Australia: Victorian Government Bulletin: in the media, in practice and courts, published articles, papers and reports, cases and legislation

Last Updated: 8 October 2019
Most Read Contributor in Australia, September 2019

In the media

Ombudsman at pains over torture protocol
An Ombudsman's report on Australia's readiness to implement an international agreement against torture and other cruel punishment has found it to be lacking in oversight and scope (26 September 2019). More...

AHRC: Commission concerns about Centrelink debt recovery program
The Australian Human Rights Commission has made a second submission on the human rights implications of the Centrelink debt recovery program (widely known as 'Robodebt'). In particular, the Commission warns about the potential to breach Article 9 of the International Covenant on Economic, Social and Cultural Rights, to which Australia is a signatory (26 September 2019). More...

Right to Know essential to democracy in a digital world
Information Access Commissioners and Ombudsmen from across Australia and New Zealand are urging government agencies to do more to make information available for the benefit of citizens (26 September 2019). More...

Tech giants' new anti-terror group
Tech giants Facebook and Microsoft have launched an independent organisation to combat online radicalisation and violent terrorist content (25 September 2019). More...

Telco complaints get harder to resolve
The TIO report highlights the growth of complex complaints, which leave some customers with issues unresolved for too long; pointing to the need for redoubled effort by service providers and the Ombudsman (25 September 2019). More...

Joint Parliamentary Inquiry into family law and child support
The Prime Minister has announced the Government will undertake a Joint Parliamentary Committee of both the House and the Senate to conduct a wide-ranging inquiry into the family law system. The review would look at whether the current system, which is intended to support parents and children during the end of a relationship, is fit for purpose (17 September 2019). More...

Public service warned about 'prostitution'
The long-awaited Australian Public Service review must generate real and lasting reform, according to a former Public Service Commissioner who warns about the "prostitution" of the APS (17 September 2019). More...

Commissioner pulls plug on websites
The eSafety Commissioner has issued a direction to Australia's biggest internet service providers ordering them to continue to block access to websites that still host the video of last March's Christchurch terrorist attacks (16 September 2019). More...

Government seeks to restore clarity to personal leave entitlements
The Morrison Government will seek leave, in the High Court, to appeal a recent Full Federal Court decision, which has sparked confusion and uncertainty around the way sick and carers leave entitlements should be calculated. (16 September 2019). More...

Parliament backs farmers with Criminal Code Amendment Bill set to become law
The Australian Senate passed the Criminal Code Amendment (Agricultural Protection) Bill, meaning tough new penalties for those who incite trespass, property damage or theft on agricultural land will soon become law. The Attorney-General, Christian Porter, and Agriculture Minister, Bridget McKenzie, said the successful passage was an important safety measure for Australia's dedicated farmers, most of whom are small businesses. (12 September 2019). More...

Man sentenced for sending asbestos to consulates
Savas Avan (49) was sentenced in the County Court of Victoria to 3 years imprisonment, after pleading guilty to mailing packages containing asbestos to consulates and embassies in Melbourne and Canberra. The CDPP's Deputy Director for Illegal Imports and Exports said Mr Avan's offending placed Australia Post staff, embassy staff and the community at risk. (11 September 2019). More...

Bill creates mandatory jail terms for child sex offenders
The Morrison Government has tabled a bill in Parliament that introduces mandatory minimum jail terms for serious child sex offenders. The Crimes Legislation Amendment (Sexual Crimes Against Children and Community Protection Measures) Bill 2019 also includes a new maximum life penalty for the most serious Commonwealth offences and a presumption against bail to help keep offenders in custody while they face trial (11 September 2019). More...

Victorian children better protected under new laws
Religious and spiritual leaders in Victoria must report child abuse to the authorities, even if it was heard in the confessional, under historic new laws passed by the Andrews Labor Government (10 September 2019). More...

New County Court Judge appointed
The Andrews Labor Government has announced the appointment of magistrate and coroner Rosemary Carlin as a judge of the County Court of Victoria (10 September 2019). More...

Have your say on Australia's new cybersecurity strategy
The Morrison Government will develop a new cybersecurity strategy to keep businesses and families safe online and is inviting business and the community to share their views. The new strategy will build on the foundations of the 2016 Cyber Security Strategy (06 September 2019). More...

Victoria Legal Aid: Centrelink waives another robo-debt as legal challenge continues
The Federal Court has been told that Centrelink has wiped the debt at the centre of a second test case against its robo-debt scheme. The case will go to a hearing in early December (06 September 2019). More...

HRLC: Parliament should reject the Morrison Government's facial recognition scheme
The Morrison Government's plans for a facial recognition identification and surveillance scheme are dangerously overbroad, lack safeguards and could dramatically alter the freedom of ordinary people going about their daily lives (06 September 2019). More...

Local crime prevention grants now open
The Andrews Labor Government is investing in local community crime prevention projects with applications now open for the Community Safety Fund. Applications for this latest grant round will close on Friday 18 October 2019 (05 September 2019). More...

