In the media
Rushed encryption laws create risk of unintended
consequences and overreach
While the encryption access legislation rammed through the
Senate is an improvement, there is now the very real possibility of
unintended consequences as well as intelligence agency and law
enforcement overreach according to the Law Council of Australia (07
December 2018).
More...
Queensland Sentencing Advisory Council releases annual
report
The Queensland Sentencing Advisory Council 2017–18
Annual Report has been tabled in Parliament. The report details the
Council's activities in the 2017-18 financial year to inform,
engage and advise Queenslanders about sentencing matters (05
December 2018).
More...
Direct cross-examination ban gets the go ahead
The Morrison Government passed legislation ensuring
victims of family violence will be protected from direct
cross-examination by their alleged perpetrators in family law
proceedings (05 December 2018).
More...
Lawyer X's conduct unethical and clear breach of
rules
The Law Council of Australia has expressed deep concern
about disclosures legal counsel acted as a police informer. Law
Council of Australia President said the disclosures reveal a clear
breach of legal professional. Rules and reinforced the need for
properly resourced oversight bodies to supervise the activities of
law enforcement (04 December 2018).
More...
Scam Technology Project to address proliferation of
scams
The ACMA has established a Scam Technology Project to
explore practical technical solutions to address the proliferation
of scam calls over Australian telecommunications networks. Scam
calls are more than a nuisance, they pose a real threat,
particularly to those in vulnerable circumstances (03 December
2018).
More...
Modern Slavery Act a reality after years of
advocacy
Under the new laws, entities with an annual consolidated
revenue of more than $100 million will be required to report on
slavery risks in their supply chains. Law Council of Australia
President, Morry Bailes, congratulated the Australian Government,
and Parliament, for making a Modern Slavery Act a reality (29
November 2018).
More...
New Modern Slavery law needs teeth to stop abuses
New laws to address forced labour in the supply chains of
Australian companies passed in Parliament, but human rights
advocates say they don't go far enough (29 November 2018).
More...
Amendments to Foreign Influence Transparency
Scheme
Amendments to the Foreign Influence Transparency Scheme
introduced into Parliament will ensure the scheme is fully
operational in time for the next federal election (28 November
2018).
More...
Innovative court program begins in Southport
Southport is the latest location to launch the Court Link
program, an initiative designed to address and overcome the
underlying causes of offending. Attorney-General and Minister for
Justice Yvette D'Ath lauded the initiative, which is based on
individual case management and monitoring (28 November 2018).
More...
Passage of the Defence Amendment (Call out of The
Australian Defence Force) Bill 2018
The Government has passed legislation to enhance the
ability of the Australian Defence Force (ADF) to
support state and territory police in responding to incidents of
significant violence, including terrorism (27 November 2018).
More...
Strengthened charity advocacy laws pass after year of
consultation
The Human Rights Law Centre welcomes the passing of the
electoral funding bill, which, after consultation with charities
and not-for-profit organisations, is vastly different from the
initial flawed proposal that would have stifled vital public
advocacy by charities (27 November 2018).
More...
Tax Office gives evidence to Family Court
The Australian Taxation Office (ATO) is
to develop a new information-sharing system with the Family Court
of Australia to ensure separating women receive a better deal
accessing superannuation assets (26 November 2018).
More....
Simple fixes can strengthen Queensland's human
rights law
Queensland's proposed Human Rights Act should be
improved with some simple amendments, the parliamentary committee
reviewing the Palaszczuk Government's legislation (26 November
2018).
More...
Crossbench bill and passed motion brings corruption
watchdog closer, Government must join the table
The Law Council strongly supports the establishment of a
National Integrity Commission to combat corruption at the federal
level. Law Council of Australia President, Morry Bailes, said it
was important that momentum is maintained, but that proper process
is followed to ensure Parliament gets the model right (28 November
2018).
More...
In practice and courts
United against corruption: Joint communiqué from
Australia's anti-corruption Commissioners
To mark International Anti-Corruption Day on 9 December,
the heads of all Australian anti-corruption bodies have issued a
joint communiqué. It calls on public sector leaders to do
more to build strong cultures of integrity that resist corruption.
