In the media
AFP disclosure regarding ACT Policing's access to
telecommunications data
The Commonwealth Ombudsman, acknowledges the AFP's
announcement today of compliance issues it has identified affecting
ACT Policing's handling of requests for certain types of
telecommunications data. The Ombudsman has made suggestions to the
AFP to ensure that it comprehensively examines the extent to which
specific legislative provisions in force at the relevant times were
breached, and their implications (11 March 2020).
More...
New Resource to teach school children about digital
health records
Schools are being given the opportunity to teach students
about their rights in managing their digital health records, using
a new resource designed by the National Children's
Commissioner. Under the My Health Record system, children aged 14
years and over can manage their own records. They may do so
independently, or they can grant access to parents or guardians (11
March 2020).
More...
Katherine gets $92.5 million from class action
settlement
Katherine residents will receive $92.5 million as a result
of the successful class action against the Federal Government on
PFAS contamination. Documents released by the Federal Court of
Australia show Katherine is set the receive the biggest chunk of
the $212.5 million which was agreed on late last month (11 March
2020).
More...
Commissioner launches Federal Court action against
Facebook
The Australian Information Commissioner has lodged
proceedings against Facebook in the Federal Court, alleging the
social media platform has committed serious and/or repeated
interferences with privacy in contravention of Australian privacy
law (09 March 2020).
More...
Report on foreign influence released
Secretary of the Attorney-General's Department, Chris
Moraitis said that in the first 12 months since the Scheme was
introduced in December 2018, no referrals for investigation or
prosecutions had been made, but played an important role in
supporting the integrity of Australia's Federal election on 18
May 2019 (09 March 2020).
More...
Committee to examine impact of litigation funding on
justice outcomes
A parliamentary committee will be asked to examine the
extraordinary profits being made by the booming litigation funding
industry to determine whether Australians are receiving their fair
share of class action settlements (05 March 2020).
More...
Sex Discrimination Commissioner launches Respect@Work
report of the National Inquiry into Sexual Harassment in Australian
Workplaces
Sex Discrimination Commissioner has today launched
Respect@Work, the Australian Human Rights Commission's report
of the National Inquiry into Sexual Harassment in Australian
Workplaces 2020. Through a package of 55 recommendations,
Respect@Work proposes a new approach for government, employers and
the community to better prevent and respond to sexual harassment in
the workplace (05 March 2020).
More...
APS complaints handling probed
The Commonwealth Ombudsman has released a report (Lessons
in good complaint handling) of his enquiry into complaints handling
in the Australian Public Service (APS). The report
has highlighted some of the areas for improvement we identified
across the three agencies in the 2019 (05 March 2020).
More...
Overturning previous child abuse settlements
Have your say on potential reforms to empower NSW courts
to set aside unjust settlement agreements between child abuse
survivors and responsible institutions – that's the call
from Attorney General Mark Speakman today (04 March 2020).
More...
Inquiries into Alinta Energy
The Office of the Australian Information Commissioner
(OAIC) is making preliminary inquiries into Alinta
Energy's handling of Australians' personal information (03
March 2020).
More...
Protecting emergency workers from Harm
It will be even harder for people who assault emergency
workers to use "special reasons" to avoid a jail term
under new laws introduced into Parliament. The Sentencing Amendment
(Emergency Worker Harm) Bill 2020 will require courts to impose a
sentence of imprisonment in all cases where an offender recklessly
or intentionally injures an emergency worker on duty (03 March
2020).
More...
Emails blamed for data breaches
The Office of the Australian Information Commissioner (OAIC) has announced that almost one in three data breaches in Australia have been linked to compromised login credentials, in her latest report Notifiable Data Breaches (NDB) Report (02 March 2020). More...
The principles of open justice must be protected, says
the Law Council
The Law Council believes that the INSLM review of the
operation and provisions of the NSI Act relating to Witness J will
ensure that the suppression of disclosure or publication of
judgments, convictions, sentences and sentencing remarks is
confined to the most exceptional cases (04 March 2020).
More...
Law Council of Australia President, Pauline Wright,
statement regarding biosecurity control orders
Powers under the Biosecurity Act 2015 (Cth) are
extraordinary and must be approached with the utmost caution and
should only be used as a last resort. The exceptional powers under
the Act do not have the types of safeguards and independent
oversight protections afforded to our law enforcement and security
agencies' exercise of coercive powers (03 March 2020).
More...
In practice and courts
COAG Meeting Communiqué, 13 March 2020
The Council of Australian Governments
(COAG) held its 48th general meeting today in
Sydney. The discussion focussed on Australia's response to
coronavirus (also known as COVID-19) and on recovery from the
2019-20 bushfires. Leaders also made progress on a range of
existing COAG priorities, directed at improving the current and
future wellbeing of Australians.
