02 February 2025
11 min read
#Government, #Queensland Government
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Given today’s unpredictability, it is crucial for Government lawyers to be prepared for anything. Below, we highlight four key challenges that stand out.
Knowledge velocity is a recently identified concept which holds that the entirety of human knowledge, which once doubled approximately every 100 years, is now estimated to double every 12 hours.
As well as knowing where to acquire new knowledge, government lawyers must know what to acquire and how to apply it. The legal community can be notoriously slow to react to new concepts, however this is no longer acceptable.
For perspective: 15 years ago, issues like climate change litigation, assisted reproductive technology law, vaping law, drone law, data breaches, cyber ransoms, personal data privacy and Internet of Things (IoT) laws didn’t exist.
The first solution to almost any problem in today’s world is AI. Used effectively, AI can confront knowledge deficits and capacity issues. Some Queensland Government lawyers may have access to QChat (the government’s AI product) which if used properly, may assist in a myriad of daily tasks.
Use of AI is only one part of this equation: the other is the regulation and response to digital transformation. As 2025 presents regulatory challenges in areas such as AI, autonomous vehicles, blockchain and IoTs, the Federal Government started to develop AI regulation through a Voluntary Safety Standard as a ‘guard rail’. It is unknown whether there might be a specific Act to cover the field properly, or whether certain existing areas (e.g. consumer protection) will have their legislation supplemented.
Currently there exists ‘regulatory gap’ for AI in Queensland. There are policies – including ‘Use of generative AI in Queensland Government’ and agency strategic planning covered by the Artificial Intelligence Governance Policy. The courts have observed it is a matter for the legal profession to provide guidance on AI usage, so the Queensland Law Society published a Guidance Statement on the use of Artificial Intelligence in Legal Practice, and the Bar Association of Queensland is considering guidelines for its members. This area is set to grow and guidelines to be rapidly overtaken, possibly by higher order statutory instruments.
Another challenge is developing in-house capacity in emerging fields that may be outside the bounds of traditional agency business. Examples include cyber security, smart contracts, software litigation, data disclosure and technology transfer agreements as well as seeking advice and external counsel where appropriate to supplement that capacity. The process of recruitment will require further agility in the realisation that the ‘gig economy’ exists.
Another key challenge is ensuring the agency's legal advice remains independent and trustworthy (as recommended by the Robodebt Royal Commission) while supporting a whole-of-government approach, including compliance with the Significant Litigation Directions. This will see government agencies moving away from a ‘silo’ approach and will impact government lawyers with increased requests for advice and data sharing between agencies and inter-agency collaborations.
The devil is in the detail, but also in the data: planning the way forward requires tapping into vast public sector data to better meet internal client needs and external business goals. However, this must be done while addressing ongoing challenges around the use and disclosure of sensitive data, particularly in health and medical organisations.
Practice management and project management software that allows ease of use, is tailored specifically to the needs of the business, and provides meaningful data to drive the core business of the organisation, will become more sought after than ever. Products such as Motion, Click-Up, Co-Pilot and Xakia are a few of the myriad of applications available to encourage better team collaboration and efficiency as well as data-driven outcomes.
Information is more powerful than ever before. Part of the challenge for government lawyers will be managing transparency in providing access to information while still protecting personal data.
Beginning 1 July 2025, a major change in the privacy space is the abolition of Information Privacy Principles (IPPs), which apply to non-health agencies, and National Privacy Principles (NPPs), which apply to health agencies. Both IPPs and NPPs will be replaced entirely by the Queensland Privacy Principles (QPPs) which will apply to every agency within the jurisdiction of the Information Privacy Act 2009.
Government agencies are an obvious target for a cyberattack because of the value of the data stored and use of legacy systems. Knowing how to manage and advise on a potential data breach has become a mandatory skill set for government lawyers. In 2025, Queensland will see the introduction of the Mandatory Notification of Data Breach (MNDB) scheme, which will require government agencies to act when a data breach occurs. The MNDB scheme will apply to all Queensland government agencies from 1 July 2025, and to local government agencies from 1 July 2026.
From 1 July 2025, the Anti-Discrimination Act 1991 will include new protected attributes, including potential pregnancy, appearance, family/carer responsibilities and irrelevant criminal or medical records.
All those in the public sector should be aware of the new positive duty, whereby employers will be required to prevent discrimination based on any protected attribute and sexual harassment by implementing reasonable and proportionate measures.
Throughout all this rapid change in 2025, a foundational part of practice will be continuing to advise on sound administrative decision making, to ensure that as the pace and volume of decision-making increases, those decisions are robust. It’s important to identify that the decision-making power has been validly exercised and both procedural fairness and natural justice afforded; with human rights properly considered.
The election of the Crisafulli government in Queensland has already yielded several full-scale reviews of government programs which will inevitably result in a changed regulatory landscape.
Amongst those reviews, there are currently three formal inquiries underway with a fourth due to begin: elder abuse, volunteering, the Blue Card Child Protection System and long-running odour issues around the Swanbank area are all on the agenda. Similarly, the appointment of the Nightlife Economy Commissioner to consider issues affecting the night economy, may see a host of reforms as Brisbane heads towards the 2032 Olympics with a goal of presenting a functional 24-hour city to the world.
The Human Rights Act 2019 was due for a statutory 5-year review in September 2024, so there may be reforms in this area, and major infrastructure projects and capital expenditure are currently being reviewed.
