In the media
Privacy concerns over Australian businesses collecting
data for Covid contact tracing
Australian businesses are being warned to be careful about
how they collect and store people's names and phone numbers
amid privacy concerns if contact lists are left out in the open, or
staff misuse the data (11 August 2020).
More...
Statement from the Attorney-General
The government respects the recommendations of the CCC.
However, given the limited time for the parliamentary Legal Affairs
Committee to consider the law changes the CCC seeks, the CCC Bill
introduced yesterday in State Parliament is withdrawn (14 August
2020). More...
Queensland Government won't stop media reporting
corruption allegations during elections
The controversial proposal to gag media from reporting
corruption allegations during election campaigns has been taken
"completely off the table,". In 2016, the CCC recommended
a new offence be established in relation to publicising allegations
of corrupt conduct during a local government election period (15
August 2020).
More...
Attorney-General wins Supreme Court action to cancel
Story Bridge protest
Attorney-General and Minister for Justice Yvette D'Ath
has won a Supreme Court action to cancel a mass protest planned on
Saturday 8 August at Brisbane's Story Bridge. The
Attorney-General was granted injunctive relief in the Queensland
Supreme Court under the Attorney-General Act 1999 (10 August 2020).
More...
Judicial Appointment - Chief Judge of the District Court
of Queensland
The Attorney-General and Minister for Justice, the
Honourable Yvette D'Ath MP, has announced the appointment of
His Honour Judge Brian Devereaux S.C., as the new Chief Judge of
the District Court of Queensland. His Honour will take up this new
role on Monday 17 August 2020 (13 August 2020). More...
In practice and courts
High Court (2021 Sittings) Rules 2020
The High Court of Australia has published the High Court
(2021 Sittings) Rules 2020, which set out the Court's sitting
schedule for 2021. The Rules are available
here.
ABA protocols - conduct of judges in Commonwealth courts
and AAT
Protocols directed to judicial conduct entered into by the
Australian Bar Association with the Federal Court of Australia, the
Family Court of Australia, the Federal Circuit Court of Australia
and the Administrative Appeals Tribunal have been recently updated.
The protocols are no longer restricted to conduct in court. The
updated protocols can be accessed
here.
Release of personal information under the Privacy Act
[NLD]
CDPP: 04 August 2020 - Relevant Australian Privacy
Principles, Disclosure
More...
DTA Consultation: Public Beta Style Manual
Would provide feedback from a larger number of users;
allow the Agency to test changes already made in response to
earlier feedback; and help to improve the Manual before it went
live. Read the Style
Manual public roadmap (03 August 2020). More...
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. 21/2020, 10 August 2020.
More...
LCA Submissions
10 August 2020— Law Council.
More...
Inquiries and consultations as of 12 August 2020
Insurance Inquiry, Australia Small Business and Family
Enterprise Ombudsman.
Inquiry into the human rights of women and girls in the
Pacific, Parliamentary Joint Standing Committee on Foreign
Affairs, Defence and Trade.
Litigation funding and the regulation of the class action
industry, Parliamentary Joint Committee on Corporations and
Financial Services (supplementary submission).
News media bargaining code, Australian Competition &
Consumer Commission.
Review of AFP Powers, Parliamentary Joint Committee on
Intelligence and Security.
Review of 'Declared Areas' Provisions, Parliamentary
Joint Committee on Intelligence and Security.
Royal Commission into Violence, Abuse, Neglect and Exploitation of
People with Disability, Royal Commission.
An Investigation into the effectiveness of ATO communications of
taxpayers' rights to complain, review and appeal,
Inspector-General of Taxation.
Review into the Framework of Religious Exemptions in
Anti-discrimination Legislation, Australian Law Reform
Commission.
ACMA position paper: Misinformation and news quality on
digital platforms in Australia
A position paper to guide code development—includes
a model code framework for consideration, including objectives and
outcomes to be achieved for the benefit of Australian users of
digital platforms. The ACMA anticipates to have in place a single,
industry-wide code by December 2020. The position paper,
Misinformation and news quality on digital platforms in Australia -
A position paper to guide code development has been published
on the ACMA website.
New Law Council of Australia Guidelines - Equitable
Briefing Policy
The Law Council's portal for the annual reporting by
Equitable Briefing Policy adoptees (Policy adoptees) will soon open
on 1 July 2020. To assist in this process, the Law Council has
updated its Equitable Briefing Policy
Reporting Template and Guidelines in response to feedback from
previous reporting periods. Policy adoptees have until 30 September
2020 to provide their annual report, and will be updated once the
portal is opened on 1 July 2020.
