In the media
New independent inspector to monitor custodial services
in NSW
The Department of Justice today announced the appointment
of Fiona Rafter as Inspector of Custodial Services. The Inspector
of Custodial Services is an independent watchdog who reviews
correctional and juvenile justice facilities and reports to
parliament on issues of concern (24 March 2016).
More...
New NSW laws to hit crime gangs where it hurts
People engaged in serious and organised crime will face
new orders restricting their associations and business dealings,
and tough new penalties for dealing in the proceeds of crime, with
the introduction of two Bills into Parliament(22 March 2016).
More...
New judges to ease pressure on District Court in
NSW
A $20 million package of funding, including the
appointment of two new judges, will deliver a total 256 sitting
weeks for the District Court to address the criminal trial backlog,
Attorney General Gabrielle Upton announced today (21 March 2016).
More...
Prison reform to improve community safety
The NSW prison system will undergo a major reform program
to lift standards, strengthen accountability and help meet the
Government's commitment to reduce adult reoffending by 5 per
cent by 2019 (20 March 2016).
More...
If you use office group chat, don't do this - there
are legal risks
We, the modern, group-chatting professional class, saw our
personal nightmares play out in a courtroom this week (18 March
2016).
More...
Investment in legal aid protects rights and creates a
fairer, safer Victoria
In its submission to the Victorian Government's Access
to Justice Review, Victoria Legal Aid details the challenges of
helping clients in a justice system where there is crushing demand
and inadequate funding and makes 29 recommendations (17 March
2016).
More...
Palmer-owned firms take over court case
Two companies owned by Clive Palmer
take over a multi-million-dollar case involving Queensland Nickel
and allegations of unpaid royalties (16 March 2016).
More...
Former NSW SES boss not guilty of sacking
whistleblower
Murray Kear, the first person to be
charged under New South Wales' whistleblower protection laws,
says he is enormously relieved with verdict that he did not sack
whistleblower (16 March 2016).
More...
Sex offenders have walked free because of case handling:
inquiry
Offenders have escaped conviction
because cases have been heard separately instead of in a single
trial, a deputy senior crown prosecutor tells the royal commission
into child sexual abuse (16 March 2016)
More...
Calls for Financial Ombudsman Service to be disbanded
over issues in Goldie Marketing court case
Independent Senator Nick Xenophon is calling for the
Financial Ombudsman Service (FOS) to be disbanded and replaced with
a government body in the wake of a controversial case that has
raised issues of trust and credibility in the bank-funded dispute
resolution scheme (16 March 2016).
More...
Government's move to introduce 'effects
test' angers big business
The Federal Government endorses an
effects test to make it easier for farmers and other small
companies to prove when big players squeeze others out of the
market, angering big business (16 March 2016)
More...
Making of a fraudster – ripping off the Australian
Public Service
Women are fast catching up with men and increasingly
committing serious fraud within the Australian Public Service
(APS), a new AIC report has found (16 March 2016)
More...
See Fraud within the Commonwealth: A census of the most costly incidents, 2010 to 2013
Dick Smith sale
The OAIC has been advised that the customer database will
be used for the purpose of delivering an online retail service
under a 'Dick Smith' brand, which is in line with what
subscribers might reasonably expect. Receivers have offered
customers on the database the opportunity to opt out of the list
prior to the sale, under Australian Privacy Principle (APP) 6 of
the Privacy Act 1988 (Cth) (15 March 2016)
More...
IBAC: Operation Dunham hearings reveal vital information
for combating public sector corruption
An investigation into the Department of Education and
Training's $180 million Ultranet project is progressing to the
next stage, guided by information uncovered during recent
anti-corruption hearings(16 March 2016)
More...
Charges laid following EPA investigation into Hazelwood
mine fire
EPA has charged a number of companies with air pollution
offences under the Environment Protection Act following a
comprehensive investigation into the Hazelwood mine fire which
started on 9 February 2014 (15 March 2016)
More...
Government Formalises Victims Of Crime Roles
Attorney-General Martin Pakula has announced the official
appointment of seven representatives to the Victims of Crime
Consultative Committee. The representatives, who will serve for a
two-year term (15 March 2016) More...
OAIC establishes national privacy consumer forum
The Office of the Australian Information Commissioner
(OAIC) has announced the establishment of a Consumer Privacy
Network and is calling for organisations that represent consumer
interests to join (14 March 2016)
More...
