In the media
Ombudsman at pains over torture protocol
An Ombudsman's
report on Australia's readiness to implement an
international agreement against torture and other cruel punishment
has found it to be lacking in oversight and scope (26 September
2019).
More...
AHRC: Commission concerns about Centrelink debt recovery
program
The Australian Human Rights Commission has made a second
submission on the human rights implications of the Centrelink debt
recovery program (widely known as 'Robodebt'). In
particular, the Commission warns about the potential to breach
Article 9 of the International Covenant on Economic, Social and
Cultural Rights, to which Australia is a signatory (26 September
2019).
More...
Right to Know essential to democracy in a digital
world
Information Access Commissioners and Ombudsmen from across
Australia and New Zealand are urging government agencies to do more
to make information available for the benefit of citizens (26
September 2019).
More...
Tech giants' new anti-terror group
Tech giants Facebook and Microsoft have launched an
independent organisation to combat online radicalisation and
violent terrorist content (25 September 2019).
More...
Telco complaints get harder to resolve
The TIO report highlights the growth of complex
complaints, which leave some customers with issues unresolved for
too long; pointing to the need for redoubled effort by service
providers and the Ombudsman (25 September 2019).
More...
Joint Parliamentary Inquiry into family law and child
support
The Prime Minister has announced the Government will
undertake a Joint Parliamentary Committee of both the House and the
Senate to conduct a wide-ranging inquiry into the family law
system. The review would look at whether the current system, which
is intended to support parents and children during the end of a
relationship, is fit for purpose (17 September 2019).
More...
Public service warned about 'prostitution'
The long-awaited Australian Public Service review must
generate real and lasting reform, according to a former Public
Service Commissioner who warns about the "prostitution"
of the APS (17 September 2019).
More...
Commissioner pulls plug on websites
The eSafety Commissioner has issued a direction to
Australia's biggest internet service providers ordering them to
continue to block access to websites that still host the video of
last March's Christchurch terrorist attacks (16 September
2019).
More...
Government seeks to restore clarity to personal leave
entitlements
The Morrison Government will seek leave, in the High
Court, to appeal a recent Full Federal Court decision, which has
sparked confusion and uncertainty around the way sick and carers
leave entitlements should be calculated. (16 September 2019).
More...
Parliament backs farmers with Criminal Code Amendment
Bill set to become law
The Australian Senate passed the Criminal Code Amendment
(Agricultural Protection) Bill, meaning tough new penalties for
those who incite trespass, property damage or theft on agricultural
land will soon become law. The Attorney-General, Christian Porter,
and Agriculture Minister, Bridget McKenzie, said the
successful passage was an important safety measure for
Australia's dedicated farmers, most of whom are small
businesses. (12 September 2019).
More...
Man sentenced for sending asbestos to consulates
Savas Avan (49) was sentenced in the County Court of
Victoria to 3 years imprisonment, after pleading guilty to mailing
packages containing asbestos to consulates and embassies in
Melbourne and Canberra. The CDPP's Deputy Director for Illegal
Imports and Exports said Mr Avan's offending placed Australia
Post staff, embassy staff and the community at risk. (11 September
2019).
More...
Bill creates mandatory jail terms for child sex
offenders
The Morrison Government has tabled a bill in Parliament
that introduces mandatory minimum jail terms for serious child sex
offenders. The Crimes Legislation Amendment (Sexual Crimes Against
Children and Community Protection Measures) Bill 2019 also includes
a new maximum life penalty for the most serious Commonwealth
offences and a presumption against bail to help keep offenders in
custody while they face trial (11 September 2019).
More...
Victorian children better protected under new laws
Religious and spiritual leaders in Victoria must report
child abuse to the authorities, even if it was heard in the
confessional, under historic new laws passed by the Andrews Labor
Government (10 September 2019).
More...
New County Court Judge appointed
The Andrews Labor Government has announced the appointment
of magistrate and coroner Rosemary Carlin as a judge of the County
Court of Victoria (10 September 2019).
More...
Have your say on Australia's new cybersecurity
strategy
The Morrison Government will develop a
new cybersecurity strategy to keep businesses and families safe
online and is inviting business and the community to share their
views. The new strategy will build on the foundations of the 2016
Cyber Security Strategy (06 September 2019).
More...
