In the media
'Get a VPN' as metadata retention scheme
deadline arrives, experts say
Today was the deadline for internet providers to be compliant with
Australia's metadata retention scheme. If you don't want
the Government to be able to see your online activity, then you
better get a virtual private network, digital rights advocates say
(13 April 2017).
More...
Queensland leads the way to tackle domestic & family
violence
Queensland's Department of Communities, Child Safety and
Disability Services has been recognised as a national leader in
preventing and responding to violence against women in the
workplace (13 April 2017).
More...
Queensland 2011 flood victims to mediate with
Government
The Queensland Government and managers of the state's dams are
ordered by the New South Wales Supreme Court to meet with lawyers
for 2011 flood victims to try and settle a class action and avoid a
lengthy trial (13 April 2017).
More...
Productivity Commission report: Consumer Law Enforcement
and Administration
The Government has today welcomed the Productivity
Commission's report into Consumer Law Enforcement and
Administration. The report makes four recommendations and 12
findings, and notes the complexities and challenges of having 10
regulators administer and enforce one law across the country"
(12 April 2017).
More...
Victorian Ombudsman calls for apology law
reform
The Victorian Government should consider amending the law to allow
public agencies to apologise for mistakes without fear of legal
repercussions, according to a new report by the Victorian
Ombudsman. Victorian Ombudsman Deborah Glass said that simply
saying sorry was often the most effective way councils, government
departments or similar bodies can resolve a dispute with a member
of the public (10 April 2017).
More...
IBAC investigation uncovers corruption of procurement
processes at women's prison
An investigation by Victoria's anti-corruption commission,
IBAC, reveals a former public sector manager abused his position at
a Victorian women's prison by helping his son win $1.56 million
in contracts over a five year period (10 April 2017).
More...
'Devious' bureaucrat sentenced to jail over
sophisticated scam
A former public servant has been sentenced to eight years'
jail over a sophisticated fraud ring in Victoria's public
transport sector (06 April 2017).
More...
New rules streamline researchers' access to
anonymised phone number information
From April 2017, the changes are intended to allow more efficient
access to limited IPND information by researchers, subject to
requirements such as completing a privacy impact statement (05
April 2017).
More...
In practice and courts – Queensland
OAIC: Independent review of the Privacy (Credit
Reporting) Code 2014
In April 2017, the Australian Information and Privacy Commissioner
will tender for an independent review of the
Privacy (Credit Reporting) Code 2014 (the CR Code).
This review is an opportunity to explore how the CR Code, which
commenced on 12 March 2014, is operating in practice (07 April
2017).
More...
OAIC: Mandatory data breach notification
To support businesses and agencies in getting ready for the
Notifiable Data Breaches scheme, the OAIC is developing guidance
and organising events to help organisations understand their
obligations and be prepared for commencement in 2018. The
OAIC's Notifiable Data
Breaches webpage provides more details, including how to keep
informed of future consultation events (07 April 2017).
More...
Inquiry into the New Bill for Protecting Vulnerable
Employees
An inquiry into the Fair Work Amendment (Protecting Vulnerable
Workers) Bill 2017 (Cth) (the Bill) was presented to the
Senate Education and Employment Legislation Committee (the
Committee) on 12 April 2017. More...
Commonwealth Consultations
13 April 2017 - Closing date for submission to the AGD
for its review of the Statutory Declarations Regulations 1993
(Cth).
October 2017 - Closing date for comments to the FCA on
the General Practice Notes.
More...
In practice and courts – Victoria
Review of the state's suppression order
laws
The review will consider what might be an appropriate balance
between preserving the privacy of a person on a post-sentence
supervision order and the public's right to know the details of
those proceedings. Submissions to the review will close on 10 May
2017. Members of the public, media organisations and interested
parties are invited to make submissions by visiting: Open
courts act review.
Coronial Council Appeals Review
The Coronial Council of Victoria is conducting a review of the
provisions under the Coroners Act 2008 that allow for appeals and
the re-opening of investigations, to ensure laws are working
appropriately. Submissions close 26 May 2017. The Coronial Council
will consider whether any changes are needed and will report back
to the Attorney-General by 1 November 2017. More...
