In the media
Promoting privacy and information access rights through
the pandemic
The work of the OAIC to uphold privacy and information
access rights and strengthen online privacy protections is
highlighted in its 2020-21 annual report published today (21
October 2021). More...
OAIC publishes annual report on digital health
The independent privacy regulator for the My Health Record
system and Healthcare Identifiers Service has detailed its
compliance and monitoring activity in its 2020-21 digital health
annual report. The annual report highlights the OAIC's work to
ensure privacy measures for Australia's digital health systems
are upheld (21 October 2021). More...
More illegal gambling sites blocked
The ACMA has requested that Australian internet service
providers block more illegal offshore gambling websites. Following
numerous complaints about these services, the ACMA investigated and
found them to be operating in breach of the Interactive Gambling
Act 2001 (21 October 2021). More...
ACMA penalises financial services telemarketer $100,000
for unlawful calls
Information Support Australia Pty Ltd (trading as Super
Information Team) has paid an infringement notice of $102,120 and
will be subject to an independent review after the Australian
Communications and Media Authority (ACMA) found it
breached telemarketing rules. It was responsible for 880 calls to
phone numbers on the Do Not Call Register in October 2020 (20
October 2021). More...
NSW government told to polish data sharing laws
The NSW government must strengthen data sharing laws to
make them easier for agencies to navigate, enabling the creation of
"high value" datasets, a review has found. The review of
the Data Sharing (Government Sector) Act 2015, tabled in state
parliament last week, found that amendments were needed to maximise
use of the legislation as a tool for data sharing (20 October
2021). More...
Victoria's privacy commission orders release of
secret COVID lockdown briefings
The health department is ordered to release the details of
confidential lockdown briefings in a ruling from the Office of the
Victorian Information Commissioner (20 October 2021). More...
In practice and courts
Attorney-General appointments
Appointments to the Federal Circuit and Family
Court of Australia (Division 1) 15 October
2021
Appointments to the Federal Circuit and Family
Court of Australia (Division 2) 15 October 2021
Increased Resources for the Federal Circuit and
Family Court of Australia Newcastle Registry 15 October
2021
Draft legislation for Australian Government Digital
Identity System
The proposed legislation will enshrine in law, privacy and
consumer safeguards for greater trust in the System as it expands.
This includes more services and sectors, accelerating an
economy-wide rollout. Submissions are open until 27 October
2021. More...
Review of PBR Act and IPEA Act
The statutory review will consider how the current
legislative framework provides appropriate levels of accountability
and transparency to the use of taxpayers' money. The Review
will report by 31 December 2021. More...
APS pay rates in line for a change
The Australian Public Service Commission has issued a
Circular setting out changes to APS pay rates to apply between 1
September this year and 31 August 2022. The full Circular 2021/04
can be accessed on the APSC website here.
Department of Infrastructure, Transport, Regional
Development and Communications: Draft Online Safety (Basic Online
Safety Expectations) Determination 2021 consultation
We are seeking submissions on an exposure draft of the
Online Safety (Basic Online Safety Expectations) Determination
2021. The draft determination sets out the government's demands
for providers that offer a social media service, "relevant
electronic service" or "designated internet
service", including the nine principle-based "core
expectations" included in the Act. View the consultation and consultation paper. Submissions to the
consultation close on 12 November 2021.
Law Council submissions
18 October 2021- Business Law Section
Second round of miscellaneous amendments to
Treasury portfolio laws 2021
18 October 2021- Law Council
Independent Panel Review request for consultation
on the insolvent trading safe harbour
16 October 2021- Business Law Section
Exposure Draft Customs Amendments (Controlled
Trials) Bill 2021
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 (15 October 2021). More...
AAT: In-person hearings in our Canberra, Melbourne and
Sydney registries
Until further notice, in-person hearings in our Canberra,
Melbourne and Sydney registries will only proceed when all parties,
representatives and other participants are willing to show evidence
that they have been fully vaccinated (18 October 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. 21/2021, 18 October 2021
Australian Human Rights Commission Consultation
Have your say in a National Anti-Racism
Framework 20 October 2021
Submissions are open from 21 October to 15 December 2021.
