In the media
Australian media to bargain with tech giants for payment
if new ACCC mandatory code is adopted
Australian news publishers will be able to bargain with
Google and Facebook for fair payment for news content if the
mandatory code released by the industry watchdog is adopted (31
July 2020).
More...
ALRC: Defamation – a nationwide conversation on
law reform
An initial survey of the audience revealed that most
participants felt that social media and other emerging
'publication' technologies were the main reason that
defamation law requires further reform. Just over a quarter of
participants suggested that defamation law is in need of a
comprehensive overhaul (31 July 2020).
More...
Rapid detection, assessment and notification critical in
data breaches
An increase in data breaches caused by ransomware attacks
and impersonation is among the key findings in the latest
statistics report from the Office of the Australian Information
Commissioner (31 July 2020).
More...
National cabinet deliberations may not be exempt from
FoI, legal advice says
Deliberations of the national cabinet may not be exempt
from freedom of information disclosures as the Morrison government
claims, according to legal advice obtained by a major environment
group (30 July 2020).
More...
Australian PM's department refuses to release
Covid-19 commission documents
Freedom of information requests related to the body
that's guiding economic recovery have been refused or heavily
redacted. Critics say the freedom of information requests show two
things: a significant lack of transparency surrounding the
commission's deliberations, and significant gaps in the usual
governance, policy and procedures that public servants work under
(30 July 2020).
More...
HRLC: Masks, COVID-19 and human rights
The Victorian Government is requiring people in Melbourne
and the Mitchell Shire to wear a face covering or mask when leaving
their home to help stop the spread of COVID-19. This explainer
seeks to debunk claims that the requirement breaches people's
human rights (29 July 2020).
More...
ACMA moves to protect Australians from phone scams
The ACMA launched the next phase of its action plan to
combat scams, unveiling a suite of new resources designed to help
Australians protect themselves on their home and mobile phones from
scams (29 July 2020).
More...
ACMA frowns at uncooperative telcos
The Australian Communications and Media Authority
(ACMA) has issued formal warnings to four
telecommunications companies (telcos) for failing
to join the Telecommunications Industry Ombudsman
(TIO) Scheme as required (27 July 2020).
More...
Nationally consistent power of attorney laws key to
mitigating elder abuse
Enhancing protections relating to the use of enduring
power of attorney instruments (EPOAs) is a welcome
priority for the Council of Attorneys-General and significant focus
should be given to creating nationally consistent laws, according
to the Law Council of Australia (24 July 2020).
More...
Appointment of Deputy Commonwealth Ombudsman
The Morrison Government congratulates Penny McKay on her
five-year appointment as a Deputy Commonwealth Ombudsman (24 July
2020).
More...
Pandemic prompts surge in PS scammers
The Australian Competition and Consumer Commission
(ACCC) has reported that scams impersonating
Government Agencies are on the rise. Scammers are increasingly
taking advantage of the financial difficulties and uncertainty
generated from the COVID-19 pandemic to trick unsuspecting
Australians (23 July 2020).
More...
Global privacy expectations of video teleconference
providers
Data protection and privacy authorities from around the
world have published an open letter to video teleconferencing
companies, reminding them of their obligations to comply with the
law and handle people's information responsibly (22 July 2020).
More...
ACSC backs call for cyber cease
A joint statement from the Australian Cyber Security
Centre (ACSC), the Department of Foreign Affairs
and Trade (DFAT), and the Department of Home
Affairs says the Joint Advisory made clear that cyber actors were
conducting an ongoing campaign against Government, diplomatic,
healthcare and other targets to steal intellectual property (20
July 2020).
More...
Copyright reforms to better support the digital
environment
The Morrison Government is moving ahead with copyright
reforms which will set up a scheme to allow the use of material if
the copyright owner cannot be found, introduce a fair dealing
exception for non-commercial quotation, simplify and update
copyright exceptions for educational and cultural institutions, and
streamline the government statutory licensing scheme (13 August
2020).
More...
Combatting modern slavery in construction and property
industry
The first of five industry-specific guides to help
Australian businesses combat modern slavery has been released as
part of a collaboration between the Australian Human Rights
Commission and KPMG Australia (14 August 2020).
More...
Disability accesses public transport ticket
The Australian Human Rights Commission
(AHRC) has released new guidelines for public
transport operators, setting out standards for ensuring people with
disability enjoyed 'equivalent access' when using transport
services (03 August 2020).
More...
River water report rocks the boat
Water markets in the Murray-Darling Basin need major
changes to allow for open, fair and efficient water trading,
according to a new interim report from the Australian Competition
and Consumer Commission (ACCC) (03 August 2020).
More...
In practice and courts
The Online Register for Modern Slavery Statements
The register will act as a central website for statements
from thousands of large businesses required to comply with the
Government's landmark Modern Slavery Act 2018 (30 July 2020).
More...
ACMA: Phone Scams
Resources to spot and protect yourself from phone scams
(31 July 2020). More...
