In the media
New laws to prevent criminal misrepresentation of
Commonwealth bodies
Australians will be protected from the deliberately
deceptive behaviour seen during the 2016 election campaign –
the so called Mediscare campaign (18 June 2018).
More...
Budget 2018: Bar talks with Premier Berejiklian yield
$10m extra for early guilty pleas
With the consent of the Premier's office, the
President can inform members that in the NSW Budget to be released
tonight the Treasurer will announce that in addition to $29.5
million for reforms to encourage early guilty pleas, there will be
an additional $10 million in funding for Legal Aid NSW (19 June
2018).
More...
High Court allows appeal from VSC concerning stay of
proceedings: Rozenblit v Vainer
[2018] HCA 23
Last Wednesday, 13 June 2018, the High Court of Australia
unanimously allowed an appeal from the Court of Appeal of the
Supreme Court of Victoria. The appeal, brought by Mr Rozenblit
(the Appellant), concerned an order for a stay of
proceedings made by the primary judge of the Supreme Court of
Victoria under rule 63.03(3)(a) of the Supreme Court (General
Civil Procedure) Rules 2015 (Vic) (the
"Rules"). In allowing the appeal, the High Court
unanimously held that the primary judge's discretion to stay
the original proceedings was miscarried (15 June 2018). More...
Establishment of peak body to counter elder abuse
A new group to be launched by the Attorney-General will
focus on supporting older Australians and protecting them from
elder abuse (14 June 2018).
More...
High Court allows appeal in Defamation Case from
VSCA: Trkulja v Google LLC
[2018] HCA 25
On 13 June 2018, the High Court of Australia unanimously
allowed an appeal from the Supreme Court of Victoria's Court of
Appeal (VSCA). The decision overturned was a
summary dismissal of a defamation proceeding brought by Michael
Trkulja (the "Appellant") against Google
LLC (the "Respondent"). The Court, with
Chief Justice Kiefel, Justices Bell, Keane, Nettle and Gordon
residing, held that the proceeding has a real prospect of success,
contrary to the judgment of the VSCA (13 June 2018). More...
New appointment to Equal Opportunity Board
The Andrews Labor Government has announced the appointment
of Rebecca Dabbs to the Board of the Victorian Equal Opportunity
and Human Rights Commission (13 June 2018).
More...
Australian Government response to the Royal Commission
into Child Sexual Abuse
The Turnbull Government will establish a National Office
for Child Safety and issue a formal apology in response to the
Royal Commission into Institutional Responses to Child Sexual Abuse
(13 June 2018).
More...
In practice and courts
Commonwealth Ombudsman: Commonwealth Ombudsman releases
issues paper into the administration of the international student
protection framework.
The Commonwealth Ombudsman, Mr Michael Manthorpe, has
released an
issues paper into the administration of the international
student protection framework (15 June 2018).
More...
Australian Bar Association Submissions
INSLM: Review of the prosecution and sentencing of children for
Commonwealth terrorist offences (19 June 2018)
Submission to the Joint Select Committee on Constitutional
Recognition Relating to Aboriginal and Torres Strait Islander
Peoples (14 June 2018)
LCA Submissions
Supplementary Submission: Proposed amendments to the Foreign
Influence Transparency Scheme Bill 2017 (FITS Bill) (20 June
2018) —Law Council
Proposed amendments to the Foreign Influence Transparency Scheme
Bill 2017 (FITS Bill) (15 June 2018)—Law Council
Australian Government Response to the Royal Commission
into Institutional Responses to Child Sexual Abuse
The Australian Government is committed to ensuring that
children in institutional care are safe and protected from abuse.
On 13 June 2018, the Australian Government tabled its response to
the Royal Commission into Institutional Responses to Child Sexual
Abuse.
More...
Deferred prosecution agreement scheme code of
practice
Submissions close on Monday, 9 July 2018. The draft code
provides guidance on the intended operation of the DPA scheme and
outlines the DPA process for industry, from the point of entering
into DPA negotiations to fulfilling the terms of a DPA.
More...
OAIC statement update: Joint Statement on the PageUp
Limited Data Incident
While recognising that investigations are ongoing and that
the situation may therefore change, the ACSC emphasises that there
is a significant distinction between information being accessed
(which means there has been a systems breach) and information being
exfiltrated by the offender. In other words, no Australian
information may actually have been stolen (18 June 2018).
More...
Acting Australian Information Commissioner and acting
Privacy Commissioner approves variations to the Privacy (Credit
Reporting) Code 2014
On 29 May 2018, the acting Australian Information
Commissioner and acting Privacy Commissioner approved a variation
of the registered Privacy (Credit Reporting) Code 2014
Version 1.2 (CR Code Version 1.2). The variations
are proposed to commence on 1 July 2018.