Legal and Constitutional Affairs Legislation
Committee
The performance and integrity of Australia's
administrative review system
Crimes Amendment (Remissions of Sentences) Bill
2021
On 6 October 2021 the committee's reporting date was extended
to 5 November 2021.
The adequacy and efficacy of Australia's
anti-money laundering and counter-terrorism financing (AML/CTF)
regime Report by 2 December 2021.
Constitution Alteration (Freedom of Expression and
Freedom of the Press) 2019
Status: Accepting Submissions Date Referred: 17 June 2021
Submissions Closed: 20 August 2021
Reporting Date: 31 December 2021
Select Committee on Foreign Interference through Social
Media
Select Committee on Foreign Interference through Social
Media to inquire into and report on the risk posed to
Australia's democracy by foreign interference through social
media. The committee is to present its final report on or before
the second sitting day of May 2022 The closing date for submissions
is 31 October 2021.
Consultation on review of the Workplace Gender Equality
Act 2012
The Workplace Gender Equality Agency has invited feedback
on a review of the law covering workplace gender equality in
Australia, on an issued a consultation paper which covers the
current legislation, enshrined in the Workplace Gender Equality Act
2012, as well as gender indicators and continuing employer
reporting obligations. Submissions close on 24 November and further
information can be accessed on the PM&C website here.
Queensland
Court Appointments - 14 October 2021
Two new judges, Ms Deborah Holliday QC and Ms Amanda
McDonnell, have been appointed to the District Court. More...
Magistrates Court of Queensland - COVID-19 Information
Guide
The Magistrates Court of Queensland has released
an information guide that outlines COVID-19
arrangements for courthouses and courtrooms (01 October 2021).
OIC Qld Decisions
14/10/2021 Z32 and Queensland Building and Construction
Commission; J26 (Third Party) [2021] QICmr 52 (14 October 2021) |
Office of the Information Commissioner Queensland
13/10/2021 Y39 and Brisbane City Council [2021] QICmr 51 (13
October 2021) | Office of the Information Commissioner
Queensland
12/10/2021 E33 and Metro South Hospital and Health Service
[2021] QICmr 50 (12 October 2021) | Office of the Information
Commissioner Queensland
Supreme Court protocol for judicial review of Parole
Board Queensland applications
The protocol, which will come into effect from 5 October,
applies to any application made by a prisoner under s22(2) of the
Judicial Review Act 1991 for a statutory order of review of a
failure by the Parole Board Queensland to decide a prisoner's
parole application within the period fixed by s193(3) of the
Corrective Services Act 2006.
The protocol applies to applications filed in the Brisbane Registry
only. See the protocol for full details.
Community Support and Services Committee - QPS -
Criminal Law (Raising the Age of Responsibility) Amendment Bill
2021 (Bill) Consultation
The objective of the Bill is to ensure children under 14
years of age are not incarcerated or otherwise punished under the
criminal legal system, consistent with current medical
understanding of child development and contemporary human rights
standards. The closing date for submissions is 30 November 2021. An
information sheet can be found here.
Public Consultation: QLS Professional Standards
(Limitation of Liability) Scheme 2022-2027
The Society has applied to the Professional Standards
Council of Queensland for approval of a new Professional Standards
Scheme to commence on 1 July 2022 and as part of the process of
that approval the Scheme is now out for Public Consultation until
06 October 2021. More...
Department of the Premier and Cabinet Consultation -
Annual report 2020-21
Feedback survey open until 31 July 2022. By taking a
minute to complete this survey, you will help us improve our annual
reports so readers can use them more effectively.
Department of Justice and Attorney-General - Recording
& Transcription Services
The Department of Justice and Attorney-General is moving
to a new way of delivering recording and transcription services
across Queensland Courts and Tribunals. For information on the
changes, due to be implemented by the end of 2021, please
refer here.
Published - articles, papers, reports
2020-21 annual report
Australian Information Commissioner: Released 18 October
2021
The OAIC made 17 privacy complaint determinations and issued 54
Information Commissioner review decisions that set precedents and
provide guidance to other regulated entities, read the 2020-21
annual report here.
2020-21 digital health annual report
Australian Information Commissioner: Released 21 October
2021
The OAIC received and finalised seven complaints in relation to the
My Health Records system, and received and finalised one complaint
relating to the Healthcare Identifier Service. The OAIC was
notified of two data breaches involving the My Health Record
system. More...