Victoria Legal Aid: Centrelink waives another robo-debt
as legal challenge continues
The Federal Court has been told that Centrelink has wiped
the debt at the centre of a second test case against its robo-debt
scheme. The case will go to a hearing in early December (06
September 2019).
More...
HRLC: Parliament should reject the Morrison
Government's facial recognition scheme
The Morrison Government's plans for a facial
recognition identification and surveillance scheme are dangerously
overbroad, lack safeguards and could dramatically alter the freedom
of ordinary people going about their daily lives (06 September
2019).
More...
Local crime prevention grants now open
The Andrews Labor Government is investing in local
community crime prevention projects with applications now open for
the Community Safety Fund. Applications for this latest grant round
will close on Friday 18 October 2019 (05 September 2019).
More...
New independent member appointed to IBAC Audit and Risk
Management Committee
Jennifer Johanson, an experienced non-executive director
in financial services, education and the not-for-profit sector has
recently been appointed to IBAC's Audit and Risk Management
Committee. Ms Johanson's three-year term runs from September
2019 – September 2022 (05 September 2019).
More...
"Unlawful and wrong" – solitary
confinement and isolation of young people in Victorian prison and
youth justice centres: Ombudsman
Children and young people in Victorian prisons and youth
justice systems are being damaged rather than rehabilitated through
excessive use of isolation and separation, Victorian Ombudsman
Deborah Glass has found (05 September 2019).
More...
LCA: Parliament should not interfere with judicial
discretion
The Law Council in principle opposes mandatory sentences
as there are risks this may produce injustice in some
circumstances. Mandatory sentencing risks triggering unintended
consequences that are at odds with the intention of the laws and
fundamental principles which underpin the administration of justice
(03 September 2019).
More...
Millions spent on failing ad campaigns: audit
The government's $210 million advertising spend has
come under scrutiny in a new audit that questions administration
and spending decisions across key campaigns (03 September 2019).
More...
Statement on IBAC investigation into conduct of the
former Assistant Commissioner of Victoria Police Professional
Standards Command
IBAC's investigation, Operation Turon, into
allegations about the conduct of former Assistant Commissioner of
Professional Standards Command, Brett Guerin, has recently
concluded. IBAC's investigation found no evidence of actual
bias. Regardless of this, this behaviour risked damaging the
integrity of, and confidence in, Victoria Police investigations.
(02 September 2019).
More...
New Family Responsibilities Commissioner appointed
Trailblazing Indigenous and human rights advocate Tammy
Williams has been appointed in the role of Family Responsibilities
Commissioner (01 September 2019).
More...
IBAC to audit Victoria Police handling of complaints by
Aboriginal People
As part of its role to provide independent oversight of
Victoria Police, IBAC is conducting an audit of Victoria Police
handling of complaints by Aboriginal people (30 August 2019).
More...
Anti-terror plan to block online platforms
Online platforms carrying harmful content from terrorists
are to be blocked in Australia under new arrangements being put in
place by the eSafety Commissioner (29 August 2019).
More...
Audit call to revisit advertising rules
An audit of Government advertising between 2015 and April
of this year has prompted the Auditor-General to recommend that the
safeguards against it being used for political purposes be
revisited (29 August 2019).
More...
OVIC brings together experts to light the way for
responsible use of AI
The Office of the Victorian Information Commissioner
(OVIC) has published an e-book on Artificial
Intelligence titled Closer to the Machine: Technical, social and
legal aspects of AI (29 August 2019).
More...
Morrison Government delivers on religious reforms
The Morrison Government has delivered on its commitment to
legislate to prevent discrimination on the basis of religion,
releasing a draft Religious Discrimination Bill. The
Attorney-General said the draft Bill would form the basis of
extensive consultation over the coming weeks and he expected a
final draft Bill to be presented to Federal Parliament in October
(29 August 2019).
More...
ALRC: Review into the framework of Religious Exemptions
in Anti-discrimination Legislation
The ALRC welcomes the Attorney-General's decision to
issue the ALRC with amended terms of reference for its current
inquiry into exemptions for religious institutions in
anti-discrimination law. The narrowing of the terms of reference
will enable the ALRC to conduct a targeted law reform inquiry that
is more clearly separated from the exposure draft bill currently
open for comment (29 August 2019).
More...