More...
Human rights and technology
New challenges to our basic rights and freedoms in an age
of big data, artificial intelligence and social media, will be
explored by leaders in industry, government and academia at a
landmark event in Sydney. The Australian Human Rights
Commission's Human Rights and Technology conference
will take place on 24 July 2018, at the Four Seasons Hotel in
Sydney. More...
ALRC Discussion Paper: Class Action Proceedings and
Third-Party Litigation Funders (DP 85)
The ALRC invites submissions in response to the proposals,
questions and analysis in the Discussion Paper, which is available
here.
Submissions are due to the ALRC by 30 July, 2018.
AAT Bulletins 2018
Issue No. 23/2018, 18 June 2018
Issue No. 22/2018, 12 June 2018
Reminder: Mandatory data reporting update
A number of certifying authorities are already reporting
data, and each of the three reporting options (API, SFTP and mobile
app) are available and in use. Councils and certifiers should be
preparing for the 1 July 2018 mandatory reporting date. The Board
will have an education focus fo the first six months after this
date.
More information:
API and SFTP
specifications
April 2018 roadshow presentation
Certification
data reporting and
FAQs
Copyright modernisation
consultation
Submissions due by 04 July 2028
OAIC Key dates
Australian Government Agencies Privacy Code — Commences 1
July 2018
Queensland
QLS Reminder to practitioners – restrictions on
filed material
The Supreme, District and Land Courts Service reminds
practitioners that the Uniform Civil Procedure Rules 1999
reflect the principle that 'justice must not only be done but
be seen to be done' in that the rules relating to searching and
copying filed documents create a very open regime (20 June 2018).
More...
Practice Directions– restrictions on filed
material
The
Supreme Court Practice Direction 15 of 2013 and
District Court Practice Direction 13 of 2013 (the
PDs) place restrictions on what can be accessed by
non-parties to proceedings. The PDs are designed to ensure that
filed material subject to relevant legislative restrictions is
managed appropriately by the registry and not made available to any
person who is not a party to the action.
OIC Queensland New Guideline: Online and on your phone:
processing access applications for social media, webmail and text
messages
OIC's new guideline Online and on your phone
will assist agencies in identifying when these will be classed as
documents of an agency or a Minister, as well as on capturing and
processing these documents as part of an access application (18
June 2018).
More...
OIC Queensland: Working with applicants – scoping
out the way forward
The OIC has updated the guideline Assessing the Terms
of an Access Application. This guideline was written to bring
existing principles together to provide convenient guidance for
agencies dealing with applications where the documents sought by an
applicant cannot be identified (12 June 2018).
More...
OIC Queensland Follow-up audit report – Council of
the City of Gold Coast
On Tuesday, 12 June 2018, the Chair of the Legal Affairs
and Community Safety parliamentary committee tabled our report into
the Council of the City of Gold Coast's progress in
implementing the 14 recommendations of our 2015-16 compliance
review with the Right to Information Act 2009 (Qld) and
the Information Privacy Act 2009 (Qld).
More...
CCC Prosecutions
CCC determines there are no grounds to investigate Adani and Isaac
Regional Council - 22 June 2018
The Crime and Corruption Commission has determined it is in the
public interest to advise it has completed its assessment of a
financial arrangement between Adani Australia and Isaac Regional
Council.
CCC finalises investigation into QPS officers' conduct at
Coronial Inquest and during Operation Bravo Vista - 13 June
2018
The CCC has completed its investigation into allegations of
possible police misconduct, corrupt conduct and criminal conduct,
including perjury relating to Operation Bravo Vista, the Queensland
Police Service's (QPS) investigation into the
disappearance of Daniel Morcombe and subsequent evidence given at
the Coronial Inquest.
QAO Consultation: Delivery of shared services in
Queensland
The objective of this audit is to assess whether the
Queensland Government's shared service functions are delivering
value for money now, and are well positioned to successfully
deliver into the future.
More...
Queensland Sentencing Advisory Council: Call for
submissions — Sentencing for child homicide offences
The Queensland Sentencing Advisory Council is seeking your
views on sentencing for child homicide offences. Community input
into the review is important to ensure the views of Queenslanders
can be taken into account by the Council in its advice to the
Attorney-General. The Submissions deadline is 31 July 2018. Click
to see the
summary paper and
consultation paper. Click to make a
submission.