New independent member appointed to IBAC Audit and Risk Management Committee
Jennifer Johanson, an experienced non-executive director in financial services, education and the not-for-profit sector has recently been appointed to IBAC's Audit and Risk Management Committee. Ms Johanson's three-year term runs from September 2019 – September 2022 (05 September 2019). More...

"Unlawful and wrong" – solitary confinement and isolation of young people in Victorian prison and youth justice centres: Ombudsman
Children and young people in Victorian prisons and youth justice systems are being damaged rather than rehabilitated through excessive use of isolation and separation, Victorian Ombudsman Deborah Glass has found (05 September 2019). More...

LCA: Parliament should not interfere with judicial discretion
The Law Council in principle opposes mandatory sentences as there are risks this may produce injustice in some circumstances. Mandatory sentencing risks triggering unintended consequences that are at odds with the intention of the laws and fundamental principles which underpin the administration of justice (03 September 2019). More...

Millions spent on failing ad campaigns: audit
The government's $210 million advertising spend has come under scrutiny in a new audit that questions administration and spending decisions across key campaigns (03 September 2019). More...

Statement on IBAC investigation into conduct of the former Assistant Commissioner of Victoria Police Professional Standards Command
IBAC's investigation, Operation Turon, into allegations about the conduct of former Assistant Commissioner of Professional Standards Command, Brett Guerin, has recently concluded. IBAC's investigation found no evidence of actual bias. Regardless of this, this behaviour risked damaging the integrity of, and confidence in, Victoria Police investigations. (02 September 2019). More...

New Family Responsibilities Commissioner appointed
Trailblazing Indigenous and human rights advocate Tammy Williams has been appointed in the role of Family Responsibilities Commissioner (01 September 2019). More...

IBAC to audit Victoria Police handling of complaints by Aboriginal People
As part of its role to provide independent oversight of Victoria Police, IBAC is conducting an audit of Victoria Police handling of complaints by Aboriginal people (30 August 2019). More...

Anti-terror plan to block online platforms
Online platforms carrying harmful content from terrorists are to be blocked in Australia under new arrangements being put in place by the eSafety Commissioner (29 August 2019). More...

Audit call to revisit advertising rules
An audit of Government advertising between 2015 and April of this year has prompted the Auditor-General to recommend that the safeguards against it being used for political purposes be revisited (29 August 2019). More...

OVIC brings together experts to light the way for responsible use of AI
The Office of the Victorian Information Commissioner (OVIC) has published an e-book on Artificial Intelligence titled Closer to the Machine: Technical, social and legal aspects of AI (29 August 2019). More...

Morrison Government delivers on religious reforms
The Morrison Government has delivered on its commitment to legislate to prevent discrimination on the basis of religion, releasing a draft Religious Discrimination Bill. The Attorney-General said the draft Bill would form the basis of extensive consultation over the coming weeks and he expected a final draft Bill to be presented to Federal Parliament in October (29 August 2019). More...

ALRC: Review into the framework of Religious Exemptions in Anti-discrimination Legislation
The ALRC welcomes the Attorney-General's decision to issue the ALRC with amended terms of reference for its current inquiry into exemptions for religious institutions in anti-discrimination law. The narrowing of the terms of reference will enable the ALRC to conduct a targeted law reform inquiry that is more clearly separated from the exposure draft bill currently open for comment (29 August 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 sex affirmation surgery under new laws passed by the Andrews Labor Government (28 August 2019). More...

Recommended approaches to improve national data privacy
National security is no longer just about considering safety in the physical sense, especially when most business and commercial operations are accomplished virtually, via the internet and telecommunications. There are many measures countries can take to protect their national data and meta-data from third party attackers (27 August 2019). More...

Human element a key factor in data breaches
National figures on data breaches show about one in three data breaches last quarter were caused by compromised credentials, with log in and password information used to gain unauthorised access to personal information (27 August 2019). More...

Judge tells John Setka his proposed expulsion from Labor 'not within the court's jurisdiction'
The Supreme Court of Victoria dismisses a bid by union boss John Setka to stop a vote to have him expelled from the Australian Labor Party, with the court ruling it does not have the jurisdiction to decide the matter (27 August 2019). More...

Statement On Judicial Commission Investigation
I have been advised by the Judicial Commission of Victoria that it has dismissed an allegation of misconduct concerning State Coroner Judge Sara Hinchey. On 8 April 2019, the Commission announced that it has referred a complaint to an investigating panel (27 August 2019). More...

Victims to have their say on wage theft
The Labor Government is holding forums across Victoria and will consult a range of employer groups and unions to ensure the new laws are fair. The government is making the underpayment of wages, as well as the withholding of entitlements such as penalty rates, superannuation and leave a criminal offence (26 August 2019). More...

Fire bug crackdown: standard non-parole period almost doubles
In a further crackdown on dangerous bushfire bugs, the standard non-parole period for convicted arsonists is set to increase from five years to nine years to help protect lives and property, with an amendment to implement the recommendation of the Sentencing Council (23 August 2019). More...