Queensland
QLS: Charging Outlays and Disbursements
One of the roles of the Trust Account Investigations (TAI)
team of the Queensland Law Society (the Society) is to assist and
provide guidance to practitioners and law practices regarding their
statutory obligations under the Legal Profession Act 2007 and Legal
Profession Regulation 2017 (the Regulation) (05 August 2020).
More...
Supreme Court of Queensland - Protocol for
Applications
A notice
has been issued by The Honourable Justice Lyons in relation to the
protocol for practitioners appearing in Applications. This protocol
applies from Monday 10 August 2020 until further notice.
QAO: Returning to the office: does this affect your
control environment?
Advice: 7 August 2020
Many people worked from home on a full-time basis due to the
COVID-19 pandemic, and are now able to start returning to their
workplaces.
More...
QAO Reports
Report 1: 2020–21
Family support and child protection system
This audit assessed how effectively Queensland public sector
entities work together for the safety and wellbeing of Queensland
children.
QCAT Practice Directions No.7 and No.8
QCAT President, the Hon Justice Martin Daubney AO has
issued two new practice directions relating to the Tribunal's
operations during COVID-19 which take effect from 3 August
2020.
Practice Direction No.7 of 2020 replaces Practice Direction
No.5 of 2020 and outlines arrangements for all non-urgent minor
civil dispute (MCD) matters from 3 August to 31 August 2020. This
practice direction does not apply to MCD matters heard by
magistrates.
Practice Direction No.8 of 2020 replaces Practice Direction
No.4 of 2020, and outlines arrangements for all other matters other
than guardianship and minor civil disputes from 3 August to 31
August 2020.
OIC Qld: RTI Fees Increased on 10
August 2020
In line with the Justice Legislation (Fees) Amendment
Regulation 2020 the Right to Information Act 2009's application
fee and processing charges increased on 10 August 2020 (11 August
2020).
More...
OIC Qld: Audit report – Disclosure logs -
Queensland Government departments
On 11 August 2020, the Chair of the Legal Affairs and
Community Safety parliamentary committee tabled our report on how
well Queensland Government departments meet the requirements for
operating a disclosure log set out in the Right to Information Act
2009 (Qld).
More...
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...
COVID-19 Update on Courts, Commissions, Tribunals
See current COVID-19 updates for the Courts, Commissions
and Tribunals
here.
Additionally, QLS also provides COVID-19 updates specifically
relating to
property law and
criminal law.
Feedback closes for latest Terms of Reference: review of
penalties for assaults on police and other frontline emergency
service workers, corrective services officers and other public
officers
Council would now be turning its attention to producing
the final report which is due to the Attorney-General by 31 August
2020. Submissions will be made available prior to the final report
being publicly released in September 2020. Preliminary submissions
are available on the Council's website
here.
Published - articles, papers, reports
Property, Construction and Modern Slavery: Practical
responses to managing risks to people
Australian Human Rights Commission and KPMG Australia:
August 2020.
The guide is designed to help this industry respond effectively to
the Modern Slavery Act 2018 (Cth).
The guide is relevant not only to businesses in the property and
construction sector required to report under the Modern Slavery Act
but also to their suppliers and investors with assets in the
property and construction sector.
More...
Advances to the Finance Minister for the Period 27 June
2020 to 31 July 2020
ANAO Assurance review (Auditor-General Report No.?3 of
2020–21): 13 August 2020
The Auditor-General undertook a limited assurance review of the
Department of Finance's reporting and administration of the
Advances to the Finance Minister (AFM) for the Period 27 June 2020
to 31 July 2020.
More...
Australia's cyber security strategy 2020
|Department of Home Affairs (Australia); Government of
Australia: 06 August 2020
Through this strategy, the Australian government will attempt to
build trust in the online world by supporting businesses' cyber
resilience, including by sharing threat information, setting clear
expectations of roles and strengthening partnerships. More...
Online fraud victimisation in Australia: Risks and
protective factors
Emami, Catherine, Smith, Russell, Jorna, Penny: Australian
Institute of Criminology: 31 July 2020 [Latest Update:
10-08-2020]
Online fraud includes dating or romance scams, deceptive sales of
products and services, dishonest investment schemes, lottery or
inheritance scams, working from home scams or lottery fraud
involving false prize draws or sweepstakes. These findings support
the development of targeted awareness-raising campaigns focusing on
the online behaviour most likely to lead to fraud victimisation. More...
