Media

Queensland drivers may be required to take test when they renew licence
The government is considering the introduction of a "refresher course" on changes to road rules for people who are renewing their drivers licence. This is part of a raft of proposed road safety measures, prompted by Queensland recording the worst year of road fatalities in 13 years in 2022 (10 April 2023). Read more here.

New deal for tenants with fewer rent rises
The Department of Communities, Housing and the Digital Economy has announced that new rules have been introduced to limit rent increases to once per year. The reforms are designed to balance the rights and interests of Queenslanders who rent with those of property owners, with the aim of sustaining a healthy rental supply (4 April 2023). Read more here.

Government commits to modernising and strengthening anti-discrimination laws
New strengthened anti-discrimination legislation and reform will be introduced as part of the Governments' final response to the Queensland Human Rights Commission's (QHRC) Building Belonging Report. In particular, strengthened protections will be in place to combat sexual harassment and discrimination in communities and in the workplace (3 April 2023). Read more here.

New Queensland Law Reform Commission Chair appointed
Experienced judicial officer and current President of the Land Court of Queensland, President Fleur Kingham, has been appointed Chair of the Queensland Law Reform Commission. As an independent statutory body, the Commission plays a critical role undertaking law reform reviews and making recommendations that are informed by extensive research and community consultation (31 March 2023). Read more here.

Judge Catherine Muir appointed to the bench of the Supreme Court
District Court Judge Catherine Muir will join the Trial Division as a Supreme Court Justice. In the words of Shannon Fentiman, Attorney-General and Minister for Justice, "Her Honour is highly respected amongst her peers and Her Honour's progression to the Supreme Court reflects the depth of talent and ability of Queensland's judiciary" (31 March 2023). Read more here.

Pilot program extending legal support for Queensland veterans
Queensland veterans and their families now have greater access to claims advocacy and legal assistance services through a $600,000 legal assistance pilot program being delivered by the Palaszczuk Government. The service is being delivered by Townsville Community Law and seeks to assist veterans with legal issues including accessing veterans' statutory entitlements and transitioning to civilian life (24 March 2023). Read more here.

Partners in Government Agreement signed
The three-year agreement, struck between the state government and the Local Government Association of Queensland, details the key principles underlying the relationship between the state and local governments. The agreement acknowledges that local government is the closest level of government to the community, and establishes the foundation for effective negotiation and engagement between local and State government (22 February 2023). Read more here.

Publications

Queensland Audit Office releases latest State Entities report
The Queensland Audit Office has tabled the State entities 2022-23 report which summarises the audit results of 253 Queensland state government entities, including the 20 core government departments. The report evaluates the timeliness of their financial reporting and effectiveness of their internal controls. The report also analyses the consolidated financial performance of the Queensland Government, previously reported in the annual state finances report. Read the report here.

Australian Work Health and Safety Strategy 2023-2033
Safe Work Australia has released the Australian Work Health and Safety Strategy 2023-2033 which sets an ambitious vision for work health and safety outcomes in Australia for the next ten years. The Strategy sets a clear, unifying national goal to reduce worker fatalities, injuries and illness. It sets out forward-looking actions to work towards, with tangible and achievable targets to focus efforts, as stakeholders develop and implement their own solutions to the challenges ahead. Read the Strategy here.

Queensland Audit Office releases latest Health report
The Queensland Audit Office has tabled the Health 2022-23 report which discusses the audit results of Queensland's health entities, including the Department of Health and 16 hospital and health services. The report summarises the audit results for 13 hospital foundations, 4 other statutory bodies, and 4 controlled entities. Read the report here.

Super savings: Practical policies for fairer superannuation and a stronger budget
Grattan Institute has published a report discussing recommended reforms to Australia's current superannuation system to increase its fairness and sustainability. According to the report, tax breaks on superannuation are excessively generous and should be wound back to help fix the budget. Read more here.