PM sets up APS guideposts for the future
The Prime Minister has outlined six 'guideposts'' he expects the Australian Public Service (APS) to follow if it is to support his Government's priorities for the future (20 August 2019). More...

In practice and courts

HCA Bulletin
The High Court Bulletin is compiled approximately once a month, from February to December after each Court sitting – See High Court of Australia Bulletin [2019] HCAB 07 (24 September 2019). More...

AAT Bulletin
The AAT Bulletin is a weekly publication containing a list of recent AAT decisions and information relating to appeals against AAT decisions, including immigration and citizenship. Issue No. 38/2019, 23 September 2019. More...

Cybersecurity strategy
The new strategy will build on the foundations of the 2016 Cyber Security Strategy. For more information on consultation events until the end of October 2019. More...

OAIC Guide to privacy regulatory action
Guide to privacy regulatory action has been updated to provide greater clarity about matters considered by the Commissioner regarding enforceable undertakings and independent experts. The update follows a review of similar policies and enforceable undertakings in relation to other regulatory areas within the Commonwealth (28 August 2019). More...

Senate Committee Inquiries

Inquiry into the impact of the exercise of law enforcement and intelligence powers on the freedom of the press
The inquiry was referred by the Attorney-General, The Hon Christian Porter MP who noted that the Government will consider proposals from media organisations and interested bodies which aim to ensure the right balance is struck between a free press and keeping Australians safe. For further information about the inquiry see the full terms of reference. As agreed by the Attorney-General, the reporting date for this inquiry has been extended to 28 November 2019.

Cybersecurity strategy
The new strategy will build on the foundations of the 2016 Cyber Security Strategy. For more information on consultation events, including the discussion paper. (06 September 2019). More...

Royal Commission into Violence, Abuse, Neglect and Exploitation of People with Disability
The Office of the Royal Commission is now accepting submissions to the above Inquiry. First public sitting is in Brisbane on 16 September 2019. Please provide comments by 20 September 2019. More...

LSC: Call for submissions – Managed Investment Scheme Review of Uniform General Rules
The Legal Services Council has commenced its review of the Managed Investment Scheme Uniform General Rules 91A-91D and is seeking submissions from interested parties until 3 October 2019. You can find more information here (03 September 2019). More...

Protocol for the Bar Associations of Australia to raise any concern about Judicial conduct in Commonwealth courts
The Chief Justice of the Federal Court of Australia, the Chief Justice of the Family Court of Australia and the Chief Judge of the Federal Circuit Court of Australia have agreed with the President of the Australian Bar Association (10 September 2019). More...

Senate Inquiries – September 2019

Community Affairs Legislation Committee
Social Security (Administration) Amendment (Income Management to Cashless Debit Card Transition) Bill 2019
Social Services Legislation Amendment (Drug Testing Trial) Bill 2019

Legal and Constitutional Affairs Legislation Committee
Crimes Legislation Amendment (Sexual Crimes Against Children and Community Protection Measures) Bill 2019 [Provisions]
The impact of changes to service delivery models on the administration and running of Government programs
Nationhood, national identity and democracy
The Legal and Constitutional Affairs Committees has been referred the above inquiry, due to report by May 2020. The Discussion paper is available here (11 September 2019). More...

Draft Religious Freedom Bills
The Australian Government invites submissions on a package of legislative reforms on religious freedom. These are the: Religious Discrimination Bill 2019; Religious Discrimination (Consequential Amendments) Bill 2019 and Human Rights Legislation Amendment (Freedom of Religion) Bill 2019. The draft Bills are available on the Attorney-General's Department website. Submissions have now closed.

OAIC Guide to privacy regulatory action
Guide to privacy regulatory action has been updated to provide greater clarity about matters considered by the Commissioner regarding enforceable undertakings and independent experts. The update follows a review of similar policies and enforceable undertakings in relation to other regulatory areas within the Commonwealth (28 August 2019). More...

AAT Bulletin
The AAT Bulletin is a weekly publication containing a list of recent AAT decisions and information relating to appeals against AAT decisions, including immigration and citizenship. Issue No. 34/2019, 26 August 2019. More...

Victoria

New Court Appointments
New Appointment To The Magistrates' Court September 18, 2019
New Chief Magistrate Appointed September 17, 2019

Supreme Court pro bono protocol
A new pro bono referral protocol with the Supreme Court was endorsed. The protocol formalises arrangements for the Supreme Court Trial Division and Court of Appeal to refer appropriate matters to the Bar for pro bono assistance, in order to establish a more sustainable and efficient pro bono scheme and assist with the administration of justice (26 September 2019). More...

Court of Appeal: changes on 30 September 2019
The civil appeal period will increase to 42 days for most appeals, and electronic filing through RedCrest will be introduced. Updated Court rules, Court of Appeal Practice Notes and Registrar's Notes will also commence. Practitioners are encouraged to familiarise themselves prior to 30 September 2019: Supreme Court (Court of Appeal E-Filing and Other Amendments) Rules 2019
updated Court of Appeal Practice Notes SC CA 1, SC CA 2 and SC CA 3
updated general Practice Note SC Gen 19
updated Court of Appeal Notice to Profession regarding applications for extension of time under rule 64.08
For more information please refer to the Court's website.

