In the media
OAIC: Email highlighted as a key risk for data
breaches
Malicious or criminal attacks including cyber incidents
remain the leading cause of data breaches involving personal
information in Australia, with almost one in three breaches linked
to compromised login credentials, a new report shows (28 February
2020).
More...
Victoria to have a legislated spent convictions
scheme
The Andrews Labor Government has committed to introduce a
legislated spent convictions scheme to ensure old criminal records
for eligible offences do not impact on an individual's
opportunity to gain employment and rehabilitate (27 February 2020).
More...
Prison is no place for 10 year olds: Australian
governments told
Chief law-makers in Australia must promote the rights of
children with a commitment to raise the age at which children can
be locked up, the Human Rights Law Centre has told a Working Group
tasked to consider the age of legal responsibility (27 February
2020).
More...
Prime minister's department broke the law delaying
FOI request, watchdog finds
The prime minister's department broke the law by
inexplicably delaying a freedom of information request about
allegations the former public service commissioner improperly aided
the right wing Institute of Public Affairs (27 February 2020).
More...
Consumer Data Right privacy guidelines released
Guidelines for business on how to safeguard consumers'
privacy under the Consumer Data Right have been released by the
Office of the Australian Information Commissioner (24 February
2020).
More...
LCA: Independent checks on de-encryption powers
needed
Law Council President Pauline Wright said the absence of
judicial review of the powers of law enforcement and intelligence
agencies to access encrypted data will erode social licence for the
use of these powers and undermine reasonable expectations of
confidentiality and privacy (19 February 2020).
More...
AFP sensitive investigation review released
The Australian Federal Police (AFP) has
released a report on a recent review of its handling of sensitive
investigations. At the centre of the Review's findings was a
definition of 'sensitive investigation' and a key
structural and governance change to create an escalation model for
the AFP to better manage sensitive investigations (17 February
2020).
More...
New guidelines to combat gendered violence at work
Employers turning a blind eye to gendered violence are on
notice, with the Andrews Labor Government introducing new guidance
to help eradicate this unacceptable behaviour from Victorian
workplaces (13 March 2020).
More...
Contingency fees opposed by Law Council
Enabling lawyers to hold a direct financial interest in
the outcome of their client's case creates a serious risk of
compromising a practitioner's fundamental ethical obligations
to the court and their clients, the Law Council of Australia has
warned. At a recent board meeting of the Law Council, directors
resolved to oppose contingency fees as a matter of principle (13
March 2020).
More...
AFP disclosure regarding ACT Policing's access to
telecommunications data
The Commonwealth Ombudsman, acknowledges the AFP's
announcement of compliance issues it has identified affecting ACT
Policing's handling of requests for certain types of
telecommunications data. The Ombudsman has made suggestions to the
AFP to ensure that it comprehensively examines the extent to which
specific legislative provisions in force at the relevant times were
breached, and their implications (11 March 2020).
More...
Sex discrimination commissioner launches Respect@Work
report of the National Inquiry into Sexual Harassment in Australian
Workplaces
Sex Discrimination Commissioner has launched Respect@Work,
the Australian Human Rights Commission's report of the National
Inquiry into Sexual Harassment in Australian Workplaces 2020.
Through a package of 55 recommendations, Respect@Work proposes a
new approach for government, employers and the community to better
prevent and respond to sexual harassment in the workplace (05 March
2020).
More...
Commonwealth needs to stop playing politics with
vulnerable Victorians, Law Institute of Victoria says
Vulnerable people attending court are missing out on
support and legal assistance while the Federal and State
Governments squabble over who is responsible for funding, according
to the Law Institute of Victoria (05 March 2020).
More...
Protecting emergency workers from harm
It will be even harder for people who assault emergency
workers to use "special reasons" to avoid a jail term
under new laws introduced into Parliament. The Sentencing Amendment
(Emergency Worker Harm) Bill 2020 will require courts to impose a
sentence of imprisonment in all cases where an offender recklessly
or intentionally injures an emergency worker on duty (03 March
2020).
