In the media
Poorly managed conflicts of interest enable corruption
in Victoria - IBAC report finds
Poorly managed conflicts of interest remain a major
enabler of corruption according to a report released by the
state's anti-corruption body, IBAC (25 October 2019).
More...
APS information proving popular
The Australian Information Commissioner and Privacy
Commissioner, Angelene Falk has revealed that privacy complaints
and freedom of information requests involving the Australian Public
Service (APS) increased in the past financial year (24 October
2019).
More...
Report on identity-matching strikes the right
balance
The Law Council supports bipartisan recommendations by the
Parliamentary Joint Committee on Intelligence and Security to
include greater safeguards and privacy protections in the
Identity-matching Services Bill 2019, but the committee
has recommended the Bill and the related Australian Passports
Amendment (Identity-matching Services) Bill 2019 (Passports Bill)
be redrafted (24 October 2019).
More...
Increase in complaints shows continuing relevance of
Ombudsman office to Victorians
Complaints to the Victorian Ombudsman increased by 14 per
cent over the past year, while the number of protected disclosure
(whistleblower) matters looked into has tripled since 2015 (24
October 2019).
More...
IBAC to hold public hearings into allegations of
corruption in local government planning and property development
decisions at Casey council
IBAC, the state's independent anti-corruption body,
will hold public hearings next month into allegations of serious
corrupt conduct in relation to planning and property development
decisions at the Casey city council (24 October 2019).
More...
AEC enrolls new election webpage
The Australian Electoral Commission (AEC)
has launched a new Transparency Register on its main website to
improve public access to the data political parties and candidates
are required to lodge at each election (21 October 2019).
More...
Privacy complaints, FOI reviews on rise in
2018–19
Increases in privacy complaints and freedom of information
requests and reviews last year demonstrate the increasing value the
community places on information, according to Australian
Information Commissioner and Privacy Commissioner (21 October
2019).
More...
New OVIC online learning module: Managing the privacy
impacts of data breaches
The Office of the Victorian Information Commissioner
(OVIC) is pleased to announce the launch of a new
online learning module, Managing the privacy impacts of data
breaches (21 October 2019).
More...
Senate report fails to justify Government's attempt
to repeal Medevac laws
A Senate Committee report released shows that the Medevac
laws are working as intended. The laws, passed in February 2019,
allow doctors to recommend that people be evacuated from Nauru and
Papua New Guinea to Australia for medical treatment (18 October
2019).
More...
ABC to tell truth about fake news
The Australian Broadcasting Corporation
(ABC) has entered a partnership with a United
States media education organisation to help combat the worldwide
spread of spin, misinformation and fake news (17 October 2019).
More...
Bill to cut red tape and restore certainty to native
title agreements
Streamlining the native title claim process and removing
uncertainty around the validity of some mining and exploration
agreements are the key aims of a Bill tabled in Parliament by the
Morrison Government. The Bill will provide claimant groups with
increased transparency and accountability for prescribed bodies
corporate (the corporations set up to manage native title) (17
October 2019).
More...
Modernising Victoria's appeals system
The Andrews Labor Government is improving and modernising
Victoria's appeals system, making appeal proceedings more
efficient and transparent, and better supporting victims. The
Justice Legislation Amendment (Criminal Appeals) Bill 2019
reintroduces the Government's commitment to abolish 'de
novo' appeals of criminal cases to the County Court (16 October
2019).
More...
Telcos tackle mobile number fraud and identity
theft
The Australian Communications and Media Authority welcomed
newly implemented measures to tackle mobile number fraud—the
gateway to identity theft. Mobile number fraud can have devastating
effects as scammers can gain access to bank accounts, email, social
media and more (16 October 2019).
More...
Law Council backs push for increase to minimum age of
criminal responsibility
The Law Council of Australia has welcomed the introduction
of legislation to Federal Parliament, which seeks to increase the
minimum age of criminal responsibility for Commonwealth offences to
14 years. The Bill is consistent with Law Council policy and
recognises Australia's international obligations under the
United Nations Convention on the Rights of the Child (14 October
2019).
More...
In practice and courts
OAIC: Consultation opens on draft privacy rules
The OAIC is seeking feedback over its draft Privacy
Safeguard Guidelines. The planned rules apply to the Consumer Data
Right (CDR) regime, which aims to provide
Australians with greater choice and control over how their data
will be used and disclosed. The CDR scheme will be rolled out in
February, starting with the banking sector. Closing date for
submissions is November 20.