Australian Government Grants Reporting
ANAO Report No 7: 19 October 2021
The objectives of this information report are to provide
transparency of, and insights on, government grants expense and
Commonwealth entities' self-reporting of grants on
GrantConnect. By value, most grants (42 per cent) were awarded
through a closed non-competitive selection process. However, ad
hoc/one-off grants were the most numerous (24 per cent). More...
Annual telco complaints report 2020/21
ACMA: Released 19 October 2021
Telcos received just over one million complaints in the 2020-21
financial year. The report also found that the average time taken
for telcos to resolve customer complaints was 12.2 days. More...
Grattan on Friday: Morrison government faces battle over
integrity commission it doesn't really want
Centre for Public Integrity: 20 October 2021
Those critiquing the dramatic fall of Gladys Berejiklian, who
resigned when the Independent Commission Against Corruption
announced it was investigating the probity of her conduct, have
divided into two camps. More...
Cases
Mineralogy Pty Ltd v Western
Australia [2021] HCA
4. By whom should the costs of this Special Case be paid? Answer:
The plaintiffs.
Constitutional law - State Parliament - legislative power - where
State of Western Australia entered into agreement concerning mining
projects in Pilbara region with Mineralogy Pty Ltd and other
parties (co-proponents) including International
Minerals Pty Ltd - where agreement and 2008 variation set out in
schedules to, and thereby formed part of, Iron Ore Processing
(Mineralogy Pty Ltd) Agreement Act 2002 (WA)
(State Act) - where agreement provided that
Mineralogy Pty Ltd, alone or with co-proponent, could submit
proposals to relevant Minister regarding projects - where two
plaintiff companies submitted proposals to Minister in 2012 and
2013 - where disputes in relation to 2012 proposal referred to
arbitration, resulting in arbitral awards in favour of plaintiffs
in 2014 and 2019 - where in August 2020 Parliament of Western
Australia passed Iron Ore Processing (Mineralogy Pty
Ltd) Agreement Amendment Act 2020 (WA) (Amending
Act) - where Amending Act purported to insert new Pt 3
into State Act, including provisions which would deprive 2012 and
2013 proposals of legal effect (s 9) and deprive 2014 and 2019
arbitral awards of legal effect (s 10) - where plaintiffs commenced
proceedings in High Court's original jurisdiction seeking
declarations that Amending Act wholly or partly invalid - whether
manner of enactment of Amending Act contravened s 6 of Australia
Act 1986 (Cth) - whether Amending Act exceeded limitation on
legislative power of Parliament of Western Australia arising from
rule of law or deeply rooted common law rights - whether ss 9(1),
9(2) and 10(4)-(7) of State Act incompatible with Ch III of
Constitution - whether ss 9(1), 9(2) and 10(4)-(7) of State Act
incompatible with s 118 of Constitution.
High Court - practice - special case - where parties agreed to
state questions of law for opinion of Full Court - where special
case stated facts and identified documents said to be necessary to
enable Court to answer questions of law - whether facts stated and
documents identified sufficient to satisfy Court of necessity of
answering questions of law stated in special case for determination
of immediate right, duty or liability in controversy between
parties.