Read the full communiqué
here.
New sittings times for Full Court sittings in the High
Court of Australia.
Having recently trial led an earlier starting time of
10:00am for Full Court sittings the Justices of the High Court have
adopted the earlier starting time as a permanent practice (03
December 2018).
More...
High Court Rules - Amendments to Second Schedule
The High Court have advised it has made amendments to the
High Court Rules 2004, amending Schedule 2, available
here. The explanatory statement is available
here. The Court has agreed to the recommendation of the
Committee for an increase of 2.1% to the solicitors' costs as
set out in Schedule 2 of the High Court Rules 2004, which is to
come into operation on 1 January 2019 and will apply in respect of
all work done and services performed by solicitors after 31
December 2018. See the High Court Amendment (Fees)
Rules 2018 here
(07 December 2018).
Australian Human Rights Commission refreshed guidelines
for the use of special measures under the Sex Discrimination Act
1984 (Cth).
Special measures are positive actions used to promote
equality for disadvantaged groups, which are permitted under the
Sex Discrimination Act. The Commission's guidelines
are intended to assist organisations and individuals to understand
and use the special measures provisions in the Sex
Discrimination Act. The guidelines can be accessed
here (06 December 2018).
AAT: Time limits for applying for review in the
MRD
The Federal Court recently decided in
Brown v Minister for Home Affairs (No. 2) [2018] FCA
1787 that the Migration and Refugee Division
(MRD) has the power to extend the time limits for
applying for review. Prior to this judgment, it was understood that
the AAT could not accept MRD applications made outside of time
limits (03 December 2018).
More...
Foreign Influence Transparency Scheme to commence
December 10
The Foreign Influence Transparency Scheme
(FITS) will commence on 10 December, 2018. From
this date any person who undertakes certain activities, on behalf
of a foreign principal for the purpose of influencing a political
or government process will be required to register under the
scheme.
AAT Bulletins 2018
Issue No. 47/2018, 3 December 2018
Issue No. 46/2018, 26 November 2018
LCA makes submission on future of the Family Court
The Law Council of Australia has made a
submission to the Senate Legal and Constitutional Affairs
Committee Inquiry into the Federal Circuit and Family Court of
Australia Bill 2018 and the Federal Circuit and Family
Court of Australia (Consequential Amendments and
Transitional Provisions) Bill 2018. The
submission has now been published
here (28 November 2018).
LCA: Australian Human Rights Commission National Inquiry
into Sexual Harassment in Australian Workplaces
The development of the Law Council's submission to the
Australian Human Rights Commission's National Inquiry into
Sexual Harassment in Australian Workplaces is underway. Under
the inquiry's
terms of reference it will also consider the current legal
framework and contributing factors behind workplace sexual
harassment in the legal profession. Contributions to the submission
has closed on 3 December 2018.
More...
Reminder: Australian Digital Health Agency three month
"opt-out period" for My Health
Record
As
announced by the Australian Digital Health Agency, every
Australian will be offered a My Health Record unless they choose
not to have one during the three-month opt out period which has
been extended to 31 January 2019. During the opt out period
individuals who do not want a record will be able to opt out by
visiting here.
50th Asia Pacific Privacy Authorities (APPA) Forum
The Office of the Privacy Commissioner, New Zealand
(OPC) hosted the 50th Asia Pacific Privacy
Authorities (APPA) Forum which was held on 3-4
December in Wellington, New Zealand. More...
Queensland
QCAT reserved decisions
Queensland Civil and Administrative Tribunal
(QCAT) President, the Honourable Justice Daubney
AM, has informed Queensland Law Society that QCAT has published a
new
reserved decisions policy, revoking QCAT's Practice
Direction No4 of 2013.
SMS message reminders to adult defendants on bail
From 7 December 2018, the Queensland Courts will send SMS
messages to adult defendants on bail to remind them of the date and
time for their next court appearance. This follows a successful
trial of the reminder service in Mackay this year.
More..