See the Consumer Privacy Network
Hazem El Masri case shows Australia has a problem with
innocent until proven guilty
Despite an unblemished record as a player, and a long
history of community service, many were ready to assume that
allegations of domestic violence were well-founded (15 March
2016). More...
The new frontier in assaults on privacy and what the law
is – or isn't – doing about it
Australia stands out as a country that does not provide an
actionable right to privacy – that is, the ability to sue
someone who has seriously invaded the secrets of your private life.
The courts have tried to develop a privacy tort or bend the law
relating to breach of confidence so that it extends to protecting
personal privacy (15 March 2016). More...
Human rights: Laws that curb liberty must be
monitored
A 600-page report published this month by the ALRC has
proposed reviews of numerous laws that interfere with freedoms or
rights, or have the effect of denying fundamental privileges. Among
other things, the ALRC has called for a review of provisions in
federal and state criminal laws that designate strict and absolute
liability for certain offences (14 March 2016). More...
Government Formalises Victims of Crime Roles
Attorney-General Martin Pakula has nnounced the official
appointment of seven representatives to the Victims of Crime
Consultative Committee. The victims of crimes' representatives
will bring their own unique experiences of crime and the criminal
justice system to inform the work of the committee (15 March 2016)
More...
Police officer charged for accessing confidential
information
The CCC has today issued a 30-year-old police officer with
a Notice to Appear in court to face 38 criminal charges for the
alleged unauthorised use of the QPS database (14 March
2016)
More...
In practice and courts
Copyright Council: Update on Updating Australia's Copyright Laws
The introduction of the Copyright Amendment (Disability and
Other Measures) Bill into Parliament has been delayed. The
Bill was expected to be introduced into Parliament this week (17
March 2016)
More...
ACMA consultation: Varying the International Mobile
Roaming Standard
The ACMA is consulting on varying the Telecommunications
(International Mobile Roaming) Industry Standard 2013 (IMR
Standard). Consultation closes: 30 March 2016.
More...
Law Council of Australia Submissions
18 March 2016:
Supporting innovation through visas: the Entrepreneur Visa
(3130)
11 March 2016:
457 Programme - Temporary Skilled Migration Income Threshold
(TSMIT) (3128)
NSW Parliament: This month in committees
Research Paper - Cyberbullying of children
Inquiries receiving submissions
Inquiry into Reparations for the Stolen Generations in New South
Wales, closes 31 March.
Reports
Examination of the Auditor-General's Performance Audit Reports
September 2013 – July 2014 (report published) (Tue
15).
Changes to the Routine of Business and consequential changes to the
Sessional Orders (report published) (Wed 23).
Inquiry into Changes to the Routine of Business and consequential
changes to the Sessional Orders (report due) (Wed 23).
Government responses
Progress of the Ombudsman's investigation 'Operation
Prospect' (response received) (Tue 22).
What's new
The House in Review - Vol 56/19, 21-23 March 2016
[Upcoming Events at Parliament House]
NCAT: Updated guideline on internal appeals
NCAT's Guideline on internal appeals has
been recently updated with new information about leave to appeal
and stays (17 March 2016) More...
NSW IPC March 2016
See the March 2016 issue of the M NSW IPC Bulletin
here More...
CCC determines not to investigate allegations from
Whitsunday Ratepayers
The CCC has finished assessing information it received
from the Whitsunday Ratepayers Association relating to the Deputy
Mayor of the Whitsunday Regional Council (16 March 20216)
More...
CCC: Brisbane City Council Allegations
The CCC has finished its assessment of information
relating to the Brisbane City Council and determined to take no
action (15 March 2016)
More...
OAIC Qld: Rockhampton Regional Council - follow-up
review report
Queensland's OIC follow-up compliance review report
regarding the Rockhampton Regional Council (RRC) was tabled in
Parliament today (16 March 2016). The follow-up review found that
all fourteen recommendations of the 2013/14 Compliance Review
Report have been fully implemented.
More...
Call for submissions on expunging gay sex
convictions
The Queensland Law Reform Commission has been asked to
undertake a review to recommend how Queensland can expunge criminal
convictions for 'historical gay sex offences' from a
person's criminal history. A
consultation paper (WP 74) seeks input on specific legal
issues. The deadline for submissions is 29 March 2016. See here.
Queensland Current Inquiries
Examination of Portfolio Subordinate
Legislation
Auditor-General Reports referred to the Committee for
Consideration
CPDP Victoria
Available in March 2016 More...
