In the media
Reviews of Judicial Impartiality and the Legislative
Framework for corporations and financial services Regulation
The Morrison Government has referred two matters to the
Australian Law Reform Commission (ALRC) for
review. First, on the issue of judicial impartiality, and the
second, a review of the legislative framework for corporations and
financial services regulation (11 September 2020).
More...
Defence urges Internet of Things makers to prioritise
security
Government releases 'encouraged but optional' IoT
Code of Practice for manufacturers and buyers of Internet of Things
(IoT) devices. The Department of Home Affairs'
newly released Voluntary Code of Practice is targeted at industry
– but "everyone", the department notes, "has a
role to play in improving cyber security in the Internet of
Things" (10 September 2020).
More...
Victorian government seeking legal advice overdraft
foreign relations laws
The Andrews government is seeking legal advice on proposed
new federal laws which could tear up its controversial Belt and
Road agreement with China, potentially setting up another fight
over foreign policy with the Commonwealth (10 September 2020).
More...
Why unis are worried about a federal power to cancel
their foreign 'arrangements'
A proposed law would give the federal government power to
cancel arrangements between foreign governments and Australian
states, territories, local councils and public universities.
It's fairly clear the Commonwealth has the constitutional power
to do this. Universities Australia has expressed "grave
concerns" about the potential impact on "tens of
thousands of research projects" (10 September 2020).
More...
Treasury audit into staffing arrangements in
Treasurer's Office
The NSW Treasury completed its audit into the staffing
arrangements of the NSW Treasurer's Officeon25August 2020, and
a further supplementary report on 7 September 2020. The Treasurer
has now considered the audit, and made it publicly available, along
with responding to recommendations.
More...
QR codes making life easier for cafe owners and
customers, but what about privacy?
QR codes are not a new concept, but paired with your phone
they could help venues comply with their COVID-safe industry plans
by assisting in the collection of your personal information (10
September 2020).
More...
ASIO's extraordinary detention powers extended until
March 2021
The LCA says COVID-19 should not be used an excuse to
curtail Australia's personal freedoms that are unrelated to the
pandemic. Law Council President, Pauline Wright, noted the highly
extraordinary nature of these powers, which have no equivalent in
the laws of Australia's closest intelligence partners,
including the United States, United Kingdom, Canada and New Zealand
(04 September 2020).
More...
Statement on reported data breach involving NSW driver
licences
The Office of the Australian Information Commissioner
(OAIC) is making inquiries with relevant parties
into reports of a data breach involving scanned NSW driver licences
(03 September 2020).
More...
Statement by NSW Privacy Commissioner about reports of a
data breach involving scanned copies of NSW drivers'
licences
The NSW Privacy Commissioner is aware of media reports
about a data breach involving scanned copies of NSW drivers'
licences. Cyber Security NSW has investigated the breach and
indicated that the data referred to in media coverage has been
exposed via a commercial entity and was not provided by, nor
sourced from, NSW Government agencies (03 September 2020).
More...
NSW Recorded Crime Statistics quarterly update June
2020
Crime across most of NSW has remained stable or fallen in
the two years to June 2020. The only major exception to this is
sexual assault which rose 9.4% year-on-year to June 2020. A similar
upward trend was reported in the previous quarterly report (02
September 2020).
More...
New Audit Manual one for the books
The Australian National Audit Office
(ANAO) has released its Audit Manual
setting out policies and providing guidance on the application of
audits and other assurance work performed by the Auditor-General
(31 August 2020).
More...
Human Rights concern at non-human AI
The Australian Human Rights Commission
(AHRC) has discovered that 46 six per cent of
people in Australia were not aware that the Government makes
important decisions about them using artificial intelligence
(AI) (31 August 2020).
More...
In practice and courts
National Mediators Board – review of the
NMAS
The Mediator Standards Board (MSB) has
announced it will work with Melbourne-based Resolution Resources
(RR) to review the National Mediator Accreditation
System (NMAS) governing Australia's
professional mediators (04 September 2020). More...