Sentencing Information Service
The
Queensland Sentencing Information Service
(QSIS) is a free online resource provided by the
Supreme Court Library Queensland (SCLQ) to
eligible users. SCLQ is seeking feedback about QSIS via an
anonymous survey. The survey will help the library to
understand who uses the service, how and why it is used, what works
well. Importantly, it will show what could be improved. Members of
the criminal justice system are invited to provide their comments
about the service. The survey deadline is 19 December 2018. Share
your feedback about QSIS.
Legal policy submission - Human rights
On 26 November 2018, with the assistance of the QLS Human
Rights Working Group, the Society wrote a response to the Legal
Affairs and Community Safety Committee regarding the Human Rights
Bill 2018. For information on the history of human rights in
Queensland and the current Bill, read our latest blog
here. You're invited to provide feedback – legal
policy reform. Practitioners are invited to provide feedback as QLS policy
committees prepare submissions for reviews of:, (2) the Queensland
Civil and Administrative Tribunal and Other Legislation Amendment
Bill 2018.
Streamlining Criminal Justice Committee - Standardised
bail conditions
The Streamlining Criminal Justice Committee and the Rules
Committee of the Supreme Court of Queensland have provided a
document as an aid to practitioners and their clients to assist
with clearer proposed bail conditions. The intention of the
document is to assist those granted bail to understand their
obligations better. The document is not released as a practice
direction but as an aid that may be used to assist practitioners
and their clients. Download Standardised bail conditions document
here
(07 December 2018). The Attorney-General and Minister for Justice,
The Hon. Yvette D'Ath MP, has advised that the Governor in
Council, with the consent of the Rules Committee, made the Uniform
Civil Procedure (Corporations Proceedings)
Amendment Rule 2018 (Amendment Rule), which
commenced on the 23 November 2018. The Amendment Rule harmonises
the Uniform Civil Procedure Rules 1999 (Schedules 1A and
1B) with the Federal Court (Corporations)
Rules 2000 (Cth) (FCCR), at the
recommendation of the Council of Chief Justices' Rules
Harmonisation Committee, with minor variations to ensure
consistency of Queensland definitions, processes and powers of
registrars.
Queensland Sentencing Advisory Council annual
report
The Queensland Sentencing Advisory Council
2017–18 Annual Report has been tabled in Parliament (05
December 2018)
CCC: Corruption in Queensland: perceptions and
prevention
This short report is a Queensland-specific snapshot of
corruption perceptions and experiences, based on the overall survey
findings. Read more information about the 2018 Global Barometer
Survey (Australia) (December 2018).
CCC Prosecutions
Barrister charged with perjury - 7 December 2018
The CCC has this morning issued a Notice to Appear in Court to a
51-year-old barrister to face two charges of perjury arising from
Operation Stockade.
Custodial officer and two other men charged with trafficking drugs
and other offences - 6 December 2018
Three people have been charged this afternoon with trafficking
dangerous drugs and other serious criminal offences by CCC after an
investigation into allegations staff from a Queensland Corrective
Services (QCS) facility were involved in sourcing
and supplying steroids.
Man charged for breaching bail - 27 November 2018
A 47-year-old Tarragindi man was charged this afternoon by the CCC
with breaching a bail condition contrary to section 29 of the
Bail Act 1980.
Published - articles, papers, reports
Human Services' Compliance Strategies
ANAO Report No 15: 06 December 2018
The objective of this audit was to assess whether Human Services
has an effective high-level compliance strategy for administered
payments made under the Centrelink and Medicare programs.
More...
What is the profile of child exploitation material
offenders?
Rick Brown, Samantha Bricknell; Australian Institute of
Criminology: 07 December 2018
Child exploitation material (CEM) is sexually
abusive images of children that are typically disseminated via the
internet. This paper reviews recent literature to establish a
profile of those who view or collect CEM. More...
Trust and democracy in Australia: democratic decline and
renewal
Gerry Stoker, Mark Evans, Max Halupka; Democracy 2025: 05
December 2018
Over the past four years UC-IGPA and MoAD have conducted a range of
quantitative surveys with the Social Research Institute at Ipsos on
the relationship between trust in the political system and
attitudes towards democracy. More...
