In the media
Building a Safer And More Secure Youth Justice
System
Consistent with recommendations from the Armytage/Ogloff
Youth Justice Review and Strategy, the Labor government will adopt
an interim youth justice system configuration (house males aged
15-18) when the Cherry Creek facility is completed and
continue operation of the Parkville and Malmsbury Youth Justice
Centres (27 September 2019).
More...
Ombudsman at pains over torture protocol
An Ombudsman's report on Australia's readiness to
implement an international agreement against torture and other
cruel punishment has found it to be lacking in oversight and scope
(26 September 2019).
More...
Telco complaints get harder to resolve
The TIO report highlights the growth of complex
complaints, which leave some customers with issues unresolved for
too long; pointing to the need for redoubled effort by service
providers and the Ombudsman (25 September 2019).
More...
HRLC: Safe access zone bill in South Australia welcome,
but amendments needed
Laws that promote the safety, dignity and privacy of women
accessing reproductive healthcare could soon be a reality in South
Australia (25 September 2019).
More...
Conflict of interest guidelines updated
The Governance Institute of Australia has updated its
public sector guidelines for managing conflict of interest, taking
into account new recommendations by the NSW Independent Commission
Against Corruption (23 September 2019).
More...
ACMA takes action against Sydney-based telco Infinity
Telecom
The Australian Communications and Media Authority
(ACMA) has taken action against Sydney-based telco
Infinity Telecom for breaching industry rules requiring them to
have mandatory information for consumers available on their website
(20 September 2019).
More...
Royal commission targets NDIS providers
A "substantial number" of the largest NDIS
providers will be ordered by the disability Royal Commission to
provide information relating to complaints, investigations and
reported incidents of violence and abuse. Senior Counsel Assisting
Rebecca Treston said the commission had compulsory powers to gather
information and evidence (19 September 2019).
More...
Slavery in modern Australia': Sacked Uber Eats
worker's case challenges gig economy
A delivery driver suing Uber Eats for underpayment and
unfair dismissal has found support from the union movement, which
says it is time to treat gig workers as employees (16 September
2019).
More...
Government seeks to restore clarity to personal leave
entitlements
The Morrison Government will seek leave, in the High
Court, to appeal a recent Full Federal Court decision, which has
sparked confusion and uncertainty around the way sick and carers
leave entitlements should be calculated. (16 September 2019).
More...
In practice and courts
Draft Religious Freedom Bills
The Australian Government invites submissions on a package
of legislative reforms on religious freedom. These are the:
Religious Discrimination Bill 2019; Religious Discrimination
(Consequential Amendments) Bill 2019 and Human Rights Legislation
Amendment (Freedom of Religion) Bill 2019. The draft Bills are
available on the
Attorney-General's Department website. Submissions on the
Bills close on 2 October 2019.
OAIC Guide to privacy regulatory action
Guide to privacy regulatory action has been updated to
provide greater clarity about matters considered by the
Commissioner regarding enforceable undertakings and independent
experts. The update follows a review of similar policies and
enforceable undertakings in relation to other regulatory areas
within the Commonwealth (28 August 219).
More...
Queensland
Court Appointments
27 September 2019 Appointment of new Deputy Chief
Magistrate
Youth Justice and Other Legislation Amendment Act
2019
The Act was recently passed, amending the Youth
Justice Act 1992, the Police Powers and Responsibilities
Act 2000, the Public Guardian Act 2014 and the
Bail Act 1980 to make a number of important reforms. These
include removing legislative barriers that may contribute to
children being refused bail, breaching bail conditions or remaining
in detention on remand for an extended period. The Act and
Explanatory Notes are available
online.
