In the media

Tougher penalties for international parental child abductions

Legislation that recently passed through Parliament fills a current gap in the law and will apply when a child, who is the subject of a court order or proceedings, is unlawfully retained overseas without parental consent or a court order. The new offences will be punishable by up to three years' imprisonment (21 October 2018). More...

Uncertainty about side-stepping warrants and detention must be resolved under encryption bill

The Australian Government’s encryption access bill raises serious questions about the ability of law enforcement and intelligence agencies to access encrypted private information without a warrant, as well as the power detain individuals in certain circumstances (19 October 2018). More...

A fairer system for considering criminal records in employment decisions

Employers will be given greater certainty about when they can reject job applications from people with criminal records. The Government will amend the Australian Human Rights Commission Regulations 1989 to clarify that whilst employers can discriminate on the basis of a 'relevant criminal record', they won't be able to discriminate if the conviction is 'irrelevant' to the role being applied for (19 October 2018). More...

Have your say on the future of disability legislation in Queensland

Minister for Disability Services Coralee O’Rourke has announced the start of public consultation for the review of the Disability Services Act 2006. Since the Act commenced there has been further recognition of the rights of people with disability at the state, national and international level (17 October 2018). More...

Police airport powers need to be strictly defined and subject to proper oversight

The Law Council has told a Parliamentary Committee today that police powers to request ID and remove people from airports are currently too broad and not subject to appropriate review in the event that the wrong decision is made (17 October 2018). More...

Palaszczuk Government delivers historic abortion laws

Abortion will be legal in Queensland for the first time in 119 years after the Parliament passed the Palaszczuk Government’s historic laws. Premier Annastacia Palaszczuk said the Termination of Pregnancy Act 2018 will ensure women can access services and health professionals can provide these services without fear or stigma (17 October 2018). More...

In practice and courts

High Court Amendment (Constitutional Writs and Other Matters) Rules 2018

These Rules were registered on the Federal Register of Legislative Instruments on 17 October 2018 and commence on 1 November 2018. The Amendment is available here and the Explanatory Statement can be found here .

Queensland Bar Association

Following a review of the provisions in the High Court Rules 2004 relating to applications for writs of mandamus, prohibition, certiorari, habeas corpus and quo warranto, the Justices of the High Court have agreed a number of amendments to Part 25 of the Rules to provide a more streamlined procedure for the filing and consideration of applications. More...

AHRC: National Workplace Sexual Harassment Inquiry – Conversation toolkit

The National Workplace Sexual Harassment Inquiry launched a conversation toolkit to assist businesses and organisations conduct facilitated conversations about workplace sexual harassment. The conversation toolkit has been developed to help employers, individuals and groups open respectful and productive discussions in their places of work, and to feed that input into their submissions to the National Inquiry (26 October 2018). More...

ALRC reminder: Review of the family law system: Discussion paper

The Discussion Paper asks 33 questions and makes 124 proposals for change to the family law system,which focus on support for children in the family law system, improving public understanding of the family law system, accessible and coordinated service delivery, and enhanced oversight of the family law system and its workforce. Submissions close on 13 November 2018. The Discussion Paper can be found here.

Review of national arrangements for the protection and management of identity information

Terms of reference: The Review will consider ways to enhance or strengthen arrangements for the protection, use and management of identity information in Australia. Public submissions will be received until 26 October. The review is to report by the end of November. 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 15 November 2018. A national communications strategy will be implemented to explain the opt-out process. During the opt out period individuals who do not want a record will be able to opt out by visiting here.

Queensland

CCC refers allegations of improper conduct relating to Operation Stockade to Parliamentary oversight committee

The Crime and Corruption Commission (CCC) referred an allegation of an offence against section 71B of the Justices Act 1886 relating to CCC and Queensland Police Service (QPS) officers involved in Operation Stockade to the Parliamentary Crime and Corruption Committee (PCCC) (26 October 2018). More...

OIC Queensland: New guide to identify and process documents of an agency for social media, personal web mail and text messages

The Office of the Information Commissioner recently published a guideline to assist agencies to identify when these will be classed as documents of an agency or a minister, as well as on capturing and processing these documents as part of an access application. To complement the guideline a quick reference guide digital documents and right to information has been published and highlights common digital documents and the requirements under the Right to Information Act 2009. More...

QLS Ethics and practice notes

Guidance Statement No.15 – In-house counsel – practising certificates

On 4 October 2018, the Queensland Law Society Ethics Committee approved Guidance Statement No.15 for publication.

OIC Queensland: Privacy Impact Assessment workshop – 26 November 2018

Participants will work through a hypothetical proposed new program that has significant privacy implications, with a focus on three elements: mapping personal information flows, identifying applicable privacy principles and ensuring compliance with the privacy principles. More...

