Media
Queensland drivers may be required to take test when
they renew licence
The government is considering the introduction of a
"refresher course" on changes to road rules for people
who are renewing their drivers licence. This is part of a raft of
proposed road safety measures, prompted by Queensland recording the
worst year of road fatalities in 13 years in 2022 (10 April 2023).
Read more here.
New deal for tenants with fewer rent rises
The Department of Communities, Housing and the Digital
Economy has announced that new rules have been introduced to limit
rent increases to once per year. The reforms are designed to
balance the rights and interests of Queenslanders who rent with
those of property owners, with the aim of sustaining a healthy
rental supply (4 April 2023). Read more here.
Government commits to modernising and strengthening
anti-discrimination laws
New strengthened anti-discrimination legislation and
reform will be introduced as part of the Governments' final
response to the Queensland Human Rights Commission's (QHRC)
Building Belonging Report. In particular, strengthened
protections will be in place to combat sexual harassment and
discrimination in communities and in the workplace (3 April 2023).
Read more here.
New Queensland Law Reform Commission Chair
appointed
Experienced judicial officer and current President of the
Land Court of Queensland, President Fleur Kingham, has been
appointed Chair of the Queensland Law Reform Commission. As an
independent statutory body, the Commission plays a critical role
undertaking law reform reviews and making recommendations that are
informed by extensive research and community consultation (31 March
2023). Read more here.
Judge Catherine Muir appointed to the bench of the
Supreme Court
District Court Judge Catherine Muir will join the Trial
Division as a Supreme Court Justice. In the words of Shannon
Fentiman, Attorney-General and Minister for Justice, "Her
Honour is highly respected amongst her peers and Her Honour's
progression to the Supreme Court reflects the depth of talent and
ability of Queensland's judiciary" (31 March 2023). Read
more here.
Pilot program extending legal support for Queensland
veterans
Queensland veterans and their families now have greater
access to claims advocacy and legal assistance services through a
$600,000 legal assistance pilot program being delivered by the
Palaszczuk Government. The service is being delivered by Townsville
Community Law and seeks to assist veterans with legal issues
including accessing veterans' statutory entitlements and
transitioning to civilian life (24 March 2023). Read more here.
Partners in Government Agreement signed
The three-year agreement, struck between the state
government and the Local Government Association of Queensland,
details the key principles underlying the relationship between the
state and local governments. The agreement acknowledges that local
government is the closest level of government to the community, and
establishes the foundation for effective negotiation and engagement
between local and State government (22 February 2023). Read more here.
Publications
Queensland Audit Office releases latest State Entities
report
The Queensland Audit Office has tabled the State entities
2022-23 report which summarises the audit results of 253 Queensland
state government entities, including the 20 core government
departments. The report evaluates the timeliness of their financial
reporting and effectiveness of their internal controls. The report
also analyses the consolidated financial performance of the
Queensland Government, previously reported in the annual state
finances report. Read the report here.
Australian Work Health and Safety Strategy
2023-2033
Safe Work Australia has released the Australian Work
Health and Safety Strategy 2023-2033 which sets an ambitious vision
for work health and safety outcomes in Australia for the next ten
years. The Strategy sets a clear, unifying national goal to reduce
worker fatalities, injuries and illness. It sets out
forward-looking actions to work towards, with tangible and
achievable targets to focus efforts, as stakeholders develop and
implement their own solutions to the challenges ahead. Read the
Strategy here.
Queensland Audit Office releases latest Health
report
The Queensland Audit Office has tabled the Health 2022-23
report which discusses the audit results of Queensland's health
entities, including the Department of Health and 16 hospital and
health services. The report summarises the audit results for 13
hospital foundations, 4 other statutory bodies, and 4 controlled
entities. Read the report here.
Super savings: Practical policies for fairer
superannuation and a stronger budget
Grattan Institute has published a report discussing
recommended reforms to Australia's current superannuation
system to increase its fairness and sustainability. According to
the report, tax breaks on superannuation are excessively generous
and should be wound back to help fix the budget. Read more here.