Published – articles, papers, reports
'Falling through the cracks'
Robert Gruhn; Ethnic Communities' Council of
Victoria: 21 June 2018
The consultation findings presented in this paper confirm that
the inability to access mental health services in a timely and
effective manner leads to increased disadvantage and disengagement
for culturally diverse individuals who are already highly
vulnerable in many cases. More...
Compliance with Foreign Investment Obligations for
Residential Real Estate
ANAO Report No 48: 19 June 2018
The objective of this audit was to assess the effectiveness of
the Australian Taxation Office's (ATO) and
Treasury's management of compliance with foreign investment
obligations for residential real estate.
More...
Interim Report on Key Financial Controls of Major
Entities
ANAO Report No 47: 14 June 2018
The Australian National Audit Office (ANAO)
publishes two reports annually addressing the outcomes of the
financial statement audits of Australian government entities and
the Consolidated Financial Statements (CFS) of the
Australian Government, to provide the Parliament of Australia with
an independent examination of the financial accounting and
reporting of public sector entities.
More...
When saying no is not an option: forced marriage in
Australia and New Zealand
Samantha Lyneham, Samantha Bricknell; Australian
Institute of Criminology: 15 June 2018
This report uses interviews with victims of forced marriage,
community members, and government and non-government stakeholders
in Australia and New Zealand, to describe the perceptions and
realities of forced marriage. More...
Investigation into the administration of the Fairness
Fund for taxi and hire car licence holders
Victorian Ombudsman: 14 June 2018
Taxi and hire car licence holders were given the
"bureaucratic run-around" when seeking payments from the
Fairness Fund set up by the state government to provide them prompt
financial assistance, the Victorian Ombudsman has found. More...
Cases
Bosanac v Commissioner of Taxation
[2018] FCA 946
INCOME TAX – appeal by taxpayer from objection
decision disallowing objections to notices of amended assessment
– whether applicant discharged onus of proving impugned
assessments were excessive.
ADMINISTRATIVE LAW – where Commissioner excluded applicant
from "Project DO IT" initiative – challenge to
validity of the resulting amended assessments and assessments of
shortfall penalty pursuant to s 39B of the Judiciary Act
1903 (Cth) – whether reliance upon this initiative was
justiciable in Pt IVC tax appeals.
Australian Building and Construction Commissioner v
Construction, Forestry, Mining and Energy Union (The Laverton North
and Cheltenham Premises Case) [2018] FCAFC
88
STATUTORY INTERPRETATION – meaning of
"exercising, or seeking to exercise, rights in accordance with
this Part" in s 500 of the Fair Work Act 2009 (Cth)
– whether a permit holder who refuses or fails to comply with
s 487 or s 498 could be found to be exercising or seeking to
exercise a right in accordance with Part 3-4 of the Fair Work
Act 2009 (Cth) – whether "in accordance with"
means "in conformity with" or "covered
by".
STATUTORY INTERPRETATION – meaning of "otherwise act in
an improper manner" in s 500 of the Fair Work Act
2009 (Cth) – whether a bare failure to comply with s 487
or s 489 constitutes acting in an improper manner.
STATUTORY INTERPRETATION – meaning of "workplace
right" in s 341(1) of the Fair Work Act 2009 (Cth)
– whether the ability of an occupier to request the
production of authority documents under s 489 constitutes an
entitlement to the benefit of, or a role or responsibility under, a
workplace law for the purposes of s 341(1)(a) – whether a
request for authority documents constitutes initiation of, or
participation in, a process or proceeding under a workplace law for
the purposes of s 341(1)(b). Building and Construction Industry
Improvement Act 2005 (Cth) ss 36(1), 36(1)(b).
Rex Bashford and Department of Jobs and Small Business
(Freedom of information) [2018] AICmr
55
Freedom of Information — Whether documents subject
to legal professional privilege — (CTH) Freedom of
Information Act 1982 s 42.
Read v Military Rehabilitation and Compensation
Commission [2018] FCA
848
ADMINISTRATIVE LAW – military compensation –
appeal against decision of the Administrative Appeals Tribunal
– whether a want of logicality in Tribunal's reasons
– omission of a link in findings of fact as to why applicant
ineligible for compensation because he did not suffer from the
metal ailment claimed. Held – appeal allowed, decision of the
Administrative Appeals Tribunal set aside.
PRACTICE AND PROCEDURE – appeal against decision of the
Administrative Appeals Tribunal – power of the Court under s
44 of the Administrative Appeals Tribunal Act 1975 (Cth)
to make prescriptive remitter order.