In practice and courts – New South Wales
NSW IPC Bulletin April 2017
In this issue: Access to audio visual information under the GIPA
Act; Development of national metrics under the Open Government
Partnership National Action Plan; Quick Guide to Your GIPA Act
Responsibilities.
More...
Local Court Bench Book Update 123
published
Update 123 to the Local Court Bench Book has amended the
Mental Health chapter (04 April 2017).
More...
In practice and courts – Queensland
Queensland Parliamentary Inquiry - State Penalties Enforcement Amendment Bill 2017 The Bill has been referred to the Parliamentary Finance and Administration Committee for inquiry and report by 28 April 2017. More...
Queensland Sentencing Council: Classification of child
exploitation material for sentencing purposes
Consultation into the review of the classification of child
exploitation material for sentencing purposes has now closed. The
final report is due to the Attorney-General on 31 May 2017 (11
April 2017).
More...
CCC: Corruption prevention advisories
This advice highlights the risks and offences connected with
lobbying within a public authority. It covers legislative
requirements, risk factors, corruption offences and strategies to
prevent corruption (05 April 2017).
More...
Published – articles, papers, reports
Access to telecommunications data in civil
proceedings
On 13 April 2017, the Government tabled a report in Parliament
outlining the outcomes of a review of the restriction on civil
litigant access to telecommunications data retained under the data
retention scheme. The review concluded that sufficient evidence had
not been received to sustain a recommendation that regulations be
made to allow civil litigants to access the data.
More...
Oversight and regulatory mechanisms aimed at protecting
children from sexual abuse: understanding current evidence of
efficacy
Royal Commission into Institutional Responses to Child Sexual
Abuse; Ben Mathews: 10 April 2017
This report assesses the efficacy of oversight bodies in
protecting children from sexual abuse, focusing on institutional
contexts.
More...
Apologies report
Victorian Ombudsman: tabled in Parliament 11 April
2017
The report recommends that the Victorian Government consider
amending Part IIC of the Wrongs Act 1958.
More...
Cases
'LE' and Department of the Environment and Energy
(Freedom of information) [2017] AICmr 36
Freedom of Information — Access grant — Whether
disclosure of personal information is unreasonable — Whether
contrary to public interest to release conditionally exempt
documents — (CTH) Freedom of Information Act 1982 ss
11A(5), 47F.
William Yabsley and Australia Post (Freedom of
information) [2017] AICmr 35
Freedom of Information — Whether reasonable steps taken to
locate documents — (CTH) Freedom of Information Act
1982 s 24A.
John Mullen and Aged Care Complaints Commissioner (Freedom
of information) [2017] AICmr 34
Freedom of Information —Documents to which secrecy
provisions of enactments apply — Whether reasonable steps
taken to find document — Form of access — Freedom
of Information Act 1982 ss 20, 24A, 38.
Community and Public Sector Union and Department of Health
(Freedom of information) [2017] AICmr 33
Freedom of Information — Whether disclosure of documents
would prejudice lawful investigative methods or procedures —
Whether documents contain deliberative matter prepared for a
deliberative process — Whether contrary to public interest to
release conditionally exempt documents — (CTH) Freedom of
Information Act 1982 ss 11A(5), 37(2)(b), 47C.
'LD' and Department of Defence (Freedom of
information) [2017] AICmr 32
Freedom of Information — Whether disclosure would cause
damage to the security of the Commonwealth — (CTH)
Freedom of Information Act 1982 s 33(a)(i).
'LC' and Australia Post (Freedom of information)
[2017] AICmr 31
Freedom of Information — Whether disclosure would have a
substantial adverse effect on management or assessment of personnel
— Whether contrary to public interest to release
conditionally exempt documents — (CTH) Freedom of
Information Act 1982 ss 11A(5), 47E(c).
Chalker v Murrays Australia Pty Ltd [2017]
NSWCATAD 112
HUMAN RIGHTS – DIRECT DISCRIMINATION complaint of disability
discrimination in employment – where applicant for position
of bus driver disclosed that he has borderline personality disorder
–prospective employer refuses to employ applicant when the
recommendation from an independent medical practitioner was to
undertake further evaluation by an independent psychiatrist –
where no further investigation undertaken – where applicant
was said to be argumentative and difficult –consideration of
circumstances for purposes of comparison with an applicant without
that disability.
