In the media
Joint communiqué from Australia's
anti-corruption Commissioners
In line with the theme for this years International
Anti-Corruption Day was The Power of People's Pressure,
Commissioners of independent, anti-corruption and law enforcement
integrity agencies in Australia, collectively called on public
sector leaders to do more to build strong cultures of integrity
that resist corruption (07 December 2018).
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Encryption law falls short on rights safeguards
Human Rights Commissioner Edward Santow warns significant
threats to human rights remain despite some improvements to
Australia's encryption law (07 December 2018).
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New scheme to help people with their taxation
reviews
The Hon Justice Steward of the Federal Court, who is also
a Deputy President of the AAT, officially launched an initiative to
offer pro bono legal advice and support to eligible taxpayers who
are seeking an AAT review of a taxation matter (06 December 2018).
More...
APS Review heads towards 2030
The Independent Review of the Australian Public Service
(APS) has commissioned a consultant to look into
the future to assist it in determining what the APS will need to
deal with in the year 2030. The consultant's report can be
accessed
here (06 December 2018).
More...
All major criminal offences are falling or stable across
NSW
Crime across most of NSW has remained stable or fallen
over the last two years. Seven offences have trended down over the
last 24 months. The remaining ten offences were stable (05 December
2018).
More...
Lawyer X's conduct unethical and clear breach of
rules
The Law Council of Australia has expressed deep concern
about disclosures legal counsel acted as a police informer. Law
Council of Australia President said the disclosures reveal a clear
breach of legal professional. Rules and reinforced the need for
properly resourced oversight bodies to supervise the activities of
law enforcement (04 December 2018).
More...
National defamation reform moves ahead
The Hon Mark Speakman SC MP has issued a media release
detailing terms of reference approved by the Council of the
Attorneys-General (CAG) to guide the national
defamation reform process. The purpose of defamation law is to
balance freedom of speech with the right of individuals to protect
their reputations (04 December 2018).
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Free diary informs seniors of their legal rights
Scams, elder abuse, funerals and pensions are all covered
in a free diary aimed at keeping seniors informed of their legal
rights. Mr Speakman said the diary from Legal Aid NSW is full of
useful tips that will help seniors protect their rights and to keep
safe (04 December 2018).
More...
Landmark child sexual abuse laws in force
The NSW Liberals and Nationals Government has completed
one of the largest overhauls of child sexual abuse legislation,
with a range of tough new laws coming into force to increase child
protection, bring offenders to justice and deliver better outcomes
for survivors (01 December 2018).
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Appointments to the Administrative Appeals
Tribunal
The Attorney-General has announced 33 new appointments to
the AAT. All have been appointed as part-time members, allowing
them to be called upon by the AAT as needed to ensure the caseload
within the Migration and Refugee Division is appropriately managed
(30 November 2018).
More...
Modern Slavery Act a reality after years of
advocacy
Under the new laws, entities with an annual consolidated
revenue of more than $100 million will be required to report on
slavery risks in their supply chains. Law Council of Australia
President, Morry Bailes, congratulated the Australian Government,
and Parliament, for making a Modern Slavery Act a reality (29
November 2018).
More...
Digital transformation
The AAT is developing a range of new digital services to
improve accessibility. The AAT is committed to getting on board
with the transformation agenda by working towards vision of the
Digital Transformation Strategy, which is to deliver world-leading
digital services by 2025 (29 November 2018). More...
Senate urged to reject courts merger
The Law Council is urging the Senate to reject the Federal
Government's attempt to push a merger of the Federal Circuit
Court and the Family Court through Parliament, arguing it will not
alleviate the court system crisis affecting so many Australian
families (29 November 2018).
More...
New Modern Slavery law needs teeth to stop abuses
New laws to address forced labour in the supply chains of
Australian companies passed in Parliament, but human rights
advocates say they don't go far enough (29 November 2018).
More...
Amendments to Foreign Influence Transparency
Scheme
Amendments to the Foreign Influence Transparency Scheme
introduced into Parliament will ensure the scheme is fully
operational in time for the next federal election (28 November
2018).
More...
Passage of the Defence Amendment (Call out of The
Australian Defence Force) Bill 2018
The Government has passed legislation to enhance the
ability of the Australian Defence Force (ADF) to
support state and territory police in responding to incidents of
significant violence, including terrorism (27 November 2018).
More...
Strengthened charity advocacy laws pass after year of
consultation
The Human Rights Law Centre welcomes the passing of the
electoral funding bill, which, after consultation with charities
and not-for-profit organisations, is vastly different from the
initial flawed proposal that would have stifled vital public
advocacy by charities (27 November 2018).
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Tax Office gives evidence to Family Court
The Australian Taxation Office (ATO) is
to develop a new information-sharing system with the Family Court
of Australia to ensure separating women receive a better deal
accessing superannuation assets (26 November 2018).
