In the media
New credit reporting arrangements to facilitate better
lending deals for consumers and protect vulnerable consumers
New credit reporting arrangements will improve
transparency for credit providers of customers who have entered
into financial hardship arrangements and enable people experiencing
financial difficulty. Changes to the Privacy Act will
support the Government's mandatory comprehensive credit
reporting regime, which will increase lending competition and
deliver better deals for Australian consumers (02 August 2019).
More...
LCA: Citizenship stripping should rely on conviction by
court, may be unconstitutional
The Law Council of Australia has expressed serious
concerns regarding current laws that allow terror suspects to be
stripped of Australian citizenship ahead of the PJCIS hearing. The
government should not pursue a policy of exclusion that could see
potential terrorists shipped to another jurisdiction, which may not
have adequate security infrastructure and respect for the rule of
law (02 August 2019).
More...
Commission plans to reform discrimination law
An 11 point plan for reforming federal discrimination law
was released by Commission President, Emeritus Professor Rosalind
Croucher. The discussion paper identifies the problematic operation
of permanent exemptions in the SDA, DDA and ADA (01 August 2019).
More...
Strengthening Australia's counter-terrorism
laws
The Counter-Terrorism Legislation Amendment (2019 Measures
No. 1) Bill 2019, will make it harder for high risk terrorist
offenders to get out of jail – even when they have served
their full sentence – by closing a loophole which prevented
some from being served with continuing detention orders (01 August
2019).
More...
Australia appoints first-ever independent examiner to
investigate corporate human rights abuses overseas
The Human Rights Law Centre welcomes the Federal
Government's appointment of Mr John Southalan as the first-ever
Australian independent examiner charged with investigating reported
instances of corporate misconduct by Australian multinationals (31
July 2019).
More...
Respected judge to lead Victorian Law Reform
Commission
The Andrews Labor Government has announced the appointment
of former Justice the Hon. Anthony North as the Chairperson of the
Victorian Law Reform Commission (30 July 2019).
More...
ACCC points finger at digital giants
The ACCC has published a
report of its inquiry into the impact of digital platforms on
competition in Australia's media and advertising markets. The
ACCC report contains 23 recommendations spanning competition law,
consumer protection, media regulation and privacy law (29 July
2019).
More...
Consumer watchdog calls for new measures to combat
Facebook and Google's digital dominance
The ACCC recommends substantial changes to Australian
Consumer Law, to address the huge inequalities in bargaining power
between digital platforms and consumers when it comes to terms of
use, and particularly privacy (29 July 2019).
More...
New security guide for MoG changes
The Australian Cyber Security Centre has developed a
new publication to assist Agencies and businesses going through
Machinery of Government or other changes to manage the increased
cyber security risks the changes bring (29 July 2019).
More...
OAIC welcomes privacy law update to protect
Australians' personal information
The national privacy regulator welcomed the Australian
Government's recognition that privacy laws must be strengthened
to ensure they are fit for purpose in the digital age (26 July
2019).
More...
Protocol to provide balanced framework for Legal
Professional Privilege claims
A new protocol dealing with legal professional privilege
(LPP) being developed by the Law Council of
Australia and the Australian Tax Office will help avoid unnecessary
and protracted disputes over claims of LLP (26 July 2019).
More...
Passing of TEO Bill sets dangerous precedent, undermines
PJCIS
The Law Council of Australia is disappointed the Federal
Government's Temporary Exclusion Orders (TEO)
Bill has passed the Senate, reiterating concerns about its
constitutional validity. Providing ASIO with the power to secretly
and immediately detain persons whether or not they are suspected of
terrorism-related activities is a clear overreach (25 July 2019).
More...
VLRC calls for submissions for review of
committals
The Commission has been asked by the state government to
determine whether the process can be made more efficient while
reducing the trauma to victims of crime and ensuring fair trial
rights. Options under consideration include reforming the process
or abolishing committals completely (24 July 2019).
