In the media
Over 200 organisations outline human rights concerns at
outset of COVID crisis
More than 200 not-for-profit and community
organisations have backed a major report calling on the Australian
Government to strengthen its commitment to human rights in its
laws, policies and practices (09 April 2020).
More...
Tyrrell detective sentenced over illegal recordings of
person of interest
Former NSW detective Gary Jubelin is fined $2,500
for each of his four counts in relation to recording person of
interest Paul Savage on a mobile phone in 2017 and 2018 (08 April
2020).
More...
LCA: Comments on the High Court judgment Pell v The
Queen, from the Law Council of Australia President, Ms Pauline
Wright
The High Court is the ultimate decision-maker
within our judicial system in Australia and its job is to
impartially scrutinise decisions made in lower courts to determine
whether the law has been properly applied. In criminal trials, the
prosecution bears the burden of proof and must prove every element
of their case to the jury beyond a reasonable doubt (08 April
2020).
More...
Parliamentary scrutiny of Federal Government's
COVID-19 response vital for democracy
The Human Rights Law Centre welcomed the
Senate's vote today to establish a cross-party Senate Select
Committee to provide democratic oversight and scrutiny of the
Morrison Government's response to the COVID-19 public health
emergency (08 April 2020).
More...
Greater transparency needed around Federal
Government's new COVID 19 phone app
Human rights and privacy experts have called on
Federal Health Minister Greg Hunt to explain privacy and
surveillance issues arising from the Federal Government's
recently launched Coronavirus Australia app (08 April 2020).
More...
Online safety guide for women and young
girls
A new digital toolkit designed to educate and
empower young women and girls to stay safe online is now live,
Minister for Women Bronnie Taylor announced today (04 April 2020).
More...
NSW justice system overhaul a 'clear casualty'
of COVID-19
The COVID-19 Legislation Amendment (Emergency
Measures) Act 2020 sparks fears that domestic violence victims may
slip through the cracks (01 April 2020).
More...
Practice and courts
OAIC: COVID-19 Privacy Guidance
The OAIC has released privacy
guidance for agencies and private sector employers to help keep
workplaces safe and handle personal information appropriately as
part of the COVID-19 response. This includes answers to
frequently asked questions. We've also issued
detailed advice to help regulated entities assess the privacy
risks involved in changed working environments (08 April 2020). More...
OAIC: COVID-19 response from Australian privacy
regulators
As entities move fast to find solutions to public
health and economic problems, Privacy Commissioners and Ombudsmen
reiterate the value of conducting
short-form Privacy Impact Assessments to help ensure personal
information is handled in a way that is necessary, reasonable and
proportionate (27 March 2020).
NSW
COVID - 19: Information for Attending Court –
April 2020
The New South Wales Bar Association's
consolidated guide to COVID-19-related court arrangements has
again been updated in terms of recent developments and
includes:
Amendment No 93 to the Uniform Civil Procedure Rules, which
takes effect today and includes changes regarding deeming of
judgments as entered in certain circumstances and the assignment of
certain matters commenced under the Public Works and Procurement
Act 1912 to the Commercial List in the Equity Division of the
Supreme Court
Amendment No 433 to the Supreme Court Rules which takes effect
today and includes changes regarding filing of bail applications
and the new email address for applications to the Supreme Court
under the Service and Execution of Process Act 1982 (Cth)
Update to the Profession from the Chief Justice of the Family
Court of Australia and Chief Judge of the Federal Circuit
Court
Local Court of NSW – Reissued and updated
Chief Magistrate's Memorandum (No.4) EAGP COVID-19 and
Chief Magistrate's Memorandum (No.9) - Updated and Consolidated
Listing Adjustments, which extends existing arrangements in
relation to defended hearings and consolidates and clarifies those
arrangements previously published in separate memoranda.
NCAT: Consumer and Commercial Division matters to be
notified via email
Parties in NCAT's Consumer Commercial
Division may have noticed that email has been set as the preferred
address for communication from the Tribunal. Parties can update
edit or update an email address previously provided to NCAT using
eServices (30 March 2020).
More...
Consultations
The NSW Government is seeking submissions on
potential reforms to allow NSW courts to set aside historical
settlement agreements for child abuse. Submissions close on 15
April 2020.
More...
Published - articles, papers, reports
Australia's children
AIHW: 03 April 2020
This report brings together a range of data on children's
wellbeing and their experiences at home, school and in the
community. Highlights are presented in
Australia's children: in brief.
More...
Bilateral Agreement Arrangements Between Services
Australia and Other Entities
ANAO: 02 April 2020
The objective of this audit was to examine the effectiveness of
bilateral agreement arrangements between Services Australia and
other entities.
More...
Recommendations on privacy and data protection in the
fight against COVID-19
Estelle Massé; Access Now: 31 March
2020
In this paper, the authors provide privacy and data protection
recommendations for governments to fight against COVID-19 in a
rights-respecting manner. More...
Cases
Pell v The Queen [2020] HCA
12
Special leave to appeal granted.