Information Sharing Guidelines March 2016
The Office of the Commissioner for Privacy and Data
Protection has published Guidelines for sharing personal
information for the Victorian public sector. The guidelines have
been produced following extensive consultation across government.
More...
COAT VIC 2016 Conference, 22 April 2016
"Tribunals, Boards, and Panels – Issues of
Procedural Fairness" at Oaks on Market, Melbourne
More...
County Court Victoria: eFiling Update
The County Court has issued a reminder that for all documents in
the Common Law Division and the Commercial Division, eFiling will
be the prescribed method for filing civil documents from 1 August
2016 (see the SAI Global Litigation Newsfeed of 18
February 2016).
More...
Magistrates' Court Victoria: Scam Emails
Warning
The Magistrates' Court has advised practitioners to take
precaution in relation to scam emails "directing recipients to
report to court and to open an attachment for more
information". The Magistrates' Court added that recipients
should delete the email and not open the attachment.
More... (16 March 2016)
Rate capping inquiry calls for submissions
The parliamentary inquiry into the Victorian Government's rate capping policy is inviting further public submissions. Public submissions to the Committee are due by 1 April 2016. Further details on the inquiry, including the Committee's first report tabled in December last year, are available from the Committee's website ( 02 March 2016)
Victoria SC: Recent Judgments Bulletin
The Supreme Court has released
Recent Judgments Bulletin Issue no. 4/2016 (March 2016), which
outlines unreported Supreme Court judgments received from
05-18 March 2016
Victoria Legal Aid Submissions
Victorian Gender Equality Strategy submission – March
2016
Victoria Attorney-General: Calls for Review of
Baseline Sentencing Provisions
The Sentencing Advisory Council (SAC) will conduct a review of
baseline sentencing aimed at investigating new ways of ensuring
serious offenders receive consistent sentences. The SAC is required
to present its report by 15 April 2016
More...
Inquiry into the CFA Training College at Fiskville -
Report and Response: Interim Reports
On 12 November 2015 the Committee tabled its special
report on production of documents. Inquiry into the CFA Training College at Fiskville
- Special report on production of documents(PDF 931.51 KB)
Final Report-The final reporting date for this inquiry
is 31 March 2016
Victoria Justice Consultation: Access to Justice
Review
The Attorney-General has released the
Terms of Reference (undated) for the state government's
Access to Justice Review. The DJR is expected to complete
the Review by August 2016
More...
Published – articles, papers, reports
The Honourable Justice Stephen Rothman AM, 'Judicial
Review of Administrative Decisions'
Paper presented by Rothman J to the Australian Lawyers
Alliance
NSW State Conference on 11 March 2016.
More...
Australia in a century of transformative governance: a
federation for communities and places
Local Government Professionals Australia, Institute of
Governance and Policy Analysis
This paper has been commissioned by Local Government Professionals
Australia as a contribution to debate on the future of the
Australian federation and as a response to the National Innovation
and Science agenda (20 March 2016).
More...
Review of Victoria's Witness Protection Act
Author: Honourable Frank Vincent AO QC
Mr Vincent's review outlines the important role witness
protection plays in Victoria's justice system and provides
legislative reforms to improve administration and external
oversight, and increase community confidence in the system (24
March 2016).
More...
Bullying and Harassment in the Health Sector
Victorian Auditor General's report: 23 March
2016
The poor performance and variability in management practices of the
health sector agencies highlights the need for stronger sector-wide
leadership to support them to adopt better practice approaches to
addressing inappropriate behaviour.
More...
Patient Safety in Victorian Public Hospitals 2015
Victorian Auditor General's report: 23 March
2016
The audit found that there have been systemic failures by DHHS,
indicating a lack of effective leadership and oversight which
collectively pose an unacceptably high risk to patient safety
More...)
OIAC publications released in March 2016
OAICicon — 18 March 2016
OAICnet —18 March 2016
Cases
Alex Cuthbertson and Department of Immigration and
Border Protection [2016] AICmr 20
Freedom of Information — Whether information is
personal information – (CTH) Freedom of Information Act 1982
s 47F More...
Alex Cuthbertson and Department of Immigration and
Border Protection [2016] AICmr 19
Freedom of Information – Whether information is
personal information – (CTH) Freedom of Information Act 1982
s 47F More...