More...
Emails blamed for data breaches
The Office of the Australian Information Commissioner has
announced that almost one in three data breaches in Australia have
been linked to compromised login credentials, in her latest report
Notifiable Data Breaches Report. View the Commissioners Report at
this
PS News link (02 March 2020).
More...
In practice and courts
AAT Bulletin
The AAT Bulletin is a weekly publication containing a list
of recent AAT decisions and information relating to appeals against
AAT decisions
Issue No. 7/2020, 24 February 2020.
More...
Australian Bushfires Disaster Emergency Declaration
— Understanding your privacy obligations
The Attorney-General has made the Privacy
(Australian Bushfires Disaster) Emergency Declaration (No. 1)
2020 (the emergency declaration) under Part VIA of the Privacy
Act 1988 (Cth) (Privacy Act). The emergency declaration was made in
response to bushfires in Australia resulting in death, injury and
property damage occurring from August 2019 into 2020. The emergency
declaration expires on 20 January 2021.
OAIC: CDR Privacy Safeguard Guidelines RSS feed
The Privacy Safeguard Guidelines outline how the
Information Commissioner will interpret and apply the privacy
safeguards when exercising the functions and powers relating to the
privacy safeguards under Part IVD of the Competition and Consumer
Act 2010 (Competition and Consumer Act), which establishes the
Consumer Data Right (CDR) (24 February 2020).
More...
AHRC: New national guide on powers of attorney
You Decide Who Decides, funded by the Australian
government, sponsored by the Australian Guardianship and
Administration Council and developed by the Victorian Public
Advocate, is a national resource which identifies differences
between the law across the country. Information about where to find
the form in different states and territories and a list of other
useful websites is included at the back. It can also be downloaded
from the Australian Guardianship and
Administration Council (25 February 2020).
More...
Court Appointments
New County Court judge appointed
The Andrews Labor Government has announced the appointment
of Fran Dalziel as a judge of the County Court. Ms Dalziel was
admitted to legal practice in the Supreme Court of Victoria and the
High Court of Australia in 2001 (20 February 2020).
More...
New appointment to the Magistrates' Court
The Andrews Labor Government has announced the appointment
of Kristen Rose to the Magistrates' Court of Victoria (18
February 2020).
More...
Coronavirus (COVID-19) precautions at Courts and
Tribunals
The
Federal Court of Australia, the
Family Court of Australia and the
Federal Circuit Court have this week issued notices directed at
minimising the spread of the virus in the community (March
2020)
AAT bulletin
The AAT Bulletin is a weekly publication containing a list
of recent AAT decisions and information relating to appeals against
AAT decisions
Issue No. 9/2020, 9 March 2020.
More...
Law Council of Australia submissions
02 March 2020— Law Council.
More...
02 March 2020— Law Council.
More...
Legal Services Council newsletter - Issue 1
Click
here to view issue 1 for 2020 of the Legal Services Council
newsletter.
ANAO performance audits in progress
Due to table: June, 2020; Open for contribution
Administration of financial disclosure requirements under the
Commonwealth Electoral Act
Due to table: June, 2020 Open for contribution
Management of the Australian Government's Register of Lobbyists
— follow-up
Victoria
Court appointments
Four New Appointments To The Magistrates' Court (03 March
2020)
Supreme Court of Victoria: Coronavirus information
13 March 2020 - The Supreme Court of Victoria is operating
as usual and closely following State and Commonwealth government
advice regarding the coronavirus disease (COVID-19).
More...
Law 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
(fortnight ending 13 March 2020).
More...
OVIC: Discussion paper published on Proactive and
informal release of information in the Victorian public
sector
The OVIC has published a discussion paper on
Proactive and informal release of information in the Victorian
public sector. OVIC will use this information to explore how it
can better assist agencies to proactively and informally release
information to the public. Read the discussion paper
Proactive and informal release of information in the Victorian
public sector or download the
PDF (13 March 2020).