Palmer v Western
Australia [2021] HCA
31
Constitutional law - state Parliament - legislative power - where
State of Western Australia entered into agreement concerning mining
projects in Pilbara region with Mineralogy Pty Ltd and other
parties (co-proponents) including International
Minerals Pty Ltd - where plaintiff controller and beneficial owner
of Mineralogy Pty Ltd and director of both Mineralogy Pty Ltd and
International Minerals Pty Ltd - where agreement and 2008 variation
set out in schedules to, and thereby formed part of, Iron Ore
Processing (Mineralogy Pty Ltd) Agreement Act 2002
(WA) (State Act) - where agreement provided that
Mineralogy Pty Ltd, alone or with co-proponent, could submit
proposals to relevant Minister regarding projects - where
Mineralogy Pty Ltd and International Minerals Pty Ltd submitted
proposals to Minister in 2012 and 2013 - where disputes in relation
to 2012 proposal referred to arbitration, resulting in arbitral
awards in favour of Mineralogy Pty Ltd and International Minerals
Pty Ltd in 2014 and 2019 - where in August 2020 Parliament of
Western Australia passed Iron Ore Processing (Mineralogy
Pty Ltd) Agreement Amendment Act 2020 (WA)
(Amending Act) - where Amending Act purported to
insert new Pt 3 into State Act, including provisions which would
deprive 2012 and 2013 proposals of legal effect (s 9) and deprive
2014 and 2019 arbitral awards of legal effect (s 10) - where
plaintiff named in Pt 3 - where plaintiff commenced proceedings in
High Court's original jurisdiction seeking declarations that
Amending Act wholly or partly invalid - whether Amending Act
singled out plaintiff for "disability" or
"discrimination" in manner forbidden by s 117 of
Constitution - whether ss 9(1), 9(2) and 10(4)-(7) of State Act
invalid on basis they amounted to exercise of adjudicative
authority regarding controversy within scope of s 75(iv) of
Constitution - whether ss 9(1), 9(2) and 10(4)-(7) of State Act
invalid on basis they constituted bill of pains and penalties -
whether Amending Act exceeded limitation on legislative power of
Parliament of Western Australia arising from rule of law.
Words and phrases - "adjudicative authority", "bill
of pains and penalties", "disability",
"discrimination", "exercise of judicial power",
"legislative power", "rule of law", "text
and structure of the Constitution".
Rock v Legal Aid
NSW [2021] NSWCATAD
308
Administrative Law -access to government information - access
application - prejudice supply of confidential information -
prejudice effective exercise of agency's functions - personal
information - confidential material - false or unsubstantiated
allegations about a person that are defamatory - applicant's
personal factors - not be in the best interests of a child -
contravention of any other Act or statutory rule that prohibits the
disclosure of information - whether public interest considerations
against disclosure, on balance, outweigh the public interest
considerations in favour of disclosure
Crime and Corruption Commission v
Andersen & Anor [2021] QCA
222
ADMINISTRATIVE LAW - ADMINISTRATIVE TRIBUNALS - QUEENSLAND CIVIL
AND ADMINISTRATIVE TRIBUNAL - where the second respondent found the
first respondent liable for misconduct which occurred while
off-duty and imposed a sanction of two penalty units - where the
applicant filed an application with the Queensland Civil and
Administrative Tribunal (QCAT) which sought to
have QCAT set aside that sanction decision and impose what the
applicant contended was the correct and preferable decision - where
QCAT allowed the application and substituted a sanction which
reduced the first respondent's pay by 4 paypoints - where the
first respondent subsequently filed an application for leave to
appeal to the QCAT Appeal Tribunal - where the Appeal Tribunal
ultimately allowed the appeal and reduced the extent of the pay
reduction from 4 paypoints to 1 paypoint - where the applicant
seeks leave to appeal from the Appeal Tribunal's decision and,
if granted, set aside the Appeal Tribunal's orders and
reinstate the sanction imposed by QCAT at first instance - whether
the alleged errors are necessary to correct a substantial injustice
or an important point of principle sufficient to warrant the grant
of leave. Queensland Civil and Administrative Tribunal Act 2009 Qld
s 150
Chadwick v Brisbane City
Council [2021] QCAT
339
ADMINISTRATIVE LAW - ADMINISTRATIVE TRIBUNALS - QUEENSLAND CIVIL
AND ADMINISTRATIVE TRIBUNAL - where dog has attacked and caused
injury on three occasions to persons and other dogs- where dog has
been declared a regulated dangerous dog after first occasion- where
allegedly the dog owner does not show acceptance of responsibility
for the dogs actions - where there is ongoing non-compliance- where
after the third occasion a destruction order has been made- where
dog owner seeks review of the basis for the destruction order
Queensland Civil and Administrative Tribunal Act 2009 QLD s 19, s
20, s 23
Asmar v Albanese (No
4) [2021] VSC 672
ASSOCIATIONS - political parties - Australian Labor Party -
National Executive - intervention in Victorian Branch - resolution
taking over conduct of preselections for House of Representative
seats - challenge to National executive's resolutions by unions
affiliated with the Victorian Branch - whether National Executive
validly exercised power to take over conduct of preselections -
whether power exercised irrationally, illogically, unreasonably or
for improper purposes - structure of ALP - relationship between
National Executive and Branch Rules - whether issues
justiciable.
