In the media
Recommendations to reduce disproportionate Indigenous
incarceration must not be ignored
The Law Council today backed the Australian Law Reform
Commission's (ALRC) Indigenous incarceration
report and warned that its compelling recommendations must not be
shelved like those from the 1991 Royal Commission into Aboriginal
Deaths in Custody report (28 March 2018).
More...
New Deputy Director of Public Prosecutions
Attorney General Mark Speakman today announced the
appointment of Peter McGrath SC as a Deputy Director of Public
Prosecutions for NSW. He commenced as Deputy Director of Public
Prosecutions on 3 April 2018 (28 March 2018).
More...
Queensland appoints first Indigenous judge
Queensland's peak legal body has applauded the state
government on its appointment of the first Indigenous judge –
barrister Nathan Jarro (23 March 2018).
More...
Misuse of Parliamentary staff budget entitlements in
2014
Ombudsman Deborah Glass has found 21 ALP Members of
Victorian Parliament - including 11 serving and 10 former MPs -
breached Parliament's Members' Guide by certifying payments
to electorate officers used for party political campaigning (21
March 2018).
More...
More...
Statement re High Court of Australia decision
The Australian Government welcomes the High Court's
unanimous decision delivered today in The Australian Government
welcomes the High Court's unanimous decision delivered today in
Alley vs Gillespie. The matters considered by the High
Court were preliminary questions of law relating to whether it
could and should decide the eligibility of a Member of Parliament
under the Common Informers Act, rather than the long standing
process of such decisions being made under section 47 of the
Commonwealth Constitution and the Commonwealth
Electoral Act 1918 (21 March 2018).
More...
In practice and courts
Queensland
OIC Queensland: Identity-matching Services Bill
2018
The Office of the Information Commissioner
(OIC) provided this submission to the
Commonwealth's Parliamentary Joint Committee on Intelligence
and Security, to inform its deliberations on the
Identity-matching Services Bill 2018. The OIC's
comments highlight privacy risks within the nation-wide identity
matching service regime, and advocate for adequate safeguards to
mitigate those risks (10 March 2018).
More...
Sentencing for child homicide offences
We have been asked by the Attorney-General to review
sentencing of child homicide offences. Our 12-month review will
focus on sentencing for offences involving the unlawful death of a
child, such as murder and manslaughter. We are due to report to the
Attorney-General by 31 October 2018.
More...
Published – articles, papers, reports
Using evidence to build a better justice system: The
challenge of rising prison costs
Peter Gluckman; Office of the Prime Minister's
Chief Science Advisor (New Zealand): 29 March 2018
This paper explores the drivers of the continued growth of
the New Zealand prison population, including consideration of crime
rates, remand, sentencing and parole practices. More...
Cases
'OZ'
and Department of Defence (Freedom
of information) [2018] AICmr 49
Freedom of Information — Whether disclosure would
cause damage to the security of the Commonwealth — (CTH)
Freedom of Information Act 1982 s33(a)(i).
'OT'
and Comcare (Freedom
of Information) [2018] AICmr 47
Freedom of Information — Whether disclosure of
personal information unreasonable — Whether contrary to the
public interest to release conditionally exempt documents —
(CTH) Freedom of Information Act 1982 ss11A(5) and
47F.
'OS'
and Department of Health (Freedom
of Information) [2018] AICmr 46
Freedom of Information — Whether disclosure would
disclose commercially valuable information — (CTH) Freedom of
Information Act 1982 s 47(1)(b) The applicant applied to the
Department for access to communications between the Department and
Shire Plc or any of its subsidiaries, including Shire Australia Pty
Ltd, in relation to any clinical trial relating to Idursulfase-IT,
between specified dates.
'OP'
and Department of Home Affairs (Freedom
of information) [2018] AICmr 43
Freedom of Information — Whether reasonable steps
taken to locate documents – (CTH) – Freedom of
Information Act 1982 s24A.
Thomas;
Secretary, Department of Defence (Freedom
of information) [2018] AATA 604
FREEDOM OF INFORMATION – Exemptions –
deliberative processes – text message exchange between Chief
and Vice Chief of the Australian Defence Force – whether, on
balance, access would be contrary to the public interest –
decision under review set aside on the basis that, on balance,
access would be contrary to the public interest such that the
documents are exempt.
COURTS AND TRIBUNALS – Whether reasonable apprehension of
bias of a tribunal member on the basis of prior professional
association – possession of this same prior professional
experience relevant to the appointment of the member both to the
tribunal and to that member's assignment to a particular
Division of the Tribunal – prior professional association
with authors of documents to which access sought ceased years
before date of authorship of those documents or other relevant
events – authors of documents not called as witnesses and no
question as to their credibility – HELD: no reasonable
apprehension of bias.
PRACTICE AND PROCEDURE – Administrative Appeals Tribunal
– allegation of apprehension of bias by one member of
multi-member panel constituted for the purpose of reviewing a
decision – consideration as to whether merits of allegation
should be ruled on by member concerned or by panel and whether the
question needed to be dealt with as a preliminary issue or but one
to be determined after hearing of evidence and submissions on the
merits of the substantive issue on the review – HELD:
practice to adopt dependent on circumstances of a particular case
– in circumstances of case to hand issue determined by panel
collectively as part of deciding merits of substantive issue on the
review. Administrative Appeals Tribunal Act 1975 (Cth)
ss7, 17CA, 33, 37, 42; Administrative Decisions (Judicial
Review) Act 1977 (Cth).
Legislation
Queensland
Subordinate legislation as made
No 31:
Health Legislation (Information Sharing) Amendment Regulation
2018 - 30 March 2018
Amendment of agreements - The agreement called 'Memorandum of
Understanding" between State of Queensland acting through
Queensland Health.
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.