Published - articles, papers, reports

Understanding the disruptive technology ecosystem in Australian urban and housing contexts: a roadmap

Christopher J. Pettit, Edgar Liu, Ellie Rennie, Jake Goldenfein, Stephen Glackin; Australian Housing and Urban Research Institute: 25 October 2018. While much work has been done in opening up property data assets across governments, significant work is required on data standards, privacy standards and data sharing across government, industry and the non-profit sectors.

Police use of CCTV on the rail network

Anthony Morgan, Maggie Coughlan; Australian Institute of Criminology: 18 October 2018. Despite support from police for the use of CCTV, and its popularity in public places, there has been limited research into the use of CCTV by police for investigative purposes. This study attempted to better understand police demand for CCTV footage from the NSW rail network.

Young people in child protection and under youth justice supervision: 1 July 2013 to 30 June 2017

Australian Institute of Health and Welfare: 16 October 2018. This report presents information on people aged 10–17 who were in the child protection system and under youth justice supervision from 1 July 2013 to 30 June 2017.

Article: Australian Information Commissioner and Privacy Commissioner in The Australian

OAIC: 23 October 2018.

Human error and deception. Compromised credentials. One-off incidents. This is the reality of most data breaches notified to the Office of the Australian Information Commissioner since mandatory reporting began in February.

Judicial Decision-Making in Times of War and Relative Peace – The Hon Susan Kiefel AC

In some controversial decisions during World War II and in its aftermath, the Court held invalid statutory and regulatory measures.

Social values and the criminal law's adaptability to change

Chief Justice Susan Kiefel AC, Paper delivered at the International Criminal Law Congress, Byron Bay, 6 October 2018.

Cases

Productivity Partners Pty Ltd v Commonwealth of Australia [2018] FCA 1562

ADMINISTRATIVE LAW – judicial review of decisions refusing to pay vocational education provider under Higher Education Support Act 2003 (Cth) – where respondents seek dismissal of application for judicial review as incompetent or, alternatively, summary judgment – whether decisions were made under an enactment – whether applicant’s legal rights altered or otherwise affected – whether relief available under s 39B of the Judiciary Act 1903 (Cth) – originating application dismissed.

Australian Broadcasting Corporation and Department of Communications and the Arts (Freedom of information) [2018] AICmr 66

Freedom of Information — Whether material in document irrelevant to the request — Whether disclosure would unreasonably affect an organisation in respect of its lawful business affairs — (CTH) Freedom of Information Act 1982 ss 22 and 47G.

Galaxy Day Care Pty Ltd v Secretary, Department of Education and Training [2018] FCA 1549

ADMINISTRATIVE LAW – judicial review of a decision of a delegate of the respondent to cancel the applicant’s approval as a provider of child care services under s 195H(1)(b) of A New Tax System (Family Assistance) (Administration) Act 1999 (Cth). PRACTICE AND PROCEDURE – stay application – whether delegate’s decision should be stayed until completion of respondent’s internal review – whether there is a serious question to be tried – whether balance of convenience favours granting a stay.

Legislation

Commonwealth

Regulation

High Court Amendment (Constitutional Writs and Other Matters) Rules 2018

17/10/2018 - This instrument amends the High Court Rules 2004 to provide for a more streamlined procedure when filing and considering applications for Constitutional Writs.

Intellectual Property Laws Amendment (Productivity Commission Response Part 1 and Other Measures) Regulations 2018

16/10/2018 - These Regulations amend the Designs Regulations 2004, Patents Regulations 1991, Plant Breeder’s Rights Regulations 1994, and Trade Marks Regulations 1995 to prescribe matters required under provisions of the Acts as amended by the Intellectual Property Laws Amendment (Productivity Commission Response Part 1 and Other Measures) Act 2018, and to align and streamline certain processes involved with obtaining and maintaining IP rights.

Bills

Copyright Amendment (Online Infringement) Bill 2018

HR Third reading 24/10/2018 - The purpose of the Copyright Amendment ( Online Infringement ) Bill 2018 (Bill) is to amend the online copyright infringement scheme , as set out in section 115A of the Copyright Act 1968 (the Act) , which is aimed at blocking access by users in Australia to overseas online locations that facilitate large- scale infringement of copyright.

Discrimination Free Schools Bill 2018

Introduced Senate – 16/10/2018 - This Bill amends the Sex Discrimination Act 1984 (the Act), removing the current exemption for religious schools to discriminate against students and teachers on the basis of sexual orientation or gender identification.

Acts

Government Procurement (Judicial Review) Act 2018

22/10/2018 - Act No. 129 of 2018

Queensland

Subordinate legislation as made

No 159 Public Records (CCYPCG and QR Limited) Amendment Regulation 2018 19 October 2018

No 160 Proclamation—Child Protection Reform Amendment Act 2017 (commencing remaining provisions) 19 October 2018

No 161 Child Protection (Information Sharing) Amendment Regulation 2018 19 October 2018

No 165 Childrens Court Amendment Rule 2018 26 October 2018