In the media
Channel Seven breaches children’s privacy
Channel Seven Melbourne Pty Ltd breached the Commercial
Television Code of Practice in Seven News and Sunday Night episodes
broadcast on 5 July and 5 August 2018. An ACMA investigation has
found broadcasts containing mobile phone footage of alleged
schoolyard bullying invaded the privacy of several children (29
March 2019). More...
Does 'I don't want' mean no? The call to
reform Queensland consent laws
Queensland juries are struggling to deal with complicated
and confusing consent laws in rape cases and vulnerable women are
suffering, prompting calls for law reform (29 March 2019). More...
No bail, no parole for terrorists
Tough new bail and parole laws for offenders convicted of
terrorism or those with links to terror activities have been passed
by the Queensland Parliament (29 March 2019). More...
What good local government integrity frameworks look
like
A new research report released today by IBAC, the
state's anti-corruption commission, identifies a sample of
councils that have built solid integrity frameworks to help protect
them from corruption, providing a model for other councils to
follow (28 March 2019). More...
AMA calls for age of criminal responsibility to be
raised to 14 years of age
The new policy was passed at the AMA Federal Council
meeting in Canberra. The age of criminal responsibility is the age
at which a child is considered capable of being dealt with by the
criminal justice system. Currently, children aged 10 can be
charged, prosecuted, and imprisoned (25 March 2019). More...
How Australia's new privacy laws will Target Google
And Facebook
The new laws, which are being drafted with social media
giants in mind but will apply to all companies operating in
Australia, will levy much more significant fines, not just for
major breaches but for failing to cooperate and remediate issues
relating to smaller breaches. This is important as the majority of
breaches reported to the OAIC involve fewer that 1000 records
according to its quarterly reports (25 March 2019). More...
Claims of ‘secrecy’, misused funds in
transport projects
An advisor for some of Melbourne’s biggest transport
projects has called out misappropriation of taxpayer dollars and
growth forecast “failures” in the state’s $1.9
billion infrastructure pipeline, and criticised NSW for similar
malpractice (25 March 2019). More...
OAIC welcomes increased enforcement powers to keep
Australians’ personal information safe online
The proposed changes to the Privacy Act, along with new
rules for digital platforms that trade in personal information, are
an important step in meeting community expectations that personal
information will handled in a way that is transparent and
accountable (24 March 2019). More...
Tougher penalties to keep Australians safe online
Attorney-General, Christian Porter and Minister for
Communications and the Arts, Mitch Fifield, announced the new
penalty regime under the Privacy Act and other measures to ensure
Australians were protected online and that major social media
companies took action to protect the personal information they
collect about Australians, particularly children (24 March 2019).
More...
$35 Million to extend the Federal Court's
jurisdiction to corporate crime
The jurisdiction of the Federal Court of Australia will
expand to include corporate crime. The expansion and funding will
ensure that those who engage in financial sector criminal
misconduct are prosecuted and face the appropriate punishment for
their actions in a timely manner (23 March 2019). More...
Commission welcomes National Plan on elder abuse
Age Discrimination Commissioner Dr Kay Patterson this week
participated in the launch of the Federal Government’s
National Plan to Respond to the Abuse of Older Australians
(2019-2023) (22 March 2019). More...
$67 million for digital identity
The federal government has announced a $67 million boost
for the controversial MyGovID initiative as it launches a new
resource to guide agencies in the safe use of public data. Under
the system users will be required to take a photo and provide a
mobile number and email address as well as details from a drivers
licence, passport or Medicare card (21 March 2019). More...
Channel Seven ‘African gangs’ claim breaches
accuracy requirements
The ACMA has found Channel Seven Melbourne breached the
Commercial Television Industry Code of Practice in a Sunday Night
program broadcast on 8 July 2018. The ACMA investigation found a
claim broadcast in the current affairs program was inaccurate and
in breach of the code (21 March 2019). More...
In practice and courts
Law Council of Australia Submissions
18 March 2019— Law Council
Combatting Child Sexual Exploitation
Legislation Amendment Bill 2019
Attorney General Court Appointments – 22 March
2019
Appointments to the Federal Circuit Court of
Australia
Appointments to the Family Court of
Australia
Attorney General: The amendments to the Privacy Act
will
Provide the Office of the Australian Information
Commissioner (OAIC) with new infringement notice
powers backed by new penalties of up to $63,000 for bodies
corporate and $12,600 for individuals for failure to cooperate with
efforts to resolve minor breaches
Expand other options available to the OAIC to ensure breaches are
addressed through third-party reviews, and/or publish prominent
notices about specific breaches and ensure those directly affected
are advised
Legislation will be drafted for consultation in the second half of
2019. More...
Current Senate Inquiries
National Integrity Commission Bill 2018 [Provisions],
National Integrity (Parliamentary Standards) Bill 2018
[Provisions], and National Integrity Commission Bill 2018 (No.