Alex Cuthbertson and Department of Immigration and
Border Protection [2016] AICmr 18
Freedom of Information – Whether information is
personal information – (CTH) Freedom of Information Act 1982
s 47F More...
Joel Fitzgibbon and Department of Agriculture [2016]
AICmr 17
Freedom of Information — Whether documents contain
deliberative matter prepared for a deliberative process —
(CTH) Freedom of Information Act 1982 s 47C More...
The Herald and Weekly Times and Department of
Agriculture [2016] AICmr 16
Freedom of Information — Whether documents contain
deliberative matter prepared for a deliberative process —
(CTH) Freedom of Information Act 1982 s 47C More...
'IG' and Department of Immigration and Border
Protection [2016] AICmr 15
Freedom of Information — Whether documents subject
to legal professional privilege — (CTH) Freedom of
Information Act 1982 s 42 More...
'IF' and Department of Immigration and Border
Protection [2016] AICmr 13
Freedom of Information — Whether disclosure of
personal information unreasonable — Whether disclosure is
contrary to the public interest — (CTH) Freedom of
Information Act 1982 ss 11A,47F More...
Nick Xenophon and Department of Defence [2016] AICmr
14
Freedom of Information — Cabinet documents —
Whether document submitted to Cabinet for its consideration —
Whether document brought into existence for the dominant purpose of
submission for consideration by Cabinet — (CTH) Freedom of
Information Act 1982 s 34 More...
Duncan and Secretary, Department of Human Services
(Freedom of information) [2016] AATA 152
FREEDOM OF INFORMATION — Access to documents —
variation of access refusal decision — whether original
decision can be varied under Freedom of Information Act 1982, s 55G
if revised decision does not give More....
Ogbonna v CTI Logistics Ltd [2016] FCA 239
HUMAN RIGHTS – claims of racial discrimination
– claims of unpaid employment allowances and
superannuation – claims dismissed by Federal Circuit
Court – application to extend time for lodging appeal –
extension of time granted – whether findings of fact open on
the evidence – whether hearsay evidence erroneously admitted
– whether secret recording erroneously not admitted into
evidence – appeal dismissed
More...
R v Independent Broad-based Anti-corruption Commissioner
[2016] HCA 8
Appeal dismissed with costs.
Statutory interpretation – Independent Broad-based
Anti-corruption Commission Act 2011 (Vic) ("IBAC Act")
– Investigation by Independent Broad-based Anti-corruption
Commission into allegations of assault and human rights violations
by officers of Victoria Police – Where appellants were police
officers suspected of involvement in alleged assault – Where
appellants summoned to give evidence at public examination –
Whether power to hold examination under Pt 6 of IBAC Act
exercisable in relation to persons who have not been, but may be,
charged with offence relating to subject matter of
examination.
Statutory interpretation – Common law rights – Whether
s 144 of IBAC Act abrogates privilege against self-incrimination.
Independent Broad-based Anti-corruption Commission Act 2011 (Vic),
ss 5, 8, 15, 42, 84(2), 120, 144 More...
Babington v Commonwealth of Australia [2016] FCAFC
45
CONSTITUTIONAL LAW– fisheries – regulation
– powers of State Parliament – extra-territorial
regulation – inconsistency with Commonwealth laws More...
Hananeia v Secretary, Attorney-General's Department
[2016] FCAFC 36
ADMINISTRATIVE LAW – appeal from Administrative
Appeals Tribunal – application for Australian Victim of
Terrorism Overseas Payment – whether applicant was "in
the place where the terrorist act occurred" for the purposes
of s 1601PAA(2)(a) of the Social Security Act 1991 (Cth) –
whether applicant suffered harm "as a direct result of"
the terrorist act for the purposes of s 1601PAA(2)(b) of the Social
Security Act 1991 (Cth) More...
MZAIC v Minister for Immigration and Border Protection
[2016] FCAFC 25
MIGRATION – application for review by the then
Refugee Review Tribunal under s 412 of the Migration Act 1958 (Cth)
– Tribunal decided it did not have jurisdiction because the
visa applicant made his application using a superseded version of
the form approved under s 495 – appeal from Federal Circuit
Court of Australia dismissing an application for review of the
Tribunal's decision – whether visa applicant's use of
non-approved form rendered his application to the Tribunal invalid
– whether use of an approved form required, such that use of
a superseded version rendered the application to the Tribunal
invalid – whether strict compliance with an approved form
required or whether substantial compliance sufficient – Acts
Interpretation Act 1901 (Cth) s 25C – whether the provisions
of the Migration Act manifested a contrary intention to the
application of s 25C of the Acts Interpretation Act
ADMINISTRATIVE LAW – whether use of an approved form required
such that use of a superseded version rendered the application to
the Tribunal invalid – whether strict compliance with an
approved form required or whether substantial compliance sufficient
– Acts Interpretation Act 1901 (Cth) s 25C – whether
the provisions of the Migration Act manifested a contrary intention
to the application of s 25C of the Acts Interpretation Act
More...