OVIC: FOI Professional Standards
17 September 2019 Right to Know Day 2019: FOI tips for agencies

OVIC: Report into the culture of FOI in Victoria: key insights
Following completion of the pilot study, which was conducted from May-August 2019, Associate Professor Lidberg produced a report titled The culture of administering access to government information and freedom of information in Victoria. This blog post discusses some of the key themes and insights from the report (25 September 2019)

Supreme Court: Practice Notes
Applications for extension of time under rule 64.08 of the Supreme Court (General Civil Procedure) Rules 2015
This Court of Appeal notice concerns a trial period of granting automatic time extensions of up to 14 days under rule 64.08. That trial period ends on 29 September 2019.

Tabled Documents:
Surveillance Devices Act 1999 — Report 2018-19 under s 30L – 12 September 2019
OPCAT in Victoria: A thematic investigation of practices related to solitary confinement of children and young people – 10 September 2019

Library Bulletin
The Law Library of Victoria produces a fortnightly bulletin that summarises the latest legislation and cases for the Victorian jurisdiction, as well as High Court of Australia cases. Download the Library Bulletin No 18 2019 (fortnight ending 26 September 2019)

OVIC: FOI Professional Standards: FAQs
The Professional Standards were developed under Part IB of the Freedom of Information Act 1982 (Vic) and, as a legislative instrument, in accordance with the requirements of the Subordinate Legislation Act 1994 (Vic). On Wednesday 11 September 2019 the Standards were published in a special edition of the Government Gazette (12 September 2019). More...

Tabled Documents:
Report on the appointment of a Parliamentary Integrity Adviser
Joint report of the Privileges Committee of the Assembly and Council – tabled on 29 August 2019

OVIC publishes e-book exploring technical, social and legal aspects of AI
The Office of the Victorian Information Commissioner (OVIC) has published an e-book on AI titled Closer to the Machine: Technical, social and legal aspects of AI (29 August 2019). More...

OVIC: Administering the Freedom of Information Act
This all day training (08 October 2019) A provides Victorian public sector staff with a sound understanding of the practical application of the Freedom of Information Act 1982 (Vic). More...

Victoria Parliament Consultations

Inquiry into the Conduct of the 2018 Victorian State Election
The Committee is inviting people to submit their views on how the election was conducted and suggestions on how things could be improved. Issues to be examined include enrolling, being a candidate and voting. Submissions close on 30 August 2019. More...

Published – articles, papers, reports

Compliance by former Ministers of State with the requirements of the Prime Minister's Statement of Ministerial Standards
Senate Finance and Public Administration References Committee; Parliament of Australia: 26 September 2019
This report recommends that, in light of the new information uncovered by the inquiry and media reporting, the Prime Minister should request the incoming Secretary of his Department to re-open the investigation of Christopher Pyne and Julie Bishop, to determine if they have breached the Statement of Ministerial Standards. More...

Unauthorised access and disclosure of information held by Victoria Police
Independent Broad-based Anti-Corruption Commission (IBAC): 23 September 2019
This report provides an overview of the key risks associated with unauthorised access and disclosure of information by Victoria Police employees. It explores the drivers of these risks, as well as potential prevention, reporting and detection measures. More...

The 2018 Victorian state election: a quick guide
Dr Damon Muller; APH Politics and Public Administration Section: 19 September 2019. More...

Advancing the Victorian Treaty Process: Annual Report and Plan 2018-19
Parliamentary Paper tabled Victorian Parliament: 17 September 2019. More...

Australia's welfare 2019: in brief
Australian Institute of Health and Welfare: 11 September 2019
This report tells the story of welfare in Australia with key findings on housing, education and skills, employment and work, income and finance, government payments, social support, justice and safety. More...

Discussion paper: a model for positive human rights reform
Australian Human Rights Commission: 29 August 2019
This paper outlines what our current system of human rights protections looks like, how it is and isn't effective in ensuring that government respects, protects and fulfils our human rights, why reforming the current system is critical, and options for reform. More...

Annual Report 2018–19
VAGO: Tabled 29 August 2019
This report covers the activities of VAGO for the period 1 Cover of the Annual Report 2018-19July 2018 to 30 June 2019. More...

Managing Registered Sex Offenders
VAGO: Tabled 28 August 2019
Victoria's sex offender registration scheme requires registered sex offenders (RSOs) to keep police informed of key personal details throughout a determined reporting period. This audit examined whether Victoria Police has the governance structure and organisational capability and capacity to manage RSOs. More...

Report on the appointment of a Parliamentary Integrity Adviser
Legislative Council Privileges Committee (Vic), Legislative Assembly Privileges Committee (Vic)
Parliament of Victoria: 29 August 2019
This report outlines the scope of the position of Parliamentary Integrity Adviser in Victoria. More...

