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Queensland Government Bulletin

29 May 2023

10 min read

#Government

Published by:

Laura Guise

Queensland Government Bulletin

Media

Detention laws – are they a last resort for teen crims, or for the government?
The Queensland government will scrap detention as a last resort for young offenders amid growing youth crime concerns. The Premier has stated that the Youth Justice Act is to be amended so that children will be detained where “necessary” (1 May 2024).  Read more here

Two new Justices appointed and Justice Brown elevated
Queensland welcomes Michael Copley KC and Rebecca Tresons KC as new Supreme Court justices. The Honourable Justice Susan Brown KC has also been appointed to the Court of Appeal after seven years as a Supreme Court justice (2 May 2024).  Read more here.

Engineered stone work to cease from 1 July
As of 1 July 2024 all work with engineered stone in Queensland must stop. This ban comes as an effort to protect workers from serious health conditions, such silicosis. Any business that wishes to engage in permitted work with the engineered stone will be required to notify WHS regulators (6 May 2024).  Read more here.

Regional councils share in $300 million for critical infrastructure
“Regional councils are at the coalface of delivering for their growing communities, well above the roads, rates and rubbish they are often tagged with… This bigger, better $300 million round will support even more projects and importantly, even more local jobs,” stated Premier Steven Miles (8 May 2024).  Read more here.

Islamic College of Brisbane and Queensland Churches Together oppose Anti-Discrimination Bill 2024
A coalition of Brisbane's religious leaders say proposed laws will stifle religious freedoms for faith-based schools. The draft bill will prevent religious schools from refusing employment to teachers on religious grounds unless it is a "genuine occupational requirement" (8 May 2024).  Read more here.

New senior government appointments announced
Three new Directors-General have been appointed to three Queensland Government departments. Linda Dobe has been appointed as the Director-General for the Department of Regional Development, Manufacturing and Water. Peter McKay has been appointed as Director-General of the Department of Employment, Small Business and Training. Graeme Bolton has been appointed as the Director-General of the Department of Agriculture and Fisheries. Stephen Smith has also been appointed as the commissioner Queensland Fire and Emergency Services (17 May 2024).  Read more here

Peter Dutton’s alternative: Lower migration, more homes, and a populist swipe at billionaires
The leader of the Liberal Party, Peter Dutton has given his budget in reply which takes aim at immigration as a cause for concern, especially when considering the current housing crisis. In his reply, Mr Dutton outlined that he would cut migration from 185,000 to 140,000 for a period of two years but stressed that there would be visas available for those needed in construction (17 May 2024). Read more here.

Publications

Overseas migration, Queensland, 2022-23
The Queensland Government Statistician’s Office has issued its report on Queensland’s net overseas migration. The results show that migration has increased from 29,620 in 2021-22 to 84,000 persons in 2022-23. Read the results here.

Exports of Queensland goods overseas, March 2024
The value of Queensland exports has decreased by $62.5 billion over the year to March 2024. The report shows that China was the largest export destination over the year to March 2024 with $24.8 billion. Read the results here.

Unemployment rate rises to 4.1% in April, along with higher participation
The seasonally adjusted unemployment rate rose by 0.2 percentage points to 4.1 per cent in April, up from a revised 3.9 per cent in March, according to data released by the Australian Bureau of Statistics (ABS). Read the results here

Practice

QCAT introduces five forms for disputes
The Queensland Civil and Administrative Tribunal (QCAT) has introduced five forms for disputes under the Manufactured Homes (Residential Parks) Act 2003 (Qld) and Retirement Villages Act 1999 (Qld) to streamline the application process in both jurisdictions. Read more here.

AAT Bulletin Issue No. 8/2024 22 April 2024
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

Supreme Court of Queensland Practice Direction Number 15 of 2024
This Practice Direction requires that, for the purposes of r 452(2)(b) of the Uniform Civil Procedure Rules 1999 (Qld), a Registrar of the Supreme Court may constitute the Court to hear and decide an application to the legal profession made by an interstate lawyer under the Mutual Recognition Act 1992 (Cth) or by a New Zealand lawyer under the Trans-Tasman Mutual Recognition Act 1997 (Cth). Read more here

Cases

Clark v State of Queensland (Queensland Corrective Services) [2024] QIRC 112
PUBLIC SECTOR – CLASSIFICATION, PROMOTION OR TRANSFER – appeal against a promotion decision – where the appellant is permanently employed by the respondent as a Senior Advisor (AO6) – where the appellant applied for the Principal Advisor (AO7) role – where the appellant's application was unsuccessful – consideration of whether the recruitment and selection process was deficient – promotion decision confirmed.

Walker Group Holdings Pty Ltd v Secretary, Department of Climate Change, Energy, the Environment and Water [2024] FCA 504
ADMINISTRATIVE LAW – Freedom of Information Act 1982 (Cth) – request for access to documents relating to the Toondah Harbour Project – where documents created during the statutory consultation process under the Environmental Protection and Biodiversity Conservation Act 1999 (Cth) – appeal from the Administrative Appeals Tribunal decision granting access – whether conditional exemptions to disclosure in the Freedom of Information Act 1982 (Cth) s 47G applied – whether the Tribunal failed to address clearly articulated arguments – whether the Tribunal misapplied the statutory test – no errors of law proven – appeal dismissed.