Australian government Information Security Manual
Australian Cyber Security Centre, Australian Signals
Directorate: 04 December 2018
These guidelines are intended for Chief Information Security
Officers (CISOs), Chief Information Officers
(CIOs), cyber security professionals and
information technology managers. As such, these guidelines discuss
both governance and technical concepts in order to support the
protection of organisations' information and systems. More...
End of term self-assessment report for Australia's
first Open Government National Action Plan 2016-18
Open Government Partnership (Australia);
Department of the Prime Minister and Cabinet
(Australia): 03 December 2018
While there are still a small number of commitments delayed in this
first National Action Plan, Australia has taken great strides to
improve transparency, accountability and public engagement over the
course of this action plan cycle, with the majority of the
plan's commitments either on track or now completed. More...
Policy and process to limit and reduce red tape: final
report
Parliament of Australia: 3 December 2018
This report provides information on the establishment and conduct
of the policy and process inquiry, and key objectives of the
Deregulation Agenda. It also examines some of the information
presented to the committee, before presenting the committee's
findings and recommendations. More...
Australians' attitudes to violence against women and
gender equality
Australia's National Research Organisation for
Women's Safety: 30 November 2018
This report documents findings from the National Community
Attitudes towards Violence against Women Survey
(NCAS) and considers them in the context of other
related research. It has been written for an audience interested in
greater detail about the concepts measured in the survey, survey
findings and implications for policy, program development and
practice. More...
Disability Support Pension — follow-on audit
Australian National Audit Office: 29 November 2018
The objective of this audit was to examine if Social Services and
Human Services drive improvements in the Disability Support Pension
program using data and information from multiple sources, including
agreed Auditor-General and parliamentary committee recommendations.
More...
Election funding and disclosure in Australian states and
territories: a quick guide - November 2018 update
Damon Muller; Parliamentary Library
(Australia): 28 November 2018
This guide summarises the often complex funding and disclosure laws
federally, and in each Australian state and territory. These laws
regulate who can make and receive political donations, how and when
those donations must be disclosed, how much money political parties
can spend on election campaigns, and the amount of public money
they receive to fund their campaigns and operations. More...
Legislative exemptions that allow faith-based
educational institutions to discriminate against students, teachers
and staff
Senate Legal and Constitutional Affairs Committee;
Parliament of Australia: 26 November 2018
The recent public debate on the matters being considered in this
inquiry has been prompted, in the most immediate sense, by the
disclosure of certain recommendations in a review on religious
freedom commissioned by the federal government. More...
Cases
'PM' and Department of Industry, Innovation and
Science (Freedom of information) [2018] AICmr
70
Freedom of Information — Whether documents contain
deliberative matter prepared for a deliberative purpose —
Whether disclosure would have a substantial adverse effect on the
proper and efficient conduct of the operations of an agency —
Whether contrary to public interest to release conditionally exempt
documents — (CTH) Freedom of Information
Act 1982, ss 11A(5), 47C and 47E(d) - potential National
Radioactive Waste Management Facility at Kimba.
Brisbane City Council v Carmody
[2018] QMC 16
Constitutional Matter – no case submission –
s.78B Judiciary Act 1903 – public land and council
assets local law 2014 – Commonwealth of Australia
Constitution Act
(Constitution).
Baker v Department of Natural Resources &
Mines [2018] QCAT
375
ADMINISTRATIVE LAW – ADMINISTRATIVE TRIBUNALS
– QUEENSLAND CIVIL AND ADMINISTRATIVE TRIBUNAL – where
applicant had been convicted of a vegetation clearing offence
– where the applicant was consequently issued with a
restoration notice and new Property Map of Assessable Vegetation
(PMAV) by an authorised delegate of the Chief
Executive of the Department of Natural Resources and Mines pursuant
to the Vegetation Management Act (VMA)
– where applicant applied for internal review of that
decision and was unsuccessful – where applicant applied to
the Tribunal for external review of that decision – where
interim application filed to address jurisdictional matters –
where the applicant contends the Tribunal does not have
jurisdiction on the basis that s 54B of the VMA required the
Respondent to 'reasonably believe' a person has committed a
vegetation clearing offence which does not extend to actual
knowledge of a criminal conviction – where the applicant
contends the Tribunal does not have jurisdiction on the basis that
the Respondent's decision to issue a new PMAV was defective as
it should have been made under only one subsection of s 20B of the
VMA.
