In the media
High Court case to defend laws that protect safe access
to abortion clinics
Laws that protect the dignity, safety and privacy of women
seeking reproductive healthcare should be upheld, the Human Rights
Law Centre has argued in submissions accepted by the High Court (31
August 2018).
More...
Tougher sentences for historical child sex crime
Any paedophile sentenced for historical child sexual abuse
offences will be dealt with according to tougher contemporary
sentencing standards. Institutions are also on notice to protect
children from abuse, with the commencement of two new offences that
put children's safety first (31 August 2018).
More...
Mark Latham's 'extraordinary' defence in
Osman Faruqi defamation case struck out
Mark Latham's defence against a defamation action
brought by ABC online editor Osman Faruqi has been struck out in
its entirety by a federal court judge, who labelled the 76-page
document "extraordinary" (30 August 2018).
More...
Most domestic violence offenders do not specialise in
domestic violence
Domestic violence (DV) offenders commit
almost 2.5 times as many non-DV offences as DV offences a new study
by the NSW Bureau of Crime Statistics and Research
(BOCSAR) has found. The study examined all 100,668
offenders convicted of a DV offence in a NSW court between 2008 and
2017 (30 August 2018).
More...
More...
New gambling ad rules kick in for online content service
providers
The Australian Communications and Media Authority has
approved new
rules restricting gambling advertising during live sport
streamed online. This brings online services in line with
television and radio broadcasting services. It creates a safe zone
for children and families to watch live sport across a variety of
platforms (29 August 2018).
More...
Land and Environment Court says Colo property illegally
cleared by fringe Islamic group
Two men who claimed their Islamic-influenced group was not
subject to Australian law because it was a "basic religious
charity" have been found to have illegally cleared a rural
property north-west of Sydney by the NSW Land and Environment court
(27 August 2018).
More...
Law Council launches landmark Justice Project Final
report
The Law Council officially launched the Justice
Project's Final Report with a call for the urgent
implementation of Justice Impact Tests among the 59 recommendations
(24 August 2018).
More... More...
National Human Trafficking and Slavery Roundtable
The Law Council had a seat at the roundtable where
Business and Human Rights committee member, Vanessa Zimmerman,
provided an update on the launch of the Justice Project that
includes a chapter on people who have been trafficked and
exploited. Ms Zimmerman also provided the roundtable with the Law
Council's views to include compensation for victims of modern
slavery (24 August 2018).
More...
Justice Project Final Report released: 'Justice
Impact Tests' among landmark recommendations
Justice Impact Tests, which would consider the downstream
impact on the justice system of new laws and policies, are among
the 59 recommendations in the Law Council's Justice Project
Final Report released at Australian Parliament House (23 August
2018).
More...
Melbourne student health records posted online in
'appalling' privacy breach
The Victoria Education Minister, James Merlino, says his
department will launch an inquiry into the breach of hundreds of
student health records. The personal records of hundreds of
Melbourne high school students have been mistakenly published,
sparking an investigation into an "appalling" privacy
breach (22 August 2018).
More...
Right to Information Day 2018 – Build trust with
transparency
Right to Information Day (RTID) is on 28
September 2018. Celebrated annually and recognised internationally
as Right to Know Day, Queensland marks this occasion by
acknowledging the contribution of the Right to Information Act
2009 (Qld) to facilitating greater and easier access to
government-held information (21 August 2018).
More...
Laws to criminalise revenge porn
Attorney-General and Minister for Justice Yvette D'Ath
will introduce the Criminal Code (Non-consensual Sharing of
Intimate Images) Amendment Bill 2018, which would make revenge
porn a criminal offence in Queensland (20 August 2018).
More...
CCC welcomes initial results from the special Global
Corruption Barometer survey (2018)
The Crime and Corruption Commission (CCC)
welcomes the first release of data from the special Global
Corruption Barometer survey (2018) released by Griffith University
and Transparency International Australia (20 August 2018).
More...
Faith in Australian governments falls amid corruption
concerns
Trust and confidence in all levels of Australian
government is continuing to slide as calls intensify for the
establishment of a national anti-corruption agency (20 August
2018).
More...
In practice and courts
High Court Bulletin
High Court of Australia Bulletin [2018] HCAB 06 (23 August
2018)
AAT Corporate Plan 2018-19
The AAT's Corporate Plan 2018–19 is available
here.
AAT Bulletins 2018
Issue No. 33/2018, 27 August 2018
Issue No. 32/2018, 20 August 2018
Attorney-General Reviews
Legal assistance review
In 2018, separate and concurrent reviews will be undertaken of the
National Partnership Agreement on Legal Assistance Services
2015-2020 (NPA) and the
Indigenous Legal Assistance Program (ILAP).
The reviews will assess the effectiveness, efficiency and
appropriateness of the NPA and the ILAP as mechanisms for achieving
their respective objectives and outcomes within available
resources, and identify best practice and opportunities for
improvement. Submissions close on 28 September 2018.
