In the media
News Media Bargaining Code passes Parliament
Australia's News Media and Digital Platforms
Bargaining Code has officially passed through the Senate a day
after the Government confirmed last-minute amendments made as part
of the Morrison Government's negotiations with Facebook over
the past week. The Code aims to provide a framework for good faith
negotiations between the parties and a fair and balanced
arbitration process to resolve outstanding disputes (25 February
2021). More...
Dangerous new surveillance law must be scaled back
The Human Rights Law Centre has expressed alarm about an
expansive new law proposed by Home Affairs Minister Peter Dutton
that would give federal police invasive powers to takeover
people's online accounts and monitor online activity (24
February 2021). More...
Public drunkenness to be decriminalised following
historic vote
Historic and long overdue public drunkenness reforms have
passed the Victorian Parliament (19 February 2021). More...
Guidance released for vaccine rollout in Australian
workplaces
The Fair Work Ombudsman and Safe Work Australia have
released updated guidance for employers and employees about the
rollout of the COVID-19 vaccine in the workplace (19 February
2021). More...
DTA shows way on digital identity laws
The Digital Transformation Agency (DTA)
has released a report on the feedback it received during
consultation on Digital Identity legislation (15 February 2021).
More...
DTA hosts framework to protect data
The Digital Transformation Agency (DTA)
has announced the release of a Hosting Certification Framework,
offering Departments and Agencies the assurance that the
whole-of-Government Hosting Strategy principles are in place and
Government systems and data are secure (11 March 2021). More...
Law Council questions need for broad surveillance
powers
If passed, the three new warrant-based powers proposed in
the Surveillance Legislation Amendment (Identity and Disrupt) Bill
2020, will fundamentally alter Australia's
criminal intelligence framework, and potentially reach into and
disrupt the lives of innocent bystanders (11 March 2021). More...
Legal Aid: We welcome stronger protections against hate
speech in Victoria
The Victorian Parliament's inquiry into
anti-vilification protection has made recommendations that
recognise the harm caused by racial and other kinds of vilification
and suggested useful improvements to current laws and systems (03
March 2021). More...
Strengthening protections for domestic violence
victims
The Family Law Amendment (Federal Family Violence Orders)
Bill 2021, introduced in the House of Representatives, will
establish criminally enforceable federal family violence orders,
with breaches carrying a maximum penalty of up to two years in
prison. The orders will operate in the same way as state and
territory domestic violence orders (24 March 2021). More...
IBAC to resume public hearings into allegations of
serious corrupt conduct in Victoria's public transport
sector
The IBAC will resume public hearings for Operation
Esperance into allegations of serious corrupt conduct within
Victoria's public transport sector on 29 March (19 March 2021).
More...
New laws give Victorians hope to turn their lives
around
Victorians who have carried the unfair burden of a minor
historical offence will have a better chance to turn their lives
around, thanks to new laws (The Spent Convictions Bill 2020) passed
by Parliament (18 March 2021). More...
Cybercrime prompts warning to consumers
The Australian Cyber Security Centre has issued a warning
to consumers and businesses to change their usernames and passwords
following a data dump of stolen credentials on the dark web (18
March 2021). More...
Anti-Racism Framework in the picture
Australia's Race Discrimination Commissioner, Chin Tan
said his Concept Paper for a National Anti-Racism Framework
detailed key components that needed to be included in the Framework
and he would soon commence a series of roundtables with peak
anti-racism organisations to progress the plan (18 March 2021).
More...
ATO awards $11m contract for face scanning
technology
A UK-based biometrics company will provide face scanning
technology for the government's myGovID program. The technology
means users will be able to confirm their myGovID digital identity
by scanning their face on a mobile device in order to access
digital government services. The government says facial scanning
will prevent digital identity fraud (17 March 2021). More...
In practice and courts
ABA the National Brief #1 - 17 February 2021
In the first of the ABA's national communications,
President Matthew Howard SC writes about the ABA's priorities
in 2021 and the important issues affecting the profession it will
be addressing. More...