Bilaczenko v Bochner [2016] FCA 275
ADMINISTRATIVE LAW – application for judicial review
under the Administrative Decisions (Judicial Review) Act 1977 (Cth)
– application for extension of time – District
Registrars of Federal Court refused on two occasions in the
exercise of the power under r 2.26 Federal Court Rules 2011 (Cth)
to accept documents for filing – whether proposed
applications constituted an abuse of process because of attempt to
reagitate matter determined by judgment in earlier proceedings
– where earlier judgment interlocutory in nature.
Held: District Registrars' decisions do not involve errors of
law – application dismissed. More...
LFDB v SM [2016] FCA 262
ADMINISTRATIVE LAW - Orders sought under s 37AF of the
Federal Court of Australia Act 1976 (Cth) to prevent prejudice to
the proper administration of justice - suppression and
non-publication orders - judicial comity - Federal Court of
Australia Act 1976 (Cth), s 37AF; Family Court Act 1980 (NZ), ss
11B, 11D; Trans-Tasman Proceedings Act 2010 (Cth) More...
Walker v Secretary, Department of Health and Ageing
[2016] FCA 233
ADMINISTRATIVE LAW – appeal from Administrative
Appeals Tribunal (AAT) - whether AAT misconstrued s 130(1) of the
Health Insurance Act 1973 (Cth) – information with respect to
the affairs of another person – whether s130(1) applies to
another person's professional or business affairs or is limited
to personal information - freedom of information – exempt
document under s 38 of Freedom of Information Act 1982 (Cth)
More...
Voitenko t/as Access Party Hire v Zurich Australian
Insurance Limited [2016] NSWSC 324
PROCEDURE – subpoena for production of recordings
made by investigating police through the use of a listening device
authorised by a warrant issued under the Surveillance Devices Act
2007 (the Act) – prohibition under s 40(1) of the Act
against use, communication or publication of such recordings being
"protected information" within s 39 of the Act
– whether producing the recordings to the court could
constitute a contravention of s 40(1) – whether an order
can and should be made under s 43 of the Act permitting a
party or parties to search the recordings "in the interests of
justice" within s 43 – the procedure to be followed
by a court in making a determination under s 43 – the
issues to be considered in making such a determination which
involves a balancing exercise
More...
Insurance Australia Ltd t/as NRMA Insurance v Pate
[2016] NSWSC 278
JUDCIAL REVIEW – compensation for past and future
economic losses – admissibility of certain evidence –
whether assessor erred in failing to deal with an issue relied on
by defendant – whether assessor took into account an
irrelevant consideration – error established –
assessor's decision set aside – costs
More...
Gaynor v Burns [2016] NSWCA 44
ADMINISTRATIVE LAW – Statutory appeals from
administrative bodies – Civil and Administrative Tribunal
– Appeal Panel – Appeals from – Where Appeal
Panel included Acting District Court judge – Appeal to Court
of Appeal – Civil and Administrative Tribunal Act 2013 (NSW),
s 83 – Supreme Court Act 1970 (NSW) s 48 – District
Court Act 1973 (NSW), s 18 PROCEDURE – application for
leave to appeal – costs – Civil and Administrative
Tribunal Act 2013 (NSW), s 60
More...
Director of Public Prosecutions (NSW) v Best [2016]
NSWSC 261
ADMINISTRATIVE LAW – appeal from Local Court –
magistrate dismissed charge of intimidate police – s 60
Crimes Act 1900 – whether threat made to police officer
communicated through third party intermediary can support the
charge – binding authority gives "intimidates"
ordinary English meaning – erroneous process of statutory
interpretation undertaken – no requirement for intimidatory
conduct to be in the presence of the police officer –
magistrate's decision set aside and matter remitted to Local
Court
More...
