In the media
HRLC: Federal Court rules that Medevac assessments by
Australian doctors must be considered by Minister
The Federal Court of Australia ruled that the Australian
Government has to consider applications for refugees on Manus and
Nauru made under the Medevac laws that are made in line with
standard Australian medical practices (19 June 2019).
More...
Police 'frustrated' at people posting on
Facebook about suspicious activity but not alerting them
Queensland police say they have noticed a
"frustrating" trend of people posting about suspicious
behaviour on Facebook without notifying them directly (22 June
2019).
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Woman jailed after defrauding Medicare
Talaiha Inia was sentenced to two years and nine
months' imprisonment after pleading guilty to lodging false
Medicare benefit claims valued at $224,986.80. In light of matters
personal to Ms Inia, she will be released after 10 months after
entering into a recognisance to be of good behaviour for three
years (21 June 2019).
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Father of pair accused of attacking police officer
charged over social media posts
Jared Pihlgren is denied bail and remanded in custody
after being charged with using a communication device to menace and
intimidation of a law enforcement officer over posts on Facebook
which have since been removed (19 June 2019).
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Auditor opens book on agency risks
The Australian National Audit Office
(ANAO) has released an interim report on the risks
posed by financial statements, governance arrangements and internal
controls in Commonwealth entities and how they might impact on
official audits (17 June 2019).
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Screen Australia produces new code
Screen Australia has replaced its mandatory code of
conduct for preventing sexual harassment with a new code developed
jointly by the Screen Producers Australia (SPA)
and the Media Entertainment and Arts Alliance
(MEAA) (17 June 2019).
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QLS: Proposed "claims farming'' laws will
stamp out predatory practice
Proposed laws to stamp out so-called "claim
farming" would protect Queenslanders from predatory and
unscrupulous operators trawling for personal injury claims,
according to the state's peak legal body (14 June 2019).
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Seven agrees to court-enforced independent review of
Sunrise
Earlier this year ACMA found that the panel segment,
broadcast in March 2018, breached the Commercial TV Code of
Practice. Now Seven must conduct an independent review of how and
which relevant production processes on Sunrise ensure code
compliance around sensitive and complex matters (17 June 2019).
More...
See ACMA statement MS 21/2019 (14 June).
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10 years on: Queensland government agencies'
self-assessment of their progress in right to information and
information privacy
Queensland's Office of the Information
Commissioner's report 10 years on: Queensland government
agencies' self-assessment of their compliance with the
Right to Information Act 2009 (Qld) and the
Information Privacy Act 2009 (Qld), was tabled in
Parliament (13 June 2019).
More...
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New district court judge and new magistrates for
Queensland
A new judge has been appointed to the District Court of
Queensland, along with three new magistrates. Attorney-General
Yvette D'Ath said Ken Barlow QC would be appointed to the
District Court and Kurt Fowler, Bronwyn Hartigan and Peter Saggers
would be appointed as magistrates (13 June 2019).
More...
Queensland Budget proves to be justice investment
bonanza: QLS
The Queensland Budget has proven to be a much needed and
long overdue funding boon in justice investment, according to
Queensland's peak legal body, on a wide range of important
issues such as an investment in court infrastructure ($57.7m),
Queensland Civil and Administrative Tribunal ($13.1m) and Youth
Justice ($550m) (11 June 2019).
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In practice and courts
Commonwealth Ombudsman: Defence Force Retirement and
Death Benefits (DFRDB)
The Ombudsman is undertaking an own motion investigation
into the administration of the Defence Force Retirement and Death
Benefits (DFRDB) scheme, specifically the issue of
commutation. Please complete this form and return to the Office by
30 June 2019.Forms must be emailed no later than 30 June 2019.
More...
Current Senate Inquiries
Standing Committee of Privileges
Development
of a foreign influence transparency scheme to apply to
parliamentarians
Standing Committee on Regulations and Ordinances
Parliamentary
Scrutiny of Delegated Legislation
The Senate has granted an extension of time for reporting closed on
3 June 2019.
AHRC: Commission calls for public submissions
The AHRC has released an issues paper for 'Free
and Equal': An Australian conversation on human rights and
has called for public submissions. Submissions are open until 12
July 2019. See the
issues paper.