Fairer birth certificates for trans and gender diverse
Victorians
Trans and gender diverse Victorians wanting to alter the
sex recorded on their birth certificate will no longer need to
undergo sex affirmation surgery under new laws passed by the
Andrews Labor Government (28 August 2019).
More...
Recommended approaches to improve national data
privacy
National security is no longer just about considering
safety in the physical sense, especially when most business and
commercial operations are accomplished virtually, via the internet
and telecommunications. There are many measures countries can take
to protect their national data and meta-data from third party
attackers (27 August 2019).
More...
Human element a key factor in data breaches
National figures on data breaches show about one in three
data breaches last quarter were caused by compromised credentials,
with log in and password information used to gain unauthorised
access to personal information (27 August 2019).
More...
Judge tells John Setka his proposed expulsion from Labor
'not within the court's jurisdiction'
The Supreme Court of Victoria dismisses a bid by union
boss John Setka to stop a vote to have him expelled from the
Australian Labor Party, with the court ruling it does not have the
jurisdiction to decide the matter (27 August 2019).
More...
Statement On Judicial Commission Investigation
I have been advised by the Judicial Commission of Victoria
that it has dismissed an allegation of misconduct concerning State
Coroner Judge Sara Hinchey. On 8 April 2019, the Commission
announced that it has referred a complaint to an investigating
panel (27 August 2019).
More...
Victims to have their say on wage theft
The Labor Government is holding forums across Victoria and
will consult a range of employer groups and unions to ensure the
new laws are fair. The government is making the underpayment of
wages, as well as the withholding of entitlements such as penalty
rates, superannuation and leave a criminal offence (26 August
2019).
More...
Fire bug crackdown: standard non-parole period almost
doubles
In a further crackdown on dangerous bushfire bugs, the
standard non-parole period for convicted arsonists is set to
increase from five years to nine years to help protect lives and
property, with an amendment to implement the recommendation of the
Sentencing Council (23 August 2019).
More...
PM sets up APS guideposts for the future
The Prime Minister has outlined six
'guideposts'' he expects the Australian Public Service
(APS) to follow if it is to support his
Government's priorities for the future (20 August 2019).
More...
In practice and courts
HCA Bulletin
The High Court Bulletin is compiled approximately once a
month, from February to December after each Court sitting –
See High Court of Australia Bulletin [2019] HCAB 07 (24
September 2019).
More...
AAT Bulletin
The AAT Bulletin is a weekly publication containing a list
of recent AAT decisions and information relating to appeals against
AAT decisions, including immigration and citizenship. Issue No.
38/2019, 23 September 2019.
More...
Cybersecurity strategy
The new strategy will build on the foundations of the 2016
Cyber Security Strategy. For more information on consultation
events until the end of October 2019.
More...
OAIC Guide to privacy regulatory action
Guide to privacy regulatory action has been updated to
provide greater clarity about matters considered by the
Commissioner regarding enforceable undertakings and independent
experts. The update follows a review of similar policies and
enforceable undertakings in relation to other regulatory areas
within the Commonwealth (28 August 2019).
More...
Senate Committee Inquiries
Inquiry into the impact of the exercise of law
enforcement and intelligence powers on the freedom of the
press
The inquiry was
referred by the Attorney-General, The Hon Christian Porter MP
who noted that the Government will consider proposals from media
organisations and interested bodies which aim to ensure the right
balance is struck between a free press and keeping Australians
safe.
For further information about the inquiry see the full terms of
reference. As agreed by the Attorney-General, the reporting
date for this inquiry has been extended to 28 November 2019.
Cybersecurity strategy
The new strategy will build on the foundations of the 2016
Cyber Security Strategy. For more information on consultation
events, including the discussion paper. (06 September
2019).
More...
Royal Commission into Violence, Abuse, Neglect and
Exploitation of People with Disability
The Office of the Royal Commission is now accepting
submissions to the above Inquiry. First public sitting is in
Brisbane on 16 September 2019. Please provide comments by 20
September 2019.
More...
LSC: Call for submissions – Managed Investment
Scheme Review of Uniform General Rules
The Legal Services Council has commenced its review of the
Managed Investment Scheme Uniform General Rules 91A-91D and is
seeking submissions from interested parties until 3 October 2019.
You can find more information
here (03 September 2019).
More...
