In the media
On The Spot Fines To Keep Victorians Safe
The Victorian Government is working to protect our health
system and those at most risk of contracting coronavirus, with
Victoria Police being given the power to issue on the spot fines of
up to $1,652 for individuals and up to $9,913 for businesses who
don't follow the rules (28 March 2020).
More...
COVID-19 response from Australian privacy
regulators
Privacy Commissioners and Ombudsmen around the country
appreciate that individuals, organisations and government are
facing significant challenges to stop the spread of COVID-19. The
use of personal information is part of addressing this public
health crisis (27 March 2020).
More...
COVID-19: Important information for industry
The ACMA is responsible for protecting Australian
industry, consumers and audiences in areas that remain vital at
this time—such as the accuracy of news, management and the
availability of support for consumers who may be experiencing or
may otherwise be vulnerable (27 March 2020).
More...
COVID-19 Emergency laws introduced to parliament to
boost community safety
The NSW Government will introduce an emergency Bill to
Parliament comprising a broad range of amendments to existing laws
to help combat the spread of COVID-19 (24 March 2020).
More...
Fair Work 'nudges' for better outcomes
President of the Commission, Justice Iain Ross said that
applying behavioural insights to the Commission's public
information and processes could help reduce the anxiety, stress and
confusion that parties experienced when navigating the legal
process in unfair dismissal cases (16 March 2020).
More...
State Of Emergency for Coronavirus Extended To Save
Lives
Police have strong powers to enforce these directions and
can issue on the spot fines, including up to $1,652 for individuals
and up to $9,913 for businesses. Under the State of Emergency
people who don't comply could also be taken to court and
receive a fine of up to $20,000 (12 April 2020).
More...
Over 200 organisations outline human rights concerns at
outset of COVID crisis
More than 200 not-for-profit and community organisations
have backed a major report calling on the Australian Government to
strengthen its commitment to human rights in its laws, policies and
practices (09 April 2020).
More...
Parliamentary scrutiny of Federal Government's
COVID-19 response vital for democracy
The Human Rights Law Centre welcomed the Senate's vote
to establish a cross-party Senate Select Committee to provide
democratic oversight and scrutiny of the Morrison Government's
response to the COVID-19 public health emergency (08 April 2020).
More...
PS staff volunteer for virus response
Around 2,000 Australian Public Service
(APS) staff have volunteered to be redeployed
during the COVID-19 pandemic response. APS Commissioner, Peter
Woolcott said that in the short term, the key priority was
increasing capacity in areas critical to the delivery of services
during the pandemic, specifically the Department of Health and
Services Australia (06 April 2020).
More...
New PS privacy guide for pandemic
Updated privacy guidelines for Departments and Agencies
during the COVID-19 health crisis have been released by the Office
of the Australian Information Commissioner (OAIC)
(06 April 2020).
More...
Restrictions On The Sale Of Firearms And Ammunition in
Victoria
The sale of firearms and ammunition for sporting or
recreational purposes will be temporarily banned, following
deliberations by the National Cabinet. The new measures are
designed to protect licensed firearm owners and dealers as well as
the broader community (31 March 2020).
More...
Special team to boost tracking and enforcement in bid to
halt coronavirus
In an Australian first, the Palaszczuk Government will
establish a dedicated team to boost tracking in the
government's fight against coronavirus. Attorney-General and
Minister for Justice Yvette D'Ath said the new enforcement unit
has one purpose, and that's to protect public health - it will
have strong powers and won't hesitate to use them (31 March
2020).
More...
Covid safe: Australian government launches coronavirus
tracing app amid lingering privacy concerns
Australians can now download the government's
controversial coronavirus contact tracing app, Covidsafe, amid
ongoing concerns about privacy of those using the app. The Health
minister has published a determination that prevents the data being
used for other purposes, including for law enforcement purposes or
court orders, and the data must be held within Australia (26 April
2020).
More...
Legislation to Support Jobs, Services and Victorians
Passes
Emergency measures to support Victorians, save lives,
protect businesses and jobs, and continue delivering vital
government services during the coronavirus pandemic have passed
Victorian Parliament. The four Bills enable Victoria to respond to
the unprecedented challenges created by coronavirus on our
healthcare system and our economy (24 April 2020).
More...
