In the media
Australian unions reject 'unacceptable' proposal
allowing employers access to staff vaccination data
An industry proposal to allow employers to access
vaccination data on their staff has been rejected as
"unacceptable" by the Australian Council of Trade Unions.
The federal government currently indemnifies GPs and other
commonwealth providers of the vaccine but no indemnity exists for
any employers (02 July 2021). More...
Former High Court judge appointed as special
investigator
The Andrews Labor Government is continuing to deliver on
the recommendations of the Royal Commission into the Management of
Police Informants with the appointment of a Special Investigator
(30 June 2021). More...
New procurement council to set PS standards
The Australasian Procurement and Construction Council
(APCC) has launched a campaign to professionalise
public sector procurement. The Chair of the APCC, said the
Council's Public Sector Procurement Profession Role Statement
and Procurement Capability Framework aimed to establish baseline
procurement proficiencies in every public sector jurisdiction. The
APCC's Statement can be accessed at this PS News link and Framework at this link (29 June 2021). More...
LCA: Time for consultation on Respect @ Work
The introduction of the Sex Discrimination and Fair Work
(Respect at Work) Amendment Bill 2021 into Parliament, is a
positive step forward towards the reconsideration of federal
discrimination laws. The Law Council is pleased that this Bill is
being referred to committee for a thorough consultation with key
experts (25 June 2021). More...
Australian Lawyers Alliance: Misuse of COVID-19 tracing
data must be punishable with sanctions and liability
Heavy penalties are needed for leaders in police, law
enforcement and security agencies when they facilitate, or turn a
blind eye to, the unlawful gathering and use of COVID-19 tracing
data. In occupational health and safety laws there is direct
liability for leaders of organisations and this should be the same
in cases involving breaches of privacy (25 June 2021). More...
Government introduces legislation to prevent and address
sexual harassment in Australian workplaces
The Morrison Government is strengthening national laws to
better prevent and respond to sexual harassment and discrimination
in Australian workplaces (24 June 2021). More...
New Court appointments to ease backlog
The Victorian Government has appointed four judges to the
County Court of Victoria, while also appointing a new Coroner in a
move that will finalise more cases and ease pressure on the justice
system (22 June 2021). More...
Law Council calls for more clarity about proposed family
violence regimes
While the Law Council of Australia strongly supports the
intent of the Family Law Amendment (Federal Family Violence Orders)
Bill 2021, there are several issues within the legislation that
need clarification, n how the proposed scheme will actually work
and how it would interact with existing state and territory Family
Violence Order regimes (14 July 2021). More...
Strengthening Australia's cyber security regulations
and incentives
On 13 July 2021, the Australian Government opened
consultation on options for regulatory reforms and voluntary
incentives to strengthen the cyber security of Australia's
digital economy. This work forms part of Australia's Cyber
Security Strategy 2020 and also responds to recommendations of the
2020 Cyber Security Strategy Industry Advisory Panel (13 July
2021). More...
Privacy Act review delayed as reforms stall
A significant review of the Privacy Act has been delayed,
with a discussion paper still yet to be released 18 months after it
was launched, while draft legislation introducing a new penalty
scheme for data breaches announced well over two years ago still
hasn't been produced (08 July 2021). More...
New appointments to anti-corruption watchdog
The Andrews Labor Government has appointed two new Deputy
Commissioners to the Independent Broad-based Anti-Corruption
Commission - further strengthening the agency's vital oversight
role (07 July 2021). More...
HRLC: Lack of oversight and transparency in prison
disciplinary processes: Ombudsman finds
Aboriginal and Torres Strait Islander, legal, human rights
and civil liberties organisations have called on the Andrews
government to take urgent steps to increase transparency and
prevent mistreatment behind bars after a new report has highlighted
serious weaknesses in disciplinary processes in Victorian prisons
(07 July 2021). More...