Zahed v IAG Limited t/as NRMA Insurance [2016] NSWCA
55
ADMINISTRATIVE LAW – judicial review of
determination of motor accidents compensation claims assessor
– challenge to findings as to past and future care
requirements – requirement to give reasons pursuant to the
Motor Accidents Compensation Act 1999 (NSW), s 94 and relevant
guidelines – whether necessary to give reasons for accepting
or rejecting particular evidence
More...
Quach v Health Care Complaints Commission [2016] NSWCA
49
ADMINISTRATIVE LAW – notices of motion seeking
judicial review – where Court of Appeal has dismissed amended
summons in underlying proceeding – where present applications
not commenced by separate summons – where maker of decision
to be reviewed not joined as party – motions dismissed
PROCEDURE – whether Court should make orders in terms of Teoh
v Hunters Hill Council (No 4) [2011] NSWCA 324
More...
Averkiou v CIC Allianz Australia Insurance Limited
[2016] NSWSC 311
ADMINISTRATIVE LAW – judicial review
– jurisdictional error – decision of a medical
assessor review panel – claimant involved in two accidents
– review panel attributed injuries caused by first
accident to subsequent accident due to lack of evidence of
assessment – misapplication of Permanent Impairment
Guidelines in relation to pre-existing injuries
More...
Deputy Commissioner of Taxation v Joseph Frangieh (No 2)
[2016] NSWSC 310
PROCEDURE – civil – interlocutory issue
– documents produced by Deputy Commissioner of Taxation
– whether protected information pursuant to Div 355 of Sch 1
to the Taxation Administration Act 1953 (Cth) – disclosures
of protected information – proceedings related to taxation
laws – disclosures made in performing duties as a taxation
officer – disclosures fall within exception in s 355-50(2)
item 3
Administrative Decisions (Judicial Review) Act 1977 (Cth) More...
Mosman Municipal Council v IPM Pty Ltd [2016] NSWLEC
26
JUDICIAL REVIEW : validity of a complying development
certificate – whether proceedings time barred – whether
certifier failed to consider development consent – whether
irreconcilable conflict between consent and complying development
certificate – proceedings not time barred – no conflict
between complying development certificate and consent –
complying development certificate validly issued. More...
Health Care Complaints Commission v Khan [2016] NSWCATOD
32
ADMINISTRATIVE LAW – Civil and Administrative
Tribunal Act 2013 NSW – Professional disciplinary proceedings
brought by HCCC against practitioner. Where two complaints heard
together. Where it is asserted that the practitioner engaged in
conduct that demonstrates his practice of medicine was
significantly below the standard reasonably expected of a
practitioner of an equivalent level of training or expertise. Where
it is asserted practitioner's medical records in respect of an
8 year old child were inadequate. Where separate complaint asserts
practitioner inappropriately prescribed medications for himself,
and failed to maintain adequate records in respect of his
self-prescribing. Where it is also asserted practitioner suffers
impairment and further asserted he is not competent to practise.
Where practitioner withdraws material filed and does not seek to
defend complaints. Where all complaints are found proven.
More...
MSP Consulting and Building Constructions Pty Ltd v
Karkoulas [2016] NSWCATAP 69
APPEAL – Civil and Administrative Tribunal (NSW)
– home building claim – conditional stay of decision
granted – stay lapsed due to failure to comply with condition
– whether appeal as of right established – ground of
appeal on apprehension of bias not established – whether
leave to appeal under section 80(2)(b) Civil and Administrative
Tribunal Act 2013 (NSW) required – whether leave pursuant to
clause 12 of schedule 4 of the Civil and Administrative Tribunal
Act 2013 (NSW) should be granted – leave to appeal refused
– appeal dismissed.
More...
Hernady v Raccani [2016] NSWCATAP 67
APPEAL – Civil and Administrative Tribunal (NSW)
– Consumer and Commercial Division – internal appeal
– question of law – whether Tribunal gave adequate
reasons for its decision – appeal upheld (in part) –
issues remitted for redetermination. APPEAL – Civil
and Administrative Tribunal (NSW) – Consumer and Commercial
Division – internal appeal – question of law –
whether Tribunal failed to exercise its jurisdiction properly
invoked – appeal upheld (in part) – issues remitted for
redetermination
More...