LCA: Privacy protections must be built into COVID-19
tracking app
While the Law Council of Australia acknowledges the
government's desire to improve the efficiency of COVID-19
contact tracing arrangements through the roll out of a tracing app,
the privacy settings of any such app will require careful scrutiny,
with many in the community understandably hesitant about the
collection of their personal information by the government (20
April 2020).
More...
Temporary emergency measures to manage coronavirus
crisis
The Victorian Government will implement a range of
temporary emergency measures to support Victorians and continue
delivering the services we all rely on through the unprecedented
challenges of the coronavirus crisis (21 April 2020).
More...
OAIC takes stand over virus transparency
The Office of the Australian Information Commissioner
(OAIC) has joined with its State and Territory
counterparts to issue a public statement on the importance of
transparency during the current Coronavirus pandemic (21 April
2020). More...
How these agencies are breaching patient privacy
Privacy experts have criticised Services Australia and
AHPRA for sharing thousands of private health records every year
without informing patients, a practice that appears to contradict
the government's own guidelines (21 April 2020).
More...
Organisations On Notice To Join National Redress
Scheme
Victorian organisations Who do not sign up to the National
Redress Scheme will risk losing government funding, under tough new
sanctions introduced by the Andrews Labor Government (19 April
2020).
More...
In practice and courts
Court Practice Directions
Federal Court of Australia
The Federal Court is conducting hearings using Microsoft
Teams technology and has released: a
special measures information note; and a
practitioners' guide to the use of this technology.
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. 11/2020, 23 March 2020.
More...
Victoria
Victoria Parliament: Update on parliamentary committee
inquiries
Victorian parliamentary committees are continuing work on
their various inquiries, but public hearings are being postponed
for the time being in response to the Coronavirus disease
(COVID-19) and in the interests of community
health and safety. Updates on individual parliamentary committee
inquiries will be provided on inquiry
webpages as further information becomes available (26 March
2020).
IBAC Further update regarding Operation Sandon
hearings
IBAC's Operation Sandon public hearings will be
adjourned until further notice. IBAC Commissioner, The Honourable
Robert Redlich QC he has decided to defer the public hearings at
the end of session until further notice (17 March 2020).
More...
Court Appointments
Four New Appointments To The Magistrates' Court (03 March
2020).
Supreme Court of Victoria: Coronavirus information
If you have been impacted by COVID-19, and you are
required to attend court soon, please notify the Prothonotary by
emailing as soon as possible to discuss the options available to
you (26 March 2020). More...
Supreme Court of Victoria: changes in response to
COVID-19
The Supreme Court of Victoria is changing the way it
operates in response to the coronavirus (COVID-19)
pandemic. To ensure the Court can continue to deliver core and
vital services during the coronavirus (COVID-19)
pandemic, the Court is introducing a suite of changes to its
processes and procedures. The following changes will come into
effect the week beginning 23 March 2020 apply for the following
Courts: Court of Appeal; The Commercial Court; The Common Law
Division; Common Law Division; The Criminal Division; Mediations
(20 March 2020).
More...
New Jury Trials Suspended from Monday, 16 March
Victorian Supreme Court - The Courts have been closely
monitoring the COVID-19 situation and preparing for any potential
impacts on services. The Supreme Court and the County Court have
decided to suspend all new jury trials from Monday, 16 March until
further notice.
Law 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
(27 March 2020).
More...
OVIC: Discussion paper published on Proactive and
informal release of information in the Victorian public
sector
The OVIC has published a discussion paper on
Proactive and informal release of information in the Victorian
public sector. OVIC will use this information to explore how it
can better assist agencies to proactively and informally release
information to the public (13 March 2020).
More...
Consultation
Make a
submission here. Submissions must be provided to OVIC Thursday
9 April 2020.
Consumer Affairs Victoria: Know your rights as Victoria
adapts to coronavirus (COVID-19) - News alert
In response to increased enquiries, Consumer Affairs
Victoria has compiled information about how the pandemic affects
areas we regulate. A new page at
consumer.vic.gov.au/coronavirusandrights covers: evictions; renters
in crisis; inspections and auctions;owners corporation annual
general meetings; products and services; price gouging and
resellers; event cancellations and refunds; sports memberships;
scams relating to coronavirus (COVID-19) (25 March
2020).
More...
Practice Notes
Family Court of Australia and Federal Circuit Court of
Australia, 2 of 2020 (31 March 2020).
More...