More...
New CTH Bill to create offences for activists who incite
trespass, damage, or theft against farmers
The Criminal Code Amendment (Agricultural Protection) Bill
2019 (CTH) was introduced to the House of Representatives by
Attorney-General, Christian Porter. The Bill aims to deter
individuals from sharing personal information of farmers to incite
offences against them. Under the Bill, it would be illegal for
groups and individuals to promote such events online on any
carriage service (23 July 2019). More...
Statutory review of the amalgamated AAT
The Government has tabled the Statutory Review of the
amalgamated Administrative Appeals Tribunal. The Administrative
Appeals Tribunal was amalgamated with the former Social Security
Appeals Tribunal, the Migration Review Tribunal and the Refugee
Review Tribunal, following the commencement of the Tribunals
Amalgamation Act 2015 on 1 July 2015 (23 July 2019).
More...
Whole-of-Government Legal Services Panel commences
The Morrison Government has launched a new era in the
provision of legal services to the Commonwealth, with the
commencement of the first Whole of Government Legal Services Panel.
The Panel, comprising more than 60 specialist legal providers from
across Australia and across a wide range of service expertise, will
provide the bulk of the Commonwealth's external legal services
until 2024 (16 August 2019).
More...
'Creeping crisis' of legitimacy for Australian
public service
Australia's public sector faces a "creeping
crisis" of effectiveness and legitimacy caused by blunt
management tools and cultural inertia, according to a wide-ranging
survey of public servants (15 August 2019).
More...
Lawyers fear Australia more open to hacks, leaks after
High Court ruling on Glencore
Could Australia become a more desirable place for hackers
to leak stolen and legally privileged documents (15 August 2019).
More...
Family violence reporting tool goes live across
Victoria
Frontline police officers across Victoria now have access
to a new family violence reporting tool to ensure timely and more
accurate incident reports can be filed in the field. The new tool
allows police to make better decisions based on the information
they collect when they respond to a family violence incident,
improving accuracy and ensuring prompt referrals (14 August 2019).
More...
Why an Australian charter of rights is a matter of
national urgency
If anyone doubts the need for a charter of rights in
Australia, the Banerji decision of the High Court handed down
demonstrates why legislative protection for our common law freedoms
has become a matter of national urgency (13 August 2019).
More...
Get the balance right on farm trespass laws, says Law
Council
Proposed farm incitement of trespass laws would duplicate
existing state and territory provisions and could stifle legitimate
public debate, says the Law Council of Australia. While the Law
Council recognised trespass, property damage and theft was unlawful
and could cause harm to farming properties, all jurisdictions
already had laws criminalising the incitement of such conduct (12
August 2019).
More...
Online platform probe open for comment
The Treasury has launched a 12-week consultation process
to collect stakeholder views on the findings of the Australian
Competition and Consumer Commission's inquiry into online
digital platforms and implications for news media businesses,
advertisers and consumers (12 August 2019).
More...
New whistleblower guide hits high note
The ASIC is calling for public input on proposed guidance
for private companies facing legal obligations to implement
whistleblower management policies. ASIC has produced a consultation
paper and draft regulatory guide to assist in the consultation
process (12 August 2019).
More...
CCC to conduct public hearing into access and misuse of
confidential information
The CCC has launched Operation Impala to examine the
misuse of personal and sensitive information by public sector
agencies. A public hearing will be held in November 2019 (09 August
2019).
More...
"A sorry tale indeed": Ombudsman calls for end
to saga affecting owners of Ninety Mile Beach land
Owners of land that cannot be built on along
Gippsland's Ninety Mile Beach should be refunded rates and
waste charges, Victorian Ombudsman Deborah Glass has recommended,
ending a 65-year-long saga, where a developer lured people, mostly
migrants from Europe, to buy land promoted as a 'slice of
paradise on Victoria's Gold Coast'. (07 August 2019).