Wirth v Mackay Hospital and Health Service & Anor
[2016] QSC 039
ADMINISTRATIVE LAW - JUDICIAL REVIEW - GROUNDS FOR REVIEW
- PROCEDURAL FAIRNESS - GENERALLY - where the applicant was a
senior doctor employed by the first respondent in its emergency
department - where the first respondent received complaints in
relation to a breakdown of communication and working relationships
in the department - where first respondent engaged external lawyers
to conduct an investigation and provide a report - where report
contained findings, recommendations and evidence in the form of
summaries of witness interviews - where the first respondent
commenced a formal disciplinary process against the applicant
resulting in the applicant's dismissal – where, in making
relevant disciplinary decisions, second respondent relied on
findings, recommendations and evidence contained in the report -
where applicant was not provided with the report and the summaries
of witness interviews annexed thereto before the second respondent
made the relevant disciplinary decisions - where applicant argued
that he was denied procedural fairness - whether in the
circumstances the content of procedural fairness required that the
applicant be provided the report or its annexures
ADMINISTRATIVE LAW - JUDICIAL REVIEW - PROCEDURE AND EVIDENCE -
EXTENSION OF TIME - GENERALLY - where application was almost five
months out of time - where applicant submitted that he had
acceptable explanation for delay - where respondents submitted that
they suffered prejudice because of costs and time wasted in
separate Queensland Industrial Relations Committee proceeding -
where case is fully argued and determination made - whether
discretion should be exercised in the circumstances More...
Clark-Ugle v Clark [2016] VSCA 44
ADMINISTRATIVE LAW – Validity of general meeting of
the Framlingham Aboriginal Trust where a quorum not present –
Requirement for a quorum is one-half of the persons entitled to
vote at the meeting who are residents of the reserve on the day the
meeting is called – Whether Supreme Court has the power under
the Aboriginal Lands Act 1970 to dispense with the quorum
requirement – Whether Court's discretionary power
enlivened in the circumstances of the case – Frustration of
previous orders of the Court – Different judge made
supplemental orders – Orders take effect as orders of the
Court – Whether rights under the Charter of Human Rights and
Responsibilities affected – Aboriginal Lands Act 1970, ss
23(4) and 27 – Charter of Human Rights and Responsibilities,
ss 19(2)(d) and 32(1) – Leave to appeal granted –
Appeal dismissed. More...
Krongold Constructions (Aust) v SR & RS Wales [2016]
VSC 94
ADMINISTRATIVE LAW – Judicial review –
Adjudication Determination under Building and Construction Industry
Security of Payment Act 2002 (Vic) – Whether Adjudication
Determination reviewable for jurisdictional error
BUILDING AND CONSTRUCTION – Building and Construction
Industry Security of Payment Act 2002 (Vic) – Payment claim
– Whether construction work sufficiently identified –
Whether adjudication application made pursuant to the Act More...
De Bruyn v Victorian Institute of Forensic Mental Health
[2016] VSC 111
MENTAL HEALTH ACT 2014 (VIC) – Whether the
imposition of a smoke free policy was within the statutory power of
a hospital.
TOBACCO ACT 1987 (VIC) – Whether there is an implied
statutory right to smoke.
CHARTER OF HUMAN RIGHTS AND RESPONSIBILITIES ACT 2006 (VIC) –
Whether a smoking ban engaged an involuntary patient's human
rights to be treated with dignity under s 22(1), appropriately for
a person who has not been convicted under s 22(3), and/or not to be
subjected to compulsory medical treatment under s 10(c) –
Whether a person found not guilty by reason of insanity is
'detained without charge' within the meaning of s 22(3)
– Whether a hospital, in adopting a smoke free policy, had
given proper consideration to relevant human rights in accordance
with s 38(1). More...
Dias v Oakleigh Centre Industries & Ors [2016] VSC
115
ADMINISTRATIVE LAW – Judicial review –
Workers' compensation – Medical panel – Alleged
inadequacy of reasons – Reasons not inadequate –
Proceeding dismissed – Accident Compensation Act 1985, ss 5,
93C – Workplace Injury Rehabilitation and Compensation Act
2013, ss 274, 313 More...
Legislation
Commonwealth
Statute Update Bill 2016
The bill amends 100 Acts to replace references to
penalties expressed as a number of dollars with penalties expressed
as a number of penalty units; 27 Acts to replace references to
'maximum penalty' with references to 'penalty'; 32
Acts to provide that provisions relating to the evidentiary status
of a certificate (or other instrument or register) clearly provide
that it is prima facie evidence of the matters stated in it
(Introduced and read a first time 17 March; Second reading moved 17
March 2016)
More...