OAIC: COVID-19 Privacy Guidance
The OAIC has released privacy
guidance for agencies and private sector employers to help keep
workplaces safe and handle personal information appropriately as
part of the COVID-19 response. This includes answers to
frequently asked questions. We've also issued
detailed advice to help regulated entities assess the privacy
risks involved in changed working environments (08 April 2020). More...
OAIC: COVID-19 response from Australian privacy
regulators
As entities move fast to find solutions to public health
and economic problems, Privacy Commissioners and Ombudsmen
reiterate the value of conducting
short-form Privacy Impact Assessments to help ensure personal
information is handled in a way that is necessary, reasonable and
proportionate (27 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. 12/2020, 6 April 2020.
More...
Current Senate Inquiries
Select Committee on COVID-19. More...
Federal Circuit Court of Australia: Practitioner and
litigant guide to virtual hearings and Microsoft Teams
This Guide is for proceedings conducted in the Family
Court of Australia and the Federal Circuit Court of Australia (22
April 2020).
More...
High Court of Australia: Practice Notes
Evidence by Affidavit
High Court of Australia, 3 of 2020 - This Practice
Direction takes effect on 15 April 2020.
The Registrar may accept the filing of the affidavit signed by the
deponent but not sworn or affirmed before a qualified witness on
the understanding that, if required, the affidavit will later be
sworn or affirmed when circumstances allow.
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. 13/2020, 20 April 2020.
More...
Australian Bushfires Disaster Emergency Declaration
— Understanding your privacy obligations
The Attorney-General has made the Privacy
(Australian Bushfires Disaster) Emergency Declaration (No. 1)
2020 (the emergency declaration) under Part VIA of the
Privacy Act 1988 (Cth) (Privacy Act). The
emergency declaration was made in response to bushfires in
Australia resulting in death, injury and property damage occurring
from August 2019 into 2020.The emergency declaration expires on 20
January 2021.
Current Senate Inquiries
Select Committee on COVID-19. More...
Victoria
The Victorian Bar's Consolidated Guide to Victorian
and Commonwealth Court Protocols in Response to COVID-19
President of the Victorian Bar, launched the
Victorian Bar's Consolidated Guide to Victorian and
Commonwealth Court Protocols in Response to COVID-19 (08 April
2020).
The Supreme Court of Victoria is following State and
Commonwealth government advice regarding coronavirus
(COVID-19)
If you have been impacted by coronavirus, and you are
required to attend court soon, please notify the Prothonotary by
emailing prothonotary@supcourt.vic.gov.au
as soon as possible to discuss the options available to you. More...
Court Appointments
08 April 2020 -
New Deputy Chief Magistrate Appointed
Susan Wakeling as a Deputy Chief Magistrate.
07 April 2020
Former Commissioner Appointed To Represent Victims
Victorian Courts
Guidance for criminal proceedings affected by coronavirus
17 April 2020 - The following guidance is provided for those
practising in the Criminal Division of the Supreme Court, including
in the Court of Appeal, in the current coronavirus
(COVID-19) environment.
Guidance for civil proceedings affected by coronavirus
15 April 2020 - The following guidance is provided for those
practising in the Supreme Court including the Court of Appeal,
Commercial Court, Common Law Division, Cost Court and Probate in
the current coronavirus (COVID-19)
environment.
Practice Notes
Notice to the Profession - Urgent Applications in the
Commercial Court
Practitioners are advised that the Duty Judge of the
Commercial Court continues to be available to hear urgent
applications in accordance with existing procedures, which can be
found on the Supreme Court website under 'Urgent Hearings'
(16 April 2020).
More...
Published – articles, papers, reports
Recommendations on privacy and data protection in the
fight against COVID-19
In this paper, the authors provide privacy and data
protection recommendations for governments to fight against
COVID-19 in a rights-respecting manner (31 March 2020). More...
Australian government guide to Regulatory Impact
Analysis
This guide has been prepared for every member of the
Australian Public Service involved in policy making. It provides
the context for regulation and encourages policy makers to think
about potential impacts early in the policy process (30 March
2020). More...
Rapid implementation of Australian Government
initiatives
This edition of audit insights outlines key messages from
Auditor-General reports which have examined the rapid
implementation of government initiatives. Topics covered include
risk management, governance, resource mobilisation, accountability
and program oversight in the context of rapid implementation (16
April 2020).
More...