More...
Coronavirus (COVID-19) precautions at Courts and
Tribunals
The
Federal Court of Australia, the
Family Court of Australia and the
Federal Circuit Court have this week issued notices directed at
minimising the spread of the virus in the community (March
2020).
AAT Bulletin
The AAT Bulletin is a weekly publication containing a list
of recent AAT decisions and information relating to appeals against
AAT decisions. Issue No. 9/2020, (9 March 2020).
More...
Law Council of Australia Submissions
02 March 2020— Law Council
Council of Attorneys-General – Age of Criminal Responsibility
Working Group Review
02 March 2020— Law Council
Model Operating Requirements & Model Participation Rules:
Consultation Drafts Version 6
Legal Services Council newsletter - Issue 1
Click
here to view issue 1 for 2020 of the Legal Services Council
newsletter.
ANAO Performance Audits in Progress
Due to table: June, 2020; Open for contribution
Administration of financial disclosure requirements under the
Commonwealth Electoral Act
Due to table: June, 2020 Open for contribution
Management of the Australian Government's Register of Lobbyists
— follow-up
OAIC Submissions
Voluntary Code of Practice Securing the Internet of Things for
Consumers — submission to the Department of Home Affairs
(06 March 2020)
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
Legal and Constitutional Affairs Legislation
Committee
Federal
Circuit and Family Court of Australia Bill 2019 [Provisions] and
Federal Circuit and Family Court of Australia (Consequential
Amendments and Transitional Provisions) Bill 2019
[Provisions]
Crimes
Legislation Amendment (Combatting Corporate Crime) Bill
2019
COVID-19 Procedural changes at the Sydney District
Court
The Chief Judge of the District Court has today issued a
note regarding
procedural changes in response to concerns about the spread of
coronavirus, commencing Wednesday 18 March 2020.
Supreme Court - Coronavirus update
The Chief Justice has issued updated information relating
to procedural changes in light of the latest Coronavirus
recommendations. The changes will take effect from Monday 23 March.
Click
here.
BOSCAR: NSW Recorded Crime Statistics quarterly update
December 2019
The offences trending upward were domestic violence
related assault (up 5.0%), and steal from retail store (up
8.3%). The offence trending down was steal from person
(down 7.1%) (04 March 2020).
More...
IPC NSW: Contract register requirements and the GIPA Act
by the NSW Information Commissioner
The Government Information (Public Access) Act 2009 (GIPA
Act) requires that contract information is made publicly available
by government agencies through a publicly available contract
register (12 March 2020).
More...
Consultations
Setting aside settlement agreements for past child abuse
The NSW Government is seeking submissions on potential reforms to
allow NSW courts to set aside historical settlement agreements for
child abuse. Submissions close on 15 April 2020
NSW DCJ: Update to child protection reporting
From 1 March 2020 amendments to the Children
and Young Persons (Care and Protection) Act 1998 (Care Act)
will commence to expand mandatory reporting groups and provide
greater protections for reporters.
More...
Published - articles, papers and reports
Australian government procurement contract reporting
update
Australian National Audit Office: 11 March 2020
This information report seeks to provide greater transparency on
procurement activity in the Australian public sector. The report is
presented in a variety of ways, including tables and figures,
publicly available data from public sector procurement activity
recorded in AusTender. More...
More news is good news: the case against restricting
broadcast journalism
Gideon Rozner; Institute of Public Affairs: 09 March
2020
In light of the issues presented by ACMA's inquiry and the
debate around news and the media more broadly, the Institute of
Public Affairs has released this research report, which outlines
the case against further regulation of broadcasting, as well as
several recommendations on the way in which policy-makers can
create a stronger news landscape. More...
Gender inequality in Australia's labour market: a
factbook
Alison Pennington, Jim Stanford; Centre for Future Work:
06 March 2020
This publication outlines evidence on over 60 different statistical
indicators of gender inequality in Australia, organised into 18
different subject groupings. It paints a composite picture of how
women are blocked from full participation in work and economic
activity, experience greater precarity in employment, are paid less
for their efforts, and experience other forms of exploitation. More...
A fair and responsive public service for all
Peter Bridgman; Government of Queensland: 04 March
2020
This report finalises an intensive review of public sector
employment laws in Queensland and recommends changes that include
different language and concepts about how and why people work for
the State Government in its various guises. More...
Report to the Australian Senate on anti-competitive and
other practices by health insurers and providers in relation to
private health insurance
Australian Competition and Consumer Commission: 04 March
2020
This report analyses key competition and consumer developments and
trends in the private health insurance industry between 1 July 2018
and 30 June 2019, including ACCC enforcement and other actions
relating to the health sector. More...