More...
ACMA issues $88,200 in infringement notices under NBN
rules
The Australian Communications and Media Authority
(ACMA) has issued its first infringement notices
under rules designed to ensure telcos provide consumers with
adequate information about their National Broadband Network
(NBN) services (07 August 2019).
More...
In practice and courts
LSC: Public consultation re proposed new rules regarding
practice administration
The Legal Services Council has opened the 30-day public
consultation period on proposed new rules regarding practice
administration (26 July 2019).
More...
VICBAR: Subpoenas for production of documents in the My
Health record system
The Australian Digital Health Agency has contacted the Bar
requesting we draw to our members' attention the provisions of
section 69 of the My Health Records Act 2012 (Cth) and the
limited circumstances in which the Agency can be required to
disclose health information included in a healthcare
recipient's My Health Record to a court or tribunal or coroner
(02 August 2019).
More...
OVIC: Agency reporting obligations - August 2019
Reporting
While OVIC analyses these submissions, your agency's
protective data security obligations under the Framework remain
unchanged. This includes reporting obligations under Standard 12.
Agencies must submit their 2019 attestation to OVIC by 30 of
August, 2019. For more information about the August 2019 reporting
requirements, please see the
letter to agencies
Option 1 – Single Organisation 2019 Attestation Template
and
Option 2 – Multiple Organisation 2019 Attestation
Template.
VICBAR: Equitable briefing policy reporting
2018-19
The 2018-2019 financial year has recently ended, and
annual reports of briefing entities who have adopted the Law
Council's Equitable Briefing Policy are due by 30 September
2019. The
Equitable Briefing Policy Reporting Template and Guidelines
provide information on the reporting requirements and the reporting
template.
VLRC Reminder: Reform of committals system: VLRC calls
for submissions
The Victorian Law Reform Commission is calling for
submissions to a review that could lead to important changes to the
state's committals system. Options under consideration include
reforming the process or abolishing committals completely. 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...
Attorney General: Purchasing legal services - Whole of
Australian Government Legal Services Panel
The Whole of Australian Government Legal Services Panel
commenced on 15 August 2019.
The panel consists of five broad Areas of Law, comprising a number
of Practice Areas as set out
here.
LCA Note: Glencore International Ag
and Ors v Commissioner of Taxation of the Commonwealth of Australia
and Ors
High Court judgment: The Law Council of Australia has
issued a note on the decision of the High Court of Australia in
Glencore International Ag and Ors v Commissioner of Taxation of
the Commonwealth of Australia and Ors (15 August 2019).
More...
Investigation into Wellington Shire Council's
handling of Ninety Mile Beach subdivisions
Read our full report on an
Investigation into Wellington Shire Council's handling of
Ninety Mile Beach subdivisions.
Inquiry into the impact of animal rights activism on
Victorian agriculture - public hearings
Industry representatives will present to the Legislative
Council's Economy and Infrastructure Committee in Bairnsdale
and Warragul. Unauthorised activity on farms and other topics will
be discussed. More...
OVIC: Myki incident- lessons for organisations
OVIC has published an
investigation report about the disclosure of myki travel
information by Public Transport Victoria, now part of the
Department of Transport. This post summarizes some lessons from
this investigation for organisations that hold data about people
and their activities – particularly those organisations that
want to release or use their data holdings in a de-identified form
(15 August 2019).
More...
OVIC: Myki incident- FAQs for the public
OVIC has published an investigation report about the
release of individuals' public transport data. This post
contains some frequently asked questions for members of the
community who may be concerned about this incident (15 August
2019).
More...
Published – articles, papers, reports
Digital Platforms Inquiry: Final report
Australian Competition and Consumer Commission: 26 July
2019
The dominance of the leading digital platforms and their impact
across Australia's economy, media and society must be addressed
with significant and holistic reform, according to this final
report of the ACCC's Digital Platforms Inquiry. More...
