Welcome to our Victorian Government Bulletin, a monthly wrap-up of key news, reports and cases of interest to Victorian government employees.

In the media

Information Publication Scheme survey
The Office of the Australian Information Commissioner has released the results of a survey of Australian Government agencies related to the Information Publication Scheme (21 June 2019). More...

Victoria's crime rate stable, as police warn community 'hammered' with negative reporting
Victorian police say social media and negative reporting are stoking fears in the community despite the state's crime rate remaining stable over the last 12 months (20 June 2019). More...

Former Corrections Victoria officer sentenced following IBAC investigation
A former Corrections Victoria officer from Loddon Prison has today been sentenced to 15 months in prison with a seven month non-parole period following an investigation by Victoria's independent anti-corruption commission, IBAC (19 June 2019). More...

Fairer birth certificates for trans and gender diverse Victorians
Trans and gender diverse Victorians wanting to alter the sex recorded on their birth certificate will no longer need to undergo gender affirmation surgery under reforms from the Andrews Labor Government (18 June 2019). More...

Child abuse survivors 'ripped off' by agreements given chance to sue under law change in Victoria
Hundreds of abuse survivors could benefit from reforms that will allow them to sue their abusers, even if they signed "unfair" agreements not to take legal action (14 June 2019). More...

Landmark reforms to better support abuse victims
Survivors of institutional abuse will be able to apply to the courts to overturn unfair historical compensation payments under new landmark reforms, with amendments to the Limitation of Actions Act [1958] (Vic) (14 June 2019). More...

'Journalism is not a crime': Media owners and journalists unite in press freedom campaign
The Journalism Is Not A Crime campaign sees media outlets and prominent journalists call for action from Parliament regarding legislation changes to "recognise and enshrine a positive public interest protection for whistleblowers and for journalists" (14 June 2019). More...

ABA says that recent AFP raids on journalists should prompt a review of how journalists and their sources are protected
The Australian Federal Police's raids on the home of a journalist and the headquarters of the Australian Broadcasting Corporation last week have ignited debate as to press freedom and the protection of their sources (12 June 2019). More...

DVA data to drive better service
The Department of Veterans Affairs has embarked on a Department-wide program of aggregating its data relating to Australian military veterans to help shape its policies and programs as well as assess ongoing performance in service delivery (13 June 2019). More...

Shredding is protecting: News alert
A shredding truck will be available to shred documents you no longer need, such as old bank statements and credit card bills, which contains personal details that could be stolen and used in identity scams. Scammers can access your private information through discarded personal documents such as utility bills, insurance, credit card statements or health records (11 June 2019). More...

In practice and courts

High Court of Australia
 High Court of Australia Bulletin [2019] HCAB 4 (30 May 2019)

AHRC: Commission calls for public submissions
The AHRC has released an issues paper for 'Free and Equal': An Australian conversation on human rights and has called for public submissions. Submissions are open until 12 July 2019. See the issues paper here. More...

Victoria

Victorian Ombudsman: Help us design the Victorian Ombudsman service of the future
Strategic Design is conducting research activities including workshops and individual interviews, to help us. More...

Appointments to the Victorian Civil and Administrative Tribunal
The Attorney-General seeks expressions of interest for appointment as full-time or sessional members of the Victorian Civil and Administrative Tribunal, for the Planning and Environment, Building and Property, Guardianship, Human Rights, and Review and Regulation Lists. To apply, please go to the Victorian Government's ' Get on Board'. Expressions of interest must be received no later than midnight on 30 June 2019.

Indexed Notice 2019-2020
With new Indexation Rule r 111A of the Uniform General Rules commencing from 1 July 2019 in Uniform Law States, the Legal Services Council has released the Indexed Amounts Notice advising the indexed amounts that will apply to $10,000 ($10,685), $100,000 ($106,835) and $25,000 ($26,710) referred to in the Uniform Law from 1 July 2019 to 30 June 2020.More information is available from the Legal Services Council website.

Statement on the Royal Commission Into Informants
The reporting timelines for the Royal Commission into the Management of Police Informants will be extended after a request from the Royal Commission. The Royal Commission will now provide a progress report to Government by 1 July 2019 Statement On The Royal Commission Into Informants.