Reminder: Australian Digital Health Agency three month
"opt-out period" for My Health
Record
As
announced by the Australian Digital Health Agency, every
Australian will be offered a My Health Record unless they choose
not to have one during the three-month opt out period which has
been extended to 15 November 2018. A national communications
strategy will be implemented to explain the opt-out process. During
the opt out period individuals who do not want a record will be
able to opt out by visiting the My Health Record
website.
Law Council of Australia Update
The Law Council produces a fortnightly newsletter which
highlights the Law Council's important activities and advocacy,
along with any relevant media and events stakeholders would be
interested in.
More...
Release of LCA Justice Project Final Report
The Law Council of Australia released the Justice Project
Final Report. This is the culmination of a national, comprehensive
review into the state of access to justice in Australia for people
experiencing significant disadvantage. It is one of the most
extensive reviews of its type in 40 years. The Final Report
contains 59 constructive recommendations which can be accessed here.
ABA Submissions
ALRC Inquiry into Class Action Proceedings and Third-Party
Litigation Funders 24 August 2018.
Queensland
Practice directions
The Chief Justice of the Supreme Court of Queensland has
issued the following practice directions:
Practice Direction 18 of 2018 – Efficient conduct of
civil litigation
OIC Queensland Submission - New Australian Government
Data Sharing and Release Legislation
Opening up government data is consistent with, and an
important part of, Queensland's right to information 'push
model'. OIC supports strategies and initiatives, such as Open
Data, that maximise disclosure of government-held information to
the community and provide appropriate protections for the
community's personal information.
More...
Court rules amendments: e-filing and changes to scales
of costs
On 24 August 2018 the Uniform Civil Procedure Rules
1999 and the Criminal Practice Rules 1999 were
amended by the
Uniform Civil Procedure Rules and Other Legislation Amendment and
Repeal Regulation (No.1) 2018.
More...
Family Law Amendment (Family Violence and Other
Measures) Bill 2018
The
Family Law Amendment (Family Violence and Other Measures) Bill
2018 passed on 22 August. This legislation expands the family
law jurisdiction of state and territory courts, including
children's courts and allows courts of summary jurisdiction to
hear family law property matters with an increased total property
value, to be prescribed in regulation.
QLRC: Civil surveillance and privacy review; Workplace
surveillance review
Employers use optical surveillance, data monitoring and
tracking devices for a number of legitimate reasons, including to
ensure employee health and safety, protect property from theft and
damage, prevent fraud and monitor employee performance. The terms
of reference can be found here and the QLRC will report
back by 1 July 2019 (civil surveillance) and by 30 June 2020
(workplace surveillance).
QAO Consultation: Coronial services
The objective of this audit is to assess whether agencies
are effective and efficient in supporting the coroner to
investigate and help prevent deaths, from July-September 2018. More...
Published - articles, papers, reports
Operational Efficiency of the Australian Commission for
Law Enforcement Integrity
ANAO: 28 August 2018
The objective of this audit was to examine the efficiency of
the Australian Commission for Law Enforcement Integrity
(ACLEI) in detecting, investigating and preventing
corrupt conduct.
More...
Rising inequality? A stocktake of the evidence:
Commission research paper
This research paper was released on 28 August 2018 and its
purpose is to contribute to an informed discussion in Australia by
bringing together and taking stock of the latest and most complete
evidence measuring the prevalence of, and trends in, inequality,
economic mobility and disadvantage across Australian society. More...
Justice Project's Final Report
Law Council of Australia: 24 August 2018
Focusing on 13 priority groups identified as facing
significant social and economic disadvantage, the final report
shines a light on justice issues for these groups by uncovering
systemic flaws and identifying service gaps. It also highlights
what is working well and why. More...
Gender Equality Bill exposure draft: discussion
paper
Department of Health and Human Services (Vic): 21
August 2018)
The Victorian Gender Equality Bill, an Australian first, aims
to ensure that the public sector takes active steps to promote
gender equality. This paper sets out the key reforms proposed by
the Bill. More...
Administration of the Data Retention Industry Grants
Program
ANAO: 21 August 2018
The audit objective was to assess the effectiveness of the
Attorney-General's Department's design of the Data
Retention Industry Grants program, including performance
monitoring, reporting, evaluation and assurance arrangements.
More...
Cases
Hutchinson v Comcare [2018] FCA
1235
ADMINISTRATIVE LAW – application for judicial review
under Administrative Decisions (Judicial Review) Act 1977
(Cth) of decision of Comcare – where Comcare conceded its
decision was affected by legal error – where Comcare conceded
rules of natural justice breached – decision set aside and
referred back to decision-maker to be dealt with according to law
– where costs in dispute – where applicant
self-represented – no costs order made.
Carlon v Roads and Maritime Services
[2018] NSWCATOD 140
ADMINISTRATIVE LAW - merits review – bus
service operator – accreditation – safety critical
components – public passenger vehicle maintenance plan -
manufacturer standards – maintenance and repair.
