Media
Review of Public Interest Disclosure Act
2010commences
Following a report by Professor Coaldrake AO into the Queensland
public sector, the state government had begun a review of the
Public Interest Disclosure Act 2010. The Act facilitates the
disclosure of information about wrongdoing in the public sector
when it is in the public interest to do so, as well as providing
protections for those who make disclosures (23 November 2022). More...
Action for victim-survivors of sexual
violence
The Queensland Government has released its response to the
Women's Safety and Justice Taskforce report Hear her voice
– Report Two – Women and girls experiences across the
criminal justice system. The Taskforce's report has shone a
light on the experiences of victim-survivors of sexual violence and
women and girls in the criminal justice system in the state (21
November 2022). More...
Queensland's state-run Driver Reviver sites to
close
The Department of Transport and Main Roads says all 23
government-owned Driver Reviver sites will close because they no
longer meet health and safety regulations following a safety
assessment last year. A further 20 privately run sites will remain
open (21 November 2022).
More...
Container change scheme to be expanded
The Department of Environment and Science is considering an
extension of the state's Containers for Change program to
include glass wine and spirit bottles. Before the Containers for
Change program was introduced only 18 per cent of beverage
containers were recovered and recycled, now that number has grown
threefold to 65 per cent (15 November 2022).
More...
Regional Queensland startup founder Julia Spicer named
the state's new Chief Entrepreneur
Successful businesswoman and Order of Australia medal recipient
Julia Spicer has been appointed as Queensland's new Chief
Entrepreneur. Outgoing Chief Entrepreneur Wayne Gerard will
continue to provide invaluable experience on the Brisbane 2032
Legacy Committee (9 November 2022). More...
New laws to benefit unit owners in
Queensland
Reforms to Queensland's body corporate laws were recently
passed in the Queensland Parliament. The passage of the Building
Units and Group Titles and Other Legislation Amendment Bill 2022
has resulted in changes to the Building Units and Group Titles Act
1980 and Mixed Use Development Act 1993 to provide more transparent
and fairer body corporate arrangements in relevant developments (8
November 2022). More...
Publications
State of the Climate 2022 - Australia continues to warm,
heavy rainfall becomes more intense
The State of the Climate Report 2022, released by CSIRO and the
Bureau of Meteorology, has found changes to weather and climate
extremes are happening at an increased pace across Australia. The
report shows an increase in extreme heat events, intense heavy
rainfall, longer fire seasons and sea level rise. The report draws
on the latest climate monitoring, science and projection
information to detail Australia's changing climate now and into
the future. Read the report
here.
Report Card on $100b goal highlights the good and the
bad of 2022
The National Farmers' Federation has released its 2022 Report
Card – tracking progress against the industry's goal to
be Australia's next $100 billion industry. The latest figures
show that despite significant seasonal challenges facing farmers,
the industry's performance is holding surprisingly firm. To
view the Report Card, click here.
New report reveals the extent of student
spending
Students living in purpose-built student accommodation (PBSA) spend
almost as much per month as the average Australian, according to a
new report by the Student Accommodation Council. The
first-of-its-kind report also reveals more Australian students are
living in PBSA than ever before, with domestic students making up
almost a quarter of all PBSA residents, almost the same number as
international students from China. Read more
here.
Implementation and delivery of COI
recommendations
On 9 August 2022, in accordance with the Commissions of Inquiry
Order (No.1) 2022, the Honourable Gerald Edward (Tony) Fitzgerald
AC QC and the Honourable Alan Wilson QC provided their report on
the Commission of Inquiry relating to the Crime and Corruption
Commission (CCC). The report included 32 recommendations. The CCC
is committed to implementing the recommendations and will publicly
release quarterly progress reports. Read the first of these reports
here.
Managing workforce agility in the Queensland public
sector
Recent crisis management experiences such as COVID-19 and natural
disasters have reinforced the need for Queensland's public
sector to be flexible, and to work in a more unified way. While
these conditions challenged business as usual, they also presented
an opportunity for the sector to build a diverse and collaborative
workforce, capable of agile, flexible, and innovative working
practices. Read the Queensland Audit Office's report
here.
Practice
Administrative Appeals Tribunal Bulletin
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.
FCFCOA rules amended from Monday
Several amendments to the Federal Circuit and Family Court of
Australia (Family Law) Rules 2021 commenced on Monday 28 November.
The changes include the removal of the requirement to file a
Parenting Questionnaire or Financial Questionnaire with every
Initiating Application seeking parenting or financial orders
respectively. Read more
here.