Protocol for the Bar Associations of Australia to raise
any concern about Judicial conduct in Commonwealth courts
The Chief Justice of the Federal Court of Australia, the
Chief Justice of the Family Court of Australia and the Chief Judge
of the Federal Circuit Court of Australia have agreed with the
President of the Australian Bar Association (10 September 2019).
More...
Senate Inquiries – September 2019
Community Affairs Legislation Committee
Social
Security (Administration) Amendment (Income Management to Cashless
Debit Card Transition) Bill 2019
Social
Services Legislation Amendment (Drug Testing Trial) Bill
2019
Legal and Constitutional Affairs Legislation
Committee
Crimes
Legislation Amendment (Sexual Crimes Against Children and Community
Protection Measures) Bill 2019 [Provisions]
The
impact of changes to service delivery models on the administration
and running of Government programs
Nationhood,
national identity and democracy
The Legal and Constitutional Affairs Committees has been referred
the above inquiry, due to report by May 2020. The Discussion paper
is available
here (11 September 2019).
More...
Draft Religious Freedom Bills
The Australian Government invites submissions on a package
of legislative reforms on religious freedom. These are the:
Religious Discrimination Bill 2019; Religious Discrimination
(Consequential Amendments) Bill 2019 and Human Rights Legislation
Amendment (Freedom of Religion) Bill 2019. The draft Bills are
available on the
Attorney-General's Department website. Submissions have now
closed.
OAIC Guide to privacy regulatory action
Guide to privacy regulatory action has been updated to
provide greater clarity about matters considered by the
Commissioner regarding enforceable undertakings and independent
experts. The update follows a review of similar policies and
enforceable undertakings in relation to other regulatory areas
within the Commonwealth (28 August 2019).
More...
AAT Bulletin
The AAT Bulletin is a weekly publication containing a list
of recent AAT decisions and information relating to appeals against
AAT decisions, including immigration and citizenship. Issue No.
34/2019, 26 August 2019.
More...
Victoria
New Court Appointments
New Appointment To The Magistrates' Court September 18,
2019
New Chief Magistrate Appointed September 17, 2019
Supreme Court pro bono protocol
A new
pro bono referral protocol with the Supreme Court was endorsed.
The protocol formalises arrangements for the Supreme Court Trial
Division and Court of Appeal to refer appropriate matters to the
Bar for pro bono assistance, in order to establish a more
sustainable and efficient pro bono scheme and assist with the
administration of justice (26 September 2019).
More...
Court of Appeal: changes on 30 September 2019
The civil appeal period will increase to 42 days for most
appeals, and electronic filing through RedCrest will be introduced.
Updated Court rules, Court of Appeal Practice Notes and
Registrar's Notes will also commence. Practitioners are
encouraged to familiarise themselves prior to 30 September 2019:
Supreme Court (Court of Appeal E-Filing and Other Amendments)
Rules 2019
updated Court of Appeal Practice Notes
SC CA 1,
SC CA 2 and
SC CA 3
updated general Practice Note
SC Gen 19
updated Court of Appeal
Notice to Profession regarding applications for extension of time
under rule 64.08
For more information please refer to
the Court's website.
OVIC: FOI Professional Standards
17 September 2019
Right to Know Day 2019: FOI tips for agencies
OVIC: Report into the culture of FOI in Victoria: key
insights
Following completion of the pilot study, which was
conducted from May-August 2019, Associate Professor Lidberg
produced a report titled
The culture of administering access to government information and
freedom of information in Victoria. This blog post discusses
some of the key themes and insights from the report (25 September
2019)
Supreme Court: Practice Notes
Applications for extension of time under rule 64.08 of the Supreme
Court (General Civil Procedure) Rules 2015
This Court of Appeal notice concerns a trial period of granting
automatic time extensions of up to 14 days under rule 64.08. That
trial period ends on 29 September 2019.
Tabled Documents:
Surveillance Devices Act 1999 — Report 2018-19 under
s 30L – 12 September 2019
OPCAT in Victoria: A thematic investigation of practices related to
solitary confinement of children and young people – 10
September 2019
Library Bulletin
The Law Library of Victoria produces a fortnightly
bulletin that summarises the latest legislation and cases for the
Victorian jurisdiction, as well as High Court of Australia cases.