Inquiry into nti-Vilification Protections - public
hearing
The Legislative Assembly Legal and Social Issues Committee
will be holding its next public hearing for its Inquiry into
anti-vilification protections on 25 March 2020 in East Melbourne.
More...
Published – articles, papers, reports
Face to face with digital exclusion
Citizens Advice Bureau: 27 February 2020
The report highlights the challenges faced by people across a broad
range of demographics and the barriers they encounter when dealing
with government services online. It highlights that
'digital' is not always best and that retaining
'human' services is a critical part of ensuring that
wellbeing is supported and enhanced. More...
Impact of changes to service delivery models on the
administration and running of government programs
Senate Legal and Constitutional Affairs References
Committee
Parliament of Australia: 27 February 2020
This report recommends that the Australian government assess all
current and future proposals for outsourcing government services
against a 'public interest test', which includes flow-on
economic and employment impacts. More...
Notifiable Data Breaches report
OAIC: 28 February 2020
The report warns organisations about the risks associated with
storing sensitive personal information in email accounts.
More...
Administration of financial disclosure requirements
under the Commonwealth Electoral Act
The objective of this audit is to examine the
effectiveness of the Australian Electoral Commission's
(AEC's) management of financial disclosures required under Part
XX of the Commonwealth Electoral Act 1918, including the extent to
which the AEC is achieving accurate and complete financial
disclosures.
Due to table: June, 2020 Open for contribution.
More...
Australian government procurement contract reporting
update
Australian National Audit Office: 11 March 2020
This information report seeks to provide greater transparency on
procurement activity in the Australian public sector. The report is
presented in a variety of ways, including tables and figures,
publicly available data from public sector procurement activity
recorded in AusTender. More...
Cases
Nolan v Commissioner of Police
[2020] NSWCATAD 66
ADMINISTRATIVE LAW – Freedom of Information
Government Information (Public Access) Act – GIPA –
sufficiency of search – scope of access request
Gebrehiwot v McCutcheon [2020] VSC
109
JUDICIAL REVIEW AND APPEALS – appeal from
Magistrates' Court pursuant to s 272(1) of Criminal Procedure
Act 2009 (Vic) – decision of Fines Victoria to cancel
enforcement of an infringement notice following review –
written notice of cancellation served on Victoria police –
decision of Victoria Police to commence proceedings – whether
proceedings commenced within applicable time limit under ss 38 and
39 of the Fines Reform Act 2014 (Vic) – appellant's
construction gives no practical effect to s 39 – proceeding
commenced within time – appeal dismissed – R v
A2 [2019] HCA 35; (2019) 93 ALJR 1106; Project Blue Sky
Inc v Australian Broadcasting Authority (1998) 194 CLR 355
applied.
Legislation
Commonwealth
Statute Update (Regulations References) Bill
2020
Finally passed both Houses 27/02/2020 - Amends 10 Acts to:
replace references to specific provisions of regulations with more
general means of identifying the provisions, so that the correct
links between the contents of regulations and Acts will remain even
if the regulations are remade, renamed or renumbered; and make
consequential amendments.
Victoria
Bills
Passed the Assembly (will now go to the Council) – 24
February 2020
Justice Legislation Miscellaneous Amendments Bill 2019
Passed Parliament (will now go to the Governor for royal assent)
– 24 February 2020
Gender Equality Bill 2019
Sentencing Amendment (Emergency Worker Harm) Bill 2020
Date of second reading speech: 4 March 2020
Changes sentencing guidelines for offences committed against
emergency service workers, and requires all offences committed
against emergency service workers that have a statutory minimum
sentence to be determined by the County Court or Supreme Court (not
the Magistrates' Court)
Passed the Assembly (will now go to the Council) - 03
March 2020
Crimes Amendment (Manslaughter and Related Offences) Bill
2020
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.