More...
ACCAN Submission: NBN Transfer Code
Released: 05 June 2019 In our submission ACCAN recommended
that the Code be reconfirmed, and that: the code incorporate
reference to the Australian Privacy Principles for smaller
providers in order to ensure a consistent industry wide approach to
privacy.
More...
Queensland
CCC Investigations
CCC determines not to investigate allegations of corrupt conduct
relating to the Deputy Premier - 14 June 2019
OIC Queensland Decisions
82PNLR and Queensland Police Service [2019] QICmr 21 (13 June
2019)
0Q3KKM and Queensland Police Service [2019] QICmr 20 (11 June
2019)
QAO: The role of audit committees in financial
reporting
10 June 2019 Advice - Audit committees are typically
assigned a broad range of responsibilities under their charters .
More...
Update: Queensland Sentencing Advisory Council:
Intermediate sentencing options and parole
The due date for the final report has been extended by
three months, by letter from the Attorney-General and Minister for
Justice, and Leader of the House, to 31 July 2019.
More...
Published – articles, papers, reports
Interim Report on Key Financial Controls of Major
Entities
ANAO: 13 June 2019
Significant and moderate findings arising from the interim audits
are reported to the responsible Minister(s), and all findings are
reported to those charged with governance of each entity.
More...
Cases
Burchell and National Disability Insurance
Agency [2019] AATA
1256
ADMINISTRATIVE LAW – statutory interpretation
– Migration Act 1958 (Cth) s 198E(7), where
statutory scheme provides for Minister's approval for the
transfer to Australia for medical assessment or treatment of a
transitory person located in a regional processing country –
where access to scheme initiated by two or more "treating
doctors" notifying the Secretary under s 198E(1) and thereupon
Secretary notifying the Minister – whether Secretary notified
by two "treating doctors" – where "treating
doctor" is defined by s 198E(7) as being a medically qualified
person who "has assessed the transitory person either remotely
or in person" – meaning of "remotely"
considered in the context of an assessment which involved no
personal engagement between the assessor and the transitory person
– whether in an assessment conducted "remotely",
personal engagement between the assessor and the transitory person
is a necessary condition to engage the definition of "treating
doctor" – whether such a construction involves the
impermissible reading into s 198E(7)(b) of implied words –
declaration made that two "treating doctors" had notified
the Secretary under s 198E(1) – order made for Secretary to
notify Minister
Home Affairs Legislation Amendment (Miscellaneous Measures) Act
2019 (Cth), Sch 6
Migration Act 1958 (Cth), ss 5, 198AD, 198E, 198E(1),
198E(2), 198E(2)(b), 198E(3), 198E(3A), 198E(4), 198E(5), 198E(7),
198E(7)(a), 198E(7)(b), 198F, 198F(1), 198F(2), 198F(2)(a),
198F(3), 198F(5), 199A(2), 199B, 199B(3), 199C, 199D, 199D(4)
As soon as practicable, the respondent notify the Minister for Home
Affairs that the applicant is a relevant transitory person for the
purposes of s 198E(1) of the Migration Act 1958 (Cth).