Criminal
Practice Rules 1999 and Uniform Civil Procedure Rules 1999 - Forms
- Forms 04 Sep 2019
The following forms have been approved:
Criminal Practice Rules 1999
Form 23 - Notice to be served with Form 21 Subpoena Version 4
approved on 3/09/2019
Form 24 - Notice to be served with Form 22 Subpoena Version 3
approved on 3/09/2019
Uniform Civil Procedure Rules 1999
Form 10C - Notice to defendant served outside the jurisdiction
Version 1 approved on 3/09/2019
Published - articles, papers, reports
Deepfakes and cheap fakes
Britt Paris, Joan Donovan; Data & Society Research
Institute: 18 September 2019
In this report, the authors trace decades of audiovisual
(AV) manipulation to demonstrate how evolving
technologies aid consolidations of power in society. Deepfakes,
they find, are no new threat to democracy. More...
Cases
National Australia Bank Limited v Nautilus Insurance Pte
Ltd (No 2) [2019] FCA
1543
COURTS AND JUDGES – jurisdiction – where
applicant initiated proceeding in Insurance List seeking
declaratory relief in relation to the proper construction of
policies of insurance and reinsurance – where respondents
filed interlocutory applications seeking orders that the
originating application be set aside pursuant to r 13.01 of the
Federal Court Rules 2011 (Cth), or that the proceeding be dismissed
pursuant to s 31A(2) of the Federal Court of Australia Act
1976 (Cth), or an order for summary judgment pursuant to r
26.01 of the Federal Court Rules 2011 (Cth) – whether the
Court has jurisdiction to hear the underlying construction
proceeding – whether there exists a matter arising under a
law of the Parliament – whether the underlying construction
proceeding is in respect of a matter arising under a law of the
Parliament – whether declaratory relief inappropriate due to
hypotheticality and/or inutility – interlocutory applications
dismissed with costs
Australian Constitution, ss 75, 76; Federal Court of Australia
Act 1976 (Cth), ss 19, 21, 22, 23, 31A; Insurance
Contracts Act 1984 (Cth), ss 54, 57; Judiciary Act 1903 (Cth),
s 39B(1A); Supreme Court Act 1970 (NSW), ss 63, 75;
Federal Court Rules 2011 (Cth), rr 9.21, 13.01, 16.21, 26.01
Legislation
Acts
Criminal
Code Amendment (Agricultural Protection) Act
2019
24 September 2019 - Act No. 67 of 2019 as made - Amends
the Criminal Code Act 1995 to introduce two new offences
in relation to the incitement of trespass or property offences on
agricultural land
Combatting Child Sexual Exploitation Legislation Amendment
Act 2019
20 September 2019 - Assent Act no: 72 of 2019 - The Bill
protects children from sexual exploitation by improving the
Commonwealth framework of offences relating to child abuse
material, overseas child sexual abuse, forced marriage, failing to
report child sexual abuse and failing to protect children from such
abuse.
Royal
Commissions Amendment (Private Sessions) Act
2019
16 September 2019 - Act No. 64 of 2019 as made
Regulation
High
Court of Australia Regulations 2019
25/09/2019 - These regulations repeal the High Court of
Australia Regulations 2000 which sunset on 1 October 2019 and
remake them with an increase in the prescribed amount from
$1,000,000 to $2,000,000. The effect of this change will be that
Ministerial approval is required before the High Court may enter
into a contract for any amount above $2,000,000.
Queensland
Bills
Child Death Review Legislation Amendment Bill
Introduced by: Hon Y D'Ath MP on 18/09/2019
Stage reached: Referred to Committee on 18/09/2019
The policy objective of the Amendment Bill is to implement the
recommendation of the Queensland Family and Child Commission report
entitled 'A systems review of individual agency findings
following the death of a child', and give effect to the
Government's commitment to develop a new, independent model for
reviewing child death cases.
Police Powers and Responsibilities and Other Legislation Amendment
Bill
Introduced by: Hon M Ryan MP on 18/09/2019
Stage reached: Referred to Committee on 18/09/2019
Electoral (Voter's Choice) Amendment Bill
Introduced by: Mr D Janetzki on 18/09/2019
Stage reached: Referred to Committee on 18/09/2019
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.