TRUSTS - whether beneficiaries can bring claim for unlawful
interference with the administration of trusts by third party -
Whether special circumstances existed.
PRACTICE AND PROCEDURE - representative order - whether need for a
common grievance - Supreme Court (General Civil Procedure) Rules
2015 O 18 r2, 4.
Kairouz v Bracks (No
2) [2021] VSC 671
ASSOCIATIONS - political Parties - Australian Labor Party -
National Executive - media allegations of Branch stacking -
intervention in Victorian Branch - administrators appointed -
whether intervention valid - powers of the National Executive - ALP
structure - relationship between the National Constitution and
Branch Rules - Branch Rules - amendment by Administrators - whether
amendments valid - disciplinary charges brought in respect of
alleged branch stacking - whether charges valid - whether issues
raised justiciable.
TRUSTS - whether beneficiaries can bring claim for unlawful
interference with the administration of trusts by third party -
whether special circumstances existed.
Legislation
Commonwealth
Telstra Corporation and Other Legislation
Amendment Bill 2021
22 October 2021 - The Bill proposes a number of amendments to
provide certainty that important consumer safeguards, notably the
universal service obligation and Telstra's obligations in
relation to emergency call services, will continue to be delivered
in an equivalent manner to today.
Australian Federal Integrity Commission
Bill 2021
22 October 2021 - AFIC will have appropriate powers of assessment,
investigation, and referral to enable clear, proportionate, and
practical responses to allegations of serious and/or systemic
corruption issues at the federal level in the public interest, with
comprehensive procedural fairness and whistleblower safeguards.
Spam Amendment (Unsolicited Political
Communications) Bill 2021
21 October 2021 - The Spam Amendment (Unsolicited Political
Communications) Bill 2021 (the Bill) proposes to
amend the Spam Act 2003 (Spam Act) and the Commonwealth Electoral
Act 1918. The purpose of the Bill is to provide consumers with
more control over the receiving of unsolicited electronic and
telephone communication from political parties by addressing
exemptions to laws that otherwise prohibit or limit spam
communication.
Statute Law Amendment (Prescribed Forms)
Bill 2021
21 October 2021 - The main purpose of this Bill is to reduce the
number of provisions on the statute book that require the use of
forms that are prescribed by regulations. The amendments will
enhance administration and promote consistency across the
Commonwealth statute book. The amendments are minor in nature.
Commonwealth Electoral Amendment
(Integrity of Elections) Bill 2021
Introduced and read a first time 18 October 2021 - Amends the:
Commonwealth Electoral Act 1918 to: Provide for the routine
independent auditing of authorised electronic technology used at
federal elections; and require voter identification for electors to
vote in federal elections; and Intelligence Services Act 2001 to
make consequential amendments.
Courts and Tribunals Legislation Amendment
(2021 Measures No. 1) Bill 2021
Introduced and read a first time 18 October 2021 - The purpose of
this omnibus Bill is to make a number of administrative amendments
to improve the operation and clarity of various legislation.
Public Governance, Performance and
Accountability Amendment (Improved Grants Reporting) Bill
2021
Senate 18 October 2021 - Amends the Public Governance, Performance
and Accountability Act 2013 to provide for reporting and tabling
requirements for certain grants which have been approved by a
minister based on an application which an official has recommended
should be rejected or does not meet relevant selection criteria or
which have been approved by a minister, who is a member of the
House of Representatives, for a grantee in their electorate.
Queensland
Small Business Commissioner Bill 2021
(Qld)
Introduced 12/10/2021 - The policy objective of the Bill is to give
effect to the Queensland Government's commitments to
permanently establish a Queensland Small Business Commissioner
(commissioner) and a supporting office. The
proposed legislation will provide a statutory basis for the
commissioner's dispute resolution functions relating to retail
tenancy disputes and enable mediation for commercial leasing and
small business franchise disputes on an opt-in basis
only.
Housing Legislation Amendment Act
2021
No 19 - 20 October 2021 - Amends the Residential Tenancies and
Rooming Accommodation Act 2008.
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.