Vito Mitolo & Son Pty Ltd v Mitolo Wines Aust Pty
Ltd [2019] FCA 903
ADMINISTRATIVE LAW — application for an extension of
time within which to lodge an application for judicial review under
the Administrative Decisions (Judicial Review) Act 1977
(Cth) of a decision of a delegate of the Registrar of Trade Marks
— where the application for an extension of time and the
substantive application were heard together — consideration
of the principles relevant to whether an extension of time should
be granted
TRADE MARKS — where the first respondent lodged applications
for the registration of trade marks under the Trade Marks Act
1995 (Cth) — where the applicant filed a notice of
intention to oppose the registration of the trade marks —
where the applicant made a request under reg 5.15 of the Trade
Marks Regulations 1995 (Cth) for an extension of time within which
to file evidence in support of its opposition — where the
delegate refused the request and gave reasons
ADMINISTRATIVE LAW — whether the delegate erred in finding
that there were not exceptional circumstances justifying the
extension of time under reg 5.15(2)(b) — consideration of the
meaning of "exceptional circumstances" — whether
the delegate considered the relevant circumstances as a whole or in
aggregate in assessing whether there were exceptional circumstances
for the purposes of reg 5.15(2)(b)
Roadshow Films Pty Limited v Telstra Corporation
Limited [2019] FCA
885
COPYRIGHT – application for "site
blocking" orders under s 115A of the Copyright Act
1968 (Cth) – whether requirements of s 115A satisfied
– whether orders should be made
Copyright Act 1968 (Cth) s 115A; Copyright Amendment
(Online Infringement) Act 2018 (Cth)
Mylan Health Pty Ltd (formerly BGP Products Pty Ltd) v Sun
Pharma ANZ Pty Ltd (formerly Ranbaxy Australia Pty Ltd) (No
2) [2019] FCA 883
PATENTS – costs of patent proceeding – whether
unsuccessful applicant (patentee) should be required to pay all of
respondent's costs – where respondent unsuccessful on
some issues – apportionment justified – applicant to
pay 80% of respondent's costs. Federal Court of Australia
Act 1976 (Cth) s 43
NWFQ and Privacy Commissioner [2019]
AATA 1302
PRIVACY – review of decision of the Privacy
Commissioner – where Commissioner found that data security
failure caused interferences with the Applicant's privacy in
breach of Part III of the Privacy Act 1988 – where
it was determined that the Other Parties were consequently liable
to pay compensation for non-economic loss and her legal expenses
– whether the sums payable by the Other Parties should be
increased – whether Applicant is entitled to aggravated
damages – decision under review is affirmed. Freedom of
Information Act 1982; Privacy Act 1988 s 52
Phonographic Performance Company of Australia Limited v
Copyright Tribunal of Australia [2019] FCAFC
95
COPYRIGHT — application for judicial review of a
decision of the Copyright Tribunal of Australia made on a reference
under s 154(4) of the Copyright Act 1958 (Cth) —
where the first applicant sought approval of a licence scheme for
the subscription television industry for the use of copyright and
sound recordings owned or controlled by persons and entities it
represents — where the first applicant is a copyright
collecting society
ADMINISTRATIVE LAW — whether the Tribunal asked itself the
wrong question and failed to accord procedural fairness to the
first applicant — where the Tribunal engaged in a process of
judicial estimation to determine whether the proposed licence fee
was reasonable or equitable in the circumstances
ADMINISTRATIVE LAW — whether the Tribunal failed to consider
charges payable by the second respondent pursuant to an agreement
under which it was granted a non-exclusive licence to broadcast or
communicate certain musical works and lyrics — whether the
Tribunal failed to take into account a mandatory relevant
consideration — whether the Tribunal failed to accord
procedural fairness to the first applicant by not dealing with a
clearly articulated case — whether the Tribunal misconstrued
"in the circumstances" in s 154(4) of the Act
ADMINISTRATIVE LAW — whether the Tribunal failed to consider
charges payable by commercial television providers — whether
the Tribunal failed to take into account a mandatory relevant
consideration and thereby failed to accord procedural fairness to
the first applicant — whether the Tribunal made findings for
which there was no evidence, or which were irrational —
whether the Tribunal erred in its approach to calculating a
"substantial" increase in fees
ADMINISTRATIVE LAW — whether the Tribunal erred in
determining that it had power to vary the proposed licence scheme
to incorporate rights which had not been licensed to the first
applicant — consideration of the power conferred on the