Data is a development issue
Susan Ariel Aaronson; Centre for International Governance
Innovation: 24 July 2019
This paper uses a wide range of metrics to show that most
developing and middle-income countries are not ready or able to
provide an environment where their citizens' personal data is
protected and where public data is open and readily accessible. More...
Party leadership changes and challenges: A quick
guide
Parliament of Australia: 29 July 2019
This quick guide outlines the current rules relating to the
election of leaders for the four largest federal parliamentary
parties: The Liberal Party, the Nationals, the Australian Labor
Party and the Australian Greens. Appendices provide prime
ministerial changes since 2007 together with a list of the changes
and challenges to leaders of the Liberal Party, the Nationals, and
the ALP.
More...
Disclosure of myki travel information
Office of the Victorian Information Commissioner: 15
August 2019
This report on the investigation into the release of myki data
demonstrates that deficiencies in data governance and risk
management can undermine the protection of privacy, even where the
project is well-intentioned. More...
ANAO Annual Report 2018-19
ANAO: 14 August 2019
This annual report documents the performance of the Australian
National Audit Office (ANAO) in the financial year
ended on 30 June 2019. The report addresses all applicable
obligations under the Public Governance, Performance and
Accountability Act 2013; the Public Governance, Performance
and Accountability Rule 2014; the Auditor-General Act
1997.
More...
Implementation of ANAO and parliamentary committee
recommendations
Australian National Audit Office: 05 August 2019
The objective of the audit was to examine whether selected entities
implemented agreed ANAO performance audit, the Joint Committee of
Public Accounts and Audit, and other parliamentary committee
recommendations.
More...
Whistleblower policies: Consultation paper
Australian Securities and Investments Commission: 07
August 2019
This consultation paper seeks feedback on our proposed guidance for
entities that must have a whistleblower policy – public
companies, large proprietary companies and proprietary companies.
More...
Cases
'QZ' and Australian Criminal Intelligence
Commission (Freedom of information) [2019]
AICmr 57
Freedom of Information – whether reasonable steps
taken to locate documents – whether disclosure would have a
substantial adverse effect on the management or assessment of
personnel – whether contrary to public interest to release
conditionally exempt documents – (CTH) Freedom of
Information Act 1982 ss 11A(5), 24A and 47E(c)
Self Care Corporation Pty Limited and Department of
Health (Freedom of information) [2019] AICmr
56
Freedom of Information – access Grant –
whether documents contain commercially valuable information –
whether disclosure would unreasonably affect an organisation in
respect of its lawful business affairs – whether contrary to
the public interest to release conditionally exempt documents
– (CTH) Freedom of Information Act 1982 ss 11A(5),
47(1)(b) and 47G(1)(a)
Russell v Eaton & Anor [2019]
VSC 464
ADMINISTRATIVE LAW – application for judicial review
of judgment of the County Court of Victoria imposing fines for
contravention of ss 9(1)(d) and 23 of the Summary Offences Act
1966 – application dismissed.
PRACTICE AND PROCEDURE – application for adjournment of trial
– application for recusal of trial judge on ground of
apprehended bias – applications refused – Crimes
Act 1958 ss 71, 322G, 623 – Criminal Procedure Act
2009 s 254 – Summary Offences Act 1966 ss 9, 23
– Supreme Court (General Civil Procedure) Rules 2015 Order
56.
Comptroller-General of Customs v Leggo
[2019] VSC 501
ADMINISTRATIVE LAW – statutory interpretation
– appeal from the Magistrates' Court on a question of law
under s 109 of the Magistrates' Court Act 1989 (Vic)
– whether Magistrate misconstrued definitions of
'firearm' and 'imitation' in Customs (Prohibited
Imports) Regulations 1956 (Cth) – whether Magistrate's
conclusion that imported handgun was not a 'blank-fire
firearm' involved errors of statutory interpretation –
whether Magistrate failed to give an adequate statement of reasons
– error shown – appeal allowed – proceeding
remitted to Magistrates' Court for rehearing –
Magistrates' Court Act 1989 s 109 – Customs
(Prohibited Imports) Regulations 1956 (Cth) r 4F(4) (definition of
'firearm' and 'imitation').
