In the media
Free and equal: An Australian conversation on human
rights inquiry
The Law Council has prepared a submission to the
Australian Human Rights Commission's
(AHRC's) Free and equal: An Australian
conversation on human rights inquiry. In addition to a human rights
act, the submission sets out a number of mechanisms to promote and
uphold human rights in Australia (05 December 2019).
More...
LCA: Parliament should reject flawed family court merger
Bill
Legislation merging the specialist Family Court into a
single generalist court will not alleviate the fundamental problems
plaguing the family law system, including the risk of victims of
family violence falling through the cracks (05 December 2019).
More...
Court reforms to deliver better outcomes for
families
Fixing the broken structure of the family court system and
helping families achieve faster and lower cost resolutions are the
key aims of legislation to be introduced into Federal Parliament
(05 December 2019).
More...
Overhaul of APS sees cuts to Govt Departments
In a major overhaul of the Australian Public Service, the
prime minister has announced that federal government departments
will be reduced from 18 to 14 and five secretaries sacked. From
February 1, four new departments will be created and Services
Australia will become an executive agency (05 December 2019).
More...
Downgrading of Australia's open democracy status a
stark reminder of the need to create an Australian Charter of Human
Rights and Freedoms
Australia's status as an open democracy has been
downgraded in a blunt assessment released this week by a global
alliance of human rights organisations (05 December 2019).
More...
ACCC releases customer loyalty schemes final
report
The ACCC has released its final report on Customer loyalty
schemes. It calls for legislative reforms to protect consumers,
including in relation to data practices and privacy. (03 December
2019).
More...
View Customer loyalty schemes final report
ALRC: Report Launch – the future of law
reform
The Australian Law Reform Commission
(ALRC) is releasing a report suggesting an
ambitious agenda for law reform over the next five years (02
December 2019).
More...
New PS engagement tools put to work
The Department said the new APS Framework for
Engagement and Participation would include guidance on
engagement principles and standards for the APS and ways to open
dialogue for "deliberative engagement" (02 December
2019).
More...
Tis the season to be wary online
The Office of the Australian Information Commissioner
(OAIC) has reminded shoppers and retailers to be
careful about the information they share online this festive season
(02 December 2019).
More...
LCA: Act now to bolster government accountability and
rule of law
A raft of legislation before parliament this week risks
seriously undermining the administration of justice and the rights
of all Australians, the Law Council of Australia has warned. The
Law Council is concerned about legislation to validate unlawful
decisions that have been taken by the Australian Criminal
Intelligence Commission and broaden the authorisation process for
operations or investigations (01 December 2019).
More...
Pilot program to save time and money for separating
couples
A simpler and more cost-effective process to help
separating couples divide their property assets will be trialled in
four Federal Circuit Court Registries from January 2020. The Small
Claims Property Pilot will run for two years in Brisbane,
Parramatta, Adelaide and Melbourne to couples with property pools
under $500,000. (29 November 2019).
More...
NSW leads work on child sexual assault reforms
A NSW Government-led process to significantly reform
evidence law in Uniform Evidence jurisdictions across Australia
will help achieve a more effective and consistent response in
prosecutions involving child sexual abuse (29 November 2019).
More...
Nation unites on defamation reform
The NSW-led process to update national defamation laws
reached a new milestone, with Australia's Attorneys-General
agreeing to release draft reforms for public consultation (29
November 2019).
More...
In practice and courts
ALRC Discussion Paper on corporate criminal
responsibility
The Discussion Paper makes 23 proposals for reform and
asks 11 questions on particular areas of reform.
A number of aspects of corporate criminal liability are discussed,
including: the division between criminal offences and civil penalty
provisions; the method for attributing liability to corporations;
individual liability for corporate offences; sentencing; and,
specific issues such as illegal phoenix activity.
More...
The ALRC is seeking submissions on the Discussion Paper until 31 January 2020.