Wyatt & Anor v Queensland Building and Construction
Commission [2018] QCAT
396
ADMINISTRATIVE LAW – ADMINISTRATIVE TRIBUNALS
– QUEENSLAND CIVIL AND ADMINISTRATIVE TRIBUNAL –
General administrative review – where the review application
specified a particular decision by date but particulars implied
reference to another earlier decision- whether a decision to allow
a claim on the statutory insurance scheme is reviewable –
whether a decision to accept a tender is reviewable –
jurisdiction to review a scope of works decision out of time
– whether scope of works unreasonable unnecessary or
excessive.
Cornonero v Bright Moon Buddhist Society
[2018] VSC 737
ADMINISTRATIVE LAW – Judicial review – Relief
in the nature of certiorari – Whether adjudication
determination is vitiated by jurisdictional error – Supreme
Court (General Civil Procedure) Rules 2015 (Vic),
r 56.
BUILDING CONTRACTS – Review adjudications – Application
for review by respondent – Requirement for respondent to pay
adjudicated amount other than alleged excluded amounts to claimant
– Where respondent transfers funds before making review
application – Where funds clear after making review
application – Requirement for respondent to pay alleged
excluded amounts into designated trust account – Where
respondent pays undisputed amounts to claimant instead of into
trust – Building and Construction Industry Security of
Payment Act 2002 (Vic) s 28B(5), s
28B(6).
STATUTORY INTERPRETATION – Legislative intention –
Statutory precondition to review application – Where
respondent took partial steps of compliance – Need for strict
compliance – Meaning of 'paid' – Electronic
funds transfer – Whether 'paid' requires clearance of
funds in recipient's bank account.
Legislation
Commonwealth
Intelligence Services Amendment Bill
2018
Finally passed both Houses 05/12/2018
The Bill will improve and modernise the legislative framework that
governs the use of force by the Australian Secret Intelligence
Service (ASIS) to address key operational
challenges and issues.
Telecommunications and Other Legislation Amendment
(Assistance and Access) Bill 2018
Finally passed both Houses 06/12/2018
Amends the: Telecommunications Act 1997 to: establish
frameworks for voluntary and mandatory industry assistance to law
enforcement and intelligence agencies in relation to encryption
technologies via the issuing of technical assistance requests,
technical assistance notices and technical capability notices; and
make amendments contingent on the commencement of the Federal
Circuit and Family Court of Australia Act 2018;
Sex Discrimination Amendment (Removing Discrimination
Against Students) Bill 2018
Senate Second reading debate 03/12/2018
Amends the Sex Discrimination Act 1984 to remove the
capacity of bodies established for religious purposes that provide
education to directly discriminate against students on the basis of
their sexual orientation, gender identity or intersex status.
International Human Rights and Corruption (Magnitsky
Sanctions) Bill 2018
HR Second reading moved 03/12 2018
The purpose of the Bill is to make provisions enabling sanctions to
be imposed, at the discretion of the Minister, for the purposes of
compliance with United Nations obligations or other international
obligations; or for the purposes of preventing or responding to
gross human rights abuse or violations; or acts of significant
corruption
National Integrity (Parliamentary Standards) Bill
2018
HR Second reading moved 03/12 2018
This bill is part of a package of bills to promote public trust and
confidence in the integrity of Parliament, the public sector and
the system of Government. This package is about creating a culture
of integrity, a pro-active and solutions focused approach to
preventing corruption.