Turner v NSW Health Pathology, Forensic &
Analytical Science Service [2017] NSWCATAD
114
ADMINISTRATIVE REVIEW - Government Information – validity of
access application - reasonableness of searches – access to
personal information - public interest considerations in favour of
disclosure – public interest considerations against
disclosure – personal information – balancing exercise
– inconsistencies - allegations of impropriety and
unlawfulness - request for referral to Minister –
jurisdiction.
Monastirski v Independent Liquor & Gaming
Authority [2017] NSWCATAD 115
ADMINISTRATIVE REVIEW – long-term banning orders from
attending high risk venues in the Kings Cross and Sydney CBD
Entertainment precincts – interpretation of sections 116AE
and 116G of the Liquor Act 2007 (NSW)– protective
and punitive purposes - considerations to be taken into account
– – period of banning.
Victorian WorkCover Authority v Roska Nedelkovska [2017]
VSC 186
ADMINISTRATIVE LAW — Judicial review — Decision of
magistrate to refuse to refer certain documents to a medical panel
pursuant to s 304(b) of the Workplace Injury Rehabilitation and
Compensation Act 2013 — Whether certiorari should be
granted — Certiorari granted and the decision of the
magistrate quashed.
Re Day [No 2] [2017] HCA 14
Constitutional law – Parliamentary elections (Cth) –
Senate – Reference to Court of Disputed Returns – Where
person elected and re-elected as senator – Where person stood
to gain financially from Commonwealth paying rent under lease of
person's electorate office – Where person's bank
account nominated by lessor as bank account for payment of rent by
Commonwealth – Where payment of rent reduced person's
contingent liability as guarantor under loan facilities –
Where person had prospect of receiving distribution of rent
proceeds as beneficiary of discretionary trust – Whether
person had indirect pecuniary interest in lease agreement with
Commonwealth – Whether person incapable of being chosen or of
sitting as senator under s 44(v) of Constitution – Whether
vacancy should be filled by special count of ballot papers –
Whether special count would distort voters' real intention.
Rus v Comcare (No 2) [2017] FCA 356
ADMINISTRATIVE LAW – scope of remittal – where the
Tribunal was found to have erred in law in relation to the only
issue it was required to determine – whether redetermination
by the Tribunal of that issue be made on evidence already adduced,
without further evidence – where the Tribunal's error of
law did not impact on the material findings of fact it made,
remittal made on the basis of no further evidence unless proper
cause be shown. Safety, Rehabilitation and Compensation Act
1988 (Cth) s 5.
SZVBT v Minister for Immigration and Border Protection
[2017] FCA 355
MIGRATION – challenge to decision of Refugee Review Tribunal
– adverse findings as to credit – findings not
irrational.
ADMINISTRATIVE LAW – adequacy of reasons – the value
of properly reasoned decisions – need for reasons to be
intelligible – intelligible to the persons to whom they are
directed – inadequacy of confused and confusing reasons
– absence of an interpreter at final hearing when otherwise
represented.
ADMINISTRATIVE LAW – jurisdictional error – confused
and confusing reasons. PRACTICE AND PROCEDURE – alleged
denial of procedural fairness by Federal Circuit Court –
failure to provide interpreter.
PRACTICE AND PROCEDURE – leave refused to raise new ground
of appeal – prejudice to opposing party.
Robbie v Strasburger Enterprises Pty Ltd t/as Quix Food
Stores & Ors [2017] NSWSC 363
ADMINISTRATIVE LAW – judicial review – decision of a
delegate of the Registrar of the Workers Compensation Commission
– construction of the Workers Compensation Guidelines –
proper use of the Combined Values Chart in AMA5 when combining
whole person impairment value for spinal injury involving
persisting radiculopathy with two modifiers for spinal
surgeries.
CVM v New South Wales Department of Education, Early
Childhood Education & Care Directorate [2017] NSWCATAD
108
ADMINISTRATIVE LAW – National Law - Education and care
services – objects and principles of National Law –
jurisdiction - service approval –- whether or not the service
has commenced ongoing operation – breach of condition -
cancellation or suspension.