Federal Court of Australia—new Defamation Practice
Note
The Federal Court of Australia has issued a new Defamation
Practice Note (DEF-1), taking effect from 12
November 2019.
More...
The Court welcomes views in respect of the Defamation Practice
Note. Feedback should be provided by email addressed to Rupert
Burns, the National Co-ordinating Registrar for the Defamation Sub
area at practice.notes@fedcourt.gov.au.
Feedback should include a short summary of the key issues to be
brought to the Court's attention and relevant contact
details.
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.
48/2019,(2 December 2019).
More...
Council of Attorneys-General (CAG)
communiqué
29 November 2019 - A meeting of the Council of
Attorneys-General (CAG) was held on 29 November
2019 in Adelaide, South Australia. All jurisdictions were
represented by Ministers.
More...
Current Consultations – 06 December 2019
Finance and Public Administration Legislation
Committee
NewNational
Integrity (Parliamentary Standards) Bill 2019
Public
Governance, Performance and Accountability Amendment (Tax
Transparency in Procurement and Grants) Bill 2019
Foreign Affairs, Defence and Trade References Committee
Australia's
declarations made under certain international laws
Legal and Constitutional Affairs Legislation
Committee
Family
Law Amendment (Western Australia De Facto Superannuation Splitting
and Bankruptcy) Bill 2019 [Provisions]
Federal
Circuit and Family Court of Australia Bill 2019 [Provisions] and
Federal Circuit and Family Court of Australia (Consequential
Amendments and Transitional Provisions) Bill 2019
[Provisions]
Crimes
Legislation Amendment (Combatting Corporate Crime) Bill
2019
Transport
Security Amendment (Testing and Training) Bill 2019
Transport
Security Amendment (Serious Crime) Bill 2019 [Provisions]
Community Affairs Legislation Committee
Australian
Sports Anti-Doping Authority Amendment (Sport Integrity Australia)
Bill 2019
ANAO Performance audit in-progress: Defence's
management of its public communications and media activities
Due to table: December 2019: The objective of this audit
is to assess the effectiveness and appropriateness of the
Department of Defence's management of its public communications
and media activities.
More...
LSC: New Australian Legal Register will Safeguard
Consumers
The Legal Services Council (LSC)
announces the launch of a new Register that consumers can use to
easily check the details of legal practitioners in NSW and
Victoria. The Australian Legal Profession Register is now available
via the Legal Services Council website. To search the Australian
Legal Profession Register (06 December 2019). More...
LSC: Public Submissions invited: Review of MIS
Consultation Paper UGR 91A-91D
The LSC is inviting submissions on the Draft Consultation
Paper for the Review of Managed Investment Schemes Uniform General
Rules 91A-91D. Submissions are open until Friday 31 January 2020
(06 December 2019).
More...
NSW Department of Justice: Current Consultations
The NSW Department of Communities and Justice is
conducting a review of the Inspector of Custodial Services Act 2012
to determine whether its policy objectives remain validand its
terms remain appropriate for securing those objectives. Submissions
close on 20 December 2019. The Department of Communities and
Justice is seeking feedback on the Graffiti Control Act 2008 to
determine whetherthe policy objectives of the Act remain valid and
if its terms remain appropriate for securing those objectives.
Submissions close on 10February 2020.
More...
JUDCOM:Civil Trials Bench Book — Update 40,
December 2019
The following changes have been incorporated into this
update: [1-0240] Broadcast of judgments; [1-0400] Proceedings in
public suppression orders; [1-0930] Interpreters —
implementation; [2-0010] Case management overview; [2-2680] Abuse
of process; [4-1515] Privilege — observations on the
operation of s 118; [5-4000] Defamation; [8-0000] Costs and
[10-0300] Civil and criminal contempt.
More...