Report on the appointment of a person to conduct the
financial audit of the Victorian Auditor-General's Office
VAGO: 23 April 2020. More...
Cases
One Tree Community Service Inc v United
Voice (No 2) [2020] FCA 390
CONSTITUTIONAL LAW – Judicial power of the
Commonwealth – exercise of arbitral power by Fair Work
Commission under dispute resolution clause in enterprise agreement
– consent needed for valid exercise of arbitral power - where
enterprise agreement applies to new employer by operation of s 313
Fair Work Act 2009 (Cth) – whether new employer deemed to
have consented to the dispute resolution clause – in
circumstances where lack of consent would amount to an
impermissible exercise of judicial power by the Fair Work
Commission
INDUSTRIAL LAW – transfer of business under Part 2-8 of Fair
Work Act 2009 (Cth) – whether new employer is bound by
dispute resolution clause – where new employment contract
included term which excluded operation of enterprise agreement
– where no order sought under s 318 or s 320 to set aside or
vary enterprise agreement
Morgan and Australian Building and Construction
Commissioner [2020] AATA 651
FREEDOM OF INFORMATION - FREEDOM OF INFORMATION
– access refused under s 24 (practical refusal reason) of the
Freedom of Information Act 1982 – whether request would
substantially and unreasonably divert resources of agency –
whether reasons of applicant for request can be considered –
no public interest in fulfilling request – decision affirmed.
Freedom of Information Act 1982; s 11; s 11B; s 24; s 24AA; s 24AB;
Part IV; s 42; s 47C
Judiciary Act 1903; Appendix B: The Commonwealth's Obligation
to Act as a Model Litigant Workplace Relations Act 2006
Mulquiney v Reynolds & Anor
(Ruling No 1) [2020] VSC 119
CIVIL PROCEDURE — Mode of trial — Where trial
fixed for trial by jury — Where Court has suspended all new
jury trials until further notice due to COVID-19 pandemic
—Whether to dispense with jury and proceed as a cause or
adjourn hearing for later jury trial — Where plaintiff had
been granted an expedited hearing — Rule 47.02 of the Supreme
Court (General Civil Procedure) Rules 2015 (Vic) — Birti v
SPI Electricity [2011] VSC 566 considered - Civil Procedure Act
2010 (Vic) s 7 – Overarching obligation to facilitate just,
efficient, timely and cost-effective resolution of the real issues
in dispute – Trial to proceed as a cause.
Thomas v Victorian Building Authority
[2020] VSC 150
JUDICIAL REVIEW AND APPEALS – Application for
judicial review – Decision to refuse consent for application
to surrender building registrations pursuant to s 173B of the
Building Act 1993 (Vic) – Where disciplinary action on foot
related to use of combustible cladding – Whether decision
made for improper punitive purpose – Whether manifestly
excessive – Grounds not established - Decision to issue a
show cause notice under s 182 – Whether decision issued
without jurisdiction – Whether Authority seeking to apply
current form of legislation to acts occurring when a different
regulatory regime in place – Whether liabilities or rights
affected – Contrary intention appears in any event –
Application dismissed – Building Act 1993 (Vic) ss 173B, 178,
179, 182, sch 8 cl 4 – Interpretation of Legislation Act 1984
(Vic) s 14(2).
EBT v Monash University (Review and
Regulation) [2020] VCAT 440
Review and Regulation List – Freedom of
Information Act 1982 (Vic), s 19 – Freedom of Information
(Access Charges) Regulations 2014 (Vic), reg 6 and schedule items 1
and 7 – whether emails and other information stored
electronically are available in discrete form in documents of the
agency. The decision of the respondent to impose access charges,
calculated under item 7 of the Schedule to the Freedom of
Information (Access Charges) Regulations 2014 (Regulations), is set
aside. The respondent is ordered to refund the sum of $658.87 to
the applicant.
