In the media
Increased judicial appointment transparency and
intention to boost legal aid funding applauded
The Law Council of Australia has backed moves to promote
greater transparency and accountability of judicial appointments,
and an indication that legal aid funding will be boosted, as
outlined by the federal opposition (1 February 2019).
More...
Developer donation ban discriminates against LNP, court
told
Former party president Gary Spence argues Queensland not
prone to corruption like NSW. Spence has taken a case to the high
court arguing that the ban on Queensland state and local council
politicians taking developer donations breaches the implied freedom
of political communication (30 January 2019).
More...
Citizenship bill weakens rights protections
Human Rights Commissioner Edward Santow has told a
parliamentary committee that enhanced citizenship stripping powers
would weaken human rights protections and conflict with our
obligations under international law (30 January 2019).
More...
Australia's global corruption ranking sparks urgent
calls for federal integrity body
Australia has failed to improve on its record low ranking
in a global measure of government corruption, prompting renewed
calls for a powerful federal integrity commission to be established
"without delay and political wrangling" (29 January
2019).
More...
LCA: UN must investigate Wang Quanzhang's trial amid
apparent breaches of international law
The Law Council of Australia will call on the United
Nations to investigate international concerns over China's
handling of Wang Quanzhang's trial, after the prominent human
rights lawyer was sentenced to four and a half years in prison (29
January 2019).
More...
Online Harassment and Cyberhate costs Australians
$3.7b
New research from The Australia Institute estimates the
cost of online harassment and cyberhate to have cost Australians an
estimated total of $3.7 billion dollars in health costs and lost
income (28 January 2019).
More...
Cyber watchdog warns on dark web PS data
The Australian Cyber Security Centre
(ACSC) has urged organisations and individuals
across the Australian Public Service to check if their email
addresses and/or passwords are included on recently released lists
of stolen data (28 January 2019).
More...
Australian Law Reform Commission inquiry into class
action proceedings and third-party litigation funders
The Australian Law Reform Commission's final report
into class action proceedings and third-party litigation funders
has been publicly released after being tabled in Federal Parliament
(25 January 2019).
More...
Inquiry into Class Action Proceedings Final Report
On January 24 2019, the Attorney-General for Australia
tabled in Parliament the ALRC report, In Inquiry into Class
Action Proceedings and Third-Party Litigation Funders. The
ALRC recommends a Government review of statutory enforcement
regimes for regulators so to facilitate effective and consistent
statutory redress schemes to fill gaps and create an alternative to
some class action proceedings (25 January 2019).
More...
Auditor sees problems in ID system
An audit of the Australian Criminal Intelligence
Commission's (ACIC) administration of a
hi-tech personal identification system has found the Agency failed
at almost every step (24 January 2019).
More...
Julie Gilbert has no idea what her insurer knows about
her medical history
To get income protection and life insurance, Julie Gilbert
had to grant the insurer access to her medical history, but,
advocates want the industry to change, saying the practice goes too
far and is an "unfair breach" of Australians' privacy
(24 January 2019).
More...
You always have a choice with My Health Record
After 31 January 2019, a My Health Record will be created
for everyone who has not opted out of the system. However, the new
permanent delete functionality means Australians will always have
the choice not to have a record and they can remove all of their
data from the My Health Record system and no copy will be kept (23
January 2019).
More...
Federal anti-corruption body must have power to make
arrests and conduct searches, judges say
A group of high-profile judges have called for a proposed
federal anti-corruption body to be given the powers of a royal
commission. The Coalition released its preferred model for a
national integrity commission late last year but the body was
quickly criticised for a lack of public hearings, below-par
resourcing, its selective treatment of politicians and the high
threshold of criminal suspicion required to commence an
investigation (23 January 2019).
More...
Clive Palmer loses bid to have criminal charges
dropped
Clive Palmer says the charges, brought against him by
ASIC, are "doomed to fail" and are an attempt to make him
ineligible from running in the upcoming federal election, but the
Supreme Court has denied his bid to have the charges dropped (23
January 2019).
More...
Telco accountability is key for Consumer Safeguards
Review: ACCAN
Australians are being put at risk due to inadequate
consumer protection frameworks around the reliability of
telecommunications services, ACCAN has warned the Government's
latest Consumer Safeguard Review. Telecommunications services are a
critical part of modern Australian life, powering everything from
our businesses to our healthcare services (23 January 2019).