Appeal treated as instituted and heard instanter and allowed.
CRIMINAL LAW – Sexual offences against children –
Appeal against conviction by jury on ground that verdict
unreasonable or cannot be supported having regard to whole of
evidence – Where prosecution case wholly dependent upon
acceptance of truthfulness and reliability of complainant's
account – Where jury assessed complainant's evidence as
credible and reliable – Where witnesses gave unchallenged
evidence of specific recollections, practices and routines
inconsistent with acceptance of complainant's account
("unchallenged inconsistent evidence") – Where
Court of Appeal required to take into account forensic disadvantage
experienced by applicant – Whether prosecution negatived
reasonable possibility that applicant did not commit offences
– Whether Court of Appeal required applicant to establish
offending impossible to raise reasonable doubt – Whether
unchallenged inconsistent evidence required jury, acting
rationally, to have entertained doubt as to applicant's
guilt.
CRIMINAL PRACTICE – Appeal – Video evidence –
Where evidence of complainant and other witnesses recorded –
Where Court of Appeal viewed recorded witness testimony –
Whether proper discharge of appellate court's function
necessitated review of recorded witness testimony
WORDS AND PHRASES – "beyond reasonable doubt",
"compounding improbabilities", "credibility and
reliability", "function of the appellate court",
"function of the jury", "impossibility",
"improbability of events", "invariable
practice", "jury's advantage in seeing and hearing
the witnesses", "negatived the reasonable
possibility", "opportunity witnesses",
"realistic opportunity for the offending to have
occurred", "religious ritual", "routines and
practices", "significant forensic disadvantage",
"significant possibility that an innocent person has been
convicted", "solid obstacles to conviction",
"standard and burden of proof", "unchallenged
evidence", "uncorroborated", "video-recordings
of the witnesses at trial".
Crimes Act 1958 (Vic), ss 45(1), 47(1); Criminal Procedure Act 2009
(Vic), ss 276(1)(a), 378, 379(b)(i). Judiciary Act 1903 (Cth), s
37. Jury Directions Act 2015 (Vic), ss 4A, 39.
Department of Education v Zonnevylle
[2020] NSWCATAD 96
ADMINISTRATIVE LAW – FOI – access
applications -application for restraint order under section 110
– exercise of discretion - held conduct of person making
applications justified the making of a restraint order-order
made.
Choi v Commissioner of Police, NSW Police
Force [2020] NSWCATAD 95
ADMINISTRATIVE LAW – Freedom of Information
– Government Information Public Access – access
application – determination without a hearing – role of
agency in proceedings and in choosing its witnesses –
decision that information not held -whether searches were
reasonable – whether disclosure of information could
reasonably be expected to prejudice the supply to an agency of
confidential information that facilitates the effective exercise of
that agency's functions – whether disclosure of
information could reasonably be expected to prejudice the effective
exercise by an agency of the agency's functions
EGR v Commissioner of Police, NSW Police
Force [2020] NSWCATAD 94
ADMINISTRATIVE REVIEW - government
information - judicial and prosecutorial functions - excluded
information - conclusive presumption - overriding public interest -
personal factors - balancing of public interests
Hotait v Commissioner for Fair Trading, Department of
Finance, Services and Innovation [2020]
NSWCATOD 36
ADMINISTRATIVE LAW - administrative review of
decision to refuse the applicant's application for a contractor
licence in the category of general building work under the Home
Building Act 1989 (NSW) – applicant a director of an
externally-administered company - whether there is no evident risk
that future work would not be completed - whether applicant took
all reasonable steps to avoid external administration
Mawas v Commissioner of Corrective Services New South
Wales [2020] NSWSC 319
ADMINISTRATIVE LAW – judicial review
– s 69 of the Supreme Court Act 1970 – no leave
required to institute – leave to bring proceedings out of
time – inflexible application of policy – pre-release
leave – exceptional circumstances – reasons for
decision – further amended summons dismissed – costs
reserved
Legislation
NSW
Regulations and other miscellaneous
instruments
Administrative
Arrangements (Administration of Acts—Amendment No 2) Order
2020 (2020-136) — published LW 6 April 2020
Administrative
Arrangements (Administrative Changes—Resilience NSW) Order
2020 (2020-137) — published LW 6 April 2020
Liquor
Amendment (Waiver of Fees) Regulation 2020 (2020-138) —
published LW 8 April 2020
Public
Health Amendment (COVID-19 Spitting and Coughing) Regulation
2020 (2020-145) — published LW 9 April 2020
Supreme
Court (Amendment No 433) Rule 2020 (2020-139) — published
LW 9 April 2020
Uniform
Civil Procedure (Amendment No 93) Rule 2020 (2020-140) —
published LW 9 April 2020
Crimes
(Administration of Sentences) Amendment (COVID-19) Regulation
2020 (2020-123) — published LW 3 April 2020
Evidence
(Audio and Audio Visual Links) Amendment (Emergency
Measures—COVID-19) Regulation 2020 (2020-125) —
published LW 3 April 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.