Federal Circuit and Family Court of Australia
(Consequential Amendments and Transitional Provisions) Bill
2018
Senate Second reading moved 03/12 2018
Introduced with the Federal Circuit and Family Court of Australia
Bill 2018, the bill: amends the Federal Court of Australia Act
1976 to establish the Family Law Appeal Division in the
Federal Court of Australia; and provide the Family Law Appeal
Division appellate jurisdiction in relation to family law appeals
from the Federal Circuit and Family Court (FCFC)
as well as some appeals from the Family Court of Western Australia;
amends the Family Law Act 1975 to largely remove the
appellate function of the Family Court of Australia; and ensure
that the Act continues to operate in the context of the FCFC; makes
consequential amendments to 123 Acts and 25 court-related
regulations and rules; amends various Acts contingent on the
commencement of 21 proposed Acts;
Federal Circuit and Family Court of Australia Bill
2018
Senate Second reading moved 03/12 2018
Introduced with the Federal Circuit and Family Court of Australia
(Consequential Amendments and Transitional Provisions) Bill 2018,
the bill unifies the administrative structure of the Family Court
of Australia and the Federal Circuit Court of Australia, which will
be known as the Federal Circuit and Family Court of Australia
comprised of Division 1 (which will be a continuation of the Family
Court) and Division 2 (which will be a continuation of the Federal
Circuit Court).
Acts
Electoral
Legislation Amendment (Electoral Funding and Disclosure Reform) Act
2018
04/12/2018 Act No. 147 of 2018
Regulation
Evidence
Regulations 2018
07/12/2018 - These regulations (the
Regulations) remake the Evidence Regulations 1995
(the Principle Regulations) with minor amendments
to ensure the Regulations remain fit for purpose and meet the needs
of the community. The Regulations remove a section in the Principal
Regulations which referred to a repealed section of the Act; add
the Evidence Act 2011 (ACT) to section 9
of the Regulations as a prescribed Act for the purpose of
self-incrimination certificates; amend Forms 2 and 3 in Schedule 1
to the Regulations to align with current practice in relation to
fingerprint evidence; and repeal the Principal Regulations
(Schedule 2).
Marriage
(Celebrant Professional Development) Amendment Statement
2018
04/12/2018 - This instrument amends the Marriage
(Celebrant Professional Development) Statement
2018 to include three additional activities and repeals and
replaces item 185 and inserts new items 186-188 to improve
efficiencies in administration of the ongoing professional
development (OPD) reporting process.
Family
Law Amendment (Costs) Rules 2018
04/12/2018 - These Rules amend the Family Law Rules 2004
to increase by 2.1% the costs allowable for work done and services
rendered by lawyers and itemised in the scale of costs in Schedule
3.
Freedom
of Information (Disclosure Log – Exempt Documents)
Determination 2018
30/11/2018 - This determination repeals the Disclosure Log
Determination No. 2013-1 (Exempt Documents) and
prescribes two categories of information that an agency or Minister
is not required to make available to members of the public as part
of a disclosure log.
Charter
of the United Nations (UN Sanction Enforcement Law) Amendment
Declaration 2018 (No. 2)
27/11/2018 – This instrument amends Schedule 1 of
the Charter of the United Nations (UN Sanction Enforcement
Law) Declaration 2008 to add sections 5 and 6 of the
Charter of the United Nations
(Sanctions—Mali) Regulations 2018. This has
the effect that sections 5 and 6 are declared as 'UN sanction
enforcement laws', meaning that contravening these prohibitions
may, pursuant to section 27 of the Charter of the United
Nations Act 1945, result in a penalty of imprisonment.
Copyright
(International Protection) Amendment Regulations 2018
26/11/2018 - These regulations amend the Copyright
(International Protection) Regulations 1969 to
update the protection provided to foreign countries. This update is
made in accordance with Australia's treaty obligations and
commitment to protecting international sound recordings and encoded
broadcasts.
Marriage
(Recognised Denominations) Proclamation 2018
26/11/2018 - This instrument replaces the Marriage
(Recognised Denominations) Proclamation 2007 (due
to sunset on 1 April 2019) on substantially the same terms, subject
to the removal of four recognised denominations and changes to the
names of three recognised denominations.
Electoral
and Referendum Amendment (Official Secretary to the
Governor-General) Regulations 2018
26/11/2018 - These regulations amend the Electoral and
Referendum Regulation 2016 to include the Office of the Official
Secretary to the Governor-General as a prescribed authority, and
sets out a prescribed purpose for giving electoral Roll information
to this prescribed authority.
Queensland
Subordinate legislation – 07 December 2018
No 210
Public Records Amendment Regulation 2018
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.