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In practice and courts
New sittings times for Full Court sittings in the High
Court of Australia.
Having recently trial led an earlier starting time of
10:00am for Full Court sittings the Justices of the High Court have
adopted the earlier starting time as a permanent practice (03
December 2018).
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High Court Rules - Amendments to Second Schedule
The High Court have advised it has made amendments to the
High Court Rules 2004, amending Schedule 2, available
here. The explanatory statement is available
here. The Court has agreed to the recommendation of the
Committee for an increase of 2.1% to the solicitors' costs as
set out in Schedule 2 of the High Court Rules 2004, which is to
come into operation on 1 January 2019 and will apply in respect of
all work done and services performed by solicitors after 31
December 2018 (07 December 2018). More...
Australian Human Rights Commission refreshed guidelines
for the use of special measures under the Sex Discrimination Act
1984 (Cth).
Special measures are positive actions used to promote
equality for disadvantaged groups, which are permitted under the
Sex Discrimination Act. The Commission's guidelines
are intended to assist organisations and individuals to understand
and use the special measures provisions in the Sex
Discrimination Act. The guidelines can be accessed
here. (06 December 2018)
AAT: Time limits for applying for review in the
MRD
The Federal Court recently decided in
Brown v Minister for Home Affairs (No. 2) [2018] FCA
1787 that the Migration and Refugee Division
(MRD) has the power to extend the time limits for
applying for review. Prior to this judgment, it was understood that
the AAT could not accept MRD applications made outside of time
limits (03 December 2018).
More...
AAT Bulletins 2018
Issue No. 47/2018, 3 December 2018
Issue No. 46/2018, 26 November 2018
LCA makes submission on future of the Family Court
The Law Council of Australia has made a
submission to the Senate Legal and Constitutional Affairs
Committee Inquiry into the Federal Circuit and Family Court of
Australia Bill 2018 and the Federal Circuit and Family
Court of Australia (Consequential Amendments and Transitional
Provisions) Bill 2018. The submission has now been published
here (28 November 2018).
LCA: Australian Human Rights Commission National Inquiry
into Sexual Harassment in Australian Workplaces
The development of the Law Council's submission to the
Australian Human Rights Commission's National Inquiry into
Sexual Harassment in Australian Workplaces is underway. Under
the inquiry's
terms of reference it will also consider the current legal
framework and contributing factors behind workplace sexual
harassment in the legal profession. Contributions to the submission
closed on 3 December 2018.
More...
New South Wales
Amendments to the Guardianship Act and Powers of
Attorney Act
Recent changes to the Guardianship Act 1987 and
Powers of Attorney Act 2003 extend the list persons who
are parties to NCAT Guardianship Division proceedings. From 1
December 2018, the legislative changes add the following as
statutory parties: NSW Public Guardian and NSW Trustee and Guardian
(03 December 2018).
More...
NSW Council of Attorneys General Defamation Working
Party: Terms of Reference
The Defamation Working Party ( DWP) is
comprised of one nominated representative from each Australian
state and territory jurisdiction and established under the auspices
of the Council of Attorneys General (CAG). The DWP
is to be chaired by a representative from the NSW Department of
Justice. The DWP will consider whether the policy objectives of the
Model Defamation Provisions (MDPs) remain valid
and whether the MDPs remain appropriate to achieve these
objectives. The Terms of Reference are available
here. (04 December 2018)
NSW Court Appointments
06 December 2018
Seven new District Court judges appointed
Biographies of the new judges are available
here.
05 December 2018
New Supreme Court and Court of Appeal judges
NSWBA Submission to Senate Inquiry into the proposed
restructure of the family law system
The New South Wales Bar Association has made a
submission to the Senate Legal and Constitutional Affairs
Committee's Inquiry into two bills which are currently before
the Parliament to restructure the Federal Courts and in effect
abolish the Family Court of Australia (04 December 2018)
New child sexual abuse laws take effect today
The Criminal Legislation Amendment (Child Sexual
Abuse) Act 2018 has come into force. View the bill here
and a Department of Justice Factsheet
here.(03 December 2018)
JUDCOM: Local Court Bench Book —
Preliminaries
Update 129, December 2018 Specific penalties and orders
(30 November 2018).
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ICAC: Operation Dasha public inquiry resumes 10 December
2018
The Operation Dasha public inquiry into allegations
concerning the former Canterbury City Council will resume on Monday
10 December.
More...
ICAC: Corruption Matters e-newsletter available
now
The latest edition of the ICAC's Corruption Matters
stakeholder e-newsletter is out (03 December 2018). More...
ICAC's first report on state of corruption in NSW
warns of evolving risks
The first NSW ICAC report on current trends in corruption
and integrity in the NSW public sector warns the public sector to
be wary of risks associated with blurred lines between government
and non-government sectors, badly-managed organisational change,
and rules that unintentionally can encourage corrupt conduct (04
December 2018).
More...
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.