VLRC- Contempt of Court - Release of Consultation Paper
The Commission's consultation paper on contempt of court was published online on the Commission's website, together with a summary document. The closing date for written submissions is 28 June 2019. For ease of reference, click here for a copy of the consultation paper. More...

Published – articles, papers, reports

Declaration of independence
Chief Justice Catherine Holmes, (2019) The Australian Legal Review Uninformed criticism from media and politicians risks damaging public confidence in the judiciary. More...

Improving educational connection for young people in custody: final report
Julie White, et al: Victoria University: 21 June 2019
The purpose of this study was to examine how education operates inside custody, for young people in Victoria who have been remanded into custody or who have received custodial sentences. More...

2019 Post-election report of election commitments
Parliamentary Budget Office (Australia): 19 June 2019
The 2019 Post-election report provides the budget impact of each of the election commitments made by the major parties in the 2019 general election, and the total combined impact of their policy platforms on the Commonwealth budget. More...

Coordination and targeting of domestic violence funding and actions
Australian National Audit Office: 13 June 2019
The objective of this audit was to assess the effectiveness of the Department of Social Services' role in implementing the National Plan to Reduce Violence Against Women and their Children 2010–2022 (the National Plan). More...

Guidelines for the inclusion of transgender and gender diverse people in sport
Australian Human Rights Commission: 13 June 2019
These guidelines have been developed by the Australian Human Rights Commission, in partnership with Sport Australia and the Coalition of Major Professional and Participation Sports (COMPPS), to provide guidance to sporting organisations on promoting the inclusion and participation of transgender and gender diverse people in sport. More...

Fair-minded cover: investigation into discrimination in the travel insurance industry
Victorian Equal Opportunity and Human Rights Commission: 12 June 2019
The Victorian Equal Opportunity and Human Rights Commission has concluded a major statutory investigation into mental health discrimination by travel insurers. More...

Regulatory dark matter: how unaccountable regulators subvert democracy by imposing red tape without transparency
Kurt Wallace; Institute of Public Affairs: 11 June 2019
This category of red tape is described as 'regulatory dark matter,' which refers to publications by government agencies that seek to influence the behaviour of regulated actors (such as businesses), but lack adequate democratic oversight. More...

Cases

Caligiuri & Anor v Attorney General (on behalf of the State of Victoria) & Ors (No 2) [2019] VSC 365
JUDICIAL REVIEW – Land acquisition – Procedural fairness – Whether procedural fairness requires persons with an interest in land to be acquired to be heard before the Governor in Council can certify on the recommendation of the Minister that it is unnecessary, undesirable or contrary to the public interest for land to be reserved under a planning instrument for a public purpose – Whether obligations of procedural fairness arise before an acquiring authority can decide to serve a notice of intention to acquire land or notice of acquisition – Whether a notice of intention to acquire land is invalid as a result of miscalculation of the area of an easement – Whether a notice of acquisition is invalid due to failure to serve notice of intention to acquire on a party with an interest in the land.

Lang v Spendless Shoes Pty Ltd & Ors [2019] VSC 376
ADMINISTRATIVE LAW – Judicial review – Workers' compensation – Termination of weekly payments - Medical questions referred by Magistrates' Court to Medical Panel – Application to quash certified opinion of Medical Panel – Failure to take into account pre-existing medical condition of opioid dependence in assessing work capacity – Failure to consider entirety of injured worker's relevant personal circumstances – Errors of law on the face of the record – Certified opinion quashed - Questions referred to differently constituted Medical Panel - Accident Compensation Act 1985 ss 4A, 5(2), 82, 93, 93C(1) - Workplace Injury Rehabilitation and Compensation Act 2013 s 3 (definitions of 'no current work capacity' and 'suitable employment') – Richter v Driscoll (2016) 51 VR 95.

Legislation

Victoria

Bills
Date of second reading speech: 19 June 2019
Births, Deaths and Marriages Registration Amendment Bill 2019

Victorian legislation can be accessed here.

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.