JUDCOM: The Bar Book Project? is launched
The Public Defenders NSW launched the Bar Book
Project on 8 November 2019. The Bar Book
is hosted on the Public Defenders' website. The Bar Book
Project has developed chapters of research relating to
experiences of disadvantage and deprivation. The purpose of this
resource, for legal practitioners, is to assist in the preparation
and presentation of evidence to establish the application of the
Bugmy v The Queen (2013) 249 CLR 571 principles (19
November 2019).
More...
NSW IPC: Statement - Information Commissioner action to
promote compliance with Information Access Guideline
Information Commissioner action to promote compliance with
Information Access Guideline 1 - For Local Councils on the
disclosure of information (returns disclosing the interest of
councillors and designated persons) is outlined here (29 November
2019).
More...
NCAT: Recognising NCAT's contribution to best
practice guidelines
Members of NCAT's Guardianship Division led the
completion of a national project that developed best practice
guidelines to encourage people with a decision-making disability to
meaningfully participate in Tribunal proceedings. The full report
is available on the
AGAC website. Many thanks to the NCAT Members who contributed
their time and expertise developing these Guidelines (05 December
2019).
More...
DCJ NSW: Free diary gives seniors 2020 knowledge
NSW seniors are encouraged to pick up a copy of the free
2020 Legal Topics for Older Persons Diary to help them understand
their legal rights and navigate the justice system (December2019).
More...
NSW Justice: Review of the Graffiti Control Act
2008
The Department of Communities and Justice is seeking
feedback on the Graffiti Control Act 2008 to determine whether the
policy objectives of the Act remain valid and if its terms remain
appropriate for securing those objectives. Submissions close on 15
December 2019.
More...
Decisions of interest: Practice support
The NSW Court of Appeal has published its latest Decisions
of Interest Bulletin on the Court of Appeal website
(November 2019).
More...
Published – articles, papers, reports
Rethinking sentencing for young adult offenders
Anna Chalton, Anusha Kenny, Hoa Nguyen; Sentencing
Advisory Council (Vic)
This report assesses the available sentencing options for offenders
aged 18 to 25 in Victoria. The report reviews the literature on
young adult offenders and their offending trajectories. It also
analyses sentencing outcomes for young adult offenders in Victoria
and explores approaches to sentencing this age group in other
jurisdictions (03 December 2019). More...
The future of law reform: a suggested program of work
2020-25
Australian Law Reform Commission
This report seeks to identify the most pressing areas for law
reform in Australia that would be suitable for an inquiry by the
Australian Law Reform Commission (ALRC). If
accepted, the topics set out in this report could form a set
program of work for the ALRC over the next five years. This is the
first time the ALRC has undertaken this process (02 December 2019).
More...
Challenging power, fighting discrimination
Amnesty International
This publication summarises the key challenges affecting women
human rights defenders (WHRDs), and includes input
collected through interviews with WHRDs in all continents. They all
insist that more action is urgently needed from state and non-state
actors, so that they can continue their critical human rights work,
free from violence, discrimination, harassment and other violations
(29 November 2019). More...
Delivering government priorities: corporate plan
2019–2023
Department of the Prime Minister and Cabinet (Australia);
Government of Australia
This document sets out how the Department of the Prime Minister and
Cabinet intends to deliver on their responsibilities, and addresses
their operating environment, their people and capability, their
risk management and oversight and their key activities and
performance measures (29 November 2019). More...
APSC: State of the Service Report 2018–19
The State of the Service Report 2018–19 was tabled
in both Houses of Parliament on Tuesday 26 November 2019. The
report is informed by data from the annual APS agency survey and
APS employee census, as well as the APS Employment Database. More...
Implementation of the My Health Record System
ANAO
The audit objective was to assess the effectiveness of the
implementation of the My Health Record system under the opt-out
model (25 November 2019).
More...
