of
information) [2018] AICmr 56
Freedom of Information — Whether disclosure would have a
substantial adverse effect on the management or assessment of
personnel — Whether disclosure of personal information is
unreasonable — Whether contrary to public interest to release
conditionally exempt documents — (CTH) Freedom of
Information Act 1982 ss.11A(5), 47E(c) and 47F.
Carlisle Homes Pty Ltd v Tick Homes Pty Ltd [2018] FCA
973
COPYRIGHT – application for an interlocutory injunction
restraining reproduction and sale of house plans and building
houses in accordance with the plans – allegation of copying
house plans in infringement of copyright in the plans – prima
facie case established – damages an adequate remedy –
balance of convenience against grant of interlocutory injunction
– application dismissed. Copyright Act 1968
(Cth).
AT v Bundaberg Regional Council [2018] QCAT
179
HUMAN RIGHTS – PRIVACY LEGISLATION –information
privacy.
Legislation
Commonwealth
Acts
Copyright Amendment (Service Providers) Act
2018
Act No. 71 of 2018 – 04 July 2018.
National Security Legislation Amendment (Espionage and Foreign
Interference) Act 2018
Act No. 67 of 2018 – 03 July 2018.
Bills
Copyright Amendment (Service Providers) Bill
2017
Finally passed both Houses 28 Jun 2018 Assent Act no: 71 Year: 2018
29 Jun 2018 Amends the Copyright Act 1968 to extend the
operation of the safe harbour scheme to a broader range of service
providers, including educational institutions, libraries, archives,
key cultural institutions and organisations assisting persons with
a disability.
Broadcasting Legislation Amendment (Foreign Media Ownership and
Community Radio) Bill 2017
Senate Third reading agreed to 28 June 2018 - Amends the:
Broadcasting Services Act 1992 to: establish a Register of
Foreign Ownership of Media Assets to be administered by the
Australian Communications and Media Authority
(ACMA); provide for new assessment criterion for
the applications for, and renewals of, community radio broadcasting
licences relating to material of local significance; and make
consequential amendments; and Australian Communications and
Media Authority Act 2005 to enable the ACMA to delegate the
power to issues certain notices.
Crimes Legislation Amendment (Powers, Offences and Other
Measures) Bill 2018
House of Representatives Consideration in detail debate Amendment
details: 2 Government agreed to; Third reading agreed to 27 June
2018 - Amends the: Australian Federal Police Act 1979 to
clarify the functions of the Australian Federal Police to enable
cooperation with international organisations and non-government
organisations; Crimes Act 1914 to: clarify the custody
notification obligations of investigating officials when they
intend to question an Aboriginal person or Torres Strait Islander;
create separate offence regimes for 'insiders' and
'outsiders' for the disclosure of information relating to
controlled operations; remove an obsolete reference to the death
penalty; amend procedural requirements relating to protections of
the identity of a vulnerable witness or complainant in a criminal
proceeding; authorise collection, use and disclosure of information
for the purposes of preventing, detecting, investigating or dealing
with fraud or corruption against the Commonwealth; and enable the
New South Wales Enforcement Conduct Commission to use and disclose
spent conviction information; and Criminal Code Act 1995
to increase the maximum applicable penalties for breach of the
general dishonesty offences.
Foreign Influence Transparency Scheme Bill
2018
Senate Finally passed both Houses 28 June 2018 Assent Act no: 63
Year: 2018 29 June 2018 - Introduced with the Foreign Influence
Transparency Scheme (Charges Imposition) Bill 2017, the bill
establishes the Foreign Influence Transparency Scheme to: require
registration by certain persons undertaking certain activities on
behalf of a foreign principal; require registrants to disclose
information about the nature of their relationship with the foreign
principal and activities undertaken pursuant to that relationship;
place additional disclosure requirements on registrants during
elections and other voting periods; establish a register of scheme
information and provide for certain information to be made publicly
available; provide the secretary with powers to obtain information
and documents; and establish various penalties for non-compliance
with the scheme.