Tribunal by s 154(4) of the Act
COPYRIGHT — consideration of the history, context and purpose
of Part VI of the Act — consideration of the definitions of
"licence", "licensor" and "licence
scheme" in s 136(1) of the Act — consideration of the
nature of a "licence scheme" under s 136(1) of the
Act
ADMINISTRATIVE LAW — whether it is appropriate to set aside
the Tribunal's decision and refer the entire matter back to the
Tribunal for reconsideration — where the Court has the power
to set aside part of a decision pursuant to s 16 of the
Administrative Decisions (Judicial Review) Act 1977 (Cth)
— where the Tribunal treated the decision as to price
separately from that as to power
Solar SG Pty Ltd t/as Solar Service Group v
Hufton [2019] NSWCATAP
147
APPEAL – Leave to appeal on a ground other than a
question of law – Whether Tribunal's decision fair and
equitable – Whether Tribunal's decision against the
weight of evidence – Whether significant new evidence had
arisen since the hearing below – Whether leave should be
given to admit evidence available below
Cheng v Bugno [2019] NSWCATAP
148
APPEAL– new trial – procedural fairness
– notice of hearing – service in accordance with NCAT
Rules – when departure from rules of natural justice will
entitle aggrieved party to a new trial — whether compliance
with rules of natural justice would have made any difference to the
result LANDLORD AND TENANT – residential tenancies
legislation – excessive rent – proof
Cynthia Jian Er Huang t/as Auchland and Co v
Younes [2019] NSWCATAP
153
PROCEDURAL FAIRNESS – where applicant lodged
incorrect form in the Tribunal EVIDENCE – whether the
Tribunal acted on no evidence – legal reasonableness of
decision
TRG v The Board of Trustees of the Brisbane Grammar
School [2019] QSC
157
STATUTES – ACTS OF PARLIAMENT – INTERPRETATION
– INTERPRETATION ACTS AND PROVISIONS – where the
applicant reached a settlement agreement with the respondent in
2002 in relation to claims of institutional sexual abuse at
Brisbane Grammar School during 1987 and 1988 – where the
applicant applied under s 48(5A) of the Limitation of Actions
Act 1974 for an order setting aside the settlement agreement
– where the Act provides that a court may set aside a
previous settlement agreement if it is "just and
reasonable" to do so – where the parties disagreed on
the meaning and scope of "just and reasonable" under the
Act – whether it was just and reasonable for the court to set
aside the settlement agreement
Legislation
AusCheck
Legislation Amendment (2019 Measures No. 1) Regulations
2019
19/06/2019 – These regulations amend the AusCheck
Regulations 2017, the Aviation Transport Security Regulations 2005
and the Maritime Transport and Offshore Facilities Security
Regulations 2003 to provide for more reliable and accurate outcomes
from the AusCheck scheme, enhance efficiencies within the processes
of the scheme and improve the security of the scheme.
Schedule 1—Document Verification Service
(ia) if the Category A identification document for the individual
is determined under section 5AA—details of one or more
Category B identification documents or Category C identification
documents for the individual, being details AusCheck can use to
verify electronically the individual's identity for the
purposes of a background check;
Queensland
Bills
Civil Liability and Other Legislation Amendment Bill 2018
Introduced by: Hon Y D'Ath MP on 15/11/2018
Stage reached: 2nd reading adjourned on 12/06/2019
Youth
Justice and Other Legislation Amendment Bill 2019
Introduced by: Hon D Farmer MP on 14/06/2019 Stage reached:
Referred to Committee on 14/06/2019
The Bill makes a number of priority amendments to remove
legislative barriers that may contribute to children being refused
bail, breaching bail conditions or remaining in detention on remand
for an extended period. Importantly, the Bill does not remove
discretion and aims to strike a balance between maintaining
community safety and enabling the appropriate release of a child
from custody.
Motor
Accident Insurance and Other Legislation Amendment Bill
2019
Introduced by: Hon. J Trad MP on 14/06/2019 Stage reached: Referred
to Committee on 14/06/2019
The Bill's policy objective is to stop claim farming.
'Claim farming', as it is known in the insurance industry,
involves anonymous persons contacting members of the public, from
local or overseas call-centres or via email or social media, to ask
whether they or a family member have been involved in a motor
vehicle accident.
Subordinate legislation as made
No 97
Proclamation No. 1—Human Rights Act 2019 (commencing
certain provisions)
This Proclamation, made under the Human Rights Act 2019,
fixes 1 July 2019 for the commencement of certain provisions of the
Act. 14 June 2019
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.