Media
Bodies corporate, unit owners and land buyers better
supported under new reforms
New body corporate laws and protections for 'off the
plan' buyers have passed in Queensland Parliament. Previously,
if a contract included a sunset clause, developers could terminate
a sales contract for an 'off the plan' land purchase if it
was not settled within a stated time-period. The new laws limit
when property developers can invoke these clauses to help enhance
buyer confidence and protections (14 November 2023). Read more here.
Next stage of public sector whistleblowing reform
The Albanese Government has commenced the next stage in
progressing its commitment to strengthen public sector
whistleblowing reforms. These reforms implemented
21 of the 33 recommendations from the 2016 Review of the Public
Interest Disclosure Act 2013 by Mr Philip Moss AM (16 November
2023). Read more
here.
Double jeopardy exceptions to expand
Laws to expand double jeopardy exceptions to other serious
offences such as manslaughter and sexual offences were introduced
into the Queensland Parliament (29 November 2023). Read more
here.
Major increases in assistance to victims of crime passed
by parliament
The passage of the Victims of Crime Assistance and
Other Legislation Amendment Bill 2023 means all victims will
be able to access significantly greater financial assistance (30
November 2023). Read more here.
Establishing Australia's first Anti-Slavery
Commissioner
On 30 November 2023, the Attorney General introduced a
Bill to establish Australia's first federal Anti-Slavery
Commissioner. The Modern Slavery Amendment (Australian Anti-Slavery
Commissioner) Bill 2023 is a landmark reform which delivers on our
election commitment to add a new, independent pillar to
Australia's comprehensive response to modern slavery. Read more
here.
Publications
Progress and pitfalls - The fourth annual report on the
operation of Queensland's Human Rights Act 2019
On 30 November 2023, the Queensland Human Rights
Commission tabled the fourth annual report on the operation of
Queensland's Human Rights Act 2019. The purpose of
this report is to provide a resource for government, parliament,
and the community on the operation of the Act and the degree to
which it is achieving its objectives. Read more
here.
ACCC grants authorisation for electricity industry
coordination
The ACCC has granted authorisation for the Australian
Energy Market Operator (AEMO) and electricity industry participants
in the National Electricity Market to coordinate the scheduling of
repairs, maintenance, renewals upgrades and new connections and
associated information sharing. Read more
here.
Public sector conduct and performance data
released
Each year across the Queensland public sector information is
collected to understand the number, seriousness and how employee
conduct and performance matters have been handled. Read more
here.
AAT Bulletin Issue No. 23/2023 - 20 November 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.
Practice
Civil procedural fact sheets for the Supreme Court and
District Court
The Supreme Court and District Court have published
procedural fact sheets designed to provide plain English guidelines
for common procedures in civil litigation in Queensland. Read the
fact sheets
here.
Practice Direction Number 15 of 2023 – Supreme
Court of Queensland
This Practice Direction implements the Practice Note
– Harmonisation in schemes of arrangement as developed by the
Committee for the Harmonisation of Rules of the Council of Chief
Justices of Australia and New Zealand and adopted by the Supreme
Court of Queensland. Read more
here.
QCAT Practice Direction No. 4 of 2023
The Practice Direction explains the process used in QCAT
for residential tenancy disputes. It sets out what each party must
do prior to and at the hearing so that QCAT can deal with the
matter in a way that is informed, fair and efficient. Read more
here.
Cases
BZN v Chief Executive, the Department of
Children, Youth Justice and Multicultural Affairs
[2023] QSC 266
ADMINISTRATIVE LAW – JUDICIAL REVIEW –
REVIEWABLE DECISIONS AND CONDUCT – DECISIONS TO WHICH
JUDICIAL REVIEW LEGISLATION APPLIES – MEANING OF DECISION
– GENERALLY – where the applicant is a social worker
– where a child under the care and protection of the
respondent alleged he had been sexually assaulted by the applicant
– where the respondent investigated the matter as a harm
report under s 14(1) of the Child Protection Act 1999 (Qld) –
where the respondent assessed that the allegation of harm had been
substantiated – where the respondent conducted three reviews
of the original decision – where all three reviews confirmed
the original decision – where the applicant challenges the
outcome of the final review – whether the outcome of the
final review is a reviewable decision under the Judicial Review Act
1991 (Qld). Read more here.
Farquhar v Commonwealth of Australia represented by
Services Australia [2023] FedCFamC2G 1100
INDUSTRIAL LAW – Adverse action – alleged
dismissal for making complaints and inquiries – alleged
dismissal for taking personal leave – HELD that employee
dismissed for conduct and performance reasons, not for making
complaints and inquiries. Read more here.