Cases
'SW' and Australian Criminal Intelligence
Commission (No 2) (Freedom of information)
[2020] AICmr 36
Freedom of Information — Whether reasonable steps
taken to find documents — whether an agency could produce a
written document containing the information in discrete form
— (CTH) Freedom of Information Act 1982 ss 17 and 24A
Rex Patrick and Commonwealth Scientific and Industrial
Research Organisation (Freedom of information)
[2020] AICmr 34
Freedom of Information — Whether material in
documents irrelevant to the request — Whether documents
contain deliberative matter prepared for a deliberative purpose
— Whether contrary to the public interest to release
conditionally exempt documents —(CTH) Freedom of Information
Act 1982 ss 22, 11A(5) and 47C
Dan Conifer and National Disability Insurance Agency
(Freedom of information) [2020] AICmr
33
Freedom of Information — Whether disclosure would
damage Commonwealth-State relations — Whether documents
contain deliberative matter prepared for a deliberative purpose
—Whether contrary to the public interest to release
conditionally exempt documents — (CTH) Freedom of Information
Act 1982 —ss 11A(5), 47B, 47C and 55D
'SV' and Services Australia (Freedom of
information) [2020] AICmr
32
Freedom of Information — Whether reasonable steps
taken to locate documents — Whether disclosure would have a
substantial adverse effect on the proper and efficient conduct of
the operations of an agency — (CTH) Freedom of Information
Act 1982 ss 24A and 47E(d)
RSA Express Pty Ltd v Guilfoyle
[2020] FCA 1157
CONSTITUTIONAL LAW – consideration of an application
to dismiss paragraphs of an amended Statement of Claim which seek
to plead relief based upon facts said to give rise to a claim of
invalidity arising by operation of s 109 of the Constitution
– consideration of a claim said to arise under s 117 of the
Constitution – consideration of a claim said to arise under s
46(1)(a) of the Competition and Consumer Act 2010 (Cth)
TX Australia Pty Limited v Australian Competition and
Consumer Commission [2020] FCA
1100
COMMUNICATIONS LAW – administrative law –
broadcasting services – dispute between owner of broadcasting
transmission towers and access seeker – access sought by
third party on behalf of access seeker – third party acting
as agent of access seeker – whether Australian Competition
and Consumer Commission had jurisdiction to arbitrate a dispute
– cl 47(1), (1A) and (2) of Sch 4 to the Broadcasting
Services Act 1992 (Cth) – jurisdictional facts –
whether there was failure of agreement between owner and access
seeker about terms and conditions of access – whether there
was failure of agreement between owner and access seeker about
appointment of arbitrator – application dismissed
Clarence City Council v Commonwealth of
Australia [2020] FCAFC
134
HIGH COURT AND FEDERAL COURT – jurisdiction of the
Federal Court – power to award declaratory relief –
nature of a declaratory judgment – standing to seek
declaratory relief – discretion to award declaratory relief
– municipal councils seek declaration in respect of the
interpretation and application of leases to which they are not a
party – leases between Commonwealth and corporate lessees of
airports – contractual mechanism for payment of rates, land
tax and other taxes by lessees to councils – mechanism
contemplates that councils will participate in, and derive benefits
under, the leases – Commonwealth and lessees in agreement as
to calculation of payments – councils dispute calculation of
payments – whether councils have standing to seek declaratory
relief – whether councils have a sufficient interest in
declaratory relief – whether "matter" arises under
laws made by Commonwealth Parliament
CONSTITUTIONAL LAW – judicial power of the Commonwealth
– requirement for a "matter" – whether there
is a "matter" before the Court – whether there is a
justiciable controversy – whether there is an enforceable
right, duty or liability to found a "matter"
Held: appeals allowed – notices of contention dismissed
– a "matter" exists before the court –
councils have standing to seek declaratory relief – councils
have real commercial and practical interest in declaratory
relief
Airports Act 1996 (Cth); Airports (Transitional) Act 1996 (Cth);
Commonwealth Places (Application of Laws) Act 1970 (Cth), s 4;
Federal Court of Australia Act 1976 (Cth), ss 19(1), 21, 23; Fire
Service Act 1979 (Tas), Div 3 of Pt VI; Judiciary Act 1903 (Cth),
ss 39(1B), s 39A(1A), 39B(1A), 78B; Local Government Act 1993
(Tas), s 93A
Valuation of Land Act 2001 (Tas)
Chugha and Comcare (Compensation)
[2020] AATA 2835
The Reviewable Decision of the Respondent dated 4 April
2018 is set aside.