Statute Law Revision Bill (No. 2) 2016
the main objectives of the Bill are to: correct technical
errors that have occurred in laws as a result of drafting and
clerical mistakes; reduce the need for reliance on substituted
reference orders under ss. 19B (Machinery of government -
substituted reference orders) and 19BA (Reference to Minister,
Department etc. inconsistent with changed administrative
arrangements) of the Acts Interpretation Act 1901 No. 2 (Cth), and
the need for such orders to be made in the future by inserting
generic references to Ministers and Departments in Commonwealth
Acts
(Introduced and read a first time 17 March; Second reading moved 17
March 2016)
More...
Commonwealth Electoral Amendment Act 2016
Commencement: 22/3/2016 (Whole) More...
Courts Administration Legislation Amendment Act No 24 of
2016
Assent 18/03; 2016 Registered 22/03/2016 c –
amendments commencing on 01 July amend the law relating to the
administration of courts More...
NSW
Proclamations commencing Acts
Regulatory Reform and Other Legislative Repeals Act 2015 No 48
(2016-154) — published LW 24 March 2016
Bills introduced – Government – 24 March
2016
Crimes (Serious Crime Prevention Orders) Bill 2016
Criminal Legislation Amendment (Organised Crime and Public Safety)
Bill 2016
Fines Amendment Bill 2016
Bills passed by both Houses of Parliament
Crimes (Domestic and Personal Violence) Amendment (National
Domestic Violence Orders Recognition) Bill 2016
Bill introduced - Non-Government – 18 March
2016
Law Enforcement (Powers and Responsibilities) Amendment (Sniffer
Dogs—Repeal of Powers) Bill 2016
Bills Progress
Privacy and Personal Information Protection Amendment (State Owned
Corporations) Bill 2016
Legislative Assembly 23 March 2016 - Second reading debate
continued and adjourned
This Bill is for an Act to amend the Privacy and Personal
Information Protection Act 1998 to extend its application to State
owned corporations that are not subject to the Privacy Act 1988 of
the Commonwealth
Queensland
Bills Progress
Criminal Law (Domestic Violence) Amendment Bill
(No. 2) 2015
Legislative Assembly 15/3/2016 Standing Committee report
tabled, report to be published
Youth Justice and Other Legislation Amendment Bill
2015
Legislative Assembly 15/3/2016 Standing Committee report
tabled, report to be published
Crime and Corruption Amendment Bill 2015
Legislative Assembly 15/3/2016 Standing Committee report
tabled, report to be published
Bills
Child Protection (Mandatory Reporting - Mason's Law) Amendment
Bill 2016
Introduced on 17/03/2016 Stage reached: Referred to Committee
on 17/03/2016
The Queensland Law Reform Commission (the Commission) was requested
by the then Government to review child protection mandatory
reporting laws for the ECEC sector
Penalties and Sentences (Queensland Sentencing Advisory Council)
Amendment Bill 2016
Introduced on 15/03/2016 Stage reached: Referred to Committee
on 15/03/2016
Legislative Assembly 15/3/2016 Introduced and read a first
time
This Bill is for an Act to amend the Penalties and Sentences Act
1992 to establish a Queensland Sentencing Advisory Council and to
amend the acts mentioned in schedule 1
Victoria
Bills Introduced and Second Read in the first
House
Serious Sex Offenders (Detention and Supervision)
Amendment (Community Safety) Bill
Bills Progress
Fines Reform and Infringements Acts Amendment Bill
2016
Legislative Assembly 22/3/2016 Second reading debate
continued and adjourned
Statutory Rules
No 17
Magistrates' Court General Civil Procedure (Miscellaneous
Amendments) Rules 2016
Made: 22 March 2016 - The object of these Rules is to amend the
Magistrates' Court General Civil Procedure Rules 2010 (a) to
ensure that, as far as possible, the Magistrates' Court General
Civil Procedure Rules 2010 are consistent with the Supreme Court
(General Civil Procedure) Rules 2015;
No 14
Supreme Court (Appeals to the Court of Appeal and Other Amendments)
Rules 2016
Made: 17 March 2016 - The objects of these Rules are (a)
to amend Chapter I of the Rules of the Supreme Court (i) to require
that, in an appeal or application for leave to appeal to the Court
of Appeal where the appeal or proposed appeal is in the nature of
an appeal on a question of law, the moving party specify in the
notice of appeal or application for leave to appeal the question or
questions of law on which the appeal or proposed appeal is to be
brought
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