Advocacy Action Plan 2023 released
The Local Government Association of Queensland has
released the Advocacy Action Plan 2023. The plan maps out the
current challenges and key opportunities for local government,
working in partnership with the other tiers of government, to
achieve a shared goal of creating liveable Queensland communities.
The Plan outlines all 130 resolutions which were proposed, voted
and endorsed by Queensland's 77 local councils, to be requested
to the State and Federal governments. Read more here.
Practice
AAT Bulletin Issue No. 7/2023 11 April 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.
New Practice Direction governs civil Caseflow
Management
The new Supreme Court Practice Direction 9 of 2023 aims to
facilitate the procedurally fair, efficient, timely, and cost
effective resolution of civil proceedings. The practice direction
applies to all civil proceedings commenced by claim, or ordered to
proceed as if commenced by claim, in Brisbane, and to any other
civil proceeding, if ordered by the court. Read the Practice
Direction and more information here.
New Practice Direction creates Class Actions List
The new Supreme Court Practice Direction 8 of 2023 is
designed to facilitate the management of representative proceedings
and assist in their prompt and efficient resolution. The practice
direction applies to representative proceedings under part 13A of
the Civil Proceedings Act 2011 (Qld) commenced in the
Supreme Court of Queensland, and representative proceedings which
have already been commenced, by order of the Chief Justice. Read
the Practice Direction and more information here.
Amended Practice Directions on use of electronic
devices
The Amended Practice Direction 8 of 2014 covers the use of
phones and other electronic devices in and around courtrooms,
including texting, recording, taking photos and other functions.
The Amended Practice Direction repeals Practice Direction 1 of 2009
for the Supreme Court and District Court, and three practice
directions for the Magistrates Court. Read the Practice Direction
and more information here.
Cases
Cohen v State of Queensland (Department of
Education) [2023] QIRC 99
HUMAN RIGHTS - DISCRIMINATION - OTHER MATTERS - whether to dismiss
proceeding - where complainant was directed to attend a conference
and failed to do so - where complainant failed to comply with
directions - consideration of r 45 of the Industrial Relations
(Tribunals) Rules 2011 - proceeding dismissed
Naehu v Parole Board Queensland [2023] QSC
16
ADMINISTRATIVE LAW - JUDICIAL REVIEW - GROUNDS OF REVIEW -
PROCEDURAL FAIRNESS - where the applicant applied for parole -
where the respondent refused the application for parole - where the
applicant sought a statutory order of review in respect of the
refusal on the grounds that the applicant had a legitimate
expectation of being granted a parole order - whether the applicant
was accorded procedural fairness in the decision-making process
Pearce v Queensland Building and
Construction [2023] QCAT 71
GENERAL ADMINISTRATIVE REVIEW - BUILDING - INTERNAL REVIEW OF
DECISION NOT TO ISSUE A DIRECTION TO RECTIFY - whether
"consequential damage" within the meaning of s 71H -
whether a direction to remedy consequential damage should be
issued
DR
v Director General Department of Justice and Attorney General
[2023] QCAT 79
ADMINISTRATIVE LAW - ADMINISTRATIVE TRIBUNALS - QUEENSLAND CIVIL
AND ADMINISTRATIVE TRIBUNAL - review of decision by respondent to
issue a negative notice
FAMILY LAW AND CHILD WELFARE - CHILD WELFARE UNDER STATE OR
TERRITORY JURISDICTION AND LEGISLATION - OTHER MATTERS - blue card
- where issue of negative notice - application for review - where
applicant has charge - where other relevant information -
application of s 226 and s 228 considerations
Peet v The Commissioner of State Revenue
[2023] QCAT 73
ADMINISTRATIVE LAW - ADMINISTRATIVE TRIBUNALS - QUEENSLAND CIVIL
AND ADMINISTRATIVE TRIBUNAL - whether the applicant was entitled to
the HomeBuilder Grant
Body Corporate for Metro Quays CTS 2846I v