LCA: Call for tighter reins on powers in an
emergency
While on one hand the Act could provide benefit in a time
of crisis, it could if not revised, potentially remove or
compromise important provisions in the Freedom of Information Act
1982 (Cth), Privacy Act 1988 (Cth), Australian Human Rights
Commission Act 1986 (Cth) and Australian Information Commissioner
Act 2010 (Cth) impacting on the broader rights of individuals (05
July 2021). More...
In practice and courts
Law Council update
The Law Council produces a fortnightly newsletter which
highlights the Law Council's important activities and advocacy,
along with any relevant media and events stakeholders would be
interested in.
24 June 2021
9 July 2021
High Court Bulletin
High Court of Australia Bulletin [2021] HCAB 05 (25
June 2021). More...
AAT: Changes to our application fees on 1 July
2021
Application fees in the Administrative Appeals Tribunal
will increase on 1 July 2021 (28 June 2021). 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.
Issue No. 13/2021, 28 June 2021
Issue No. 14/2021, 12 July 2021
OAIC: Our FOI disclosure log
The information described in our disclosure log has been
released by the OAIC under the Freedom of Information Act 1982 (FOI
Act): Updated May 2021. More...
Commonwealth Parliamentary Review now open for
submissions and interviews: Sex discrimination
The AHRC is inviting contributions for its Independent Review into Commonwealth Parliamentary
Workplaces, accepting written contributions from groups covered
by the Review's
Terms of Reference.
The Review aim is to ensure all Commonwealth Parliamentary
workplaces are safe and respectful and that our national Parliament
reflects best practice. Make a written submission via humanrights.gov.au/cpwreview. Submissions on
the Consultation Paper closed on 9 July. View the Consultation
Paper at this PS News link.
Consumer vulnerability: Expectations for the telco
industry - consultation 27/2021
We want to create a statement of expectations for the
telco industry to improve outcomes for vulnerable consumers.
Closing date 08 September 2021. More...
Have your say on national child protection
framework
People can now contribute to the development of a
five-year plan that will help deliver the next National Framework
for Protecting Children by 'having their say' online.
People can get involved in the online consultation by providing
feedback through the Australian Government's Department of
Social Services Engage website. The public consultation closes on 26
July. To have your say visit engage.dss.gov.au.
AAT: Translation of fact sheets
12/07/2021 - AAT has translated some fact sheets into
selected languages. More...
Victoria
Library bulletin
The Law Library of Victoria produces a fortnightly
bulletin that summarises the latest legislation and cases for the
Victorian jurisdiction, as well as High Court of Australia cases.
Download the most recent Library Bulletin:
Law Library Bulletin No 12 (fortnight
ending 2 July 2021)
Law Library Bulletin No 13 (fortnight
ending 16 July 2021)
IBAC to resume Operation Esperance public hearings
5 July 2021 - IBAC will resume public hearings into
allegations of serious corrupt conduct within Victoria's public
transport sector on 8 July 2021. More...
Equitable briefing policy reporting 2020-2021
The 2020-2021 financial year has recently ended, and
annual reports of Briefing Entities who have adopted the Law
Council's Equitable Briefing Policy are due by 30
September 2021.If you have adopted the policy as counsel, please
provide your annual report for the 2020-2021 financial year
using the portal. The Equitable Briefing Policy Reporting Template
and Guidelines provides detailed information on how to how to
make a report and includes a reporting template to show the
information required
Consultations
Inquiry into Victoria's Criminal Justice System -
have your say
The Legislative Council Legal and Social Issues
Committee is accepting submissions to its Inquiry into
Victoria's criminal justice system. Submissions close
on 1 September 2021. More...
Inquiry into the Use of Cannabis in Victoria - have your
say
The reporting date for this inquiry has been extended to
05 August 2021. Once the report is tabled in Parliament, an
electronic copy will be available for download from the Report page.
Inquiry into Management of Child Sex Offender
Information - have your say
The reporting date for this inquiry has been extended to
30 August 2021. Once the report is tabled in Parliament, an
electronic copy will be available for download from the Report page.
Published - articles, papers, reports
Implementation of recommendations - update
ANAO Audit Insights: 30 June 2021
This edition of audit insights considers the approaches entities
are taking to implement parliamentary and ANAO recommendations to
improve public administration practices and outcomes. It updates
the edition published in November 2019 and draws on audit reports
released since then. More...