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. 42/2019,21 October 2019.
More...
Legal and Constitutional Affairs Legislation
Committee
NewNative
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]
Legal and Constitutional Affairs References
Committee
Impact
of changes to service delivery models on the administration and
running of Government programs
Nationhood,
national identity and democracy
ACMA: The form of records kept by broadcasters
Consultation closes: 08 November 2019
We've decided to update the instrument that sets out the form
of the records broadcasters need to keep. A draft of the updated
instrument can be downloaded
here (10 October 2019).
Cyber security strategy
The new strategy will build on the foundations of the 2016
Cyber Security Strategy.
More...
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 beenextended to 28 November 2019
Victoria
Submission to PM&C – Data Sharing and Release
Legislative Reforms Discussion Paper
OVIC submission PMC Data Sharing and Release Discussion Paper - PDF
(1 MB) (15 October 2019)
New OVIC online: Managing the privacy impacts of data
breaches
The Office of the Victorian Information Commissioner
(OVIC) is pleased to announce the launch of a new
online learning module, Managing the privacy impacts of data
breaches. Alongside this module, OVIC has produced a guide,
Managing the privacy impacts of data breach, which can be found
here (21 October 2019).
Inquiry into the conduct of the 2018 Victorian state
election
This inquiry is looking at the conduct of the 2018
Victorian election. The Committee isconsidering people'sviews
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 for this inquiry have closed.We
are now holding
public hearings in October 2019. More...
Court Appointments
Announcement of new judicial appointment
22 October 2019 - Justice Lisa Michelle Nichols appointed as judge
of the Supreme Court of Victoria.
Published – articles, papers, reports
Commonwealth Auditors General Group e-newsletter (Issue
2 — September 2019)
ANAO: 24 October 2019
This is the second e-newsletter of the Commonwealth Auditors
General Group. These e-newsletters are a genuine effort to share
experiences, challenges and engage in thought-provoking discussions
on topics which are common to the fifty-three member countries of
the Commonwealth.
More...
Victorian Ombudsman 2018-19 Annual Report
Tabled 24 October 2019
The Annual Report includes 17 case studies, providing a sample of
the complaints Victorians raised with our office, covering local
government, human rights, youth justice and more.
Read the report here:
Annual Report 2019
A model code for the protection of freedom of speech and
academic freedom in Australian higher education providers
French Review Model Code Implementation Group; University
of Sydney: 23 October 2019
The report outlines how former Chief Justice, the Hon Robert
French's model code for the protection of freedom of speech and
academic freedom can be adopted by the University of Sydney by
amending its current Charter of Academic Freedom. More...
Guide to health privacy
Office of the Australian Information Commissioner: 16
October 2019
The guide outlines the key practical steps that health service
providers should take to embed good privacy in their practice. In
addition, the guide outlines how key privacy obligations apply to
and operate in the healthcare context
This guide has been written to help health services providers
– from doctors and private sector hospitals, through under
the Privacy Act 1988, and embed good privacy in their practice.
More...
The risk of the digital status quo: how governments can
enable digital transformation
Satyamoorthy Kabilan; Public Policy Forum: 17 October
2019
Digital transformation can be risky — but the status quo is
riskier. Drawing on insights of CIOs and senior public servants,
this report identifies strategies for dealing with the risks of not
embracing digital technology for public services,?including: legacy
systems costs, cyber security, people and culture, and service
failure. More...