High Court of Australia
High Court of Australia Bulletin [2020] HCAB 06 (14 August
2020).
More...
Consultation on interest payable on fidelity fund
claims
The Legal Services Council has issued a consultation paper
proposing a new formula to calculate the interest payable on
fidelity fund claims made under the Legal Profession Uniform Law.
The interest rate is fixed at 5 per cent by s 243(2) of the Uniform
Law in the absence of specific provision in the Uniform General
Rules. More...
Legal Services Council: Regulation of litigation funding
schemes
The Legal Services Council (LSC) has
amended the Legal Profession Uniform General Rules 2015 with effect
from 22 August 2020 so the prohibitions in s 258(1) and (3) of the
Legal Profession Uniform Law do not apply in relation to litigation
funding schemes now regulated as managed investment schemes. The
new rule will operate for 12 months to allow for consultation. More...
An investigation into the effectiveness of ATO
communications of taxpayers' rights to review, investigate and
appeal
The Inspector-General of Taxation and Taxation Ombudsman
(IGTO) is investigating how effectively the
Australian Taxation Office communicates appropriate information on
taxpayers' rights to review, complain and appeal decisions made
and actions taken by the ATO. The closing date for submissions is
30 September 2020.
More...
New Law Council of Australia Guidelines –
Equitable Briefing Policy
The Law Council's portal for the annual reporting by
Equitable Briefing Policy adoptees (Policy adoptees) will soon open
on 1 July 2020. To assist in this process, the Law Council has
updated its Equitable Briefing Policy
Reporting Template and Guidelines in response to feedback from
previous reporting periods. Policy adoptees have until 30 September
2020 to provide their annual report and will be updated once the
portal is opened on 1 July 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, including immigration and citizenship Issue No.
23/2020, 7 September 2020.
More...
Family Court and Federal Circuit Court of Australia – current ongoing projects – September 2020
Priority Property Pool 500
The Federal Circuit Court of Australia has introduced a
new process to manage family law property disputes for cases where
the value of the net property pool is under $500,000. The new
process, known as the Priority Property Pool 500
(PPP500), started on 1 March 2020 and will operate
for two years as a pilot program in Adelaide, Brisbane, Melbourne
and Parramatta.
More...
The Lighthouse Project
The
Lighthouse Project is a ground-breaking and innovative
initiative in the way in which the Courts will screen for risk and
focus on public health and improved outcomes for families involved
in the family law system. A pilot for this project will commence in
Adelaide, Brisbane and Parramatta and the Courts are looking to
secure additional government funding to expand nationally.
Family Court and FCC welcome risk-screening Bill
The Family Court of Australia and Federal Circuit Court of
Australia have declared their support for this week's
introduction of the Family Law Amendment (Risk Screening
Protections) Bill 2020. While it is very uncommon for the courts to
take a public stance on proposed legislation, it is understandable
as the Bill establishes a framework to facilitate the courts'
new Lighthouse Project family violence and risk-screening
initiative. It will operate as a pilot program in Adelaide,
Brisbane and Parramatta
Family Court and FCC welcome risk-screening Bill.
More...
LCA Submissions
Extension to temporary insolvency emergency
measures
11 September 2020— Business Law Section.
More...
2020 Inquiry into Legal Practitioners' Scales of
Costs
03 September 2020— Law Council.
More...
Response to IP Australia public consultation: ACIP
Designs Bill
03 September 2020— Business Law Section.
More...
Input to ASBFEO Insurance Inquiry launched in July
2020
03 September 2020— Business Law Section.
More...
The repeal of section 144 of the Patents Act 1990
(Cth)
31 August 2020— Business Law Section.
More...
Draft news media bargaining code
28 August 2020— Law Council.
More...
Current APH Inquiries and Consultations
Legal and Constitutional Affairs Legislation
Committee
Federal
Circuit and Family Court of Australia Bill 2019 [Provisions] and
Federal Circuit and Family Court of Australia (Consequential
Amendments and Transitional Provisions) Bill 2019
[Provisions]
Report by 20 November 2020.