Three Islands Pty Ltd & Ors [2023] QCATA 20
ADMINISTRATIVE LAW - ADMINISTRATIVE TRIBUNALS - QUEENSLAND CIVIL
AND ADMINISTRATIVE TRIBUNAL - error of law - obligations deriving
from legislation and subordinate legislation - division of
obligations between principal and subsidiary schemes in a layered
arrangement of community titles schemes - responsibility for
roofing membranes that are not common property but that provide
protection for lots or common property - responsibility for
maintaining roofing structures providing protection in a
structurally sound condition - where roof of building formed part
of the common property of the subsidiary scheme - whether principal
scheme responsible for maintenance of roof
Legislation
Bills introduced
Criminal Code (Serious Vilification and Hate
Crimes) and Other Legislation Amendment Bill 2023
Tobacco and Other Smoking Products Amendment Bill
2023
Queensland Climate Transition Bill 2023
Bills passed without amendment
Police Powers and Responsibilities (Jack's
Law) Amendment Bill 2023
Police Service Administration and Other
Legislation Amendment Bill 2023
Bills amended during passage
Environmental Protection and Other Legislation
Amendment Bill 2023
Housing Legislation Amendment Bill 2023
Strengthening Community Safety Bill 2023
Bills failed
Working with Children (Indigenous Communities)
Amendment Bill 2021
Acts assented to
Police Powers and Responsibilities (Jack's
Law) Amendment Act 2023 No. 4 - Assent 2 April 2023
Strengthening Community Safety Act 2023 No. 3
- Assent 22 March 2023
Proclamations commencing Acts made
Proclamation No. 7 - Building Industry Fairness
(Security of Payment) Act 2017 (repealing previous
proclamation)
Proclamation No. 8 - Building Industry Fairness
(Security of Payment) Act 2017 (commencing remaining
provisions)
Proclamation - Racing Integrity Amendment Act 2022
(commencing remaining provisions)
Subordinate legislation notified
Forestry (State Forests) and Other Legislation
Amendment Regulation 2023
Motor Accident Insurance and Other Legislation
(Administration Fee and Levies) Amendment Regulation 2023
Police Service Administration (Transfer of
Executive Officer) Amendment Regulation 2023
Public Records (Commission of Inquiry into
Forensic DNA Testing in Queensland) Amendment Regulation
2023
Public Trustee (Interest Rate) Amendment
Regulation (No. 3) 2023
Transport and Other Legislation Amendment
Regulation 2023
Heavy Vehicle (Vehicle Standards) National
Amendment Regulation 2023
Proclamation No. 7 - Building Industry Fairness
(Security of Payment) Act 2017 (repealing previous
proclamation)
Proclamation No. 8 - Building Industry Fairness
(Security of Payment) Act 2017 (commencing remaining
provisions)
Proclamation - Racing Integrity Amendment Act 2022
(commencing remaining provisions)
Recording of Evidence Amendment Regulation
2023
Superannuation (State Public Sector) Amendment
Notice 2023
Subordinate legislation tabled
Heavy Vehicle (Vehicle Standards) National
Amendment Regulation 2023
Proclamation No. 7 - Building Industry Fairness
(Security of Payment) Act 2017 (repealing previous
proclamation)
Proclamation No. 8 - Building Industry Fairness
(Security of Payment) Act 2017 (commencing remaining
provisions)
Proclamation - Racing Integrity Amendment Act 2022
(commencing remaining provisions)
Recording of Evidence Amendment Regulation
2023
Superannuation (State Public Sector) Amendment
Notice 2023|
Economic Development (Variation of Caloundra South
UDA) Amendment Regulation 2023
Legal Aid Queensland Regulation 2023
Medicines and Poisons (Medicines) Amendment
Regulation 2023
Planning (Caboolture West Interim Structure Plan)
Amendment Regulation 2023
Proclamation-Integrity and Other Legislation
Amendment Act 2022 (commencing certain provisions)
Proclamation - Police Service Administration and
Other Legislation Amendment Act 2022 (commencing remaining
provisions)
Public Sector Regulation 2023
Public Trustee (Interest Rate) Amendment
Regulation (No. 2) 2023
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.