IBAC Insights issue 28, June 2021
The June 2021 issue of IBAC Insights includes a message
from our Commissioner and features an update on IBAC's new
corruption prevention strategy, investigations news, research and
special reports, resources, webinars and more. More...
Working better
Wage Inspectorate Victoria: 08 July 2021
From July 2021, it becomes a crime for an employer in Victoria to
dishonestly withhold wages or other employee entitlements. This kit
provides a suite of resources in a variety of formats to
communicate these new laws. More...
Cases
VicForests v Kinglake Friends of the
Forest [2021] VSCA
195
PRACTICE AND PROCEDURE - standing - proposed logging - whether
respondent has standing to bring claim in relation to alleged
unlawful logging operations - whether respondent has interest in
the subject matter of the action such as to support standing
- Australian Conservation Foundation v
Commonwealth (1980) 146 CLR 493; [1980] HCA 53, applied -
standing established - leave to appeal granted - appeal
dismissed
Where the jurisdiction is the supervisory jurisdiction of a court,
which in Australia has a constitutional dimension,[23]
attention needs to be given to the relief that is sought.
The constitutional writs have particular rules as to
standing.
Foster v Department of Health (Review
and Regulation) [2021] VCAT
742
Review and Regulation List - Australian Constitution, s 109 -
Privacy Act 1998 (Cth) - Freedom of Information Act 1982 (Vic) -
Jurisdiction of Tribunal to hear application for review - whether
exemption from disclosure under Victorian freedom of information
legislation is inconsistent with right of access to information
under the Commonwealth privacy legislation.
Legislation
Commonwealth
Bills
Online Safety (Transitional Provisions and
Consequential Amendments) Bill 2021
Finally passed both Houses 22 June 2021
- introduced with the Online Safety Bill
2021, the bill: Repeals the Enhancing Online Safety Act 2015; makes
consequential amendments to 10 Acts; amends the Crimes Act 1914,
Export Market Development Grants Act 1997 and Online Safety Act
2021, when enacted, to make amendments contingent on the
commencement of certain other Acts; and contains transitional and
application provisions.
Hazardous Waste (Regulation of Exports and
Imports) Amendment Bill 2021
Assent Act no: 73 Year: 2021 30 June 2021 - amends the: Hazardous
Waste (Regulation of Exports and Imports) Act 1989 to: implement
Australia's obligations under the Basel Convention on the
Control or Transboundary Movements of Hazardous Wastes and their
Disposal; apply the standard provisions of the Regulatory Powers
(Standard Provisions) Act 2014 and insert new audit powers; update
existing criminal offences and introduce new strict liability
offences and civil penalties to cover non-compliance.
Ransomware Payments Bill
2021
HR 21 June 2021 - this is a stand-alone Bill to establish a
mandatory reporting requirement for Commonwealth entities, State or
Territory agencies, corporations, and partnerships who make
ransomware payments in response to a ransomware attack. The Bill
will require entities who make a ransomware payment to notify the
ACSC of key details of the attack, the attacker, and the payment.
This information will be held by the ACSC.
Regulations
Fair Work Amendment (Respect at Work)
Regulations 2021
09/07/2021 - This instrument amends the Fair Work Regulations 2009
to give effect to recommendation 31 of the Respect@Work: National
Inquiry into Sexual Harassment in the Workplace by adding sexual
harassment to the list of conduct falling within the definition of
'serious misconduct' and supports amendments that would be
made by the Sex Discrimination and Fair Work (Respect at Work)
Amendment Bill 2021 to include 'sexual harassment' in the
existing stop-bullying jurisdiction.
Victoria
Acts Commencements
Justice Legislation Amendment (Supporting Victims
and Other Matters) Act 2020 (Vic)
Date of commencement: 1 July 2021 - Sections 18-43 of this Act came
in by forced commencement on 1 July 2021 (SG292 16.6.2021) Act
Number: 35/2020.
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.