Independent review into sex discrimination and sexual harassment, including predatory behaviour, in Victoria Police: Phase 3 audit and review
Victorian Equal Opportunity and Human Rights Commission: 27 August 2019
The Victorian Equal Opportunity and Human Rights Commission has released this third report from its independent review into sex discrimination and sexual harassment in Victoria Police. The report identifies the significant progress Victoria Police has made on gender equality since 2015, while highlighting the ongoing work and commitment needed to stamp out workplace harm. More...

Young people returning to sentenced youth justice supervision 2017–18
Australian Institute of Health and Welfare: 27 August 2019
This research finds that of young people aged 10–17, who were under youth justice supervision at some time from 2000–01 to 2017–18, 41% returned to supervised sentence before turning 18. Of young people aged 10–16 in 2016–17 and released from sentenced community-based supervision, 24% returned to sentenced supervision in 6 months, and 47% within 12 months. More...

Cases

DSM v NSW Trustee and Guardian [2019] NSWCATAD 193
ADMINISTRATIVE LAW – review under section 62 NSW Trustee and Guardian Act 2009 (NSW) – Trustee and Guardian – interests and welfare of protected person – whether to sell a protected persons property – financial management order

Efektiv Pty Ltd v Hodge [2019] VSC 636
POSESSION ORDER – Appeal from decision of an Associate Judge – Appeal to Judge of Trial Division – Whether error in refusing stay of VCAT possession orders – Whether test of special or exceptional circumstances properly applied – Whether appeal is nugatory – Is there a serious question to be tried in the exercise of discretion – No undertaking as to damages given – Prejudice afforded by granting stay – Stay of possession order refused – Maher v Commonwealth Bank of Australia [2018] VSC 93 – House v R (1936) 55 CLR 499

Minogue v Victoria [2019] HCA 31
Constitutional law – State Parliament – Constitution – Ch III – Where plaintiff convicted of murder of police officer – Where plaintiff sentenced to imprisonment for life with non-parole period – Where plaintiff's non-parole period expired – Where s 74AB of Corrections Act 1986 (Vic) prevented making of parole order in respect of plaintiff unless Adult Parole Board satisfied plaintiff in imminent danger of dying or seriously incapacitated and does not have physical ability to harm any person, and does not pose risk to community – Where s 74AB identified plaintiff by name and applied only to plaintiff – Where plaintiff not in imminent danger of dying or seriously incapacitated – Where s 74AAA of Corrections Act imposed conditions for making parole order if person convicted of murder and victim police officer – Whether ss 74AB and 74AAA contrary to Ch III of Constitution and therefore invalid – Whether ss 74AB and 74AAA impermissibly legislatively resentenced plaintiff – Whether ss 74AB and 74AAA impose additional or separate punishment to that imposed by sentencing court – Whether s 74AB distinguishable from provision upheld in Knight v Victoria (2017) 261 CLR 306; [2017] HCA 29 – Whether Knight and Crump v New South Wales (2012) 247 CLR 1; [2012] HCA 20 should be reopened. Constitution, Ch III.

Estates 77 Pty Ltd v Minister for the Environment [2019] FCA 1427
ADMINISTRATIVE LAW – application for judicial review of a decision made under the Environment Protection and Biodiversity Conservation Act 1999 (Cth) (EPBC Act) – judicial review under the Administrative Decisions (Judicial Review) Act 1977 (Cth) and the Judiciary Act 1903 (Cth) – decision of the Minister under s 75(1) of the EPBC Act – whether the Court can consider whether a proposed action is likely to have a 'significant impact' on listed threatened species of cockatoo – whether a question of jurisdictional fact

'RC' and TICA Default Tenancy Control Pty Ltd (Privacy) [2019] AICmr 60
Privacy — Privacy Act 1988 (Cth) — National Privacy Principles — Australian Privacy Principles — Definition of 'personal information' – Collection of personal information – NPP 1 – Breach substantiated –Data quality – NPP 3 – APP 10 – Compensation awarded for non-economic loss – Declaration that respondent must take specified steps

ID-FLK Gisborne Pty Ltd v Macedon Ranges SC (Red Dot) [2019] VCAT 1336
NATURE OF CASE Whether VCAT has the power to amend and/or consider a version of a Development Plan that differs from the Development Plan that formed the basis of the responsible authority's decision.
REASONS WHY DECISION IS OF INTEREST OR SIGNIFICANCE – LEGISLATION – interpretation or application of statutory provision – Victorian Civil and Administrative Tribunal Act 1998 s 127; whether a 'a document in the proceeding' includes a document that existed prior to the proceeding; relevance to a 'secondary consent' review under Planning and Environment Act 1987 s 149; decision in TC Rice Pty Ltd v Cardinia SC (Red Dot) considered and distinguished.