Takeaway
2025 will bring forward very significant changes to Queensland Government lawyers. Risk will escalate: at greater speed and intensity. Providing advice on laws with grey areas will become more commonplace, particularly those involving emerging issues and new technology will change our daily work life. Are you ready for the year ahead?
Stay tuned to our monthly Queensland Government Bulletin for the latest legal news and updates. If you have any questions regarding this article, please get in touch with a member of our team below.
Authors: Joanne Jary & Cosmo Cater
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Budget update confirms resources is key to Queensland’s economic fortunes
“With prices now falling, the best way to increase revenue from the resources sector that will benefit all Queenslanders is to bring more new projects online and encourage sustained investment in existing resources projects. However, the impact of the world’s highest coal royalty tax rate in Queensland remains a significant deterrent to investment. As the industry has consistently pointed out, the coal sector is subject to regular commodity cycles and we’re seeing prices return to what are considered more normal levels”, stated QRC Chief Executive Officer Jannette Hewson (23 January 2025). Read more here.
Queensland deputy premier says infrastructure projects at risk of federal funding cuts
Queensland Deputy Premier and Infrastructure Minister Jarrod Bleiji has issued a statement on key infrastructure projects in Queensland being at risk due to them left off a newly revised Infrastructure Priority List. These projects include the future stages of the Sunshine Coast rail extension, the Mooloolah River Interchange upgrade and improvements to the inland road network (27 January 2025). Read more here.
A Fresh Start for Queensland: Crisafulli Government slashes red tape for teachers
The Crisafulli Government has introduced three new “red tape” reduction methods as a way of “empower teachers and allow them to spend more time teaching and less time on paperwork”. The first is the introduction of a one plan per student approach. The second is to simplify procurement process by reducing the number of quotes required for low value, routine purchases. The final being the introduction of a single point of contact for the teacher recruitment process (28 January 2025). Read more here.
Labour force (report) – December 2024
The Queensland Government Statistician’s Office has published its report on the labour force trends for December 2024. The report highlights that employment in Queensland saw a rise by 9,300 persons in December 2024, bringing the total to 109,200 persons higher over the course of the year. The employment-to-population ratio 0.1% from November, bringing it to 64.7%. Read more here…
Major projects 2024 – Report 9: 2024-25
The Queensland Audit Office has prepared a report which examines how Queensland needs effective infrastructure investment to support its growth over the next few decades. The report focuses on the significant infrastructure projects in Queensland and provides an analysis of expenditure by the Queensland Government. Read more here..
HC issues pro bono protocol
The High Court of Australia has issued a protocol for obtaining pro bono assistance and appointing amicus curiae. The protocol, published on 20 December 2024 can be viewed on the High Court of Australia’s website here.
Land Title Practice Manual updated
Titles Queensland has recently updated the Land Titles Practice manual. Some key changes include further clarifying the requirements for an execution of an easement, clarification of the requirements for a planning body approval in relation to easements and easement plans and clarification that amendments to a survey plan can only be done by the surveyor. Read more here.
JVM v Brisbane City Council & Ors [2024] QCAT 578
HUMAN RIGHTS – DISCRIMINATION LEGISLATION – GROUNDS OF DISCRIMINATION – DISABILITY OR IMPAIRMENT – where Applicant has significant disabilities – whether Applicant has attribute
HUMAN RIGHTS – DISCRIMINATION LEGISLATION – INDIRECT DISCRIMINATION – where complaint of indirect discrimination on basis of impairment – where applicant alleges inability to complete form – where applicant states need further time – whether term complained of is reasonable
HUMAN RIGHTS – DISCRIMINATION LEGISLATION – HUMAN RIGHTS LEGISLATION – whether a public entity considered the complainant’s human rights when making decision – whether limits imposed on human rights are justified
ADMINISTRATIVE LAW – ADMINISTRATIVE TRIBUNALS – QUEENSLAND CIVIL AND ADMINISTRATIVE TRIBUNAL – common law and statutory presumption against retrospective application of legislation – where legislation was amended following referral of complaint
Bay v Australian health Practitioner Regulation Agency [2024] QSC 315
ADMINISTRATIVE LAW – JUDICIAL REVIEW – REVIEWABLE DECISIONS AND CONDUCT – DECISIONS TO WHICH JUDICIAL REVIEW LEGISLATION APPLIES – where the applicant (Dr Bay) was a registered general practitioner – where Dr Bay made various statements about COVID-19 vaccinations on Facebook and other social media platforms – where Dr Bay attended the Queensland office of the first respondent (AHPRA) to protest against AHPRA and the use of COVID-19 vaccines – where Dr Bay made various statements about COVID-19 vaccinations at a national conference attended by medical practitioners – where Dr Bay’s conduct was the subject of five complaints to the Queensland Health Ombudsman which were later referred to AHPRA for consideration – where, based on the complaints, the second respondent (the Board) decided to suspend the applicant’s registration as a general practitioner and to investigate the complaints (together, the decisions) pursuant to ss 156 and 160 of the Health Practitioner Regulation National Law (Queensland) (the National Law (Qld))
Subordinate legislation notified
Plumbing and Drainage Amendment Regulation 2025
Subordinate legislation repealed
Professional Standards (Australian Computer Society Professional Standards Scheme) Notice 2019
Disclaimer
The information in this article 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 article is accurate at the date it is received or that it will continue to be accurate in the future.
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