More...
Report on Government Services
The Report on Government Services is a vital tool in
providing information to the community and holding all Australian
governments accountable for the effectiveness and efficiency of
government services. The 2019 Report continues this important
information provision. There remain, however, data limitations in
some key areas (22 January 2019).
More...
Lawyers call for police complaints system overhaul as
shocking new reports of police abuse emerge
Lawyers, advocates and victims of police abuse are again
calling on the Andrews Government to take action and introduce an
independent body to investigate police misconduct, as horrific new
cases of police brutality come to light (21 January 2019).
More...
In practice and courts
Consultation opens on Public Interest
Determination
An application from the Australian Federal Police
(AFP) for a Public Interest Determination is now
open for public comment. The application to the OAIC under s 72 of
the Privacy Act would allow the AFP to disclose limited
personal information about homicide offenders and suspects to the
Australian Institute of Criminology without breaching Australian
Privacy Principle 6. It is intended to replace a
previous determination which expired on 1 October 2018.
Submissions were due by 1 February 2019. More information available
here.
Report on Government Services
The annual Report on Government Services
(RoGS) provides information on the equity,
effectiveness and efficiency of government services in Australia.
More...
Report on Government Services 2019: Part C, Chapter 7 -
Courts
The focus of this chapter is the court administration
functions of Australian and State and Territory courts. Data are
reported for the Federal Court, the Family Court of Australia and
the Federal Circuit Court, the criminal and civil jurisdictions of
the supreme courts (including probate registries), district/county
courts, magistrates' courts (including children's courts),
coroners' courts and the Family Court of WA (22 January 2019).
More...
AAT Bulletins 2019
The AAT Bulletin is a weekly publication containing a list
of recent AAT decisions and information relating to appeals against
AAT decisions.
Issue No. 4/2019 (29 January 2019)
Issue No. 3/2019 (21 January 2019)
Reminder: Australian Digital Health Agency three month
"opt-out period" for My Health
Record
As
announced by the Australian Digital Health Agency, every
Australian will be offered a My Health Record unless they choose
not to have one during the three-month opt out period which was
extended to 31 January 2019. During the opt out period individuals
who do not want a record will be able to opt out by visiting the My
Health Record website here.
2019 COAT National Conference
The 2019 Council of Australasian Tribunals
(COAT) National Conference will be held 6 - 7 June
in Melbourne. More...
Current consultations
Review of the Telecommunication and Other Legislation Amendment
(Assistance and Access) Act 2018, Parliamentary Joint
Committee on Intelligence and Security. This review is in addition
to two separate statutory reviews, amendments to include a review
due to commence by April 2019. Submissions closed on 1 February
2019.
More...
Freedom of Speech Legislation Amendment (Censorship)
Bill 2018, Freedom of Speech Legislation Amendment (Insult and
Offend) Bill 2018, Freedom of Speech Legislation Amendment
(Security) Bill 2018
On 3 December 2018, the Senate extended the
committee's reporting date to 8 March 2019.
More...
Queensland
Queensland Government Consultations
Have your say on modernising Queensland's laws on civil
surveillance and the protection of privacy
Have your say on how Queensland should modernise civil
surveillance and protection of privacy laws in the context of
current and emerging technologies.
More...
OIC Queensland website review
The Office of the Information Commissioner
(OIC) is currently reviewing its website to look
at where we can make changes to deliver a better experience for our
stakeholders. This survey will close on 5 February 2019. More...
Published - articles, paper, reports
Review of the National Disability Agreement: Study
report
Productivity Commission: 1 February 2019
The report has found that a new National Disability Agreement
(NDA) between the Australian, State and Territory
Governments is needed to facilitate cooperation, enhance
accountability and clarify roles and responsibilities.
More...
Inquiry into Class Action Proceedings Final Report
ALRC: 25 January 2019
Third party litigation funders are not subject to any comprehensive
Commonwealth or state and territory regulation to address the
structure, operation and terms on which they participate in the
Australian legal system. The report raises complex issues which
will need thorough consideration and the Government will carefully
consider each of the report's recommendations.
More...
Australian-Chinese author's detention raises
important questions about China's motivations
Tony Walker; The Conversation: 25 January 2019
The unexplained detention of author and diplomat, Yang Hengjun, has
raised more questions about the motives of a Chinese government
under stress from within and without. More...
