Australia: Victorian Government Bulletin - In the media, in practice and courts, reports, cases and legislation

Last Updated: 29 November 2019

In the media

Law Institute of Victoria calls for stamp duty reform to protect elder financial abuse victims
Victims of elder financial abuse should be protected from paying stamp duty on property transfers when they recover their stolen real estate, according to the Law Institute of Victoria (22 November 2019). More...

Multispecies justice: A new approach to a growing environmental threat
Confronting another climate change summer of extremes, it's obvious the future of humans and the health of the environment are inextricably linked. New theories of justice must respond to this ecological entanglement (20 November 2019). More...

'A win for the people': Companies convicted over Hazelwood mine fire
Hazelwood Power Corporation failed to take key steps to avoid a coalmine fire that raged for 45 days, blanketing the local community in thick smoke and coal dust, a Supreme Court jury finds (20 November 2019). More...

OIC Queensland: How will you deal with personal information in an emergency?
When it comes to extreme weather events in Queensland, it's not a matter of 'if' but 'when'. Bushfire season has started earlier than expected this year and conditions look set to continue if there is no significant rainfall (20 November 2019). More...

New Pro Bono platform to increase access to justice
The Andrews Labor Government is supporting the launch of a new online system that will improve access to legal representation for the state's most vulnerable and disadvantaged people. The new platform will allow courts to refer self-represented litigants to barristers for pro bono services (19 November 2019). More...

Robodebt under review
The government will no longer rely entirely on automated processes to chase welfare debt after a backdown on the controversial robodebt system. Critics say it resulted in errors, incorrect debts and unnecessary hardship for welfare recipients (19 November 2019). More...

Govt targets foreign interference on campus
Universities will have to inform the government of any identified risk of foreign interference under new guidelines developed across both sectors. Interference risks identified in the guidelines include cyber attacks; attempts to direct research; intellectual property theft and moves to steal away researchers and academic staff (18 November 2019). More...

Make your mark on graffiti laws
A review of NSW's graffiti laws is giving people across the State the opportunity to make their own mark in shaping these laws for the future (18 November 2019). More...

Deficiencies in Victoria Police review of Inflation night club shooting
Victoria's independent police oversight agency, IBAC, has found Victoria Police failed to properly examine and review police conduct following a critical incident at the Inflation nightclub in 2017, instead focusing on the actions of civilians and not police officers (14 November 2019). More...

New Laws To Modernise Appeals In Victoria
New laws to modernise Victoria's criminal appeals system have passed Parliament today, making appeal proceedings more efficient and reducing the burden on victims and witnesses (14 November 2019). More...

Highly regarded leader appointed new CEO of Victoria's anti-corruption commission

Victoria's independent anti-corruption commission, IBAC, today announced that highly experienced public sector leader and legal practitioner Marlo Baragwanath has been appointed as its new CEO (12 November 2019). More...

In practice and courts

ACICA launch Australian Arbitration Survey
ACICAhas launched theAustralian Arbitration Surveyto gather empirical evidence from practitioners as what works in arbitration and what can be improved on. To take the survey it is necessary to first obtain a respondent number from ACICA. More...

AHRC: Submission date extended for the National Conversation - have your say

The Australian Human Rights Commission has extended the date to hear from anyone on the key human rights priorities for Australia into the future. Submissions for the Free and Equal: An Australian conversation on human rights project will be kept open until 29 November 2019. More...

Current Consultations

Legal and Constitutional Affairs References Committee – November 2019
Impact of changes to service delivery models on the administration and running of Government programs
Nationhood, national identity and democracy
Native Title Legislation Amendment Bill 2019
Customs Amendment (Product Specific Rule Modernisation) Bill 2019 [Provisions]
Crimes Legislation Amendment (Sexual Crimes Against Children and Community Protection Measures) Bill 2019 [Provisions]

Rural and Regional Affairs and Transport References Committee
Federal Government's response to the drought, and the adequacy and appropriateness of policies and measures to support farmers, regional communities and the Australian economy

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. 46/2019,18 November 2019. More...

Victoria

Auslan Parliament Bulletin launched
A parliament news bulletin in Auslan has been launched to help make information about the Victorian Parliament more accessible (12 November 2019).

Auditor-General's Report on the Annual Financial Report of the State of Victoria: 2018-19
13th November 2019 - The 2018–19 Annual Financial Report of the State of Victoria (AFR) informs Parliament and the citizens of Victoria about the financial transactions and position of the state. It was tabled in Parliament by the Treasurer of Victoria on 15 October 2019. More...

OVIC updated Guidelines to the Information Privacy Principles
OVIC has published updated Guidelines to the Information Privacy Principles. The updated Guidelines reflect the significant changes that have occurred in the privacy space since 2011, when the guidance was last updated (14 November 2019). More...

OVIC Training for Public Sector
11 December Advanced Exemptions in the Freedom of Information Act
10 December Core Exemptions in the Freedom of Information Act

Judicial College launches new website
The Judicial College of Victoria's new website is now live. The site has been developed to make it easier to users to access College publications and resources, which have been categorised by area of law to assist and speed up user searches (22 November 2019). More...

New Report Asks, Can an Offender's Deportation Affect Sentencing
Sentencing Advisory Council, 19 November 2019. The Council has today released a report reviewing how Victorian courts take deportation into account in sentencing. The report finds that, in Victoria, an offender's potential deportation could be taken into account in sentencing in four ways, and identifies three key issues that may benefit from further judicial guidance. More...