Stanton v Queensland Building and Construction
Commission [2018] QCAT
271
ADMINISTRATIVE LAW – ADMINISTRATIVE TRIBUNALS
– QUEENSLAND CIVIL AND ADMINISTRATIVE TRIBUNAL –
General Administrative Review – application by building
contractor to review a decision by the Queensland Building and
Construction Commission (QBCC) to allow a claim by
building owner – whether the building owner validly
terminated a building contract – where the building
contractor also purported to terminate the contract – the
rights of the building contractor and the building owner under
contract and at law – where the tribunal reviews the decision
of the QBCC about valid termination of the contract by the building
owner and allowing a claim under the statutory scheme in favour of
the building owner.
Legislation
Commonwealth
Regulation
User
Rights Amendment (Home Care Pricing) Principles 2018
No longer in force - This instrument requires approved
providers of home care to provide the Secretary of the Department
of Health written notice of their pricing information for the
purpose of publication and to improve the transparency of home care
pricing information for home care recipients (29 August 2018).
Broadcasting
Services (Online Content Service Provider Rules) 2018
This instrument makes rules that apply to online content
services that provide coverage of live sporting events (29 August
2018).
Bills
Office
of National Intelligence Bill 2018
The Office of National Intelligence Bill 2018 (the
Bill) implements the recommendation of the 2017
Independent Intelligence Review (the Review), as
endorsed by Government, to establish an Office of National
Intelligence (ONI) as an independent statutory
agency within the Prime Minister's portfolio reporting directly
to the Prime Minister. The Review recommended that the role,
functions and staff of the Office of National Assessments
(ONA) be subsumed into ONI (28 August 2018).
Australian
Multicultural Bill 2018
The Bill establishes a federal multicultural commission,
(to be named the Australian Multicultural Commission), which will
provide advice to the Minister on issues pertinent to multicultural
communities, acts as a single coordination point for integrated
responses to community issues, undertakes wide ranging
consultations with various bodies and develops and maintains
relationships between community organisations (24 August 2018).
Federal
Circuit and Family Court of Australia (Consequential Amendments and
Transitional Provisions) Bill 2018
The Federal Circuit and Family Court of Australia
(Consequential Amendments and Transitional Provisions) Bill 2018
(the Bill) makes consequential amendments and
provides transitional provisions necessary to support the Federal
Circuit and Family Court of Australia Bill 2018 (the FCFC
Bill) (24 August 2018).
Federal
Circuit and Family Court of Australia Bill
2018
The Federal Circuit and Family Court of Australia Bill
2018 (the Bill) would bring the Federal Circuit
Court of Australia (the Federal Circuit Court) and
the Family Court of Australia (the Family Court)
together into an overarching, unified administrative structure to
be known as the Federal Circuit and Family Court of Australia
(FCFC) (23 August 2018).
Freedom
of Information Legislation Amendment (Improving Access and
Transparency) Bill 2018
The purpose of this Bill is to introduce measures that
make government more transparent and accountable, and assist
citizens and the media to access information under the law. The
Bill amends the Archives Act 1983, the Australian
Information Commissioner Act 2010, and the Freedom of
Information Act 1982.
My Health Records Amendment (Strengthening Privacy) Bill
2018
House of Representatives Second reading moved 22 August
2018
The My Health Records Amendment (Strengthening Privacy) Bill 2018
will amend the My Health Records Act 2012 (MHR
Act) to strengthen the privacy framework of the My Health
Record system.
Acts Compilation
Crimes
Legislation Amendment (Powers, Offences and Other Measures) Act
2018
Act No. 75 of 2018 as made – An Act to amend legislation
relating to the criminal law and law enforcement.
Counter-Terrorism
Legislation Amendment Act (No. 1) 2018
Act No. 74 of 2018 as made - An Act to amend various Acts relating
to counter-terrorism, including the Administrative Decisions
(Judicial Review) Act 1977
Queensland
Bills Updated in the last week
Local Government (Dissolution of Ipswich City Council) Bill
2018
Stage reached: PASSED on 21/08/2018 Assent Date: 22/08/2018 Act No:
14 of 2018
Commences: by Proclamation
Termination of Pregnancy Bill 2018
Stage reached: Referred to Committee on 22/08/2018
Criminal Code (Non-consensual Sharing of Intimate Images) Amendment
Bill 2018
Stage reached: Referred to Committee on 22/08/2018
Subordinate legislation as made
No 122
Proclamation—Local Government (Dissolution of Ipswich City
Council) Act 2018 (commencing remaining provisions) 22 August
2018
No 127
Uniform Civil Procedure Rules and Other Legislation Amendment and
Repeal Regulation (No. 1) 2018 24 August 2018
No 128
Uniform Civil Procedure (Subpoenas) Amendment Rule 2018 24
August 2018
The Uniform Civil Procedure (Subpoenas) Amendment Rule 2018
harmonises chapter 11, part 4 of the Uniform Civil Procedure Rules
1999 with part 24 of the Federal Court Rules 2011 (Cth)
relating to subpoenas.
No 132
Recording of Evidence Regulation 2018 31 August 2018
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.