ACMA position paper: Misinformation and news quality on
digital platforms in Australia
A position paper to guide code development—includes
a model code framework for consideration, including objectives and
outcomes to be achieved for the benefit of Australian users of
digital platforms. The ACMA anticipates to have in place a single,
industry-wide code by December 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.
20/2020, 27 July 2020.
More...
Current APH Inquiries and Consultations
Legal and Constitutional Affairs Legislation
Committee
On 26 March 2020, the Senate granted an extension of time
for reporting until 19 August 2020. More...
High Court (2021 Sittings) Rules 2020
The High Court of Australia has published the High Court
(2021 Sittings) Rules 2020, which set out the Court's sitting
schedule for 2021.
More...
Victoria
COVID-19 Resources Weekly Update
We understand that members are worried about the risks of
COVID-19. Please see the
new section on our member website designed to answer some
questions you may have, point you to government information
websites, and let you know what VicBar and BCL are doing to assist
members.
COVID-19 Resources Weekly Update
Please see the
new section on our member website designed to answer some
questions you may have, point you to government information
websites, and let you know what VicBar and BCL are doing to assist
members. The wearing of face coverings outside of home is mandatory
in the Melbourne metropolitan area. This will be also become
mandatory across regional Victoria from 2 August 2020. More...
Supreme Court of Victoria
23 July 2020 - The Supreme Court of Victoria is following
State and Commonwealth government advice regarding coronavirus
(COVID-19).
More...
22 July 2020 - Physical attendance at the Supreme Court of Victoria remains limited to reduce the spread of coronavirus (COVID-19).Those who are required to attend physically the following information is provided. More...
Inquiry into Ecosystem Decline in Victoria - Have your
say
The Legislative Council Environment and Planning Committee
is accepting submissions to its Inquiry into ecosystem decline in
Victoria. Submissions close on 31 August 2020. More...
Bulletins
Fortnightly bulletin that summarises the latest
legislation and cases for the Victorian jurisdiction, as well as
High Court of Australia cases (31 July 2020).
More...
VICBAR: Court and Tribunal updates
All Victorian Courts and Tribunals, including VCAT, are
"Permitted Work Premises" for the purposes of the new
Business and Industry Stage 4 Restrictions, and able to remain
on-site to hear urgent and priority matters. Court updates
included:
Court Services Victoria (CSV) has implemented a
COVIDSafe Plan that demonstrates the measures being taken to
minimise the introduction of COVID-19 into Victorian courts and
VCAR.
More...
Justice sector updates due to COVID-19
With stage 4 COVID-19 restrictions in place in
metropolitan Melbourne and stage 3 in the rest of Victoria from
11.59pm on 5 August 2020, there are further updates on how this
will affect the justice sector. Here is an update about courts and
tribunal services across Victoria, correct as at 4 August 2020.
More...
Supreme Court: Directions from the Chief Health
Officer
For anyone required to attend physically, the following
information is provided. From 6pm Sunday 2 August anyone in
Victoria's court or tribunal buildings must wear a face
covering unless an exemption applies (03 August 2020).
More...
Inquiry into the Victorian Government's Response to
the COVID-19 Pandemic - Public hearing
The Public Accounts and Estimates Committee is holding
public hearings for its Inquiry into the Victorian Government's
response to the Covid-19 pandemic from 25 to 27 August 2020. The
hearings will be broadcast on our website. More...
Bulletins
Fortnightly bulletin that summarises the latest
legislation and cases for the Victorian jurisdiction, as well as
High Court of Australia cases (fortnight ending 14 August 2020).
More...
Published – articles, papers, reports
'What's the difference?': explaining
parliamentary terms
Rob Lundie and Nicholas Horne; APH Research Paper Series,
2020-21: 22 July 2020
While the glossary focuses mainly on parliamentary terms, some
relevant government and electoral terms are also included.
More...
Australia's cyber security strategy 2020
Department of Home Affairs (Australia); Government of
Australia: 06 August 2020
Through this strategy, the Australian government will attempt to
build trust in the online world by supporting businesses' cyber
resilience, including by sharing threat information, setting clear
expectations of roles and strengthening partnerships. More...
Murray–Darling Basin water markets inquiry Interim
report
Australian Competition and Consumer Commission
(ACCC): August 2020
The report found that the $1.5 billion-a-year basin water markets
had outgrown the frameworks that governed them, with change needed
for the market to operate efficiently and for the benefit of
industries that depended on it.
More...
Legislation
Act Compilation
Privacy
Act 1988
29/07/2020 - Act No. 119 of 1988 as amended
Regulations
Electronic
Transactions Regulations 2020
29/07/2020 - This instrument provides an updated list of
Commonwealth laws that are exempt from the Electronic Transactions
Act 1999.
Victoria
Statutory Rules
No 76
Public Health and Wellbeing Amendment (Further Infringement
Offences) Regulations 2020
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.