Media
Platform full of praise for upcoming Queensland property
law overhaul
The Property Law Bill is expected to come before
Parliament again, with proposed changes requiring sellers to
disclose detailed particulars about their property including
structural defects to legal limitations and planning-related
complications. LocalAgentFinder has weighed in, said the
introduction of full disclosure in property transactions will bring
real change to the industry (18 August 2023). Read more
here.
Community to have say on Mackay SDA
Community members can have their say on a proposed State
Development Area (SDA) for Mackay. The proposed SDA will focus on
developing new industries critical to the global shift to net zero,
such as biomanufacturing, renewable energy and green jet fuel.
Public consultation will run until 15 September (16 August 2023).
Read more here.
Local government expenditure caps begin on 14 August
2023
New caps for local government electoral spending are now
in effect. The new caps will apply to anyone planning to
participate in the upcoming local government elections including
councillors, candidates, groups of candidates, registered political
parties and third parties (14 August 2023). Read more here.
Palaszczuk Government accepts Legal Affairs and Safety
Committee recommendations
The Queensland Government has released its response to a
recent Report from the Legal Affairs and Safety Committee. The
Inquiry into support provided to victims of crime Report included
18 recommendations, all of which the government has supported, or
supported in principle (09 August 2023). Read the response here.
Comprehensive review of the Public Interest Disclosure
Act released
The Honourable has Alan Wilson KC delivered the final
report on the review the Public Interest Disclosure Act 2010. The
Report detailed 107 recommendations, which have been broadly
supported by the Queensland Government to renew the state's
whistleblowing framework to ensure wrongdoing in the public sector
can be effectively exposed and remedied (8 August 2023). Read more
here.
Queensland unit owners fear body corporate law reform
could force them from homes in property hotspots
Draft legislation expected to be introduced to the
Queensland parliament within months will allow body corporate
schemes of unit complexes to be terminated with the support of 75
per cent of title holders. The reforms to Queensland's body
corporate laws were announced in response to a 2022 Queensland
Government housing summit aimed at solving the state's ongoing
housing shortage. (14 July 2023). Read more
here.
Publications
How to get the energy transition back on track
According to the Grattan Institute, Australia's energy
system is at a critical junction. Continuation of current trends
will mean missing our 2030 emissions reduction targets, risking
electricity system reliability, and failing to deliver the federal
government's election promise of cheaper electricity. Change is
urgently required on all three fronts. Read more
here.
Unemployment rate rises to 3.7 per cent in July
The unemployment rate increased by 0.2 percentage points
to 3.7 per cent in July, according to data released by the
Australian Bureau of Statistics. The fall in employment follows an
average monthly increase of around 42,000 people during the first
half of this year. Employment is still around 387,000 people higher
than last July. Read more
here.
Improving asset management in local government
With Queensland councils owning and operating
approximately $114 billion worth of infrastructure assets, it is
pivotal they manage them effectively. The Queensland Audit Office
is conducting an ongoing examination of the sector's progress,
with the latest report surveying councils on the maturity of their
approaches to asset management compared to international better
practice. Read more
here.
Farm sector debt reaches $109.9 billion
The latest agricultural lending statistics provided by the
Australian Prudential Regulatory Authority shows an increase in
aggregate lending to the farm sector of 9 per cent in
2021–22. Data shows that much of this increase in borrowing
has been for on-farm investment, particularly land purchases, with
debt finance of critical importance, both to fund new investment
and manage variability in revenue and profit. Read the Trends in
farm debt: Agricultural lending data 2021-22 report
here.
Practice
Appointments to the High Court of Australia
The High Court of Australia has made two new appointments.
Justice Stephen Gageler AC has been appointed the fourteenth Chief
Justice of the High Court of Australia, commencing on 6 November.
Justice Robert Beech-Jones has also been appointed, commencing 6
November 2023. Read more
here.
Administrative Appeals Tribunal Bulletin Issue No.
16/2023
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.
Update to the Practice Direction: Giving Documents or
Things to the AAT
The Practice Direction specifies ways in which a document
or thing may be lodged with, or given to, the AAT in accordance
with the Administrative Appeals Tribunal Act 1975, the Migration
Act 1958 and the Migration Regulations 1994. Read more
here.
Countdown to election begins
The countdown to next month's Queensland Law Society
(QLS) Council Election has begun. Nominations open on 11 September
and only full members on the Roll of Electors on that date are
eligible to stand for election, vote and nominate candidates. To be
included on the roll, please ensure you are a full member before 8
September and your details are up to date. Read more
here.
Cases
Agenda Australia
Pty Ltd v Queensland Building and Construction Commission
[2023] QCAT 308
ADMINISTRATIVE LAW – APPLICATION FOR AN EXTENSION OF TIME
– whether decision to issue direction to rectify no longer
reviewable due to s 86F of the Queensland Building and Construction
Commission Act 1991 (Qld) – where s 86F does not apply
– where time to file an application to review has passed
– whether time to file an application to review should be
extended under s 61 of the Queensland Civil and Administrative
Tribunal Act 2009 (Qld).