It is directed that within 14 days of the date of this
determination each party may apply to the Tribunal for orders
in
Application to cease payments – psychiatric injury –
credit in dispute – Facebook and social media – hearing
via Microsoft Teams – decision under review set aside
The proceedings took place pursuant to the COVID-19 Special
Measures Practice Direction – Freedom of Information ,
General and Veterans' Appeals Divisions ("COVID-19
Practice Direction") given under s 18B of the Administrative
Appeals Tribunal Act 1975 dated 27 April 2020
AB
v CD [2020] QCAT
295
ADMINISTRATIVE LAW – ADMINISTRATIVE TRIBUNALS
– QUEENSLAND CIVIL AND ADMINISTRATIVE TRIBUNAL – minor
civil dispute – where collection agent for applicant filed
application for minor debt at Southport Registry of Tribunal -
where collection agent not a party to the proceeding – where
collection agent did not apply for leave to represent applicant
– whether leave should be granted
ADMINISTRATIVE LAW – ADMINISTRATIVE TRIBUNALS –
QUEENSLAND CIVIL AND ADMINISTRATIVE TRIBUNAL – minor debt
claim – where applicant claimed child support payment
pursuant to federal legislation – where child support amount
deemed owing – where neither applicant nor respondent
resident in Queensland – where respondent did not file a
Response – whether applicant entitled to a default
decision
ADMINISTRATIVE LAW – ADMINISTRATIVE TRIBUNALS –
QUEENSLAND CIVIL AND ADMINISTRATIVE TRIBUNAL – minor debt
claim – jurisdiction – where no part of applicant's
cause of action arose within Queensland – where collection
agent's address the only connection with Queensland –
whether the Queensland Civil and Administrative Tribunal a court or
court of summary jurisdiction for purposes of federal legislation
providing for collection and recovery of child support money owing
– whether the Tribunal has jurisdiction
ADMINISTRATIVE LAW – ADMINISTRATIVE TRIBUNALS –
QUEENSLAND CIVIL AND ADMINISTRATIVE TRIBUNAL – minor debt
claim – exercise of jurisdiction – whether the Tribunal
ought to exercise jurisdiction
Australian Constitution 1901 Cth Chapter III, s 109; Acts
Interpretation Act 1901 Cth s 2B, s 15AB, s 15C
Acts Interpretation Act 1954 Qld Schedule 1; Child Support
(Registration and Collection) Act 1988 Cth s 3, s 4, s 104, s 113,
s 113A, s 116; Human Rights Act 2019 Qld s 25, Judiciary Act 1903
Cth s 32, s 39
Middleton
v Mirvac Real Estate Pty Ltd [2020] QCAT
289
HUMAN RIGHTS – DISCRIMINATION LEGISLATION –
INDIRECT DISCRIMINATION – where complainant says he has
post-traumatic stress disorder associated with fear of dogs –
where shopping centre permits companion dogs to enter –
whether complainant has established attribute of impairment –
whether unlawful discrimination
Anti-Discrimination Act 1991 Qld s 7(h), s 11
Chilcott
v South West Hospital and Health Service
[2020] QSC 232
ADMINISTRATIVE LAW – REASONS FOR ADMINISTRATIVE
DECISIONS – REQUEST FOR REASONS – where the applicant
was employed under an agreement to provide his services to a
hospital service in accordance with the terms of a locum agreement
– where the applicant's locum assignments were terminated
by the respondent – where the applicant requested
administrative access to all files that related to his employment
as a locum – where the first respondent refused the request
– where the applicant made an application under s 38 of the
Judicial Review Act 1991 (Qld) for a written statement in relation
to a decision – whether s 38 did not apply because the
refusal was not a decision made under an enactment – where
the court found that the refusal was not a decision made under an
enactment.
ADMINISTRATIVE LAW – REASONS FOR ADMINISTRATIVE DECISIONS
– REQUEST FOR REASONS – whether the applicant was a
health service employee appointed under the Hospital and Health
Boards Act 2011 (Qld) entitled to relevant documents under the
Public Service Regulation 2018 (Qld) – where the court found
that the applicant was not a health service employee.
Information Privacy Act 2009 Qld s 42; Judicial Review Act 1991 Qld
s 4, s 31, s 32, s 38; Public Service Act 2008 Qld; Public Service
Regulation 2008 Qld s 12; Public Service Regulation 2018 Qld s 1, s
14, s 17, s 19, s 22, schedule 3; Right to Information Act 2009
Qld; Statutory Instruments Act 1992 Qld s 14 ,schedule 1
Legislation
Commonwealth
Act Compilation
Crimes
Act 1914
08/08/2020 - Act No. 12 of 1914 as amended
Criminal
Code Act 1995
05/08/2020 - Act No. 12 of 1995 as amended
Freedom
of Information Act 1982
05/08/2020 - Act No. 3 of 1982 as amended
Freedom of Information Act 1982
Regulations
High
Court (2021 Sittings) Rules 2020
13/08/2020 - This instrument appoints the High Court days
of sitting for 2021.
Queensland
Bills updated
Disability Services and Other Legislation (Worker Screening)
Amendment Bill 2020
Stage reached: 2nd reading to be moved on 3/08/2020
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.