Austin v Dwyer (special witness proceedings) [No 2] [2019] VSC 545
JUDICIAL REVIEW – Application to review decision of Magistrates' Court of Victoria – "Special witness" order – Criminal Procedure Act 2009 (Vic) ss 141, 145, 162, 163, 242 – Crimes Act 1914 ss 15Y, 15YAB – Plaintiff committed to trial in the County Court – No proceedings remaining in Magistrates' Court to which order would apply – Order of magistrate could not bind County Court judge – Grounds not made out.
PRACTICE AND PROCEDURE – Application by defendant for summary judgment under s 62 of the Civil Procedure Act 2010 (Vic) – Application for summary judgment granted.

Legislation

Telecommunications (Protecting Australians from Terrorist or Violent Criminal Material) Direction (No. 1) 2019
09/09/2019 – This instrument directs relevant service providers to block the websites included in the list of websites hosting terrorist or violent criminal material, in connection with the eSafety Commissioner's function of promoting online safety for Australians by protecting them from access or exposure to material that promotes, incites or instructs in, terrorist acts or violent crimes.

Same-Sex Relationships (Equal Treatment in Commonwealth Laws—General Law Reform) (Veterans' Affairs) Regulations 2019
21/08/2019 – These regulations repeal and remake the Same-Sex Relationships (Equal Treatment in Commonwealth Laws — General Law Reform) (Veterans' Affairs) Regulations 2009 without amendments and to ensure dependants of deceased Australian Defence Force members continue receiving benefits under the Military Rehabilitation and Compensation Act 2004 and the Veterans' Entitlements Act 1986.

Bills

Combatting Child Sexual Exploitation Legislation Amendment Bill 2019
Finally passed both houses 17/09/2019 – The Bill protects children from sexual exploitation by improving the Commonwealth framework of offences relating to child abuse material, overseas child sexual abuse, forced marriage, failing to report child sexual abuse and failing to protect children from such abuse. The Bill amends the Criminal Code Act 1995(Criminal Code), the Customs Act 1901, the Crimes Act 1914, the Surveillance Devices Act 2004 and the Telecommunications (Interception and Access) Act 1979

Crimes Legislation Amendment (Police Powers at Airports) Bill 2019
Senate Second reading debate 19 September 2019 – The Bill amends the Crimes Act 1914 to: broaden existing identity check provisions and create offences and powers in relation to identity check, move-on and ancillary directions by constables and protective services officers at Australia's major airports; and Australian Federal Police Act 1979 to provide that the offence of contravening an identity check or move-on direction is a protective service offence for the purposes of the Act.

Commonwealth Electoral Amendment (Real-Time Disclosure of Political Donations) Bill 2019
HR 16 September 2019 – This Bill amends the Act to require the agent or financial controller of the party, branch or campaigner to advise the electoral commission of any donation received by the party, branch or campaigner that meets or exceeds the disclosure threshold. The notification must occur within 5 business days of receipt of the donation. The notification must include the identity of the person or entity who made the gift.

Australian Bill of Rights Bill 2019
HR 16 September 2019 – This bill seeks to enshrine a Bill of Rights in Australian law. It is modelled very closely on the Australian Bill of Rights Bill 2001and is intended to give effect to certain provisions of the International Covenant on Civil and Political Rights, the International Covenant on Economic, Social and Cultural Rights, the Convention on the Rights of the Child and the Convention against Torture and Other Cruel, Inhumane or Degrading Treatment or Punishment.

Criminal Code Amendment (Agricultural Protection) Bill 2019
House of Representatives Message from Senate reported 12/09/2019
Consideration of Senate message Details: House agreed to Senate amendments 12/09/2019
Amends the Criminal Code Act 1995 to introduce two new offences in relation to the incitement of trespass or property offences on agricultural land

Royal Commissions Amendment (Private Sessions) Bill 2019
HR Message from Senate reported 10/09/2019. Consideration of Senate message. Details: House agreed to Senate amendments 10/09/2019
Senate 09//09/2019 – Amends the: Royal Commission Act 1902 to: enable a Royal Commission to hold private sessions where a regulation is made authorising it to do so; enable the Chair of a multi-member Royal Commission, or a sole Commissioner, to authorise Assistant Commissioners to hold private sessions; and impose limits on the use and disclosure of private session information and certain information given to the Child Sexual Abuse Royal Commission; and Freedom of Information Act 1982 to make consequential amendments

National Integrity Commission Bill 2018 (No. 2)
HR 10/09/2019 – The bill establishes the Australian National Integrity Commission as an independent public sector anti-corruption commission for the Commonwealth; provides for the appointment, functions and powers of the National Integrity Commissioner and commissioners; and makes consequential amendments to the Law Enforcement Integrity Commissioner Act 2006, Ombudsman Act 1976 and Public Interest Disclosure Act 2013

Children's Services Amendment Bill 2019
Date of second reading speech: 28 August 2019 – Aligns the Victorian regulatory scheme for children's services under the Children's Services Act 1996 with the regulatory regime in the national quality framework where appropriate.

Police Legislation Amendment (Road Safety Camera Commissioner and Other Matters) Bill 2019
Date of second reading speech: 29 August 2019 – Alters information sharing arrangements between the Road Safety Camera Commissioner, Victoria Police and the Department, reduces the retention period for found property that is not claimed, and makes changes to the powers of Protective Services Officers.