Advocacy Action Plan 2023 released
The Local Government Association of Queensland has released the Advocacy Action Plan 2023. The plan maps out the current challenges and key opportunities for local government, working in partnership with the other tiers of government, to achieve a shared goal of creating liveable Queensland communities. The Plan outlines all 130 resolutions which were proposed, voted and endorsed by Queensland's 77 local councils, to be requested to the State and Federal governments. Read more here.

Practice

AAT Bulletin Issue No. 7/2023 11 April 2023
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.

New Practice Direction governs civil Caseflow Management
The new Supreme Court Practice Direction 9 of 2023 aims to facilitate the procedurally fair, efficient, timely, and cost effective resolution of civil proceedings. The practice direction applies to all civil proceedings commenced by claim, or ordered to proceed as if commenced by claim, in Brisbane, and to any other civil proceeding, if ordered by the court. Read the Practice Direction and more information here.

New Practice Direction creates Class Actions List
The new Supreme Court Practice Direction 8 of 2023 is designed to facilitate the management of representative proceedings and assist in their prompt and efficient resolution. The practice direction applies to representative proceedings under part 13A of the Civil Proceedings Act 2011 (Qld) commenced in the Supreme Court of Queensland, and representative proceedings which have already been commenced, by order of the Chief Justice. Read the Practice Direction and more information here.

Amended Practice Directions on use of electronic devices
The Amended Practice Direction 8 of 2014 covers the use of phones and other electronic devices in and around courtrooms, including texting, recording, taking photos and other functions. The Amended Practice Direction repeals Practice Direction 1 of 2009 for the Supreme Court and District Court, and three practice directions for the Magistrates Court. Read the Practice Direction and more information here.

Cases

Cohen v State of Queensland (Department of Education) [2023] QIRC 99
HUMAN RIGHTS - DISCRIMINATION - OTHER MATTERS - whether to dismiss proceeding - where complainant was directed to attend a conference and failed to do so - where complainant failed to comply with directions - consideration of r 45 of the Industrial Relations (Tribunals) Rules 2011 - proceeding dismissed

Naehu v Parole Board Queensland [2023] QSC 16
ADMINISTRATIVE LAW - JUDICIAL REVIEW - GROUNDS OF REVIEW - PROCEDURAL FAIRNESS - where the applicant applied for parole - where the respondent refused the application for parole - where the applicant sought a statutory order of review in respect of the refusal on the grounds that the applicant had a legitimate expectation of being granted a parole order - whether the applicant was accorded procedural fairness in the decision-making process

Pearce v Queensland Building and Construction [2023] QCAT 71
GENERAL ADMINISTRATIVE REVIEW - BUILDING - INTERNAL REVIEW OF DECISION NOT TO ISSUE A DIRECTION TO RECTIFY - whether "consequential damage" within the meaning of s 71H - whether a direction to remedy consequential damage should be issued

DR v Director General Department of Justice and Attorney General [2023] QCAT 79
ADMINISTRATIVE LAW - ADMINISTRATIVE TRIBUNALS - QUEENSLAND CIVIL AND ADMINISTRATIVE TRIBUNAL - review of decision by respondent to issue a negative notice
FAMILY LAW AND CHILD WELFARE - CHILD WELFARE UNDER STATE OR TERRITORY JURISDICTION AND LEGISLATION - OTHER MATTERS - blue card - where issue of negative notice - application for review - where applicant has charge - where other relevant information - application of s 226 and s 228 considerations

Peet v The Commissioner of State Revenue [2023] QCAT 73
ADMINISTRATIVE LAW - ADMINISTRATIVE TRIBUNALS - QUEENSLAND CIVIL AND ADMINISTRATIVE TRIBUNAL - whether the applicant was entitled to the HomeBuilder Grant