Download the
Library Bulletin No 18 2019 (fortnight ending 26 September
2019)
OVIC: FOI Professional Standards: FAQs
The
Professional Standards were developed under Part IB of the
Freedom of Information Act 1982 (Vic) and, as a
legislative instrument, in accordance with the requirements of the
Subordinate Legislation Act 1994 (Vic). On Wednesday 11
September 2019 the Standards were published in a special edition of
the
Government Gazette (12 September 2019).
More...
Tabled Documents:
Report on the appointment of a Parliamentary Integrity
Adviser
Joint report of the Privileges Committee of the Assembly and
Council – tabled on 29 August 2019
OVIC publishes e-book exploring technical, social and
legal aspects of AI
The Office of the Victorian Information Commissioner
(OVIC) has published an e-book on AI titled Closer to the
Machine: Technical, social and legal aspects of AI (29 August
2019).
More...
OVIC: Administering the Freedom of Information Act
This all day training (08 October 2019) A provides
Victorian public sector staff with a sound understanding of the
practical application of the Freedom of Information Act
1982 (Vic).
More...
Victoria Parliament Consultations
Inquiry into the Conduct of the 2018 Victorian State
Election
The Committee is inviting people to submit their views on
how the election was conducted and suggestions on how things could
be improved. Issues to be examined include enrolling, being a
candidate and voting. Submissions close on 30 August 2019. More...
Published – articles, papers, reports
Compliance by former Ministers of State with the
requirements of the Prime Minister's Statement of Ministerial
Standards
Senate Finance and Public Administration References
Committee; Parliament of Australia: 26 September 2019
This report recommends that, in light of the new information
uncovered by the inquiry and media reporting, the Prime Minister
should request the incoming Secretary of his Department to re-open
the investigation of Christopher Pyne and Julie Bishop, to
determine if they have breached the Statement of Ministerial
Standards. More...
Unauthorised access and disclosure of information held
by Victoria Police
Independent Broad-based Anti-Corruption Commission
(IBAC): 23 September 2019
This report provides an overview of the key risks associated with
unauthorised access and disclosure of information by Victoria
Police employees. It explores the drivers of these risks, as well
as potential prevention, reporting and detection measures.
More...
The 2018 Victorian state election: a quick guide
Dr Damon Muller; APH Politics and Public Administration
Section: 19 September 2019.
More...
Advancing the Victorian Treaty Process: Annual Report
and Plan 2018-19
Parliamentary Paper tabled Victorian Parliament: 17
September 2019.
More...
Australia's welfare 2019: in brief
Australian Institute of Health and Welfare: 11 September
2019
This report tells the story of welfare in Australia with key
findings on housing, education and skills, employment and work,
income and finance, government payments, social support, justice
and safety. More...
Discussion paper: a model for positive human rights
reform
Australian Human Rights Commission: 29 August 2019
This paper outlines what our current system of human rights
protections looks like, how it is and isn't effective in
ensuring that government respects, protects and fulfils our human
rights, why reforming the current system is critical, and options
for reform. More...
Annual Report 2018–19
VAGO: Tabled 29 August 2019
This report covers the activities of VAGO for the period 1 Cover of
the Annual Report 2018-19July 2018 to 30 June 2019. More...
Managing Registered Sex Offenders
VAGO: Tabled 28 August 2019
Victoria's sex offender registration scheme requires registered
sex offenders (RSOs) to keep police informed of key personal
details throughout a determined reporting period. This audit
examined whether Victoria Police has the governance structure and
organisational capability and capacity to manage RSOs.
More...
Report on the appointment of a Parliamentary Integrity
Adviser
Legislative Council Privileges Committee (Vic),
Legislative Assembly Privileges Committee (Vic)
Parliament of Victoria: 29 August 2019
This report outlines the scope of the position of Parliamentary
Integrity Adviser in Victoria. More...
Independent review into sex discrimination and sexual
harassment, including predatory behaviour, in Victoria Police:
Phase 3 audit and review
Victorian Equal Opportunity and Human Rights Commission:
27 August 2019
The Victorian Equal Opportunity and Human Rights Commission has
released this third report from its independent review into sex
discrimination and sexual harassment in Victoria Police. The report
identifies the significant progress Victoria Police has made on
gender equality since 2015, while highlighting the ongoing work and
commitment needed to stamp out workplace harm. More...