Public Administration Amendment Bill 2019
Date of second reading speech: 28 August 2019 – This Bill clarifies standards that apply to public sector bodies in relation to publication of public sector communications.

Racial and Religious Tolerance Amendment Bill 2019
Date of second reading speech: 28 August 2019 – This Bill extends the application of the Racial and Religious Tolerance Act 2001 to include protection from vilification based on certain protected attributes.

Acts

Criminal Code Amendment (Agricultural Protection) Act 2019
24 September 2019 – Act No. 67 of 2019 as made – Amends the Criminal Code Act 1995 to introduce two new offences in relation to the incitement of trespass or property offences on agricultural land
Combatting Child Sexual Exploitation Legislation Amendment Act 2019
20 September 2019 – Assent Act no: 72 of 2019 – The Bill protects children from sexual exploitation by improving the Commonwealth framework of offences relating to child abuse material, overseas child sexual abuse, forced marriage, failing to report child sexual abuse and failing to protect children from such abuse.

Royal Commissions Amendment (Private Sessions) Act 2019
16 September 2019 – Act No. 64 of 2019 as made

Victorian Independent Remuneration Tribunal and Improving Parliamentary Standards Act 2019
Act Number: 5/2019 – Sections 48-54, 56-60, 62, 80-82 of this Act came into operation on 16 September 2019 s. 2(4)Sections 48-54, 56-60, 62, 80-82 of this Act came into operation on 16 September 2019 s. 2(4)

Children Legislation Amendment Act 2019
Act Number: 30/2019 Date of assent: 17 September 2019

Legal Profession Uniform Law Application Amendment Act 2019
Act Number: 31/2019 Date of assent: 17 September 2019

Essential Services Commission Amendment (Governance, Procedural and Administrative Improvements)Act 2019
Act Number: 21/2019 Date of assent: 20 August 2019

Statutory Rules

No 83 Victorian Independent Remuneration Tribunal and Improving Parliamentary Standards Amendment Regulations 2019
No 87 Magistrates' Court General Amendment Regulations 2019
24 September 2019 – he objective of these Regulations is to amend the Magistrates' Court General Regulations 2014 to remove Shepparton Magistrates' Court from the list of venues at which the Family Violence Court Division of the Magistrates' Court may sit and act
No 73 Supreme Court (Court of Appeal E-Filing and Other Amendments) Rules 2019
Commencement: These Rules come into operation on30 September 2019
No 80 Sheriff Regulations 2019
No 81 Magistrates' Court (Miscellaneous Civil Proceedings) (Arbitration Costs Amendment) Rules 2019
No 82 Magistrates' Court Authentication Amendment Rules 2019 – 12 September 2019

Victorian legislation can be accessed here www.legislation.vic.gov.au

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.

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Mondaq Ltd requires you to register and provide information that personally identifies you, including your content preferences, for three primary purposes (full details of Mondaq’s use of your personal data can be found in our Privacy and Cookies Notice):

  • To allow you to personalize the Mondaq websites you are visiting to show content ("Content") relevant to your interests.
  • To enable features such as password reminder, news alerts, email a colleague, and linking from Mondaq (and its affiliate sites) to your website.
  • To produce demographic feedback for our content providers ("Contributors") who contribute Content for free for your use.

Mondaq hopes that our registered users will support us in maintaining our free to view business model by consenting to our use of your personal data as described below.

Mondaq has a "free to view" business model. Our services are paid for by Contributors in exchange for Mondaq providing them with access to information about who accesses their content. Once personal data is transferred to our Contributors they become a data controller of this personal data. They use it to measure the response that their articles are receiving, as a form of market research. They may also use it to provide Mondaq users with information about their products and services.

Details of each Contributor to which your personal data will be transferred is clearly stated within the Content that you access. For full details of how this Contributor will use your personal data, you should review the Contributor’s own Privacy Notice.

Please indicate your preference below:

Yes, I am happy to support Mondaq in maintaining its free to view business model by agreeing to allow Mondaq to share my personal data with Contributors whose Content I access
No, I do not want Mondaq to share my personal data with Contributors

Also please let us know whether you are happy to receive communications promoting products and services offered by Mondaq:

Yes, I am happy to received promotional communications from Mondaq
No, please do not send me promotional communications from Mondaq
Terms & Conditions

Mondaq.com (the Website) is owned and managed by Mondaq Ltd (Mondaq). Mondaq grants you a non-exclusive, revocable licence to access the Website and associated services, such as the Mondaq News Alerts (Services), subject to and in consideration of your compliance with the following terms and conditions of use (Terms). Your use of the Website and/or Services constitutes your agreement to the Terms. Mondaq may terminate your use of the Website and Services if you are in breach of these Terms or if Mondaq decides to terminate the licence granted hereunder for any reason whatsoever.