Roadshow Films Pty Limited v Telstra Corporation
Limited [2020] FCA 507
COPYRIGHT – section 115A of the Copyright Act
1968 (Cth) – whether injunction should be granted requiring
carriage service providers to take reasonable steps to disable
access to online locations infringing or facilitating infringement
of copyright – appropriate form of orders – injunction
granted
Copyright Act 1968 (Cth) ss 14, 36(1), 103C, 115A, 120, 126
Copyright Amendment (Online Infringement) Act 2018 (Cth)
Federal Court Rules 2011 (Cth) rr 16.07, 22.04
Josh Taylor and Australian Charities and
Not-For-Profits Commission (Freedom of information)
[2020] AICmr 13
Freedom of Information —Whether disclosure would
have a substantial adverse effect on the proper and efficient
conduct of the operations of an agency — Whether contrary to
public interest to release conditionally exempt documents —
(CTH) Freedom of Information Act 1982 ss 11A(5) and 47E(d)
'RW' and Services Australia (Freedom of
information) [2020] AICmr 12
Freedom of Information – Whether a practical
refusal reason exists – Whether the request consultation
process was followed – Whether work involved in processing
the request would substantially and unreasonably divert the
resources of the agency from its other operations – (CTH)
Freedom of Information Act 1982 ss 24, 24AA, 24AB and 55D
'RV' and Services Australia (Freedom of
information) [2020] AICmr 11
Freedom of Information — Whether documents
contain deliberative matter prepared for a deliberative process
— Whether contrary to public interest to release
conditionally exempt documents — (CTH) Freedom of Information
Act 1982 ss 11A(5) and 47C (23 April)
CoINVEST Ltd v Citywide Service Solutions Pty
Ltd [2020] VSC 190
JUDICIAL REVIEW – Whether an entity was an
'employer' (i.e. not a 'public statutory body'
constituted under the law of the Commonwealth or State of Victoria)
within the meaning of the Rules of the Construction Industry Long
Service Leave Fund/Construction Industry Long Service Leave Act
1997 s 3 – Whether magistrate considered relevant factors
– Whether magistrate provided adequate reasons for decision
– Validity of notice issued under Construction Industry Long
Service Leave Act 1997 s 10 – Local Government Act 1989 s
193.
Stewart v Owen [2020] VSC 175
ADMINISTRATIVE LAW – Appeal from decision of
Victorian Civil and Administrative Tribunal – Whether Part IV
of the Property Law Act 1958 confers jurisdiction to make
declaration and order a co-owner to transfer his or her part
interest in land to a co-owner – Whether correct legal test
for imposition of constructive trust applied – Property Law
Act s 225 & s 228 – Muschinski v Dodds [1985]
HCA 78; (1985) 160 CLR 583 – Baumgartner v
Baumgartner [1987] HCA 59; (1987) 164 CLR 137 –
Miller v Martin [2020] VSCA 4 – Miller v
Martin [2018] VSC 444 – Binns v Binns [2018]
VCAT 759 – Pavlovich v Pavlovich (Real Property)
[2012] VCAT 869.
Legislation
Commonwealth
Regulation
Prime
Minister's direction under subsection 21(1) – 2020 (No.
1)
27/03/2020 - This instrument facilitates the most
efficient and effective deployment of APS employees and expertise
to meet the exceptional challenge posed by COVID 19 to Australian
society - a task which has become the principal focus of APS
endeavour.
Fair
Work Commission Amendment (Miscellaneous Measures) Rules 2020
24/04/2020 - This instrument amends the Fair Work
Commission Rules 2013. Part 3—Amendments to require
declarations rather than statutory declarations
Victoria
Bills
Justice Legislation Amendment (Drug Court and Other
Matters) Bill 2020
Date of second reading speech: 19 March 2020
Constitution Amendment (Fracking Ban) Bill
2020
Date of second reading speech: 18 March 2020
COVID-19 Omnibus (Emergency Measures) Bill
2020
Date of second reading speech: 23 April 2020
The purpose is to temporarily amend certain Acts, and to
temporarily empower the making of regulations, to modify the
application of the law in Victoria in certain respects for the
purpose of responding to the COVID-19 pandemic. Chapter
2—Temporary modification of the law by regulation Part
2.1—Regulations temporarily modifying Justice Acts and
laws
Appropriation (Interim) Bill 2020
Date of second reading speech: 23 April 2020
Secures $24.5 billion in emergency funding to save lives, support
jobs and businesses, and set Victoria up to recover from the
pandemic over the next two years
Appropriation (Parliament) (Interim) Bill
2020
Date of second reading speech: 23 April 2020
Provides funding for the ongoing operations of parliament and
oversight bodies including IBAC.
Statutory Rules
Reminder: No 125
Supreme Court Admiralty Rules 2019
These Rules come into operation on 28 April 2020
Victorian legislation can be accessed here www.legislation.vic.gov.au
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.