Legal and Constitutional Affairs References
Committee
On 23 March 2020 the committee's reporting date was
extended to 9 September 2020. More...
LCA Current Inquiries and Consultations as of 09 September
Exemption of delegated legislation from parliamentary
oversight
The Senate Standing Committee for the Scrutiny of
Delegated Legislation (the committee) is responsible for the
non-partisan, technical scrutiny of delegated legislation in
accordance with Senate standing order 23.
More...
Draft Propositions by Counsel Assisting
The Royal Commission into National Natural Disaster
Arrangements has commenced the final stages of its inquiry.
Following publication of
Interim Observations on Monday 31 August 2020, a series of
draft propositions is now available for public comment.
More...
Insurance Inquiry
On 28 July 2020, the Australian Small Business and Family
Enterprise Ombudsman launched an inquiry to investigate the
practices of the insurance industry that impact small businesses
and consider whether small business insurance products are fit for
purpose..
More...
Inquiry into the human rights of women and girls in the
Pacific
On Tuesday, 3 December 2019, the Minister for Foreign Affairs and
Minister for Women, Senator the Hon Marise Payne, asked the Joint
Standing Committee on Foreign Affairs, Defence and Trade - Human
Rights Sub-Committee to inquire into the human rights of women and
girls in the Pacific.
More...
Litigation funding and the regulation of the class
action industry
On 13 May 2020, the House referred to the Parliamentary Joint
Committee on Corporations and Financial Services an inquiry into
Litigation funding and the regulation of the class action industry
for report by 7 December 2020.
More...
News media bargaining code
Australian Competition & Consumer Commission released a draft
version of the news media bargaining code.
More...
Review of AFP Powers
On 18 June 2020, the Parliamentary Joint Committee on Intelligence
and Security (PJCIS) commenced an inquiry into AFP
Powers.
More...
Review of 'Declared Areas'
Provisions
The Parliamentary Joint Committee on Intelligence and Security
(PJCIS) has commenced a statutory review into the
'declared area' provisions, listed in sections 119.2 and
119.3 of the Criminal Code Act 1995.
More...
Royal Commission into Violence, Abuse, Neglect and
Exploitation of People with Disability
Royal Commission into Violence, Abuse, Neglect and Exploitation of
People with Disability.
More...
An Investigation into the effectiveness of ATO
communications of taxpayers' rights to complain, review and
appeal
Death and Taxes – An Investigation into ATO Systems and
Processes for dealing with Deceased Estates.
More...
Review into the Framework of Religious Exemptions in
Anti-discrimination Legislation
There are a number of anti-discrimination laws in Australia at the
federal, state and territory level. Many of these laws include some
kind of exemption for religious institutions, to enable those
institutions to give effect to beliefs and practices of the
particular religion.
More...
Guidance for digital check-in providers collecting
personal information for contact tracing
As a result of the COVID-19 pandemic, state and territory health
authorities have required some businesses to collect personal
information from their patrons as a condition of re-opening.
Developers have moved quickly to help Australian businesses comply
with these requirements and fill an urgent business need.
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.
More...
NSW
COVID-19: Information for Attending Court – 11
September 2020
The New South Wales Bar Association's
consolidated guide to COVID-19-related court arrangements has
again been updated in terms of recent developments.
Protocol for the Bar Associations of Australia to raise
any concern about Judicial conduct in Commonwealth courts
The President of the ABA has written to remind ABA members
of the Protocols which the ABA entered into with the Heads of
federal jurisdictions in August 2019 regarding raising of concerns
about Judicial conduct in Commonwealth courts, and which were
recently refreshed (07 September 2020).
More...
IPC NSW: Privacy Commissioner Statement on the Service
NSW cyber incident
The Privacy Commissioner approved a Public Interest
Direction on 5 August 2020 to enable a time limited data exchange
process between Service NSW, Transport for NSW
(TfNSW) and the NSW Registrar of Births, Deaths
and Marriages (BDM). The Direction will expire on
31 January 2021 and requires Service NSW to appoint an independent
auditor to assess compliance with the Direction, and report to the
Privacy Commissioner on compliance with the Direction (07 September
2020).