Body Corporate for Metro Quays CTS 2846I v Three Islands Pty Ltd & Ors [2023] QCATA 20
ADMINISTRATIVE LAW - ADMINISTRATIVE TRIBUNALS - QUEENSLAND CIVIL AND ADMINISTRATIVE TRIBUNAL - error of law - obligations deriving from legislation and subordinate legislation - division of obligations between principal and subsidiary schemes in a layered arrangement of community titles schemes - responsibility for roofing membranes that are not common property but that provide protection for lots or common property - responsibility for maintaining roofing structures providing protection in a structurally sound condition - where roof of building formed part of the common property of the subsidiary scheme - whether principal scheme responsible for maintenance of roof

Legislation

Bills introduced
Criminal Code (Serious Vilification and Hate Crimes) and Other Legislation Amendment Bill 2023
Tobacco and Other Smoking Products Amendment Bill 2023
Queensland Climate Transition Bill 2023

Bills passed without amendment
Police Powers and Responsibilities (Jack's Law) Amendment Bill 2023
Police Service Administration and Other Legislation Amendment Bill 2023

Bills amended during passage
Environmental Protection and Other Legislation Amendment Bill 2023
Housing Legislation Amendment Bill 2023
Strengthening Community Safety Bill 2023

Bills failed
Working with Children (Indigenous Communities) Amendment Bill 2021

Acts assented to
Police Powers and Responsibilities (Jack's Law) Amendment Act 2023 No. 4 - Assent 2 April 2023
Strengthening Community Safety Act 2023 No. 3 - Assent 22 March 2023

Proclamations commencing Acts made
Proclamation No. 7 - Building Industry Fairness (Security of Payment) Act 2017 (repealing previous proclamation)
Proclamation No. 8 - Building Industry Fairness (Security of Payment) Act 2017 (commencing remaining provisions)
Proclamation - Racing Integrity Amendment Act 2022 (commencing remaining provisions)

Subordinate legislation notified
Forestry (State Forests) and Other Legislation Amendment Regulation 2023
Motor Accident Insurance and Other Legislation (Administration Fee and Levies) Amendment Regulation 2023
Police Service Administration (Transfer of Executive Officer) Amendment Regulation 2023
Public Records (Commission of Inquiry into Forensic DNA Testing in Queensland) Amendment Regulation 2023
Public Trustee (Interest Rate) Amendment Regulation (No. 3) 2023
Transport and Other Legislation Amendment Regulation 2023
Heavy Vehicle (Vehicle Standards) National Amendment Regulation 2023
Proclamation No. 7 - Building Industry Fairness (Security of Payment) Act 2017 (repealing previous proclamation)
Proclamation No. 8 - Building Industry Fairness (Security of Payment) Act 2017 (commencing remaining provisions)
Proclamation - Racing Integrity Amendment Act 2022 (commencing remaining provisions)
Recording of Evidence Amendment Regulation 2023
Superannuation (State Public Sector) Amendment Notice 2023

Subordinate legislation tabled
Heavy Vehicle (Vehicle Standards) National Amendment Regulation 2023
Proclamation No. 7 - Building Industry Fairness (Security of Payment) Act 2017 (repealing previous proclamation)
Proclamation No. 8 - Building Industry Fairness (Security of Payment) Act 2017 (commencing remaining provisions)
Proclamation - Racing Integrity Amendment Act 2022 (commencing remaining provisions)
Recording of Evidence Amendment Regulation 2023
Superannuation (State Public Sector) Amendment Notice 2023|
Economic Development (Variation of Caloundra South UDA) Amendment Regulation 2023
Legal Aid Queensland Regulation 2023
Medicines and Poisons (Medicines) Amendment Regulation 2023
Planning (Caboolture West Interim Structure Plan) Amendment Regulation 2023
Proclamation-Integrity and Other Legislation Amendment Act 2022 (commencing certain provisions)
Proclamation - Police Service Administration and Other Legislation Amendment Act 2022 (commencing remaining provisions)
Public Sector Regulation 2023
Public Trustee (Interest Rate) Amendment Regulation (No. 2) 2023

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.