Use of www.mondaq.com

To Use Mondaq.com you must be: eighteen (18) years old or over; legally capable of entering into binding contracts; and not in any way prohibited by the applicable law to enter into these Terms in the jurisdiction which you are currently located.

You may use the Website as an unregistered user, however, you are required to register as a user if you wish to read the full text of the Content or to receive the Services.

You may not modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, link, display, or in any way exploit any of the Content, in whole or in part, except as expressly permitted in these Terms or with the prior written consent of Mondaq. You may not use electronic or other means to extract details or information from the Content. Nor shall you extract information about users or Contributors in order to offer them any services or products.

In your use of the Website and/or Services you shall: comply with all applicable laws, regulations, directives and legislations which apply to your Use of the Website and/or Services in whatever country you are physically located including without limitation any and all consumer law, export control laws and regulations; provide to us true, correct and accurate information and promptly inform us in the event that any information that you have provided to us changes or becomes inaccurate; notify Mondaq immediately of any circumstances where you have reason to believe that any Intellectual Property Rights or any other rights of any third party may have been infringed; co-operate with reasonable security or other checks or requests for information made by Mondaq from time to time; and at all times be fully liable for the breach of any of these Terms by a third party using your login details to access the Website and/or Services

however, you shall not: do anything likely to impair, interfere with or damage or cause harm or distress to any persons, or the network; do anything that will infringe any Intellectual Property Rights or other rights of Mondaq or any third party; or use the Website, Services and/or Content otherwise than in accordance with these Terms; use any trade marks or service marks of Mondaq or the Contributors, or do anything which may be seen to take unfair advantage of the reputation and goodwill of Mondaq or the Contributors, or the Website, Services and/or Content.

Mondaq reserves the right, in its sole discretion, to take any action that it deems necessary and appropriate in the event it considers that there is a breach or threatened breach of the Terms.

Mondaq’s Rights and Obligations

Unless otherwise expressly set out to the contrary, nothing in these Terms shall serve to transfer from Mondaq to you, any Intellectual Property Rights owned by and/or licensed to Mondaq and all rights, title and interest in and to such Intellectual Property Rights will remain exclusively with Mondaq and/or its licensors.

Mondaq shall use its reasonable endeavours to make the Website and Services available to you at all times, but we cannot guarantee an uninterrupted and fault free service.

Mondaq reserves the right to make changes to the services and/or the Website or part thereof, from time to time, and we may add, remove, modify and/or vary any elements of features and functionalities of the Website or the services.

Mondaq also reserves the right from time to time to monitor your Use of the Website and/or services.

Disclaimer

The Content is general information only. It is not intended to constitute legal advice or seek to be the complete and comprehensive statement of the law, nor is it intended to address your specific requirements or provide advice on which reliance should be placed. Mondaq and/or its Contributors and other suppliers make no representations about the suitability of the information contained in the Content for any purpose. All Content provided "as is" without warranty of any kind. Mondaq and/or its Contributors and other suppliers hereby exclude and disclaim all representations, warranties or guarantees with regard to the Content, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement. To the maximum extent permitted by law, Mondaq expressly excludes all representations, warranties, obligations, and liabilities arising out of or in connection with all Content. In no event shall Mondaq and/or its respective suppliers be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use of the Content or performance of Mondaq’s Services.

General

Mondaq may alter or amend these Terms by amending them on the Website. By continuing to Use the Services and/or the Website after such amendment, you will be deemed to have accepted any amendment to these Terms.

These Terms shall be governed by and construed in accordance with the laws of England and Wales and you irrevocably submit to the exclusive jurisdiction of the courts of England and Wales to settle any dispute which may arise out of or in connection with these Terms. If you live outside the United Kingdom, English law shall apply only to the extent that English law shall not deprive you of any legal protection accorded in accordance with the law of the place where you are habitually resident ("Local Law"). In the event English law deprives you of any legal protection which is accorded to you under Local Law, then these terms shall be governed by Local Law and any dispute or claim arising out of or in connection with these Terms shall be subject to the non-exclusive jurisdiction of the courts where you are habitually resident.

You may print and keep a copy of these Terms, which form the entire agreement between you and Mondaq and supersede any other communications or advertising in respect of the Service and/or the Website.

No delay in exercising or non-exercise by you and/or Mondaq of any of its rights under or in connection with these Terms shall operate as a waiver or release of each of your or Mondaq’s right. Rather, any such waiver or release must be specifically granted in writing signed by the party granting it.

If any part of these Terms is held unenforceable, that part shall be enforced to the maximum extent permissible so as to give effect to the intent of the parties, and the Terms shall continue in full force and effect.

Mondaq shall not incur any liability to you on account of any loss or damage resulting from any delay or failure to perform all or any part of these Terms if such delay or failure is caused, in whole or in part, by events, occurrences, or causes beyond the control of Mondaq. Such events, occurrences or causes will include, without limitation, acts of God, strikes, lockouts, server and network failure, riots, acts of war, earthquakes, fire and explosions.

By clicking Register you state you have read and agree to our Terms and Conditions