More...
ICAC: Dealing with Corruption, Fraud and the ICAC: the
role of public sector Audit and Risk
The NSW ICAC has produced a paper to help guide audit and
risk committees on their role in dealing with corruption, fraud and
the ICAC (10 September 2020).
More...
ICAC: Public inquiry into allegations concerning former
MP Daryl Maguire
The NSW ICAC will hold a public inquiry starting Monday 21
September 2020 as part of an investigation it is conducting into
allegations concerning the former NSW Member of Parliament for
Wagga Wagga (01 September 2020).
More...
NCAT: Change to Appeal Panel callover days
From Monday 14 September 2020, the Appeal callover days
will change from Tuesday and Thursday to Wednesday and Friday. NCAT
will continue to notify parties in writing of the date and time of
the callover. The appeal itself is not heard at the callover (11
September 2020).
More...
Reminder: 2020 Professional Standards Scheme
commences
The fourth New South Wales Bar Association Professional
Standards Scheme will remain in effect until 30 June 2025.
More...
JUDCOM: Decisions reserved
The Court of Appeal maintains a list of matters before the
Court for which judgment is reserved. The list is updated weekly.
More...
Resumption of defended hearings in the Local Court of
NSW – information for solicitors
There are two cohorts of those matters: matters that were
listed for hearing from 23 March 2020 to 4 May 2020 and those
listed for 4 May – 31 July 2020 (as per paragraph 12 of
Memorandum 10). The Court is endeavouring to ensure that as far as
possible these defended hearings proceed as defended hearings and
are not the subject of pleas of guilty on the day of the hearing or
of adjournments or delay.
More...
Published – articles, papers, reports
Social media: Guidance for Australian Public Service
Employees and Agencies
This guidance was aimed at helping APS employees,
managers, and Agencies understand and assess the risks that
employees' online behaviour could pose to public confidence in
Agencies and the APS, and strike a reasonable balance between
employees' rights as individuals and their obligations as
Public Servants (10 September 2020).
More...
Corporate Criminal Responsibility
The Australian Law Reform Commission report, Corporate
Criminal Responsibility, was tabled in Parliament on 31 August
2020. The ALRC has made 20 recommendations for reform. Download the
Summary Report. Download the Final Report (31 September 2020).
More...
Corporate Plan 2020-21 sets out OAIC strategic
priorities
Ther Corporate Plan 2020-21 sets out strategic priorities
and key activities (31 August 2020).
More...
Establishment and Use of ICT Related Procurement Panels
and Arrangements
The objective of this audit was to assess the extent to
which entities' establishment and use of ICT related
procurement panels and arrangements supported the achievement of
value for money outcomes (31 August 2020).
More...
Bail and Commonwealth Child Sex Offences Guide
The bail amendments are effective on or after 23 June
2020. The legislation affects all Commonwealth child sex offences
with the exclusion of s474.25C, with the provisions impacting on
any person charged with the more serious (First Strike) offences,
and impacting on persons with prior child sex convictions who are
charged with the less serious (Second Strike) offences (10
September 2020).
More...
NSW Recorded Crime Statistics quarterly update June
2020
NSW Bureau of Crime Statistics and Research: Crime
statistics (01 September 2020).
More...