Cases
Cheung v Commissioner of Police
[2019] NSWCATAD 249
ADMINISTRATIVE LAW – Freedom of Information –
access to information – secrecy provision in other
legislation – whether overriding public interest against
disclosure – form of access – provision of alternative
form of access
Robert Noble v Mosman Municipal Council
[2019] NSWCATAD 247
Administrative Law – Civil and Administrative
Tribunal – administrative review jurisdiction –
enabling legislation - no jurisdiction to review a decision with
respect to a planning approval made under Part 1 of Chapter 7 of
the Local Government Act 1933 – no jurisdiction to review a
decision made with respect to an Application for Heritage Exemption
under the Mosman Local Environmental Plan 2012.
Choi v NSW Department of Justice
[2019] NSWCATAD 248
ADMINISTRATIVE LAW – Freedom of information
-application for review out of time - whether reasonable
explanation for the delay
Liang v University of Technology Sydney
(No 3) [2019] NSWSC 1705
ADMINISTRATIVE LAW – administrative tribunals
– statutory appeals from administrative authorities to courts
– leave to appeal only available for error of law – no
error of law identified – leave to appeal refused
DKV v Southern NSW Local Health District
(No 2) [2019] NSWCATAD 243
PRIVACY- Healthcare Privacy Principles-breaches conceded-
psychological harm-damages
Rapisarda v Commissioner of
Police; Housego v
Commissioner of Police;
Sheehy v Commissioner of
Police; McDonald v
Commissioner of Police [2019] NSWCATAD
242
HUMAN RIGHTS – Discrimination - Grounds –
Sexual-orientation discrimination – Whether complaint of
suspected drug use was made against applicant police officers on
the ground of their homosexuality – Identification of
relevant comparator – Whether officers were subjected to a
detriment – Anti-Discrimination Act 1977 s 49ZG, s 49ZH
HUMAN RIGHTS – Legislation – Anti-Discrimination Act
1977 (NSW) – Vicarious liability – Whether Police
officers "employees" for the purposes of the Act –
Whether Commissioner of Police liable for discriminatory acts of
Police officer – Anti-Discrimination Act 1977 s 4B, s
53
HUMAN RIGHTS – Legislation – Anti-Discrimination Act
1977 (NSW) – Defences – Whether Police officer under
statutory obligation to lodge discriminatory complaint –
Anti-Discrimination Act 1977 s 54
HUMAN RIGHTS – Discrimination – Victimisation –
Whether making of complaint against Police officer and making
adverse comments on application for promotion after Police officer
had raised possibility that he had been the subject of
discrimination constituted victimisation –
Anti-Discrimination Act 1977 s 50
Tang v Northern Sydney Local Health
District [2019] NSWCATAD
241
ANTI-DISCRIMINATION – application for leave to
proceed with complaint - complaint of victimisation – whether
fair or just to
El-Saeidy v Director of Public
Prosecutions (NSW) [2019] NSWCA
289
JUDICIAL REVIEW – appeal pending in District Court
– criminal jurisdiction – appeals from convictions and
imposition of apprehended domestic violence order IN Local Court
– review of interlocutory decisions – review of
rejection of recusal application
PROCEDURAL FAIRNESS – bias – recusal application based
on apprehended bias – appeal from refusal – when
interlocutory appeal available
PROCEDURE – solicitor on record – professional
responsibilities – instructions terminated after failed
adjournment application – limiting scope of solicitor's
instructions – application of Uniform Civil Procedure Rules
2005 (NSW), Pt 7, div 7
Kirkman v Minister Administering the Crown Lands
Act [2019] NSWSC
1683
PRACTICE AND PROCEDURE – adjournment of proceedings
– application for judicial review of administrative decision
of the Minister for Agriculture and Forestry ("the
Minister") to close a Crown road and sell the land comprising
the road to adjoining owners – plaintiff is one of the
adjoining owners – Minister is the first defendant and has
filed a submitting appearance – the other adjoining owner is
the second defendant – the Minister's failure to appear
at the hearing makes it more difficult for the Court to determine
what material was before the Minister at the time the challenged
decision was made – Minister's assistance sought to
accurately determine the scope of the material before the
decision-maker – what procedural directions should be
undertaken to give the Court clarity about what materials were
before the Minister at the time the decision was made.