2)
The Senate has referred both Bills to the Legal and
Constitutional Affairs Legislation Committee for inquiry and report
by 5 April 2019. More...
Queensland
Department of Justice Consultation
Review of the Births, Deaths and Marriages
Registration Act 2003 (Qld) – Discussion paper 2
Have your say on Discussion Paper 2 Registration of life events:
Functions and powers of the Registrar and the use and disclosure of
information. Submissions close 23 April 2019
CCC: Current Prosecutions
More charges from joint CCC and Department
of Education investigation - 25 March 2019
Public servant charged with fraud offences -
22 March 2019
Police officer to face forgery and uttering
offences - 20 March 2019
OIC Queensland: Right to Information Act and Information
Privacy Act Annual Report 2017-18
On 18 March 2019 a report on the operation of the
Right to Information Act 2009 and the Information
Privacy Act 2009 regarding access and amendment applications
for the 2017-18 reporting year was tabled in Parliament. The
2017-18 report can be viewed here. (20 March 2019). More...
QAO Advice: How can audit committees improve audit
quality?
A key element of effective audit committees is the
existence of a strong and robust relationship with external audit
(20 March 2019). More...
Published - articles, papers, reports
Bias crime policing: 'The Graveyard Shift'
Gail Mason, Leslie Moran; International Journal for Crime,
Justice and Social Democracy: 22 March 2019
Bias crime is crime that is motivated by prejudice or bias towards
an attribute of the victim, such as race, religion or sexuality.
Police have been criticised for failing to take bias crime
seriously, and there is a pressing need to understand the reasons
for this failure. This article presents the results of the first
empirical study of bias crime policing in New South Wales. More...
Where is your data going?
Quinn Grundy et al; University of Sydney: 22 March
2019
Researchers are calling for greater regulation and transparency as
analysis of medicines-related apps found most directly shared user
data - including sensitive health data - with third parties, posing
an unprecedented privacy risk. More...
Report of the Family Violence Reform Implementation
Monitor as at 1 November 2018
Family Violence Reform Implementation Monitor: 21 March
2019
The Monitor's annual report to Parliament outlines how
effective the Victorian government and its agencies are in
implementing the family violence reform measures. More...
Data sharing practices of medicines related apps and the
mobile ecosystem: traffic, content, and network analysis
Quinn Grundy, Kellia Chui, Fabian Held, Andrea Continella,
Lisa A. Bero, Ralph Holz; BMJ: 21 March 2019
Researchers call for greater regulation and transparency as
analysis of medicines-related apps found most directly shared user
data - including sensitive health data - with third parties, posing
an unprecedented privacy risk. More...
Independent review of the APS: priorities for
change
Department of the Prime Minister and Cabinet (Australia):
19 March 2019
This report reflects what the Australian Public Service
(APS) Review Panel has learned from their initial
investigations and what changes the panel believes are needed to
build an APS that is fit for the future. More...
Best practice guide to applying data sharing
principles
Department of the Prime Minister and Cabinet (Australia):
19 March 2019
The Australian government holds vast amounts of public sector data
that it collects from individuals and businesses, or generates
through administrative functions of government agencies. This guide
has been written to assist agencies holding Australian government
data (data custodians) to safely and effectively share the data
they are responsible for by using five data sharing principles (the
Principles). More...
Cases
Comcare v Stewart
[2019] FCA 365
WORKERS’ COMPENSATION – Safety,
Rehabilitation and Compensation Act 1988 (Cth) – appeal
on questions of law from a decision of the Administrative Appeals
Tribunal – statutory construction – ADMINISTRATIVE LAW
– appeal on questions of law from a decision of the
Administrative Appeals Tribunal – Commonwealth workers’
compensation – statutory construction – where injury
“does not include a disease... suffered as a result of
reasonable administrative action taken in a reasonable manner in
respect of the employee’s employment” – whether
Tribunal misconstrued or misapplied this statutory provision
– whether error in respect of one integer infected the
Tribunal’s conclusion in relation to another.