Young people returning to sentenced youth justice
supervision 2017–18
Australian Institute of Health and Welfare: 27 August
2019
This research finds that of young people aged 10–17, who were
under youth justice supervision at some time from 2000–01 to
2017–18, 41% returned to supervised sentence before turning
18. Of young people aged 10–16 in 2016–17 and released
from sentenced community-based supervision, 24% returned to
sentenced supervision in 6 months, and 47% within 12 months. More...
Cases
DSM v NSW Trustee and Guardian
[2019] NSWCATAD 193
ADMINISTRATIVE LAW – review under section 62
NSW Trustee and Guardian Act 2009 (NSW) – Trustee
and Guardian – interests and welfare of protected person
– whether to sell a protected persons property –
financial management order
Efektiv Pty Ltd v Hodge [2019]
VSC 636
POSESSION ORDER – Appeal from decision of an
Associate Judge – Appeal to Judge of Trial Division –
Whether error in refusing stay of VCAT possession orders –
Whether test of special or exceptional circumstances properly
applied – Whether appeal is nugatory – Is there a
serious question to be tried in the exercise of discretion –
No undertaking as to damages given – Prejudice afforded by
granting stay – Stay of possession order refused –
Maher v Commonwealth Bank of Australia [2018] VSC 93
– House v R (1936) 55 CLR 499
Minogue v Victoria [2019] HCA
31
Constitutional law – State Parliament –
Constitution – Ch III – Where plaintiff convicted of
murder of police officer – Where plaintiff sentenced to
imprisonment for life with non-parole period – Where
plaintiff's non-parole period expired – Where s 74AB of
Corrections Act 1986 (Vic) prevented making of parole
order in respect of plaintiff unless Adult Parole Board satisfied
plaintiff in imminent danger of dying or seriously incapacitated
and does not have physical ability to harm any person, and does not
pose risk to community – Where s 74AB identified plaintiff by
name and applied only to plaintiff – Where plaintiff not in
imminent danger of dying or seriously incapacitated – Where s
74AAA of Corrections Act imposed conditions for making
parole order if person convicted of murder and victim police
officer – Whether ss 74AB and 74AAA contrary to Ch III of
Constitution and therefore invalid – Whether ss 74AB and
74AAA impermissibly legislatively resentenced plaintiff –
Whether ss 74AB and 74AAA impose additional or separate punishment
to that imposed by sentencing court – Whether s 74AB
distinguishable from provision upheld in Knight v Victoria (2017)
261 CLR 306; [2017] HCA 29 – Whether Knight and Crump v New
South Wales (2012) 247 CLR 1; [2012] HCA 20 should be reopened.
Constitution, Ch III.
Estates 77 Pty Ltd v Minister for the
Environment [2019] FCA 1427
ADMINISTRATIVE LAW – application for judicial
review of a decision made under the Environment Protection and
Biodiversity Conservation Act 1999 (Cth) (EPBC
Act) – judicial review under the Administrative
Decisions (Judicial Review) Act 1977 (Cth) and the
Judiciary Act 1903 (Cth) – decision of the Minister
under s 75(1) of the EPBC Act – whether the Court can
consider whether a proposed action is likely to have a
'significant impact' on listed threatened species of
cockatoo – whether a question of jurisdictional fact
'RC' and TICA Default Tenancy Control Pty
Ltd (Privacy) [2019] AICmr
60
Privacy — Privacy Act 1988 (Cth) —
National Privacy Principles — Australian Privacy Principles
— Definition of 'personal information' –
Collection of personal information – NPP 1 – Breach
substantiated –Data quality – NPP 3 – APP 10
– Compensation awarded for non-economic loss –
Declaration that respondent must take specified steps
ID-FLK Gisborne Pty Ltd v Macedon Ranges
SC (Red Dot) [2019] VCAT
1336
NATURE OF CASE Whether VCAT has the power to amend and/or
consider a version of a Development Plan that differs from the
Development Plan that formed the basis of the responsible
authority's decision.
REASONS WHY DECISION IS OF INTEREST OR SIGNIFICANCE –
LEGISLATION – interpretation or application of statutory
provision – Victorian Civil and Administrative Tribunal
Act 1998 s 127; whether a 'a document in the
proceeding' includes a document that existed prior to the
proceeding; relevance to a 'secondary consent' review under
Planning and Environment Act 1987 s 149; decision in
TC Rice Pty Ltd v Cardinia SC (Red Dot) considered and
distinguished.