Cases
'RG' and Department of the Prime Minister and
Cabinet (Freedom of information) [2019] AICmr
69
Freedom of Information – whether material obtained
in – (CTH) Freedom of Information Act 1982 s 45
RF' and Department of Home Affairs (Freedom of
information) [2019] AICmr
67
Freedom of Information – whether disclosure of
personal information unreasonable – whether contrary to the
public interest to release conditionally exempt documents –
(CTH) Freedom of Information Act 1982 ss 11A(5) and 47F
Conroy v Romas [2019] VSC
695
JUDICIAL REVIEW – medical Panel – opinion as
to worker's work capacity – extent of impairment –
suitable employment – whether consideration of relevant
matters – whether consideration of irrelevant matters -
adequacy of reasons – jurisdictional error – Accident
Compensation Act 1985 s 5; Workplace Injury Rehabilitation and
Compensation Act 2013 s 313
Zeqaj v Victoria Police (Human Rights)
[2019] VCAT 1641
Privacy and Data Protection Act 2014 (Vic) –
Information Privacy Principle 4.1 – alleged breach –
personal service at place of work by Victoria Police of Notice to
complainant issued by the Australian Taxation Office –
complainant refused to accept service – notice left face down
on table – others then see personal information contained in
Notice – respondent's defence that IPP 4.1 does not
regulate authorised disclosure or the protection of information an
organisation no longer holds – in the alternative, if IPP 4.1
did require the respondent to take reasonable steps to protect
information either during or after service, it took reasonable
steps to so protect – complainant also alleges the same
behaviour breached section 38 of the Charter of Human Rights and
Responsibilities Act 2006 (Vic) – right not to have
reputation unlawfully attacked – section 73 PDP Act –
Tribunal's jurisdiction limited to matters contained in
complaint from Information Commissioner
Joybay Pty Ltd & Anor: in the matter of an
Application under Section 68 of the Domestic Building Contracts Act
1995 (Vic) [2019] VSC
620
JUDICIAL REVIEW AND APPEALS – application for leave
to appeal from VCAT under s 148 of the Victorian Civil and
Administrative Tribunal Act 1998 (Vic) – section s 137B of
the Building Act 1993 (Vic) ('Building Act') prohibits
owner builders from selling newly built or renovated homes without
domestic building warranty insurance – where the builder
failed to obtain domestic building warranty insurance for the
apartments subsequently purchased by the applicants –
principles of statutory construction – Project Blue Sky
Inc v Australian Broadcasting Authority [1998] HCA 28; (1998)
194 CLR 355, referred to – literal construction of s 137B(1)
of the Building Act does not impose the requirement to have
domestic building warranty insurance upon the applicants, such that
VCAT's jurisdiction to make an order under s 68 of the Domestic
Buildings Contracts Act 1995 (Vic) ('DBCA') was not
enlivened – criteria to be satisfied for reading words into a
statute when a literal interpretation of the relevant provision
fails to achieve an ascertained legislative intention –
DPP v Leys [2012] VSCA 304; (2012) 44 VR 1, applied
– whether to read words into s 137B(1) of the Building Act
given the legislative intention to protect consumer interests under
the building legislation – applicants have standing to apply
for an exemption from the requirements of s 68 of the DBCA –
application for leave to appeal and appeal allowed
Kheir v Robertson [2019] VSCA
229
ADMINISTRATIVE LAW – application for leave to appeal
– judicial review – decision of delegate of Secretary
to the Department of Justice and Regulation to refuse an
application for 'emergency management days' –
delegate not satisfied applicant was of 'good behaviour'
during emergency at the prison – whether applicant denied
procedural fairness – duty to inquire – whether
delegate obliged to consider transcript of committal proceeding in
which witnesses against applicant were said to have resiled from
their original allegations – no denial, in the circumstances,
of procedural fairness – leave to appeal refused –
Corrections Act 1986 s 58E
Legislation
Commonwealth
Transport Security Amendment (Serious Crime) Bill
2019
HR 23/10/2019 -to clarify and align the legislative basis
for undertaking background checks of individuals under the Aviation
and Maritime Acts.
Commonwealth Electoral Amendment (Lowering Voting Age and
Increasing Voter Participation) Bill
2019
HR 21/10/2019 – The changes to the Commonwealth
Electoral Act 1918 are intended to lower the minimum age of a voter
in Australian federal elections and referenda from 18 to 16 years
of age, while keeping the minimum age of compulsory voting and
eligibility to stand as a federal parliamentarian at 18 years of
age.
National Integrity (Parliamentary Standards) Bill
2019
Senate 17/10/2019 - This Bill is part of a package of
bills to promote public confidence in the integrity of Parliament,
the public sector and the democratic system. This package is about
creating a culture of integrity and a practical and pro-active
approach to preventing and addressing corruption. The Bill will
create a statutory code of conduct for parliamentarians and their
staff.
Note: The Bill will operate alongside the National
Integrity Commission Bill 2018 (No. 2) which seeks to establish the
Australian National Integrity Commission.
Victoria
Bills
Date of second reading speech: 17 October 2019
Justice Legislation Amendment (Criminal Appeals) Bill
2019
Date of second reading speech: 16 October 2019
Justice Legislation Amendment (Serious Offenders and Other Matters)
Bill 2019
Victorian legislation can be accessed here.
This publication does not deal with every important topic or change in law and is not intended to be relied upon as a substitute for legal or other advice that may be relevant to the reader's specific circumstances. If you have found this publication of interest and would like to know more or wish to obtain legal advice relevant to your circumstances please contact one of the named individuals listed.