Martin v Magistrates' Court of Victoria &
Anor [2019] VSC
493
PRACTICE AND PROCEDURE – application for extension
of time to commence proceeding outside of 60 day period prescribed
by O56.02(1) of the Supreme Court (General Civil Procedure) Rules
2015 – whether special circumstances warrant the grant of
extension of time – special circumstances exist –
extension of time granted.
ADMINISTRATIVE LAW – application for certiorari quashing
orders of Magistrates' Court imposing conviction and passing
sentence beyond jurisdiction – whether abuse of process or
improper purpose bringing proceedings by way of Order 56 where
appeal pursuant to s 272 of the Criminal Procedure Act
2009 (Vic) available – discretionary – certiorari
granted.
Hashimi v Yong & Ors [2019]
VSC 496
ADMINISTRATIVE LAW – judicial review – opinion
of a Medical Panel – Order 56 – certiorari to quash the
determination of the Medical Panel – procedural fairness
– causation – whether conclusions of the Medical Panel
were able to be reasonably anticipated – whether the
Plaintiff had a reasonable opportunity to be heard on a
determinative issue – error established – Accident
Compensation Act 1985 ss 82(1), 98C – Workplace
Injury Rehabilitation Act 2013 ss 5(1), 284.
Chopra v Department of Education and
Training [2019] VSC
488
ADMINISTRATIVE LAW – appeal from procedural orders
of Victorian Civil and Administrative Tribunal – whether
leave to appeal from Tribunal should be given – no real
prospect of success – proposed appeal of procedural orders
would fragment proceeding and would be pointless – leave to
appeal refused – Victorian Civil and Administrative
Tribunal Act 1998 (Vic), s 148.
FREEDOM OF INFORMATION – deemed decision to refuse access to
documents requested under Freedom of Information Act
1982, s 53 – interaction between Freedom of
Information Act 1982, s 53 and Victorian Civil and
Administrative Tribunal Act 1998, s 51A – no
inconsistency – in reviewing a deemed refusal, Tribunal can
consider whether access should be refused under Freedom of
Information Act 1982, s 25A – Freedom of Information
Act 1982 (Vic), ss 25A, 50(1)(ea), 53; Victorian Civil and
Administrative Tribunal Act 1998 (Vic), ss 51A, 159.
ADMINISTRATIVE LAW – whether error in Tribunal's
management of proceeding – no error – not appropriate
to refer questions of law to Supreme Court – fairness did not
require further directions hearing – Tribunal did not mislead
appellant – Tribunal dealt fairly with appellant as
self-represented litigant – whether Tribunal gave inadequate
reasons – Tribunal not obliged to give reasons for interim
orders – reasons were given and were adequate –
Victorian Civil and Administrative Tribunal Act 1998
(Vic), ss 96, 100, 117.
Williams v University of Melbourne
(Review and Regulation) [2019] VCAT
1215
Freedom of Information Act 1982 ss 8, 30(1),
30(2) – access sought to guidelines relating to Graduate
Access Melbourne program – whether document exempt as
internal working document –whether document contains matter
provided for the use or guidance of, or which is used or may be
used for, the purpose of making decisions or recommendations, or
enforcing enactments or schemes.
Country Fire Authority v Bryant
(Review and Regulation) [2019] VCAT
1141
Freedom of Information Act 1982 – dispute
within Country Fire Authority Brigade - investigation - applicant
seeks documents relevant to the investigation – whether
documents exempt under sections: 30(1) internal working documents
exemption, 33(1) personal affairs exemption and/or 35(1)(b)
document is provided in confidence exemption.