Cases
Hyland v Department
of Agriculture and Fisheries [2022] QCAT 385
ADMINISTRATIVE LAW – ADMINISTRATIVE TRIBUNALS –
QUEENSLAND CIVIL AND ADMINISTRATIVE TRIBUNAL – where the
applicant filed applications to review a decision out of time
– where the applicant filed applications for an extension of
time – whether applications for an extension of time should
be granted
Councillor Conduct
Tribunal v Swalling & Anor [2022] QCATA 153
ADMINISTRATIVE LAW – ADMINISTRATIVE TRIBUNALS –
QUEENSLAND CIVIL AND ADMINISTRATIVE TRIBUNAL – where the
applicant seeks leave to appeal an interlocutory decision of the
Tribunal to dismiss an application to join the Independent Assessor
as a party to the proceeding – where no formal application
was made but the application was inferred from the parties
submissions – where the party seeking to be joined is akin to
a prosecuting agency – whether the appeal should be
allowed
Gorgievski v Gold
Coast City Council & Anor [2022] QCAT 365
HUMAN RIGHTS – DISCRIMINATION – DIRECT DISCRIMINATION
– INDIRECT DISCRIMINATION –GROUNDS OF DISCRIMINATION
– SEX DISCRIMINATION – SEXUAL HARASSMENT –
HOMOSEXUALITY – VICTIMISATION – where library patron
alleged sexual harassment – whether conduct occurred as
alleged or at all – whether conduct of a sexual nature
– discrimination on ground of sexuality and sex –
indirect discrimination – whether conduct was victimisation
– where no discrimination was found – where Human
Rights were considered
Wood v The King
& Anor [2022] QSC 216
HUMAN RIGHTS - HUMAN RIGHTS LEGISLATION - where the applicant is
accused on indictment in the District Court - where he had bail -
where bail was revoked - where he brought an application in the
District Court as to the lawfulness of his detention - where the
application was based on his human right identified by s 29(7) of
the Human Rights Act 2019 - where a judge of the District Court
referred questions of law to the Supreme Court - whether the
questions ought to be entertained - whether the application
purportedly made pursuant to s 29(7) of the Human Rights Act 2019
was appropriately brought in the District Court
Davidson v
Department of Seniors, Disability Services and Aboriginal and
Torres Strait Islander Partnerships [2022] QCAT 367
ADMINISTRATIVE LAW – ADMINISTRATIVE TRIBUNALS –
QUEENSLAND CIVIL AND ADMINISTRATIVE TRIBUNAL – whether there
were exceptional circumstances – where the applicant sought
review of a decision by the respondent to issue a negative notice
for a yellow card – where the applicant was previously a
support worker for vulnerable adults – where the applicant
was convicted of obtaining financial advantage – where the
applicant was convicted of a serious offence – where the
applicant had a gambling habit – where the tribunal held
there were no exceptional circumstances
Parole Board
Queensland v McQueen [2022] QCA 230
ADMINISTRATIVE LAW – JUDICIAL REVIEW – PROCEDURE AND
EVIDENCE – COSTS – where the respondent, a prisoner,
had their parole indefinitely suspended – where the appellant
is the parole board – where the parole board appealed an
order which set aside its decision – where the questions of
statutory construction raised by the appeal are important –
where the appellant consents to indemnify the respondent's
costs of appeal
Legislation
Bills introduced by Government
Housing Legislation Amendment Bill 2022
Police Service Administration and Other Legislation Amendment Bill (No. 2) 2022
Bills introduced by Private Member
Land Tax and Other Legislation (Empty Homes Levy) Amendment Bill 2022
Bills passed without amendment
Appropriation (Parliament) Bill (No. 3) 2022
Appropriation Bill (No. 3) 2022
Building Units and Group Titles and Other Legislation Amendment Bill 2022
Coal Mining Safety and Health and Other Legislation Amendment Bill 2022
Major Sports Facilities Amendment Bill 2022
Public Health and Other Legislation (COVID-19 Management) Amendment Bill 2022
Racing Integrity Amendment Bill 2022
Bills amended during passage
Betting Tax and Other Legislation Amendment Bill 2022
Industrial Relations and Other Legislation Amendment Bill 2022
Acts assented to
Industrial Relations and Other Legislation Amendment Act 2022 No. 27 - Assent 3 November 2022
Major Sports Facilities Amendment Act 2022 No. 26 - Assent 31 October 2022
Racing Integrity Amendment Act 2022 No. 24 - Assent 31 October 2022
Proclamations commencing Acts made
Proclamation No. 1—Queensland Veterans' Council Act 2021 (commencing certain provisions)
Acts repealed
Subordinate legislation notified
Forestry (State Forests) and Other Legislation Amendment Regulation (No. 2) 2022
Major Sports Facilities (Townsville Stadium) Amendment Regulation 2022
Queensland Civil and Administrative Tribunal and Other Legislation Amendment Regulation 2022
Valuation of Land (Fee Exemption) Amendment Regulation 2022
Work Health and Safety (Codes of Practice) Amendment Notice 2022
Liquor (Pormpuraaw) and Other Legislation Amendment Regulation 2022
Queensland Veterans' Council (Postponement) Regulation 2022
Proclamation No. 1—Queensland Veterans' Council Act 2021 (commencing certain provisions)
Fisheries (Effort Caps and Other Matters) Amendment Declaration 2022
Public Trustee (Interest Rate) Amendment Regulation (No. 2) 2022
Subordinate legislation tabled
Fisheries (Effort Caps and Other Matters) Amendment Declaration 2022
Liquor (Pormpuraaw) and Other Legislation Amendment Regulation 2022
Public Trustee (Interest Rate) Amendment Regulation (No. 2) 2022
Queensland Veterans' Council (Postponement) Regulation 2022
Work Health and Safety (Codes of Practice) Amendment Notice 2022
Proclamation No. 1—Queensland Veterans' Council Act 2021 (commencing certain provisions)
Major Events (T20 World Cup) Regulation 2022
Personal Injuries Proceedings and Other Legislation Amendment Regulation 2022
Planning (Emergency Housing) Amendment Regulation 2022
Water Plan (Pioneer Valley) (Postponement of Expiry) Notice 2022
Work Health and Safety (Psychosocial Risks) Amendment Regulation 2022
Subordinate legislation repealed
Major Events (T20 World Cup) Regulation 2022
Subordinate legislation expired
Major Events (T20 World Cup) Regulation 2022
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.