Zonnevylle v Department of Education [2017]
NSWCATAD 101
ADMINISTRATIVE REVIEW - Government Information –
reasonableness of searches – reasonable searches –
public interest considerations in favour of disclosure –
public interest considerations against disclosure - prejudice to
effective exercise of agency functions - expose a person to a risk
of harm or of serious harassment or serious intimidation –
balancing exercise - allegations of misconduct - failed to exercise
in good faith - function conferred on officer – request for
referral to Minister – jurisdiction. PROCEDURAL FAIRNESS
– application for disqualification - actual bias -
apprehended bias.
DAB v Byron Shire Council [2017] NSWCATAD
104
ADMINISTRATIVE LAW – registration metered parking scheme
operated by Council in Broken Bay – Council collected licence
plate numbers at its parking meters – whether 'personal
information' – whether collected for a lawful purpose
directly related to an activity or function of the agency –
whether reasonable necessary for a parking scheme - whether
information collected by unlawful means – whether agency
informed motorists that information was being collected, its
purpose, or of the 'intended recipients of the information'
– whether agency informed motorists that information was
required by law or voluntary – whether agency informed
motorists of its name and address – whether agency did
everything reasonably within its power to prevent unauthorised
disclosure.
Legislation – Commonwealth
Regulations
Telecommunications (Service Provider — Identity Checks for Prepaid Mobile Carriage Services) Determination 2017 07/04/2017 - This instrument sets out the regulatory framework for the supply of prepaid mobile services by carriage service providers and repeals the Telecommunications (Service Provider – Identity Checks for Prepaid Mobile Carriage Services) Determination 2013.
Legislation – Victoria
Proclamations and Commencements
No. 17: Racing and Other Acts Amendment (Greyhound
Racing and Welfare Reform) Act 2016
Assent: 19/04/2016 SG (No. 101) 19/4/2016 p. 1 Commencement: Ss
1-10(1), 11-14, 17-20 on 04/05/2016: SG (No. 131) 3/5/2016 p. 1 Ss
10(2), 15, 16 on 10/04/2017: SG (No. 111) 4/4/2017 p. 1. Not yet in
operation: Ss 10(2), 15, 16: on 10/04/2017: SG (No. 111) 4/4/2017
p. 1.
No. 53: National Domestic Violence Order Scheme Act
2016
Commencement: Pts 1 (ss 1-3), 9 (ss 82-87) on 05/04/2017: SG (No.
111) 4/4/2017 p. 1. Not yet in operation: Ss 4-81, 88-128.
Statutory Rules made
No. 14: Supreme Court (Chapter I Recovery of Pro
Bono Costs Amendment) Rules 2017
Commencement: 01/04/2017: rule 3. Not yet in operation: Rules 1-4:
on 01/04/2017: rule 3. Sunset Date: 30/03/2027.
No. 15: Supreme Court (E-Filing Amendments) Rules
2017
Commencement: 18/04/2017: rule 3 Not yet in operation: Rules 1-27:
on 18/04/2017: rule 3. Sunset Date: 30/03/2027.
No. 17: Powers of Attorney Amendment Regulations
2017
Date of Making: 12/04/2017 Commencement: 01/05/2017: reg. 3
Not yet in operation: Regs 1-10: on 01/05/2017: reg. 3. Sunset
Date: 12/04/2027
No. 20: Children, Youth and Families (Children's
Court Family Division) Rules 2017
Date of Making: 12/04/2017 Commencement: 18/04/2017: rule 3. Not
yet in operation: Rules 1-10: on 18/04/2017: rule 3. Sunset Date:
12/04/2027.
Access Victorian legislation here www.legislation.vic.gov.au
Legislation – New South Wales
Regulations and other miscellaneous instruments
Administrative Arrangements (Administration of Acts—Amendment No 2) Order 2017 (2017-141) — published LW 13 April 2017.
Criminal Records Amendment (Historical Homosexual Offences) Regulation 2017 (2017-149) — published LW 13 April 2017.
Administrative Arrangements (Administrative Changes—Public Service Agencies) Amendment Order 2017 (2017-128) — published LW 7 April 2017.
Uniform Civil Procedure (Amendment No 84) Rule 2017 (2017-130) — published LW 7 April 2017.
Legislation – Queensland
Regulations to 13 April 2017
No 52
Criminal Practice (Fees) and Other Legislation Amendment
Regulation 2017
Coroners Act 2003; Justices Act 1886; Supreme Court of
Queensland Act 1991.
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.