2016-03 – APL Monthly Update Log for December 2015
The Free Legal Education summaries found in Access Point Law are updated monthly by the author. The following are the Queensland law change highlights for the month of December 2015.
The information published in this section has been provided free for the benefit of the public and does not act as advice to any individual or other entity. If you require advice relating to your situation, go visit your professional adviser. The author and any third party advertising in this section expressly disclaim all liability for loss or damage arising from your use or reliance on the information published at any time in this section.
27 December 2015
The Child Protection (Offender Reporting) Regulation 2015 replaced the 2004 version of the same regulation.
Regulation 49 of the City of Brisbane Regulation 2012 has been repealed – this regulation previously contained a process to apply for a ‘mall traffic permit’ for the Brisbane mall.
The Domestic and Family Violence Death Review and Advisory Board is established to review domestic and family violence deaths in Queensland – see sections 91B, 91C, 91D of the Coroners Act 2003.
An indictment for an offence may also now state the offence is a domestic violence offence pursuant to subsection 564(3A) of the Criminal Code. For the definition of ‘domestic violence offence’, refer to section 1 of the Code.
A complaint for an offence may now state the offence is also a domestic violence offence – see subsection 47(9) of the Justices Act 1886.
The Land Title Regulation 2015 replaced the 2005 version of the same regulation. New subregulation 5(5) of the Land Title Regulation 2015 relaxes rules relating to alterations on forms; this relaxation did not exist in the previous regulation 3 of the Land Title Regulation 2005.
If a complaint or an indictment for a charge for an offence states the offence is also a domestic violence offence and the offender is convicted of the offence and a court is satisfied the offence is also a domestic violence offence; the court must order: (a) for an offence for which a conviction is recorded—that the conviction also be recorded as a conviction for a domestic violence offence; or (b) otherwise—that the offence be entered in the offender’s criminal history as a domestic violence offence – see section 12A of the Penalties and Sentences Act 1992.
It is now lawful for a police officer to use a body-worn camera to record images or sounds while the officer is acting in the performance of the officer’s duties – see new section 609A of the Police Powers and Responsibilities Act 2000.
Part 4 of the Queensland Competition Authority Act 1997 has been repealed. A person may no longer make a complaint to the Queensland Competition Authority against a government agency carrying on a significant business activity on the ground the agency, in carrying on the activity, does not comply with the principle of competitive neutrality. It appears the complaint process handling has moved to the NEW Queensland Productivity Commission.
Pursuant to the new Supreme Court (Admission Guidelines) Notice 2015, the Chief Justice has issued 3 new guidelines relating to admission to the legal profession.
There has been a slight reduction in the height of the registration stickers for ships capable of achieving a planing altitude (200mm relaxed to 150mm) – see subsection 74(3) of the Transport Operations (Marine Safety) Regulation 2004.
Division 4A of the Work Health and Safety Regulation 2011 has been introduced with provisions relating to renewal of a licence to carry out demolition work (the division commences with new section 144VA).
New Acts has been introduced: Building Queensland Act 2015, Constitution (Fixed Term Parliament) Referendum Act 2015, Queensland Productivity Commission Act 2015, Sustainable Ports Development Act 2015. 1 Notice has been repealed: The Exotic Diseases in Animals (Asian Honey Bee) Notice 2010.