Austin v Dwyer (special witness
proceedings) [No 2] [2019] VSC 545
JUDICIAL REVIEW – Application to review decision
of Magistrates' Court of Victoria – "Special
witness" order – Criminal Procedure Act 2009
(Vic) ss 141, 145, 162, 163, 242 – Crimes Act 1914
ss 15Y, 15YAB – Plaintiff committed to trial in the County
Court – No proceedings remaining in Magistrates' Court to
which order would apply – Order of magistrate could not bind
County Court judge – Grounds not made out.
PRACTICE AND PROCEDURE – Application by defendant for summary
judgment under s 62 of the Civil Procedure Act 2010 (Vic)
– Application for summary judgment granted.
Legislation
Telecommunications
(Protecting Australians from Terrorist or Violent Criminal
Material) Direction (No. 1) 2019
09/09/2019 – This instrument directs relevant
service providers to block the websites included in the list of
websites hosting terrorist or violent criminal material, in
connection with the eSafety Commissioner's function of
promoting online safety for Australians by protecting them from
access or exposure to material that promotes, incites or instructs
in, terrorist acts or violent crimes.
Same-Sex
Relationships (Equal Treatment in Commonwealth Laws—General
Law Reform) (Veterans' Affairs) Regulations
2019
21/08/2019 – These regulations repeal and remake the
Same-Sex Relationships (Equal Treatment in Commonwealth Laws
— General Law Reform) (Veterans' Affairs) Regulations
2009 without amendments and to ensure dependants of deceased
Australian Defence Force members continue receiving benefits under
the Military Rehabilitation and Compensation Act 2004 and
the Veterans' Entitlements Act 1986.
Bills
Combatting Child Sexual Exploitation Legislation Amendment
Bill 2019
Finally passed both houses 17/09/2019 – The Bill
protects children from sexual exploitation by improving the
Commonwealth framework of offences relating to child abuse
material, overseas child sexual abuse, forced marriage, failing to
report child sexual abuse and failing to protect children from such
abuse. The Bill amends the Criminal Code Act 1995(Criminal
Code), the Customs Act 1901, the Crimes Act
1914, the Surveillance Devices Act 2004 and the
Telecommunications (Interception and Access) Act 1979
Crimes Legislation Amendment (Police Powers at Airports)
Bill 2019
Senate Second reading debate 19 September 2019 –
The Bill amends the Crimes Act 1914 to: broaden existing
identity check provisions and create offences and powers in
relation to identity check, move-on and ancillary directions by
constables and protective services officers at Australia's
major airports; and Australian Federal Police Act 1979 to
provide that the offence of contravening an identity check or
move-on direction is a protective service offence for the purposes
of the Act.
Commonwealth Electoral Amendment (Real-Time Disclosure of
Political Donations) Bill 2019
HR 16 September 2019 – This Bill amends the Act
to require the agent or financial controller of the party, branch
or campaigner to advise the electoral commission of any donation
received by the party, branch or campaigner that meets or exceeds
the disclosure threshold. The notification must occur within 5
business days of receipt of the donation. The notification must
include the identity of the person or entity who made the gift.
Australian Bill of Rights Bill 2019
HR 16 September 2019 – This bill seeks to
enshrine a Bill of Rights in Australian law. It is
modelled very closely on the Australian Bill of Rights Bill
2001and is intended to give effect to certain provisions of
the International Covenant on Civil and Political Rights, the
International Covenant on Economic, Social and Cultural Rights, the
Convention on the Rights of the Child and the Convention against
Torture and Other Cruel, Inhumane or Degrading Treatment or
Punishment.
Criminal Code Amendment (Agricultural Protection) Bill
2019
House of Representatives Message from Senate reported
12/09/2019
Consideration of Senate message Details: House agreed to Senate
amendments 12/09/2019
Amends the Criminal Code Act 1995 to introduce two new
offences in relation to the incitement of trespass or property
offences on agricultural land
Royal Commissions Amendment (Private Sessions) Bill
2019
HR Message from Senate reported 10/09/2019.
