In the media
On the spot fines to keep Victorians safe
The Victorian Government is working to protect our health
system and those at most risk of contracting coronavirus, with
Victoria Police being given the power to issue on the spot fines of
up to $1,652 for individuals and up to $9,913 for businesses who
don't follow the rules (28 March 2020).
More...
Prisoners could be given sentence discounts during
COVID-19 outbreak, Victorian
During the sentencing of Travis John Wills for
manslaughter, Justice Paul Coghlan raises the issue of what
"special concessions" might come into effect for
prisoners if a COVID-19 outbreak in prison forced a lockdown (25
March 2020).
More...
QCAT COVID-19 Update - Summary of QCAT Practice
Directions 2, 3 and 4 commencing, 30 March 2020
Three new practice directions have been issued to set out
procedures across the guardianship, urgent minor civil dispute
(MCD) and other QCAT jurisdictions to minimise the
spread of COVID-19 virus (27 March 2020). More...
In practice and courts
Federal Court of Australia
The Federal Court is conducting hearings using Microsoft
Teams technology and has released: a
special measures information note; and a
practitioners' guide to the use of this technology.
Cases
Williams v Queensland Police Service
[2019] QDC 275
WEAPONS ACT – APPEAL AGAINST SENTENCE –
FORFEITURE OF FIREARMS – SENTENCE MANIFESTLY EXCESSIVE
– where the appellant pleaded guilty to four offences against
the Weapons Act 1990 – where the firearms, the subjects of
the offences, were forfeited for destruction, the appellant was
fined $2500 in relation to each offence, and convictions were
recorded – where the appellant appeals his sentence on the
basis of it being excessive.
JUSTICES ACT – APPEAL – LEGAL, FACTUAL OR DISCRETIONARY
ERROR – REHEARING ON THE EVIDENCE – RE-SETENCE –
where the appellant appeals pursuant to s 222 of the Justices Act
1886 – where the appellant must demonstrate the sentence was
the result of some legal, factual or discretionary error.
Explosives Act 1999 Qld s 106; Justices Act 1886 Qld ss 222,
223
Body Corporate for Riverside Hamilton v Queensland Building
and Construction Commission & Anor [2020]
QCAT 65
ADMINISTRATIVE LAW – ADMINISTRATIVE TRIBUNALS
– QUEENSLAND CIVIL AND ADMINISTRATIVE TRIBUNAL –
whether complaint made in time – where works rectified
– whether application should be struck out
PROCEDURE – CIVIL PROCEEDINGS IN STATE AND TERRITORY COURTS
– JOINDER OF CAUSES OF ACTION AND OF PARTIES – PARTIES
– whether the subcontractors should be joined
Queensland Building and Construction Commission Act 1991 Qld s 71J,
s 72; Queensland Civil and Administrative Tribunal Act 2009 Qld s
42, s 63, s 97
Jackson & Anor v Commissioner, Queensland Fire and
Emergency Services [2020] QCAT
64
ADMINISTRATIVE LAW – ADMINISTRATIVE TRIBUNALS
– QUEENSLAND CIVIL AND ADMINISTRATIVE TRIBUNAL – review
of decision to issue requisition for installation of a fire hydrant
– whether jurisdiction to issue requisition – whether
premises is within rural or urban fire zone
Queensland Civil and Administrative Tribunal Act 2009 Qld s 19, s
20, s 28, s 157(2); Fire and Emergency Services Act 1990 Qld s
69
Allen & Taylor v Queensland Building and Construction
Commission [2020] QCAT
63
ADMINISTRATIVE LAW – ADMINISTRATIVE TRIBUNALS
– QUEENSLAND CIVIL AND ADMINISTRATIVE TRIBUNAL –
CONTRACTS TERMINATION UNDER THE CONTRACT – TERMINATION UNDER
THE GENERAL LAW – HOME WARRANTY INSURANCE SCHEME
–– whether the builder's termination for
repudiation was lawfulQueensland Building and Construction
Commission Act 1991 Qld Part 5, s 67X, Schedule 1B s 34; Queensland
Civil and Administrative Tribunal Act 2009 Qld s 20
Legislation
Commonwealth
Regulation
Prime
Minister's direction under subsection 21(1) – 2020 (No.
1)
27/03/2020 - This instrument facilitates the most
efficient and effective deployment of APS employees and expertise
to meet the exceptional challenge posed by COVID 19 to Australian
society - a task which has become the principal focus of APS
endeavour.
Court
Martial and Defence Force Magistrate Rules
2020
25/03/2020 - This instrument prescribes the rules and
processes that are to be undertaken by a court martial and Defence
Force Magistrate proceeding under the Defence Force Discipline Act
1982.
Marriage
(Celebrant Professional Development) Amendment Statement
2020
16/03/2020 - This instrument amends the Marriage
(Celebrant Professional Development) Statement 2020 by adding three
news activities from which marriage celebrants can choose to
contribute to completion of their ongoing professional development
obligation for 2020
Queensland
Bills updated
Corrective Services and Other Legislation Amendment Bill
2020
Stage reached: Referred to Committee on 17/03/2020
The objective of the Bill is to respond to the immediate risks
identified in the Crime and Corruption Commission's Taskforce
Flaxton: An examination of corruption risks and corruption in
Queensland's prisons, support the Government's
implementation of recommendations from the Queensland Parole System
Review, and improve operational efficiencies for Queensland
Corrective Services and the Parole Board Queensland.
Transport and Other Legislation (Road Safety, Technology and Other
Matters) Amendment Bill 2020
Introduced by: Hon M Bailey MP on 17/03/2020 Stage reached:
Referred to Committee on 17/03/2020
The objectives of the Bill are to support the introduction and
ongoing operation of a Digital Licence App, facilitate camera
enforcement of seatbelt and mobile phone offences, and make minor
and technical improvements to clarify the operation of some drug
and drink driving provisions
Public Health and Other Legislation (Public Health Emergency)
Amendment Bill 2020
Introduced 18/03/2020 - Part 3 Amendment of Constitution of
Queensland 20015
Amendment of sch 2 (Dictionary)Schedule 2—insert—2020
quadrennial election means the quadrennial election for 2020.Part 3
Amendment of Constitution of Queensland 20016Act amended.
This part amends the Constitution of Queensland 2001.7Amendment of
s 50 (Meetings of Executive Council
Subordinate legislation as made - 20 March 2020
No 30
Guardianship and Administration and Other Legislation Amendment
(Postponement) Regulation 2020
No 35
Police Service Administration (Queensland Corrective Services)
Amendment Regulation 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.
