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.