National Security Legislation Amendment (Espionage and Foreign
Interference) Bill 2017
Senate Finally passed both Houses 28 June 2018 Assent Act no: 67
Year: 2018 29 June 2018
Amends: the Criminal Code Act 1995 to: amend existing, and
introduce new, espionage offences relating to a broad range of
dealings with information, including solicitation and preparation
and planning offences; introduce new offences relating to foreign
interference with Australia's political, governmental or
democratic processes; replace the existing sabotage offence with
new sabotage offences relating to conduct causing damage to a broad
range of critical infrastructure that could prejudice
Australia's national security; introduce a new offence relating
to theft of trade secrets on behalf of a foreign government; amend
existing, and introduce new, offences relating to treason and other
threats to national security, such as interference with Australian
democratic or political rights by conduct involving the use of
force, violence or intimidation; introduce a new aggravated offence
where a person provides false or misleading information relating to
an application for, or maintenance of, an Australian Government
security clearance; eight Acts to make consequential amendments;
the Crimes Act 1914 and Criminal Code Act 1995 to
replace certain existing, and introduce new, offences relating to
secrecy of information; 20 Acts to make consequential amendments;
the Telecommunications (Interception and Access) Act 1979
to amend the definition of a 'serious offence' to include
the offences provided for by the bill; and the proposed Foreign
Influence Transparency Scheme Act 2017 to amend the
definitions of 'electoral donations threshold',
'general political lobbying' and 'political or
governmental influence'.
Freedom of Speech Legislation Amendment (Security) Bill
2018
Senate Introduced and read a first time 27 June 2018; Second
reading moved Amends the Australian Security Intelligence
Organisation Act 1979, Crimes Act 1914 and Criminal Code
Act 1995 to remove certain restrictions on speech.
Freedom of Speech Legislation Amendment (Insult and Offend)
Bill 2018
Senate Introduced and read a first time 27 June 2018; Second
reading moved. Amends 23 Commonwealth Acts to remove certain
restrictions on insulting or offensive speech.
Freedom of Speech Legislation Amendment (Censorship) Bill
2018
Senate Introduced and read a first time 27 June 2018; Second
reading moved Amends the Classification (Publications, Films
and Computer Games) Act 1995 to remove the ban on
publications, films and computer games that offend against
standards of morality, decency and propriety; and Broadcasting
Services Act 1992 to: remove bans on broadcasting, datacasting
and online content, with a specific focus on bans affecting
services provided behind paywalls; narrow the guidance provided by
government to broadcasting industries and datacasting licensees in
the development of codes of practice; remove certain restrictions
on subscription television broadcasters and online content services
relating to programs or content that has been or would be
classified as X 18+, 'category 1 restricted' or
'category 2 restricted'; and remove a ban on broadcasting
electoral advertising relating to a federal, state, territory or
local election on election day or on the preceding Thursday or
Friday.
Office of National Intelligence (Consequential and Transitional
Provisions) Bill 2018
House of Representatives Introduced and read a first time 28 2018;
Second reading moved. Introduced with the Office of National
Intelligence Bill 2018 to implement the recommendation of the
2017 Independent Intelligence Review to establish an Office of
National Intelligence (ONI), the bill: repeals the
Office of National Assessments Act 1977; amends 18 Acts to
make consequential amendments; amends the Criminal Code Act 1995 to
make amendments contingent on the National Security Legislation
Amendment (Espionage and Foreign Interference) Act 2018; and
provides for transitional arrangements.
Regulation
Privacy
(Credit Reporting) Code 2014 (Version 2)
28/06/2018 - This instrument repeals and replaces the Privacy
(Credit Reporting) Code 2014 (Version 1.2) to clarify
obligations under the code, reflect current industry practice and
ensure consistency with the provisions in the Privacy Act
1988.
Queensland
Subordinate legislation as made
No 100: Disposal of Unexecuted Warrants Regulation 2018 06/07/2018
Bills Updated in the last week
Ministerial and Other Office Holder Staff and Other Legislation
Amendment Bill 2018
Introduced by: Hon A Palaszczuk MP on 15/05/2018,
Stage reached: Report from Committee on 5/07/2018.
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.