Legislation
Acts
Counter-Terrorism (Temporary Exclusion Orders)
(Consequential Amendments) Act 2019
31/07/2019 - Act No. 54 of 2019
Counter-Terrorism
(Temporary Exclusion Orders) (Consequential Amendments) Act
2019
Counter-Terrorism (Temporary Exclusion Orders) Act
2019
31/07/2019 - Act No. 53 of 2019 Counter-Terrorism
(Temporary Exclusion Orders) Act 2019
Bills
Treasury Laws Amendment (Consumer Data Right) Bill
2019
Finally passed both Houses 01 August 2019 - Amends the
Competition and Consumer Act 2010, Australian
Information Commissioner Act 2010 and Privacy Act
1988 to create the Consumer Data Right to provide individuals
and businesses with a right to access specified data in relation to
them held by businesses.
Criminal Code Amendment (Agricultural Protection) Bill
2019
House of Representatives Third reading agreed to 01 August
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. The Bill contains exemptions for
journalists and those who are making lawful disclosures of
information, including whistleblowers.
Identity-matching Services Bill
2019
HR Second reading moved 31 Jul 2019 - The Bill will
facilitate the secure, automated and accountable exchange of
identity information between the Commonwealth and state and
territory governments, pursuant to the objectives of the
Intergovernmental Agreement on Identity Matching Services.
Royal Commissions Amendment (Private Sessions) Bill
2019
Senate Second reading moved 31 Jul 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.
Fair Work (Registered Organisations) Amendment (Ensuring
Integrity) Bill 2019
Senate Second reading moved 31 Jul 2019. Amendments
include certain serious criminal offences as a new category of
'prescribed offence' for the purposes of the automatic
disqualification regime in relation to registered organisations;
establish an offence for a disqualified person to continue to act
as an official or in a way that influences the affairs of an
organisation; allow the Federal Court to disqualify officials from
holding office in certain circumstances or if they are otherwise
not a fit and proper person; allow the Federal Court to cancel the
registration of an organisation on a range of grounds
Landholders' Right to Refuse (Gas and Coal) Bill
2015
Senate Restored to Notice Paper 31 Jul 2019. The bill:
provides that Australian landholders have the right to refuse the
undertaking of gas and coal mining activities by corporations on
their land without prior written authorisation; sets out the
requirements of a prior written authorisation; provides for relief
which a court may grant a land owner when prior written
authorisation is not provided; prohibits hydraulic fracturing for
coal seam gas, shale gas and tight gas by corporations; and
provides for civil penalties.
Australian Security Intelligence Organisation Amendment
(Sunsetting of Special Powers Relating to Terrorism Offences) Bill
2019
Assent Act no: 61 Year: 2019 – 12 Aug 2019
Amends the Australian Security Intelligence Organisation Act
1979 to extend the operation of the Australian Security
Intelligence Organisation's questioning and detention powers
for a further 12 months to 7 September 2020
Victoria
Act commencements
No 37
Racing Amendment (Integrity and Disciplinary Structures) Act
2018
Date of commencement: 1 August 2019; Section 6, Part 3 (sections
8-25), Part 5 (sections 33, 34), Part 6 (section 35) of this Act
came in by forced commencement on 01 August 2019 s.2(2)
No 33
Justice Legislation Amendment (Family Violence Protection and
Other Matters) Act 2018
Date of commencement: 31 July 2019 - Sections 14(1), 17, 18, 20,
21, 28, 29, 72-75, 79-106, 108-115 of this Act came into operation
on 31 July 2019 (SG306 30.7.2019)
Statutory Rules
No 65
Victorian Independent Remuneration Tribunal and Improving
Parliamentary Standards (Prescribed Public Entities) Regulations
2019 23 July 2019
No 66
Racing (Integrity and Disciplinary Structures) Regulations 2019
30 July 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.