Softmed Manufacturing Pty Ltd v Secretary, Department of Health and Aged Care [2024] FCA 491
ADMINISTRATIVE LAW – application for judicial review of decision of delegate of the Secretary, Department of Health and Aged Care to release certain information pursuant to s 61(3) of the Therapeutic Goods Act 1989 (Cth) to various Commonwealth, State and Territory health authorities – whether there was a breach of the rules of natural justice – whether there was a failure to take a relevant consideration into account – whether the exercise of power was so unreasonable no reasonable person could have so exercised the power – whether declaratory relief ought to be granted.

Orr v Director of Proceedings on behalf of the Health Ombudsman [2024] QCA 67
ADMINISTRATIVE LAW – ADMINISTRATIVE TRIBUNALS – STATUTORY APPEALS FROM ADMINISTRATIVE AUTHORITIES TO COURTS – where the appellant was a medical practitioner – where the respondent referred the appellant to the Queensland Civil and Administrative Tribunal (“the Tribunal”) for disciplinary proceedings for misconduct – where, in deciding to make the referral, the respondent relied upon material (“the impugned evidence”) which had been obtained in the course of a related investigation by the Health Ombudsman.

Legislation

Bills introduced

Government

Cheaper Power (Supplementary Appropriation) Bill 2024
Help to Buy (Commonwealth Powers) Bill 2024
Queensland Community Safetys Bill 2024

Private member

Criminal Code (Defence of Dwellings and Other Premises – Castle Law) Amendment Bill 2024

Bills passed without amendment

State Emergency Service Bill 2024

Bills amended during passage

Disaster Management and Other Legislation Amendment Bill 2024

Bills failed

Planning (Inclusionary Zoning Strategy) Amendment Bill 2023

Acts assented to

Clean Economy Jobs Act 2024 No. 16 – Assent 26 April 2024
Energy (Renewable Transformation and Jobs) Act 2024 No. 15 – Assent 26 April 2024
Housing Availability and Affordability (Planning and Other Legislation Amendment) Act 2024 No. 13 – Assent 26 April 2024
Emergency Services Reform Amendment Act 2024 No. 18 – Assent 3 May 2024
State Emergency Service Act 2024 No. 19 – Assent 3 May 2024
Marine Rescue Queensland Act 2024 No. 20 – Assent 3 May 2024
Victims’ Commissioner and Sexual Violence Review Board Act 2024 No. 21 – Assent 9 May 2024

Proclamations commencing Acts made

Proclamation – Path to Treaty Act 2023 (commencing remaining provisions)
Proclamation No. 1 – Transport and Other Legislation Amendment Act 2024 (commencing certain provisions)
Proclamation No. 1 – Integrity and Other Legislation Amendment Act 2024 (commencing certain provisions)
Proclamation No. 1 – Work Health and Safety and Other Legislation Amendment Act 2024 (commencing certain provisions)
Proclamation No. 2 – Victims of Crime Assistance and Other Legislation Amendment Act 2023 (commencing remaining provisions)

Subordinate legislation notified

Body Corporate and Community Management Legislation Amendment Regulation 2024
Criminal Code (Prohibited Symbols) Regulation 2024
Legal Profession (Society Rules) Amendment Notice (No. 2) 2024
Medicines and Poisons (Medicines) Amendment Regulation 2024
Plumbing and Drainage Amendment Regulation 2024
Police Powers and Responsibilities (Minor Drugs Offence) Amendment Regulation 2024
Proclamation – Path to Treaty Act 2023 (commencing remaining provisions)
Rural and Regional Adjustment (Variation of Resilient Homes Assistance Scheme) Amendment Regulation 2024
Proclamation No. 1 – Transport and Other Legislation Amendment Act 2024 (commencing certain provisions)
Water Plan (Mary Basin) 2024
Fisheries (Structural Reform Stage 2) and Other Legislation Amendment Regulation 2024
Penalties and Sentences (Penalty Unit Value) Amendment Regulation 2024
Proclamation No. 1 – Integrity and Other Legislation Amendment Act 2024 (commencing certain provisions)
Proclamation No. 1 – Work Health and Safety and Other Legislation Amendment Act 2024 (commencing certain provisions)
Proclamation No. 2 – Victims of Crime Assistance and Other Legislation Amendment Act 2023 (commencing remaining provisions)

Subordinate legislation tabled

Body Corporate and Community Management Legislation Amendment Regulation 2024
Criminal Code (Prohibited Symbols) Regulation 2024
Legal Profession (Society Rules) Amendment Notice (No. 2) 2024
Lotteries Amendment Regulation 2024
Medicines and Poisons (Medicines) Amendment Regulation 2024
Plumbing and Drainage Amendment Regulation 2024
Police Powers and Responsibilities (Minor Drugs Offence) Amendment Regulation 2024
Proclamation – Path to Treaty Act 2023 (commencing remaining provisions)
Water Plan (Burnett Basin) (Postponement of Expiry) Notice 2024

Subordinate legislation repealed
Retail Shop Leases and Other Commercial Leases (COVID-19 Emergency Response) Regulation 2020
Water Plan (Mary Basin) 2006

Subordinate legislation expired
Retail Shop Leases and Other Commercial Leases (COVID-19 Emergency Response) Regulation 2020

Disclaimer
The information in this bulletin is of a general nature and is not intended to address the circumstances of any particular individual or entity. Although we endeavour to provide accurate and timely information, we do not guarantee that the information in this bulletin is accurate at the date it is received or that it will continue to be accurate in the future.

Published by:

Laura Guise

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