Ugarin Pty Ltd v Lockyer Valley Regional
Council [2018] QCA
121
ADMINISTRATIVE LAW – JUDICIAL REVIEW – GROUNDS
OF REVIEW – JURISDICTIONAL MATTERS – where the
appellant owns 22 hectares of land that has been developed for use
as a shopping centre – where the appellant's land is
situated within the local government area of the respondent –
where the respondent issued a rates notice to the appellant in 2015
stating that its land was within differential general rates
category 8 – where the effect of this was that the rates
payable by the appellant increased compared to previous years
– where the appellant submits that the respondent could only
levy rates and categorise rateable land by resolution at its budget
meeting – where the appellant submits that there had been no
actual approval by resolution of the Land Use Codes that had
altered the rates – where s 94 of the Local Government
Act 2009 does not constrain the form of the resolution
constituting a local government's decision to categorise
rateable land – where reg 81 of the Local Government
Regulation 2012 requires that the resolution state the
different categories of rateable land and describe each of them
– whether the Land Use Codes had been adopted by resolution
in the manner required by reg 81 of the Local Government
Regulation 2012.
Chibanda v Chief Executive, Queensland Health
[2018] QSC 128
ADMINISTRATIVE LAW – JUDICIAL REVIEW –
PROCEDURE AND EVIDENCE – TIME FOR APPLICATION – where
applicant applies for judicial review several years after
"decisions" made – whether applicant ought be
granted extension of time where no adequate explanation for
delay.
Legislation
Commonwealth
Court and Tribunal Legislation Amendment (Fees and Juror
Remuneration) Regulations 2018
21 June 2018 - These regulations amend multiple
regulations to update the fees payable in the federal courts and
tribunals, and juror remuneration in the Federal Court of
Australia. These regulations provide that fees and juror
remuneration will index to Consumer Price Index
(CPI) annually, rather than biennially.
Additionally, the regulation increases base fees payable in the
High Court of Australia (17.5%), the Federal Court (3.9%) and for
general federal law matters in the Federal Circuit Court of
Australia (3.9%).
Bills
Commonwealth Electoral Amendment (Lowering Voting Age and
Increasing Voter Participation) Bill 2018
19 June 2018 - The changes to the Commonwealth
Electoral Act 1918 are intended to lower the minimum age of a
voter in Australian federal elections and referenda from 18 to 16
years of age, while keeping the minimum age of compulsory voting
and eligibility to stand as a federal parliamentarian at 18 years
of age.
National Redress Scheme for Institutional Child Sexual Abuse Bill
2018
Finally passed both Houses 19 Jun 2018 Assent Act no:
45 Year: 2018 21 June 2018
Introduced with the National Redress Scheme for Institutional
Child Sexual Abuse (Consequential Amendments) Bill 2018, the
bill implements the joint response of the Commonwealth Government,
the government of each participating state and territory, and each
participating non-government institution to recommendations of the
Royal Commission into Institutional Responses to Child Sexual
Abuse's Redress and Civil Litigation Report by: establishing
the National Redress Scheme for Institutional Child Sexual Abuse to
operate for a 10-year period from 1 July 2018; providing a payment
of up to $150 000 to survivors; providing access to counselling and
psychological services to survivors; and providing an option for
survivors to receive a direct personal response from the
responsible institution.
More...
National Redress Scheme for Institutional Child Sexual Abuse
(Consequential Amendments) Bill
2018
Finally passed both Houses 19 June 2018 Assent Act no: 46
Year: 2018 21 June 2018
Introduced with the National Redress Scheme for Institutional
Child Sexual Abuse Bill 2018, the bill amends the
Administrative Decisions (Judicial Review) Act 1997 to
exempt decisions made under the national redress scheme from
judicial review; Freedom of Information Act 1982 to exempt
protected information from disclosure under the Act; Social
Security (Administration) Act 1999 to enable the use and
disclosure of protected information if it is done for the purposes
of the national redress scheme; and Age Discrimination Act
2004 to enable the exclusion of children applying to the
national redress scheme if they will not turn 18 during the life of
the scheme. HR Third reading 29 May 2018.
More...
Acts
Criminal Code Amendment (Impersonating a Commonwealth Body)
Act No 44 of 2018
Registered 22 June 2018 Date of Assent 21 June 2018
Queensland
Subordinate legislation as made
No 82
Civil Liability and Other Legislation (Prescribed Amounts)
Amendment Regulation 2018 (22 June 2018).
Part 2 Amendment of Civil Liability Regulation 2014 - 4
Amendment of s 6 (Prescribed amount of damages for loss of
consortium or loss of servitium—Act , s 58 (1) (b) ) ; 5
Amendment of s 9 (Prescribed amount of award for future
loss—Act , s 64 (2) ); 6 Amendment of sch 7 (General damages
calculation provisions).
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.