Administrative Appeals Tribunal Act 1975 (Cth) s 43;
Safety, Rehabilitation and Compensation Act 1988 (Cth) s
5A
Dixon v Queensland Racing
Integrity Commission [2019] QCAT
58
ADMINISTRATIVE LAW – ADMINISTRATIVE TRIBUNALS
– FUNCTIONS OF TRIBUNALS – where decision of original
decision-maker may have been legally ineffective – whether
that would affect jurisdiction of tribunal
Eldridge v Department of
Transport and Main Roads [2019] QCAT
57
ADMINISTRATIVE LAW – ADMINISTRATIVE TRIBUNALS
– QUEENSLAND CIVIL AND ADMINISTRATIVE TRIBUNAL –
Meaning of ‘an appropriate person’ to hold a tow truck
driver certificate – circumstances wherein previously
certified tow truck driver convicted of a third drug driving
offence
Crossman v Department of
Transport and Main Roads [2019] QSC
67
TRAFFIC LAW – TRAFFIC REGULATION – TRAFFIC
SIGNS AND ROAD MARKINGS – ADMINISTRATIVE LAW – JUDICIAL
REVIEW – POWERS OF COURTS UNDER JUDICIAL REVIEW LEGISLATION
– DECLARATIONS – where the applicant sought declaratory
relief in the Supreme Court – whether the applicant
identified a legal controversy for determination – whether
the application failed at the threshold
Legislation
Commonwealth
Crimes (Biological Weapons)
Regulations 2019
29/03/2019 - These regulations set out the procedures and
requirements to be followed in relation to the notification,
storage, labelling and disposal of biological agents, toxins and
weapons. The regulations also enable a person charged with an
offence under the Crimes (Biological Weapons) Act 1976 in respect
of a biological agent or toxin to seek an independent analysis of a
sample of the substance
Fair Work Amendment (Modernising
Right of Entry) Regulations 2019
25/03/2019 - These regulations amend the Fair Work
Regulations 2009 to modernise the form of entry permits by giving
the Fair Work Commission the discretion to determine the precise
form of entry permits subject to certain requirements, and by
amending the prescribed form for entry notices and exemption
certificates to include additional information
Electronic Transactions Amendment
(Electoral Nominations) Regulations 2019
25/03/2019 - These regulations amend the Electronic
Transactions Regulations 2000 by removing item 25(b) of Schedule 1
to ensure that electoral candidates seeking to nominate for
Commonwealth elections are able to lodge their nominations
electronically.
User Rights Amendment (Charter of
Aged Care Rights) Principles 2019
22/03/2019 - This instrument amends the User Rights
Principles 2014 and the Records Principles 2014 to introduce a
single 'Charter of Aged Care Rights' and vary the
responsibilities of approved providers to be consistent wih the
Charter
Freedom of Information (Charges)
Regulations 2019
22/03/2019 - These regulations remake the Freedom of
Information (Charges) Regulations 1982 (scheduled to sunset on 1
April 2019) with the same effect to ensure their continued
operation. Minor amendments have been made to ensure fitness for
purpose and consistency with current drafting practices, update
various provisions to reflect the current terms of the Freedom of
Information Act 1982 and remove obsolete or unnecessary provisions.
These regulations do not introduce new charges or increase charges
from the previous rates.
Privacy (Disclosure of Homicide
Data) Public Interest Determination 2019
20/03/2019 - This determination applies to the disclosure
of certain information by the Australian Federal Police to the
Australian Institute of Criminology for the purpose of the
Australian Institute of Criminology's research under the
National Homicide Monitoring Program and the publication of
aggregate findings.
Queensland
Bills
Disability Services and Other Legislation
(NDIS) Amendment Bill
Introduced by: Hon C O'Rourke MP on
28/03/2019
Stage reached: Referred to Committee on 28/03/2019
Justice Legislation (Links to Terrorist
Activity) Amendment Bill 2018
Introduced by: Hon Y D'Ath MP on
13/11/2018
Stage reached: 2nd reading adjourned on 27/03/2019
Subordinate legislation as made
No 29 Photo Identification Card Regulation
2019 22 March 2019
Part 5 Amendment of State Penalties Enforcement Regulation 2014 -
11 Regulation amended; 12 Amendment of sch 1 (Infringement notice
offences and fines for nominated laws)
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.