Sentencing Advisory Council: New Sentencing Statistics Released for the Magistrates' Court
The Sentencing Advisory Council's public 'SACStat' database of sentencing statistics has been updated with three years of new data for offences sentenced in the Magistrates' Court of Victoria. The new data gives users access to a wealth of information about 500 offences sentenced. The Sentencing Advisory Council has published a two-page guide with handy hints to help users get across SACStat's counting rules (15 November 2019).

Library Bulletin
The Law Library ofVictoriaproduces a fortnightly bulletin that summarises the latest legislation and cases for the Victorian jurisdiction, as well as High Court of Australia cases. (22November 2019). More...

Tabled Documents in Parliament – 14 November 2019
14/11/2019 - Person referred to in the Legislative Assembly – Cr Peter Clarke
14/11/2019 - Victoria Police - Report 2018-19 under s 133 of the Criminal Organisations Control Act 2012
13/11/2019 - Ombudsman - Investigation into improper conduct by a Council employee at the Mildura Cemetery Trust

Published – articles, papers, reports

Maintaining Trust in the Parliamentary Process — PACs and Officers of the Parliament
ANAO: 22 November 2019
The Auditor-General, Grant Hehir, delivered a presentation to the 15th Biennial Australasian Council of Public Accounts Committees (ACPAC) Conference held at Parliament House, Canberra, on 7 November 2019. The presentation was titled Maintaining Trust in the Parliamentary Process — PACs and Officers of the Parliament. More...

Implementation of recommendations
ANAO: 14 November 2019
This edition of audit insights considers the approaches entities are taking to implement recommendations to improve public administration practices and outcomes. More...

Evidence based policy research project: 20 case studies 2019
Matthew Lesh; Institute of Public Affairs: 15 November 2019
The aim of this project was to coax more evidence-based policy decisions by all tiers of government by reviewing and rating 20 high profile government decisions against the Wiltshire business case criteria. More...

Guidelines to counter foreign interference in the Australian university sector
University Foreign Interference Taskforce; Department of Education (Australia): 14 November 2019
These guidelines have been developed for, and in partnership with, the Australian university sector, to help manage and engage with risk to deepen resillience against foreign interference. They are designed to build on risk management policies and security practices already implemented by many Australian universities. More...

Cases

'RI' and Department of Home Affairs (Freedom of information) [2019] AICmr 71
Freedom of Information — Whether disclosure would prejudice lawful methods or procedures — Whether disclosure would have a substantial adverse effect on the proper and efficient conduct of the operations of an agency — Whether disclosure is contrary to the public interest — (CTH) Freedom of Information Act 1982 ss 11A, 37(2)(b) and 47E(d)

Kinchington Estate Pty Ltd v Wodonga City Council [2019] VSC 745
ADMINISTRATIVE LAW – Judicial review – Order 56 – Agreement under s 173 of the Planning and Environment Act 1987 (Vic) – Applications by registered proprietor to amend s 173 agreement – Council refusal to agree in principle to s 173 amendment applications – Refusal by Council to furnish statement of reasons – Whether Council was acting as a 'tribunal' when decisions were made – Definition of 'tribunal' considered – Procedural fairness – No 2 Pitt Street Pty Ltd v Wodonga City Council (No 3) [1999] 3 VR 439; Muldoon v Melbourne City Council [2013] FCA 994; (2013) 217 FCR 450 referred to and applied – Administrative Law Act 1978 (Vic) ss 2, 8(1) – Planning and Environment Act 1987 (Vic) ss 177, 178A, 178B, 178C-178I.

LJU v Hoffman (Human Rights) (Corrected) [2019] VCAT 1429
Health Records Act 2001 section 18 - Health Privacy Principles – whether a health practitioner has breached the Health Records Act 2001 section 18 and Health Privacy Principles 2, 3 and 4.

The complaints in relation to the breaches of Health Privacy Principles 2, 3 and 4 are proven.

David Hoffman to pay to LJU the sum of $39,420.00.

Wellington v Surf Coast Shire (Review and Regulation) [2019] VCAT 1811
Freedom of Information Act 1982 – email provided to municipal councillors and officers by applicant in support of planning permit application – whether exempt as personal information or information received in confidence –ss 33, 35(1)(a) (invoking s 30), 35(1)(b).

Legislation

Commonwealth

ASIC Corporations (Whistleblower Policies) Instrument 2019/1146
14/11/2019 - This instrument provides relief to public companies limited by guarantee that operate on a not-for-profit basis and have annual consolidated revenue of less than $1 million from the requirement to have a whistleblower policy under s1317AI(1) of the Corporations Act 2001.

ASIC Corporations (Whistleblower Policies) Instrument 2019/1146
Victoria

Acts
Justice Legislation Amendment (Criminal Appeals) Act 2019
Date of assent: 19 November 2019 Act Number: 44/2019
Justice Legislation Amendment (Serious Offenders and Other Matters) Act 2019
Date of assent: 19 November 2019 Act Number: 45/2019

Bills
Drugs, Poisons and Controlled Substances Amendment (Pill Testing Pilot for Drug Harm Reduction) Bill 2019
Date of second reading speech: 13 November 2019

Passed Parliament (will now go to the Governor for royal assent) – 15 November 2019
Justice Legislation Amendment (Serious Offenders and Other Matters) Bill 2019
Justice Legislation Amendment (Criminal Appeals) Bill 2019

Statutory Rules

Reminder:
No 106 County Court (Chapter I Circuit Fees, Expenses and Allowances Amendment) Rules 2019 These Rules come into operation on 1 January 2020

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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