Etheridge Shire
Council [2023] QCAT 263
HUMAN RIGHTS – DISCRIMINATION LEGISLATION – GENERALLY
– SPECIAL MEASURES – where the Applicant seeks an
exemption from the operation of specified provisions of the
Anti-Discrimination Act 1991 (Qld) in order to operate an
independent living facility for people 65 and older –
reserved for the over 65s – whether grounds for exemption
– whether they are special measures – where the
Queensland Human Rights Commissioner opposes the application
– whether the exemption should be granted
Brisbane City
Council v Leahy [2023] QCA 133
ADMINISTRATIVE LAW – JUDICIAL REVIEW – GROUNDS OF
REVIEW – PROCEDURAL FAIRNESS – EXISTENCE OF OBLIGATION
– RIGHTS AND INTERESTS AFFECTED BY THE DECISION – where
the appellant Council approved the exhibition of an electronic
advertising structure ("the sign") – where the sign
was erected on land adjacent to the boundary of the first
respondent's property – where the Council did not afford
the first respondent procedural fairness prior to approving the
exhibition of the sign
Valkyrie and Hill
v Shelton [2023] QCAT 302
HUMAN RIGHTS – DISCRIMINATION LEGISLATION – GROUNDS OF
DISCRIMINATION – OTHER MATTERS – where complaints of
vilification – where the respondent published a blog and
other posts critical of the complainants' drag queen
performance for children in a library – whether the
publications incited hatred towards, serious contempt for, or
severe ridicule of the complainants on the ground of their
sexuality or gender identity – where the complainants made
their complaints as individuals but relied on vilification of
various groups of persons of which they were members
Crowley v
Jackson [2023] QCAT 227
HUMAN RIGHTS – DISCRIMINATION LEGISLATION – INDIRECT
DISCRIMINATION – where the respondent operates a café
– where public health directives were in place during
COVID-19 – where the applicant was refused service for
refusing to wear a mask – where the applicant claimed a
medical exemption from wearing a mask – where the applicant
says imposing a term of wearing a face mask as a condition of
service amounts to indirect discrimination
Winkworth v
Commissioner of State Revenue [2023] QCAT 282
GENERAL ADMINISTRATIVE REVIEW – FIRST HOME OWNER GRANT
– Appeal of decision of Commissioner of State Revenue to
affirm original decision to refuse the applicant the HomeBuilder
Grant – where application for grant denied on the basis that
the transaction for which the grant was sought was not an eligible
home builder transaction because the construction commencement date
was earlier than the contract commencement date – where
respondent refused grant because application did not comply with
Administrative Direction
Directives, policies and procedures since the commencement of the Public Sector Act 2022
Appeals (Directive 04/23) 1 March 2023
Appeals Guide 1 March 2023
Discipline (Directive 05/23) 1 March 2023
Review of non-permanent employment (Directive 02/23) 1 March 2023
Review of acting or secondment at higher classification level (Directive 03/23) 1 March 2023
Suspension (Directive 06/23) 1 March 2023
Recruitment and selection (Directive 07/23) 26 June 2023
Suitability for employment (Directive 08/23) 26 June 2023
Fixed term contracts of employment – executive employees (Directive 11/23) 1 July 2023
Senior executive service – employment conditions (Directive 09/23) 1 July 2023
Senior officer – employment conditions (Directive 10/23) 1 July 2023
Queensland Public Service Customer Complaint Management Guideline 27 July 2023
Preventing and responding to workplace sexual harassment (Directive 12/23) 28 July 2023
Domestic Travelling and Relieving Expenses (Directive 13/23) 31 July 2023
Legislation
Proclamations commencing Acts made
Proclamation No. 1 – Domestic and Family Violence Protection
(Combating Coercive Control) and Other Legislation Amendment Act
2023 (commencing remaining provisions)
Subordinate legislation notified
Child Protection Regulation 2023
Duties Regulation 2023
Waste Reduction and Recycling (Expansion of Container Refund Scheme) Amendment Regulation 2023
Water Plan (Burdekin Basin) (Postponement of Expiry) Notice 2023
Hospital and Health Boards Regulation 2023
Petroleum and Gas (Safety) and Other Legislation Amendment Regulation 2023
Building and Other Legislation (Public Cyclone Shelters) Amendment Regulation 2023
Criminal Practice Amendment Rule 2023
Domestic and Family Violence Protection Amendment Rule 2023
Economic Development (Sunshine Coast Airport PDA) Amendment Regulation 2023
Local Government (Moreton Bay City Council) and Other Legislation Amendment Regulation 2023
Planning (Assessment Fees and Other Matters) Amendment Regulation 2023
Public Trustee (Interest Rate) Amendment Regulation (No. 6)
2023
Racing Regulation 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.