Consideration of Senate message. Details: House agreed to Senate
amendments 10/09/2019
Senate 09//09/2019 – Amends the: Royal Commission Act
1902 to: enable a Royal Commission to hold private sessions
where a regulation is made authorising it to do so; enable the
Chair of a multi-member Royal Commission, or a sole Commissioner,
to authorise Assistant Commissioners to hold private sessions; and
impose limits on the use and disclosure of private session
information and certain information given to the Child Sexual Abuse
Royal Commission; and Freedom of Information Act 1982 to
make consequential amendments
National Integrity Commission Bill 2018 (No. 2)
HR 10/09/2019 – The bill establishes the
Australian National Integrity Commission as an independent public
sector anti-corruption commission for the Commonwealth; provides
for the appointment, functions and powers of the National Integrity
Commissioner and commissioners; and makes consequential amendments
to the Law Enforcement Integrity Commissioner Act 2006,
Ombudsman Act 1976 and Public Interest Disclosure Act
2013
Children's Services Amendment Bill
2019
Date of second reading speech: 28 August 2019 –
Aligns the Victorian regulatory scheme for children's services
under the Children's Services Act 1996 with the
regulatory regime in the national quality framework where
appropriate.
Police Legislation Amendment (Road Safety Camera
Commissioner and Other Matters) Bill
2019
Date of second reading speech: 29 August 2019 –
Alters information sharing arrangements between the Road Safety
Camera Commissioner, Victoria Police and the Department, reduces
the retention period for found property that is not claimed, and
makes changes to the powers of Protective Services Officers.
Public Administration Amendment Bill
2019
Date of second reading speech: 28 August 2019 – This
Bill clarifies standards that apply to public sector bodies in
relation to publication of public sector communications.
Racial and Religious Tolerance Amendment Bill
2019
Date of second reading speech: 28 August 2019 – This
Bill extends the application of the Racial and Religious
Tolerance Act 2001 to include protection from vilification
based on certain protected attributes.
Acts
Criminal Code Amendment (Agricultural Protection) Act
2019
24 September 2019 – Act No. 67 of 2019 as made
– Amends the Criminal Code Act 1995 to introduce two
new offences in relation to the incitement of trespass or property
offences on agricultural land
Combatting Child Sexual Exploitation Legislation
Amendment Act 2019
20 September 2019 – Assent Act no: 72 of 2019
– The Bill protects children from sexual exploitation by
improving the Commonwealth framework of offences relating to child
abuse material, overseas child sexual abuse, forced marriage,
failing to report child sexual abuse and failing to protect
children from such abuse.
Royal Commissions Amendment (Private Sessions) Act 2019
16 September 2019 – Act No. 64 of 2019 as
made
Victorian Independent Remuneration Tribunal and
Improving Parliamentary Standards Act 2019
Act Number: 5/2019 – Sections 48-54, 56-60, 62, 80-82 of this
Act came into operation on 16 September 2019 s. 2(4)Sections 48-54,
56-60, 62, 80-82 of this Act came into operation on 16 September
2019 s. 2(4)
Children Legislation Amendment Act
2019
Act Number: 30/2019 Date of assent: 17 September 2019
Legal Profession Uniform Law Application Amendment Act
2019
Act Number: 31/2019 Date of assent: 17 September 2019
Essential Services Commission Amendment
(Governance, Procedural and Administrative
Improvements)Act 2019
Act Number: 21/2019 Date of assent: 20 August 2019
Statutory Rules
No 83
Victorian Independent Remuneration Tribunal and Improving
Parliamentary Standards Amendment Regulations 2019
No 87
Magistrates' Court General Amendment Regulations 2019
24 September 2019 – he objective of these Regulations is to
amend the Magistrates' Court General Regulations 2014 to remove
Shepparton Magistrates' Court from the list of venues at which
the Family Violence Court Division of the Magistrates' Court
may sit and act
No 73
Supreme Court (Court of Appeal E-Filing and Other Amendments) Rules
2019
Commencement: These Rules come into operation on30 September
2019
No 80
Sheriff Regulations 2019
No 81
Magistrates' Court (Miscellaneous Civil Proceedings)
(Arbitration Costs Amendment) Rules 2019
No 82
Magistrates' Court Authentication Amendment Rules 2019
– 12 September 2019
Victorian legislation can be accessed here www.legislation.vic.gov.au
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.