In the media
Legislation to increase manslaughter sentences
passes
Legislation to increase the maximum penalty for
manslaughter, child homicide and workplace manslaughter has passed
Victorian Parliament (04 June 2020).
More...
High Court dismisses Dismissal letters
Written correspondence between the Australian
Governor-General and Her majesty the Queen relating to the
dismissal of the Australian Government in 1975, have been judged by
the High Court to be Commonwealth records under the Archives Act
1983 (04 June 2020).
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Slavery paper to free from bondage
The Department of Home Affairs has released a scoping
paper on how the Australian public sector can avoid supporting
modern slavery in its procurement and purchasing practices (04 June
2020).
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New appointments to Court of Appeal and Supreme
The Andrews Labor Government has announced the
appointments of Justice Michael Sifris to the Court of Appeal and
Kathryn Stynes and Jim Delany QC to the Trial Division of the
Supreme Court (02 June 2020).
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Councils sidelined as COAG abolished
Local government is concerned its voice on national
decisions will be diminished after Prime Minister Scott Morrison
said COAG will be abolished and replaced with the national cabinet
(29 May 2020).
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Consultants slip through screening cracks
An audit of Victorian government departments has found
contractors and consultants aren't being adequately screened
before they are employed, with fewer than half having a criminal
check before starting work (25 May 2020).
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In practice and courts
OAIC: COVID-19
We have developed advice and guidance on privacy and
freedom of information in the context of the COVID-19 outbreak for
individuals, Australian Government agencies and organisations
covered by the Privacy Act 1988 (01 June 2020). More...
Current APH Inquiries and Consultations
Legal and Constitutional Affairs Legislation
Committee
Native
Title Legislation Amendment Bill 2019 [Provisions]
Legal and Constitutional Affairs References
Committee
On 23 March 2020 the committee's reporting date was
extended to 9 September 2020.
Inquiry
into domestic violence with particular regard to violence against
women and their children
Nationhood,
national identity and democracy
Inquiry into the exemption of delegated legislation from
parliamentary oversight
The Senate Standing Committee for the Scrutiny of
Delegated Legislation raised significant concerns about the
increasing exemption of delegated legislation from parliamentary
oversight in the 2019 report. Such concerns are also relevant to
the exemption of delegated legislation made in response to the
COVID-19 pandemic from parliamentary oversight. The closing date
for submissions is 25 June 2020.
More...
Intelligence and Security Legislation Amendment
(Implementing Independent Intelligence Review) Bill 2020
The Parliamentary Joint Committee on Intelligence and
Security is calling for submissions on the Intelligence and
Security Legislation Amendment (Implementing Independent
Intelligence Review) Bill 2020. On 23 March 2020 the
Senate extended the committee's reporting date to 14 October
2020. The closing date for submissions is 25 June 2020.
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, including immigration and citizenship Issue No.
16/2020 (1 June 2020).
More...
Victoria
IBAC prosecutions
Victoria Police Officer Ross Fowler was sentenced to a
fine of $10,000 at the Melbourne County Court for recklessly
causing injury following an investigation by IBAC (5 June 2020).
More...
An investigation by Victoria's anti-corruption Commission has found a former Department of Education and Training project manager misused their position when he sourced IT contractors from a company he owned for his personal benefit (27 May 2020). More...
Supreme Court
The Supreme Court of Victoria is following State and
Commonwealth government advice regarding coronavirus
(COVID-19) (04 June 2020).
More...
The Court welcomes newly appointed judges to the Court of Appeal and Trial Division (02 June 2020). More...
Supreme Court practice notes
The purpose of this Practice Note is to outline the
procedure by which the Court will consider to waive the attendance
of the child at 21 day rollovers (June 2020).
More...
Bulletins
Fortnightly bulletin that summarises the latest
legislation and cases for the Victorian jurisdiction, as well as
High Court of Australia cases ( 5 June 2020).
More...
Parliament of Victoria: Inquiry into the Victorian
Government's Response to the COVID-19 Pandemic - Have your
say
The Public Accounts and Estimates Committee is accepting
submissions to its Inquiry into the Victorian Government's
response to the Covid-19 pandemic. Submissions close on 31 July
2020. More...
Update on VCAT Hearings
From 18 May 2020, VCAT will be progressing currently
listed matters using telephone or video conferencing where they can
reasonably proceed. VCAT will contact parties to confirm whether
their matter will progress on the listed date and by which
technology. VCAT are still accepting all relevant matters and will
contact you to discuss potential hearing dates.
More...
Value of fee and penalty units set for 2020-21
The Treasurer has set an annual rate increase for 2020-21
of 0.00 per cent. The values of a fee unit and a penalty unit or
the next financial year commencing 1 July 2020 are: the value of a
fee unit is $14.81; and the value of a penalty unit is $165.22.
More...