Back to basics: professional conduct in and with the
Courts
Speech delivered at judicial CLE session, Cairns, 19
February 2020
Professional integrity is essential for making a good impression.
This is especially true for the courtroom advocate and attendees.
More...
The identity theft response system
Megan Wyre, David Lacey and Kathy Allan, (2020) AIC,
Trends and Issues in Crime and Criminal Justice (No. 592)
Identity theft continues to grow in prevalence and complexity.
Despite this growth, little is known about the identity theft
response system and how it assists victims to recover. This study
examines the response system by analysing 211 identity theft cases
reported to IDCARE, a national identity and cybercrime victim
support service. More...
Cases
Whiteoak v State Parole Authority and the
Attorney-General of NSW [2020] NSWSC
185
Administrative Law – Judicial Review –
Statutory construction – Plaintiff previously convicted of
murder and sentenced to life imprisonment – Sentence
subsequently re-determined so as to incorporate a non-parole period
– Where non-parole period expired and plaintiff sought
release on parole – Plaintiff a citizen of the United Kingdom
who had never applied for Australian citizenship – Where
plaintiff's visa had been cancelled and plaintiff was liable to
immediate deportation to the United Kingdom upon release –
Evidence before the Authority to support the conclusion that the
plaintiff required assistance to reintegrate into the community and
address the risk of reoffending – No means available for any
supervision of the plaintiff if he left Australia – Where the
State Parole Authority refused the plaintiff's application for
release on parole – Whether the Authority erred in taking
into account the fact of the plaintiff's inevitable deportation
– Whether the Authority erred in concluding that the
interests of the safety of the community extended to the community
in the United Kingdom to which the plaintiff proposed to relocate
upon release and deportation Words and Phrases –
"community" – "general community" –
"interests of the safety of the community"
Attorney General for New South Wales v Melco Resorts
& Entertainment Limited [2020] NSWCA
40
COMMISSIONS OF INQUIRY – inquiry established under
Casino Control Act 1992 (NSW) – whether conferral of powers
and authorities of a commissioner under the Royal Commissions Act
1923 (NSW) included power to compel testimony or production of
documents irrespective of claim of legal professional privilege
– meaning of s 143A of Casino Control Act – whether a
witness summoned by or appearing before the person presiding at an
inquiry entitled to claim legal professional privilege.
PRIVILEGE – legal professional privilege – whether s
143A of Casino Control Act operated to abrogate legal professional
privilege – whether s 143A of Casino Control Act conferred
power to compel production of documents irrespective of legal
professional privilege.
STATUTORY INTERPRETATION – whether s 17(1) of the Royal
Commissions Act conferred a power or authority on a commissioner
– whether s 143A of the Casino Control Act picked up s 17(1)
of the Royal Commissions Act and abrogated legal professional
privilege – principle of legality – legislation to be
construed in context of case law existing at time of enactment
– meaning of "protection" afforded to a witness in
s 11(3) of Royal Commissions Act – permissible use of
extrinsic materials.
Webb v Port Stephens Council; Webb v Port Stephens
Council; Port Stephens Council v Webb [2020]
NSWCATAD 81
GIPA Act applications – application for review and
referral for contempt based on non-compliance of orders of Tribunal
- held both applications dismissed because they lacked substance
and were vexatious. GIPA Act application for restraint order under
section 110 – held conduct of person making applications
justified the making of a restraint order-order made. Costs
reserved
Lawson v Minister for Environment and
Water [2020] NSWSC
186
STATUTORY INTERPRETATION – Legislative purpose
– whether land vested in South Australia for an estate in fee
simple under s 18 River Murray Waters Act 1915 (NSW) on
commencement of that Act on 31 January 1917 – whether, as a
consequence of the vesting, any and all interests in the land
acquired through adverse possession or held as native title rights
were extinguished upon commencement of the Act – was the
vesting of the land by the Act a "previous exclusive
possession act" for the purposes of s 23B of the Native Title
Act 1993 (Cth) and s 20 of the Native Title (New South Wales) Act
1994 (NSW)
PROCEDURE – separate questions for determination
Mashayekhi v Legal Aid NSW [2020]
NSWCATAD 78
JURISDICTION – administrative review – legal
aid - relevance of issues raised by the Applicant – enabling
legislation – basis of Tribunal's jurisdiction.