Cases
DQU v University of New England
[2020] NSWCATAD 226
ADMINISTRATIVE LAW – privacy – review of
conduct of a public sector agency in collecting personal
information from the applicants for the purpose of assessing
whether a prospective overseas student will meet the Genuine
Temporary Entrant (GTE) and financial requirements
specified by the Australian Government for the issue of a student
visa – whether the collection of this information for this
purpose is a lawful purpose that is directly related to a function
or activity of the University and the collection of that
information is reasonably necessary for that purpose (s 8 of the
Privacy and Personal Information Protection Act 1998) –
whether the conduct of the public sector agency contravened the
information protection principles in s 9, 10 and 11 of Privacy and
Personal Information Protection Act 1998
Ruyters v Commissioner of Police
[2020] NSWCATAD 223
ADMINISTRATIVE LAW – administrative review –
Government Information – refusal to deal with application
– whether substantial and unreasonable diversion of
agency's resources – consideration of s 60(3A) and (3B)
factors – meaning of "general public interest" in s
60(3B) – nature of balancing task to be undertaken by
decision-maker in determining whether dealing with an application
would require an unreasonable and substantial diversion of the
agency's resources
Rice Marketing Board for the State of New South Wales v
Forbidden Foods Pty Limited;
Forbidden Foods Pty Limited v Rice Marketing Board for
the State of New South Wales [2020] NSWCATAP
182
APPEALS – government information – access
application – appeals from decision that government
information be disclosed – public interest considerations
– whether public interest considerations applied
inconsistently – whether Tribunal misapplied s 13 of the
Government Information (Public Access) Act 2009
PROCEDURE – standing of third party to bring an appeal
– whether "party" in proceedings below
–whether "intervenor" in proceedings below –
meaning of "party" in s 80(1) of Civil and Administrative
Tribunal Act 2013
PROCEDURE – parties on appeal – joinder –
principles as to joinder of parties – application of s 44(1)
of Civil and Administrative Tribunal Act 2013 – whether
joinder necessary or proper – whether interests of applicant
affected by orders made below – other factors considered
– application for joinder granted
PROCEDURE – right to appear and be heard – whether
third party has statutory entitlement to appear and be heard under
s 104(3) of the Government Information (Public Access) Act
2009
STATUTORY CONSTRUCTION – whether s 104(3) applies to internal
appeals
PROCEDURE – role of Information Commissioner under s 104(1)
of Government Information (Public Access) Act 2009 – whether
limited to principles of statutory construction, applicable law,
policies and guidelines
Kastanias v Georges River Council
[2020] NSWCATAD 213
ADMINISTRATIVE LAW – access to government
information – confidential information – whether
prejudice to the effective exercise of that agency's functions
– whether prejudice to a deliberative process – whether
prejudice to exercise of the agency's functions – breach
of confidence – whether prejudice to conduct, effectiveness
or integrity of any audit, test, investigation or review conducted
– whether disclosure reveals personal information –
whether disclosure contravenes an information protection principle
– whether disclosure reveals false or unsubstantiated
allegations – whether disclosure prejudices legitimate
business, commercial, professional or financial interests –
whether public interest considerations against disclosure outweigh
the public interest considerations favouring disclosure
Jamal v Commissioner for Fair Trading
[2020] NSWCATOD 99
ADMINISTRATIVE LAW – Real Estate Licence –
Property Stock and Business Agents Act – Fit and proper
person – Applicant subject to good behaviour bond –
Period of supervision suspended – Criminal convictions
– Serious Criminal past – Nature of offences –
whether full disclosure made
Legislation
NSW
Regulations and other miscellaneous instruments
Annual Holidays Amendment (COVID-19 Prescribed Period)
Regulation 2020
(2020-534) — published LW 11 September 2020
Criminal Procedure Amendment (Legally Assisted Persons)
Regulation 2020
(2020-535) — published LW 11 September 2020
Public Holidays Amendment (Lismore City Council and Grafton
City) Order 2020
(2020-533) — published LW 9 September 2020
Road Transport Legislation Amendment (Registration
Information Disclosure Agreement) Regulation
2020
(2020-541) — published LW 11 September 2020 - to clarify that
Transport for NSW may enter into an agreement, with 1 or more toll
operators, that provides for the release to the toll operator or
toll operators of particular information with respect to a
registrable vehicle and to make consequential amendments.
Bills assented to
Casino Control Amendment (Inquiries) Act 2020 No 20 — Assented to 07 September 2020
For the full text of Bills, and details on the passage of Bills, see Bills.
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.