Rapisarda v Commissioner of
Police; Housego v
Commissioner of Police;
Sheehy v Commissioner of
Police;McDonald v
Commissioner of Police [2019] NSWCATAD
242
HUMAN RIGHTS – Discrimination - Grounds –
Sexual-orientation discrimination – Whether complaint of
suspected drug use was made against applicant police officers on
the ground of their homosexuality – Identification of
relevant comparator – Whether officers were subjected to a
detriment – Anti-Discrimination Act 1977 s 49ZG, s 49ZH
HUMAN RIGHTS – Legislation – Anti-Discrimination Act
1977 (NSW) – Vicarious liability – Whether Police
officers "employees" for the purposes of the Act –
Whether Commissioner of Police liable for discriminatory acts of
Police officer – Anti-Discrimination Act 1977 s 4B, s
53
HUMAN RIGHTS – Legislation – Anti-Discrimination Act
1977 (NSW) – Defences – Whether Police officer under
statutory obligation to lodge discriminatory complaint –
Anti-Discrimination Act 1977 s 54
HUMAN RIGHTS – Discrimination – Victimisation –
Whether making of complaint against Police officer and making
adverse comments on application for promotion after Police officer
had raised possibility that he had been the subject of
discrimination constituted victimisation –
Anti-Discrimination Act 1977 s 50
El-Saeidy v Director of Public
Prosecutions (NSW) [2019] NSWCA
289
JUDICIAL REVIEW – appeal pending in District Court
– criminal jurisdiction – appeals from convictions and
imposition of apprehended domestic violence order IN Local Court
– review of interlocutory decisions – review of
rejection of recusal application
PROCEDURAL FAIRNESS – bias – recusal application based
on apprehended bias – appeal from refusal – when
interlocutory appeal available
PROCEDURE – solicitor on record – professional
responsibilities – instructions terminated after failed
adjournment application – limiting scope of solicitor's
instructions – application of Uniform Civil Procedure Rules
2005 (NSW), Pt 7, div 7
Legislation
NSW
Proclamations commencing Acts
Electoral
Funding Amendment (Cash Donations) Act 2019 No 22 (2019-584)
— published LW 6 December 2019
Justice
Legislation Amendment Act 2019 No 10 (2019-585) —
published LW 6 December 2019
The object of this Proclamation is to commence provisions that
amend the Law Enforcement (Powers and Responsibilities) Act 2002
and regulations made under that Act, enabling applications for
notices to produce documents to be made by email and any other
method authorised by the regulations, at all times
Justice
Legislation Amendment Act 2019 No 10 (2019-586) —
published LW 6 December 2019
The object of this Proclamation is to commence amendments to the
Coroners Act 2009 that relate to the requirement to report deaths
and the conduct of non-invasive preliminary examinations of a
deceased person's remains
Regulations and other miscellaneous instruments
Electoral
Funding (Adjustable Amounts) (Administrative and New Party Policy
Development Funding) Notice 2019 (2019-588) — published
LW 6 December 2019
Liquor
Amendment (Night Time Economy) Regulation 2019 (2019-589)
— published LW 6 December 2019
Bills assented to
Children's Guardian Act 2019 No 25 — Assented to
04 December 2019
Regulations and other miscellaneous instruments
Child
Protection (Working with Children) Amendment (Proof of Identity
Requirements) Regulation 2019 (2019-570) — published LW
29 November 2019
Bills assented to
Electoral Funding Amendment (Cash Donations) Act 2019 No
22 — Assented to 26 November 2019
Gambling Legislation Amendment (Online and Other Betting) Act 2019
No 24 — Assented to 26 November 2019
For the full text of Bills, and details on the passage of Bills,
see Bills
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.