Serious offending by people serving a Community
Correction Order: 2017–18
Dennis Byles, Geoff Fisher; Sentencing Advisory Council
(Vic): 24 January 2019
In this report, the Council examines the number of people sentenced
in 2017-18 for committing a serious offence while serving a
community correction order. More...
The Australian Criminal Intelligence Commission's
administration of the Biometric Identification Services
Project
Performance audit (Auditor-General Report No.?24 of
2018-2019): 21 January 2019
The objective of this audit was to assess the effectiveness of the
Australian Criminal Intelligence Commission's administration of
the Biometric Identification Service project.
More...
Criminal histories of Australian organised crime
offenders
Georgina Fuller, Anthony Morgan and Rick Brown
(2019)
Trends and Issues in Crime and Criminal Justice (Australian
Institute of Criminology)
Organised crime is one of the most persistent and complex threats
currently affecting Australia and was estimated to have cost up to
$47.4 billion in 2016-17. While the nature of organised crime
offending is well understood, much less is known about the criminal
histories of those who engage in such offending. More...
Cases
Stambe v Minister for Health [2019] FCA
43
ADMINISTRATIVE LAW – Application for review of
exercise of Ministerial discretion pursuant to s 90A(2) of the
National Health Act 1953 (Cth) granting approval to supply
pharmaceutical benefits at particular premises – whether
procedures required by law to be observed were not observed –
whether Minister failed to consider comments, information and
documents provided by applicant pursuant to invitation by Minister
to do so – where Minister's consideration informed by
Ministerial briefing note – where Minister adopted draft
reasons prepared by departmental staff subsequent to exercise of
discretion – consideration of availability of inferences
concerning which materials read by Minister – in the
circumstances, Minister failed to consider materials provided by
applicant – application allowed on ground one.
ADMINISTRATIVE LAW – Application for review of exercise of
Ministerial discretion pursuant to s 90A(2) of the National
Health Act 1953 (Cth) granting approval to supply
pharmaceutical benefits at particular premises – whether
Minister failed to take into consideration relevant considerations
or took into account irrelevant considerations – matters
raised by applicant were neither irrelevant nor mandatory
considerations – whether Minister's decision involved an
error of law in definition of "community" adopted –
no error in definition adopted by Minister – grounds two and
three dismissed.
STATUTORY INTERPRETATION – Consideration of scope of
Ministerial discretion pursuant to s 90A(2) of the National
Health Act 1953 (Cth) – interpretation of scope of
Minister's obligation under s 90D(3) of the National Health
Act 1953 (Cth) to consider comments, information or documents
provided by a person at Minister's invitation.
Ellis v Central Land Council [2019]
FCAFC 1
ADMINISTRATIVE LAW – Appeal from a judgement of a
single Judge of the Federal Court of Australia – whether the
primary judge erred in placing determinative weight on the
operation of s 77A of the Aboriginal Land Rights (Northern
Territory) Act 1976 (Cth) (ALR Act) in
circumstances where no party submitted s 77A was relevant –
whether the primary judge erred in failing to find that the
appellants had been denied procedural fairness – whether the
primary judge erred in her consideration of certain grounds run
below, including by misunderstanding or mischaracterising the
ground – whether the Central Land Council Committee (the
Committee) lawfully formed a state of satisfaction under s 19(5)(a)
of the ALR Act that the traditional Aboriginal owners of the
Amoonguna land understood the nature and purpose of certain
proposed leases and licences and, as a group, consented to them
– whether it was legally unreasonable for the Committee to
make its decision concerning the grant of the leases and licences
without awaiting the provision of a commissioned anthropological
report.
ADMINISTRATIVE LAW – Cross-appeal – whether the
affixing of the common seal of the Land Trust to the grants without
a written authority signed by three members of the Land Trust
invalidated the grants – whether s 5(2) of the ALR Act had
the effect that the common seals had been validly affixed –
whether later written authorities amounted to ratification of the
earlier affixation of the common seal on the instruments of grant
– whether the common law indoor management rule is applicable
– claim that noncompliance with s 4(5) of the ALR Act was not
invalidating – cross-appeal dismissed.
ADMINISTRATIVE LAW – Whether the grantees had an equitable
interest arising from their agreements that the leases and licence
be granted to them – whether s 19(6) of the ALR Act preserved
the validity of the grants – concluded view on these issues
not necessary.