Armitage v Parole Board Queensland [2023] QCA 239
ADMINISTRATIVE LAW – JUDICIAL REVIEW – GROUNDS
OF REVIEW – ERROR OF LAW – where the appellant was
convicted of manslaughter and sentenced to nine years six months
imprisonment – where some 80 to 85 per cent of the skeletal
remains of the deceased have been located – where it is
highly likely that the skeletal remains which are unaccounted for
may never be located or no longer exist – where the appellant
applied to the respondent for a parole order – where the
respondent made a no cooperation declaration in respect of the
appellant pursuant to s 175L of the Corrective Services Act 2006
(Qld) ("CSA") – where the respondent could only
make a no cooperation declaration if it was first satisfied that
the appellant was a no body-no parole prisoner pursuant to s 175C
of the CSA – where the primary judge's construction of s
175C results in a prisoner falling within the definition of a no
body-no parole prisoner in circumstances where all of the
"remains" of the deceased which still exist or are
capable of being located, have been located – whether on the
proper construction of s 175C, the word "remains" refers
to those remains that continue to exist and are capable of being
located – whether the learned primary judge erred in
construing s 175C. Read more here.
Simonds Queensland Constructions Pty Ltd v Queensland
Building and Construction Commission
ADMINISTRATIVE LAW – ADMINISTRATIVE TRIBUNALS
– QUEENSLAND CIVIL AND ADMINISTRATIVE TRIBUNAL – where
application seeks to review multiple decisions – whether
refusal to grant an extension of time to file an application for
internal review is reviewable – where application to review
decision to issue a direction to rectify out of time –
whether discretion should be exercised to extend time to file the
application to review – where application to review to
proceed as an application to review a scope of works decision. Read
more here.
Legislation
Bills
Bills introduced
Government
Agriculture and Fisheries and Other Legislation Amendment Bill
2023
Land and Other Legislation Amendment Bill (No. 2) 2023
Private Member
Planning and Other Legislation (Make Developers Pay) Amendment Bill
2023
Bills passed
Bills passed without amendment
Nil
Bills amended during passage
Body Corporate and Community Management and Other Legislation
Amendment Bill 2023
Local Government (Councillor Conduct) and Other Legislation
Amendment Bill 2023
Acts
Acts assented to
Property Law Act 2023 No. 27 – Assent 2 November
2023
Tow Truck Act 2023 No. 28 – Assent 2 November 2023
Body Corporate and Community Management and Other Legislation
Amendment Act 2023 No. 29 – Assent 22 November 2023
Local Government (Councillor Conduct) and Other Legislation
Amendment Act 2023 No. 30 – Assent 22 November 2023
Proclamations commencing Acts made
Proclamation No. 3 – Queensland Veterans' Council Act
2021 (commencing remaining provisions)
Proclamation No. 1 – Health and Other Legislation Amendment
Act 2023 (commencing certain provisions)
Subordinate Legislation
Subordinate legislation notified
Health and Other Legislation Amendment (Postponement) Regulation
2023
Industrial Relations (Tribunals) Amendment Rule 2023
Proclamation No. 3 – Queensland Veterans' Council Act
2021 (commencing remaining provisions)
Radiation Safety Amendment Regulation 2023
Recording of Evidence Amendment Regulation (No. 2) 2023
Rural and Regional Adjustment (Primary Producer Flood Management
Grants Scheme) Amendment Regulation
2023
State Development and Public Works Organisation (Julia
Creek–Richmond Critical Minerals Zone Water Delivery Options)
Amendment Regulation 2023
Proclamation No. 1 – Health and Other Legislation Amendment
Act 2023 (commencing certain provisions)
Medicines and Poisons (Pest Management Activities) Amendment
Regulation 2023
Medicines and Poisons (Poisons and Prohibited Substances) Amendment
Regulation 2023
Proclamation No. 3 – Land and Other Legislation Amendment Act
2023 (commencing remaining provisions)
Vegetation Management Regulation 2023
Veterinary Surgeons Amendment Regulation 2023
Proclamation No. 1 –Justice and Other Legislation Amendment
Act 2023 (commencing certain provisions)
Education (General Provisions) (Barcaldine State School P-12
Campus) Amendment Regulation 2023
Statutory Bodies Financial Arrangements Amendment Regulation
2023
Subordinate legislation tabled
Health and Other Legislation Amendment (Postponement) Regulation
2023
Industrial Relations (Tribunals) Amendment Rule 2023
Medicines and Poisons (Medicines) Amendment Regulation (No. 3)
2023
National Energy Retail Law (Queensland) Amendment Regulation
2023
Proclamation No. 1 – Criminal Code (Serious Vilification and
Hate Crimes) and Other Legislation Amendment Act 2023 (commencing
certain provisions)
Proclamation No. 3 – Queensland Veterans' Council Act
2021 (commencing remaining provisions)
Racing Integrity Amendment Regulation 2023
Radiation Safety Amendment Regulation 2023
Recording of Evidence Amendment Regulation (No. 2) 2023
Rural and Regional Adjustment (Primary Producer Flood Management
Grants Scheme) Amendment Regulation 2023
State Development and Public Works Organisation (Julia
Creek–Richmond Critical Minerals Zone Water Delivery
Options) Amendment Regulation 2023
Proclamation No. 1 – Health and Other Legislation Amendment
Act 2023 (commencing certain provisions)
Subordinate legislation repealed
Vegetation Management Regulation 2012
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.