OAIC: Our FOI disclosure log
The information described in our disclosure log has been
released by the OAIC under the Freedom of Information Act 1982 and
is available for public access.
08 February 2021 - FOI request - A copy of NobleOak's
Notifiable Data Breach Form. 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. 4/2021, 22 February 2021
Issue No. 5/2021, 8 March 2021
Issue No. 6/2021, 22 March 2021
Commonwealth Integrity Commission: Consultation
draft
The Australian Government has released an exposure draft
of legislation to establish the new Commonwealth Integrity
Commission (CIC) and make other consequences
legislative amendments. A fact sheet about the key features of the
CIC has also been released. The consultation page includes links to the
draft legislation and further information about other issues under
consideration. Closing date 12 February 2021.
AustLII cyber law on the map
AustLII has announced the upcoming launch of the Cyber Law Map, an annotated guide to
Australian cyber-related legislation and case law which is intended
to be an evolving wiki categorising cyber law and case information.
The non-commercial venture is to be launched on 25 March and will
be freely available. More...
AHRC: Independent Review into Commonwealth Parliamentary
Workplaces
The Commission will not be investigating nor making
findings about individual allegations of bullying, sexual
harassment or sexual assault as part of the Review. The
Commission will report on its findings and recommendations in a
report to be tabled in Parliament in November 2021. The Terms of
Reference outline the scope of the Review in more detail. More...
Victoria
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.
Law Library Bulletin No 3 (fortnight
ending 26 February 2021)
Law Library Bulletin No 4 (fortnight
ending 12 March 2021)
Law Library Bulletin No 5 (fortnight
ending 26 March 2021)
Inquiry into the Use of Cannabis in Victoria - Have your
say
The reporting date for this inquiry has been extended to 1
June 2021. Once the report is tabled in Parliament, an electronic
copy will be available for download from the Report page.
Inquiry into Management of Child Sex Offender
Information - Have your say
The reporting date for this inquiry has been extended to
30 August 2021. Once the report is tabled in Parliament, an
electronic copy will be available for download from the Report page.
New hacker threat to email servers
Microsoft has announced that it has detected an overseas
hacking group exploiting vulnerabilities in its Exchange Server
email product. The issue is a new form of attack which allows
criminals to access the server and data on the network. Since then,
evidence has emerged that tens of thousands of businesses worldwide
have been affected. View the Microsoft announced earlier this week (02
March 2021).
DTA: Hosting Certification Framework
Will assist Government Agencies to mitigate against supply
chain and ownership risks and enable them to identify and source
appropriate hosting and related services. The framework worked in
conjunction with a suite of other policies and frameworks, such as
the Foreign Investment Policy and the Protective Security Policy
Framework (11 March 2021). More...
Legal Aid Victoria: Interim active case management
system for County Court
From 20 March the County Court is introducing an Interim
Active Case Management model system for new initiations. More...
COVID: Magistrates' Court of Victoria - Practice
Direction 9 - Diversion on the Papers
The updated Practice Direction is available on the
Court's website here. Also, the Chief Magistrate has extended
the Modified Access and Procedure Order (MAP)
until 25 April 2021 pursuant to section 33D of the Open Courts Act
2013 (Vic). A copy of the MAP is available on the Court's
website here.
IBAC Insights Issue 27, 16 March 2021
Issue 27 of IBAC Insights includes a message from our
Commissioner and features on prevent corruption in public
administration, the role of the Victorian Public Sector Commission,
Emerging public sector corruption risks in Victoria, new resources
and more. More...
Legal Aid Victoria: More inclusive juries
We have made a submission to the Victorian Law Reform
Commission's review into inclusive juries, supporting
change to reduce barriers that prevent people with disabilities
participating in juries (17 March 2021). More...
Published - articles, papers, reports
Commonwealth Ombudsman Publications
Better practice Complaint Handling guide
This Better Practice Guide is a resource to help your
agency ensure it has an effective and customer focused complaint
handling system. It will tell you what your agency stands to gain
from a good complaint handling system, what a good system looks
like and practical steps for handling complaints well (23 February
2021). More...