Published – articles, papers, reports
Faster, further, fairer: putting people at the heart of
tackling the climate and nature emergency
IPPR Environmental Justice Commission; Institute for
Public Policy Research: This interim report of the IPPR
Environmental Justice Commission finds that to act with the
ambition and at the scale that the climate and nature emergency
demands, requires a new approach (27 May 2020). More...
Cases
BP Refinery (Kwinana) Pty Ltd v Tracey
[2020] FCAFC 89
ADMINISTRATIVE LAW – application for judicial review
– where writ of certiorari sought – jurisdictional
error – Full Bench of the Fair Work Commission alleged to
have misconceived its appellate function – could only set
aside decision of Deputy President if satisfied there was an error
as identified in House v The King – Deputy President's
conclusion that meme constituted valid basis for dismissal not
reasonably open as conclusion was outside the legally permissible
range of conclusions – no error by Full Bench of the Fair
Work Commission – where alleged failure to consider question
of fact – s 400(2) of the Fair Work Act 2009 (Cth) is a basal
pre-condition to an exercise of power – no error by Full
Bench of the Fair Work Commission – application
dismissed.Fair Work Act 2009 (Cth) ss 385, 385(b), 387, 396,
400(2), 604, 607(3)
Brett Cattle Company Pty Ltd v Minister for
Agriculture [2020] FCA 732
In accordance with the practice of the Federal Court
in some cases of public interest, importance or complexity, the
following summary has been prepared to accompany the orders
made
ADMINISTRATIVE LAW — validity of delegated legislation
— test for validity — representative proceeding under
Pt IVA of the Federal Court of Australia Act 1976 (Cth) —
livestock export industry — where public affairs broadcast
revealed inhumane treatment of Australian cattle exported to
Indonesian abattoirs — where broadcast resulted in public
outcry and political pressure on Government — where the
Minister made two control orders under s 7 of the Export Control
Act 1982 (Cth) in short succession — where second control
order prohibited the export of all livestock from Australia to the
Republic of Indonesia for a period of 6 months — where first
control order did, but second control order did not, provide power
to grant exceptions — where purpose of second control order
was to enable Australian Government to develop a regulatory and
compliance regime to address concerns regarding slaughter of
livestock in Indonesian abattoirs — where various exporters
were already capable of ensuring livestock exported to the Republic
of Indonesia would remain within a closed loop system and not be
subject to inhumane conditions up to the time of slaughter —
whether second control order was valid exercise of Minister's
power under s 7 of the Export Control Act — whether second
control order invalid on basis of unreasonableness —
application of proportionality tool of analysis to evaluate
validity of delegated legislation — whether second control
order was suitable, necessary and appropriate and adapted to
achieve a legitimate end within power conferred on Minister by s 7
of the Export Control Act — second control order was
unreasonable, capricious, unnecessary and inadequate in its balance
— second control order invalid
TORTS — misfeasance in public office — whether Minister
committed tort of misfeasance in public office by making second
control order
DAMAGES — compensatory damages
EVIDENCE — where Minister did not give evidence — no
direct evidence of Minister's state of mind or of what he would
have done had he exercised his power validly — where impugned
decision made after Cabinet meeting — where Minister put no
documents before Cabinet — whether inference open that any
evidence the Minister would have given would not have assisted the
respondents
Australian Meat and Live-Stock Industry Act 1997 (Cth), ss 3, 4,
10, 17
Evidence Act 1995 (Cth), s 140
Export Control Act 1982 (Cth), ss 3, 7, 25
Federal Court of Australia Act 1976 (Cth), Part IVA
Judiciary Act 1903 (Cth), s 39B
Legislative Instruments Act 2003 (Cth), ss 4, 17, 26, 38, 42
Australian Education City v Victorian Planning
Authority [2020] VSC
177
JUDICIAL REVIEW – Application by the defendants for
summary judgment pursuant to s 63 of the Civil Procedure Act 2010
(Vic) – Plaintiff challenged a decision of a Committee of
Cabinet to terminate a tender process for the development of a new
residential, educational and employment hub on State owned land -
Whether the plaintiff's claim has any real prospects of success
–Nature and subject matter of decision means that the
decision is not justiciable – Minister for Arts, Heritage and
Environment v Peko Wallsend Ltd (1987) 15 FCR 274 and Acquista
Investments Pty Ltd v Urban Renewal Authority (2015) 123 SASR 147
referred to and applied, FAI Insurances Ltd v Winneke [1982] HCA
26; (1982) 151 CLR 342 distinguished – No other reason for
keeping proceeding on foot - application for discovery and the
administration of interrogatories refused.
Legislation
Victoria
Bills
Crimes Amendment (Manslaughter and Related Offences)
Bill 2020
Passed Both Houses Parliament 04 June 2020
Increases the maximum penalty for these offences from 20 years to
25 years' imprisonment.
Police and Emergency Legislation Amendment Bill
2020
Date of second reading speech: 3 June 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.