EVIDENCE – Whether the primary judge imposed an erroneously
high standard of proof on the appellants or otherwise erred in
making findings of fact – whether the primary judge
misunderstood and/or misapplied the rule in Jones v Dunkel
[1959] HCA 8; 101 CLR 298.
'PU' and Merit Protection Commissioner (Freedom of
information) [2019] AICmr
4
FREEDOM OF INFORMATION — Whether documents contain
deliberative matter prepared for a deliberative purpose
—Whether contrary to public interest to release conditionally
exempt documents — Freedom of Information Act 1982
(Cth) ss 11A(5) and 47C.
'PR' and Comcare (Freedom of
information) [2019] AICmr
2
FREEDOM OF INFORMATION — Whether disclosure of
personal information unreasonable — Whether contrary to the
public interest to release conditionally exempt documents —
Freedom of Information Act 1982 (Cth) ss 11A(5) and
47F.
'PQ' and Australian Taxation Office (Freedom of
information) [2019] AICmr
1
FREEDOM OF INFORMATION — Whether documents subject
to legal professional privilege — Freedom of Information
Act 1982 (Cth) s 42
Queensland College of Teachers v Teacher BRT
[2019] QCAT 12
EDUCATION – TRAINING AND REGISTRATION OF TEACHERS
– ADMINISTRATIVE LAW – ADMINISTRATIVE TRIBUNALS –
QUEENSLAND CIVIL AND ADMINISTRATIVE TRIBUNAL –
Non-publication order – where not in public interest to
publicly identify child or school – where child vulnerable
and prone to depression – where publication could harm child
by affecting his reputation and lead to further victimisation.
Young v Assistant Commissioner of Police
Dawson [2019] QCAT
8
POLICE – INTERNAL ADMINISTRATION – DISCIPLINE
AND DISMISSAL FOR MISCONDUCT – QUEENSLAND – Where four
matters of misconduct were found following a police disciplinary
hearing – where three particulars of one matter of improper
conduct in engaging in negative workplace behaviour were challenged
as to substantiation.
Crime and Corruption Commission v Assistant Commissioner
Codd & Anor [2019] QCAT
7
POLICE – INTERNAL ADMINISTRATION – DISCIPLINE
AND DISMISSAL FOR MISCONDUCT – QUEENSLAND – Where
police officer provided a watch-house photograph to a member of the
public – whether provision of the photograph was for a
justifiable operational reason consistent with the functions of the
police service – whether provision of the photograph was
improper – safety considerations.
Vaughan v Parole Board Queensland
[2019] QSC 10
ADMINISTRATIVE LAW – JUDICIAL REVIEW – GROUNDS
OF REVIEW – ERROR OF LAW – Where parole suspended by
Parole Board member and confirmed by Parole Board – where
Parole Board subsequently rescinded decisions confirming suspension
– where Parole Board stated it would not consider certain
matters – where Parole Board lifted suspension of parole and
amended conditions of parole order – where suspension lifted
three days after decision – where Parole Board did not give
notice of amended conditions and medical report prior to amending
conditions – where Parole Board gave information notice and
medical report after amendment – where the applicant made
submissions – where Parole Board confirmed the amended
conditions – where the applicant applied for judicial review
of the Parole Board's decision to defer lifting suspension for
three days and to amend the conditions – whether the Parole
Board had exercised statutory power for suspension – whether
the Parole Board took into account irrelevant considerations
– whether Parole Board failed to accord natural justice.
Legislation
Commonwealth
Act Compilation
Ombudsman Act 1976
23/01/2019 - Act No. 181 of 197 - An Act to provide for
the appointment of a Commonwealth Ombudsman, a Defence Force
Ombudsman, a Postal Industry Ombudsman, an Overseas Students
Ombudsman, a Private Health Insurance Ombudsman and a VET Student
Loans Ombudsman, and to define their respective functions and
powers.
Australian Crime Commission Act
2002
23/01/2019 - Act No. 41 of 1984 - 4A. When a State offence
has a federal aspect.
Law Enforcement Integrity Commissioner Act
2006
22/01/2019 - Act No. 85 of 2006.
Interactive Gambling Act 2001
22/01/2019 - Act No. 84 of 2001 - Prohibited interactive
gambling services.
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.