Tanious v NSW Land and Housing
Corporation [2020] NSWCA
35
APPEALS – leave to appeal under Supreme Court Act
1970 (NSW) s 101(2)(r) - appeal against primary judge's refusal
to grant leave to appeal against decision of NSW Civil and
Administrative Tribunal – primary judge refused leave for
failure to identify questions of law on appeal as required by Civil
and Administrative Tribunal Act 2013 (NSW) s 83(1) – no error
in primary judge's reasons for refusing leave –
application for leave to appeal dismissed
Jankovic v Director of Public
Prosecutions [2020] NSWCA
31
CRIME – offences against police in execution of duty
– whether police in execution of duty when alleged offences
committed – accused arrested without warrant – whether
arrest lawful – whether there was evidence on which the court
could find, as required by s 99(1)(b) of the Law Enforcement
(Powers and Responsibilities) Act 2002 (NSW), that the arresting
officer was "satisfied" that arrest without warrant was
"reasonably necessary" for a reason stated in that
section – meaning of "reasonably necessary" –
need for police officer to engage in a process of comparison and to
make an evaluative judgment regarding proportionate response to
risk. ADMINISTRATIVE LAW – judicial review of decision of the
District Court dismissing appeal from the Local Court against
conviction – review not available unless jurisdictional error
established – where function of the District Court was to
conduct appeal by way of rehearing "on the basis of" the
evidence in the Local Court – where the District Court made a
central finding of fact for which there was no basis in the Local
Court evidence – whether error of law – whether
jurisdictional error. ADMINISTRATIVE LAW – judicial review of
decision of the District Court refusing to submit a question for
determination by the Court of Criminal Appeal – whether
refusal on erroneous basis that the question was obviously baseless
was constructive refusal to exercise jurisdiction – whether
jurisdictional error.
Forbidden Foods Pty Ltd v Rice Marketing Board for the
State of NSW (No 2) [2020] NSWCATAD
73
GOVERNMENT INFORMATION – access application –
whether overriding public interest against disclosure –
publication of reasons – disclosure to intervenor
Betzis v Commissioner of Police
[2020] NSWCATAD 71
ADMINISTRATIVE LAW – administrative review -
Government Information – refusal to deal with application
– whether information is available to applicant under
subpoena or other order of a court – exercise of discretion
to refuse to deal ADMINISTRATIVE LAW – administrative review
- Government Information – excluded information –
whether information relates to judicial functions of coroner
ADMINISTRATIVE LAW – administrative review - Government
Information – balancing the public interest
Legislation
Commonwealth
Bills
Telecommunications Legislation Amendment (International
Production Orders) Bill 2020
Amends the Telecommunications (Interception and Access)
Act 1979 to: provide a framework for Australian agencies to obtain
independently-authorised international production orders for
interception, stored communications and telecommunications data
directly to designated communications providers in foreign
countries with which Australia has a designated international
agreement; make amendments contingent on the commencement of the
proposed Federal Circuit and Family Court of Australia Act 2020;
and remove the ability for nominated Administrative Appeals
Tribunal members to issue certain warrants. Also amends: six Acts
to make consequential amendments; and the Surveillance Devices Act
2004 to correct a drafting error.
House of Representatives 05 March 2020
National Integrity Commission Bill
2019
The bill: establishes the Australian National Integrity
Commission as an independent public sector anti-corruption
commission for the Commonwealth; provides for the appointment,
functions and powers of the National Integrity Commissioner and
commissioners; and makes consequential amendments to the Law
Enforcement Integrity Commissioner Act 2006, Ombudsman Act 1976 and
Public Interest Disclosure Act 2013.
House of Representatives. Removed from the Notice Paper in
accordance with (SO 42) 03 March 2020
Regulation
Telecommunications
(Emergency Call Service) Amendment Determination 2020 (No.
1)
06/03/2020 - This instrument amends the Telecommunications
(Emergency Call Service) Determination 2019 which imposes
requirements on carriers, CSPs and the ECPs in relation to
emergency call services.
Remuneration
Tribunal Amendment Determination (No. 1) 2020
04/03/2020 - This determination amends the Remuneration
Tribunal (Remuneration and Allowances for Holders of Full time
Public Office) Determination 2019 and the Remuneration Tribunal
(Remuneration and Allowances for Holders of Part time Public
Office) Determination 2019.
NSW
Proclamations commencing Acts
Better
Regulation Legislation Amendment Act 2019 No 23 (2020-85)
— published LW 13 March 2020
Proclamation is to commence an amendment to the Residential
Tenancies Act 2010 that excludes the application of that Act to
certain short-term rental accommodation arrangements unless the
person given the right to occupy the premises under the
arrangement
Fair
Trading Amendment (Short-term Rental Accommodation) Act 2018 No
41 (2020-86) — published LW 13 March 2020
Regulations and other miscellaneous instruments
Fair
Trading Amendment (Code of Conduct for Short-term Rental
Accommodation Industry) Regulation 2020 (2020-88) —
published LW 13 March 2020
Rail
Safety (Adoption of National Law) Amendment (Drug and Alcohol
Testing) Regulation 2020 (2020-89) — published LW 13
March 2020
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.