Results of 2019-20 Audits: State-controlled
Entities
VAGO: Tabled 17 March 2021
This report details the audit outcomes of the 286 state-controlled
entities that were granted that relief. It brings together the
results of the financial audits of the entities and provides
Parliament assurance regarding their overall financial management
and accountability. More...
Outsourcing of parking fine internal reviews - a
follow-up report
Victorian Ombudsman: 17 March 2021
This report provides an update on the use of private contractors to
review parking fines in Victoria.
More...
Cases
Commissioner of State Revenue v Tucker
(Review and Regulation) [2021] VCAT
238
Review and Regulation List - Freedom of Information Act
1982 - application for review following decisions of Office of the
Victorian Information Commissioner (OVIC) regarding two separate
requests; whether documents exempt under ss 30, 32, 34(1) and/or
34(4) - consideration of public interest override under s 50(4) -
OVIC's decisions set aside - exemptions claimed by the
Applicant confirmed - no public interest proven requiring release
of exempt documents - applicant's decisions to deny access to
disputed documents affirmed.
Legislation
Commonwealth
Bills
Treasury Laws Amendment (News Media and
Digital Platforms Mandatory Bargaining Code) Bill
2021
Passed both Houses 25/02/2021 - Amends the
Competition and Consumer Act 2010 to establish a mandatory code of
conduct that applies to news media businesses and digital platform
corporations when bargaining in relation to news content made
available by digital platform services.
Online Safety (Transitional Provisions and
Consequential Amendments) Bill 2021
House of Representatives 24/02/2021 - Schedule 1 to the
Bill repeals the Enhancing Online Safety Act 2015 because, when
passed, the Online Safety Bill will provide for much of the
framework currently under the Enhancing Online Safety Act 2015, as
well as provide additional powers to the Commissioner to keep
Australians safe online.
Schedule 2 contains consequential amendments to other Acts arising
from the enactment of the Online Safety Bill.
Schedule 3 contains transitional provisions for matters relating to
the Commissioner.
Online Safety Bill
2021
House of Representatives 24/02/2021 - The Bill, together
with the Online Safety (Transitional Provisions and Consequential
Amendments) Bill 2021,willcreate a modern, fit for purpose
regulatory framework that builds on the strengths of the existing
legislative scheme for online safety.
Online Safety Bill
2021
Senate 17/03/2021 - Introduced with the Online Safety
(Transitional Provisions and Consequential Amendments) Bill 2021,
the bill: Retains and replicates certain provisions in the
Enhancing Online Safety Act 2015, including the non-consensual
sharing of intimate images scheme; specifies basic online safety
expectations; establishes an online content scheme for the removal
of certain material; creates a complaints-based removal notice
scheme for cyber-abuse being perpetrated against an Australian
adult; broadens the cyber-bullying scheme to capture harms
occurring on services other than social media; reduces the
timeframe for service providers to respond to a removal notice from
the eSafety Commissioner; brings providers of app distribution
services and internet search engine services into the remit of the
new online content scheme; and establishes a power for the eSafety
Commissioner to request or require internet service providers to
disable access to material depicting, promoting, inciting or
instructing in abhorrent violent conduct for time-limited periods
in crisis situations.
Victoria
Acts
Change or Suppression (Conversion) Practices
Prohibition Act 2021 (Vic)
Act Number: 3/2021 Date of assent: 16 February 2021
Includes: (d)to amend the definitions of sexual orientation and
gender identity in the Equal Opportunity Act 2010; and(e)to include
sex characteristics as a protected attribute under the Equal
Opportunity Act 2010
Date of assent: 10 March 2021
Public Health and Wellbeing Amendment (State of
Emergency Extension) Act 2021 (Vic)
Act Number: 7/2021
Date of assent: 2 March 2021
Summary Offences Amendment (Decriminalisation of
Public Drunkenness) Act 2021 (Vic)
Act Number: 6/2021Victorian 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.