In the media
ACCC warning on 'screen scraping' and CDR
data
Any information gained by combining CDR data with other
sources, including screen scraping, would be treated as CDR data,
the ACCC said, requiring higher standards of consent, privacy and
security (28 March 2021). More...
New law protects pets from domestic violence
Domestic violence victim-survivors and their companion
animals will have greater protections from abuse under new laws
that commenced this weekend (28 March 2021). More...
Changes making it easier for sex assault victims to
access their own files pass House of Representatives
Victims of sexual assault in Parliament House will now be
able to access case files handed to an internal inquiry, after the
government agreed to amend a new law to the Archives and Other
Legislation Amendment Bill (25 March 2021). More...
Time for a Government response to pathways to justice
report
The President of the Law Council of Australia has issued a
Media Statement saying the Law Council of Australia believes it is
time for the Australian Government to take the lead in responding
to the ALRC Pathways to Justice-Inquiry into the Incarceration Rate
of Aboriginal and Torres Strait Islander Peoples Report (25 March
2021). More...
Government delivers consent law reforms
The protection of women was again at the forefront of the
legislative agenda of the Palaszczuk Labor Government as it
delivered significant consent law reforms in Parliament (25 March
2021). More...
ACMA moves to block more illegal gambling websites
The ACMA is set to request Australian internet service
providers (ISPs) block more illegal offshore gambling websites.
Following numerous complaints about these services, the ACMA
undertook investigations which found them to be operating in breach
of the Interactive Gambling Act 2001 (24 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...
Integrity summit to focus on lobbying and the public
sector
Representatives from integrity agencies across Australia
will put lobbying practices and their influence on the public
sector under the microscope at an integrity summit to be held in
Brisbane. The summit will hear from integrity practitioners who are
responsible for overseeing or administering legislation pertaining
to lobbying government officials (23 March 2021). More...
What factors influence police and court bail
decisions
BOCSAR has found that legal factors had the largest impact
on police and court decisions to refuse bail. The strongest
predictors of bail refusal were whether the offence carried a
presumption against bail, offence seriousness, concurrent charges,
prior offending and prior imprisonment (23 March 2021). More...
Police blow whistle on social media
The Australian Federal Police (AFP) has issued a warning
that the users of social media are posting too much personal and
professional information, making them easy targets for criminals
(22 March 2021). More...
Audit finds cybersecurity offline
A performance audit of the Agencies responsible for
ensuring the Australian Public Service complies with cyber security
requirements has found their activities failing to be fully active,
and did not accurately self-assess their implementation of
the Top Four mitigation strategies (22 March 2021). More...
Report calls out 'submissive' public
service
A report into the so-called sports rorts scandal has
described an "exercise in pork barrelling" by the federal
government and highlights a culture of "over submissiveness
and deference" on the part of public servants (22 March 2021).
More...
Gaetjens report
The committee's final report, tabled on 19 March 2021, recommends
the government immediately fund all projects that were assessed as
meritorious and recommended by Sport Australia but dismissed in the
final ministerial funding decision.
Path cleared for demerger process to begin
The Morrison Government has cleared the way for individual
parts of amalgamated registered organisations - unions or employer
organisations - to begin the process of breaking away from their
larger organisations. Regulations detailing the demerger process,
including the rules for conducting ballots of members, were made by
the Governor-General and take effect (19 March 2021).
More...
APS workforce strategy released
The Australian Public Service Commission has released it
first 'one-APS' approach to workforce management in what
the Commissioner says is a major milestone on the road to reform.
The strategy, Delivering for Tomorrow is part of the
commonwealth's APS reform agenda which aims to create a better
and more efficient public service (18 March 2021). More...
New strategy unveiled for APS workforce
The APSC has released a new workforce strategy for the
APS, setting out its operation as a single enterprise with a high
performing workforce that delivers outcomes effectively and
efficiently for all who use its services (19 March 2021). More...
Cybercrime prompts warning to consumers
The Australian Cyber Security Centre (ACSC) 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...
PM asks solicitor general for advice on what duties
Christian Porter should delegate
The attorney general will not deal with matters relating
to the federal court and the ABC, but concerns have been raised
about other areas. Scott Morrison has asked the solicitor general
for advice on how to handle potential conflicts of interest with
the attorney general (17 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...
Law Council comments on Family Law Second Interim
Report
In particular, the Law Council endorses the recommendation
that the Australian Government increase funding to Legal Aid
Commissions and Community Legal Centres, to enable those services
to boost their support for disadvantaged and vulnerable families
within the family law system (16 March 2021). More...
HRLC: New laws would only serve to trap Queensland
children in the criminal legal system
New laws proposed by the Queensland Government will
entrench children from marginalised backgrounds in the quick sand
of the youth legal system (15 March 2021). More...
In practice and courts
Federal Circuit Court of Australia - judicial
appointment
The Federal Circuit Court of Australia is delighted to
announce the appointment of Mr Christopher John Bowrey, a family
law solicitor in Townsville, as a judge of the Federal Circuit
Court of Australia in the Townsville Registry, commencing Monday,
22 March 2021. The Media Release is here.
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.
6/2021, 22 March 2021. More...
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...
OAIC: amendments to the Privacy (Market and Social
Research) Code 2014
Initiated and developed by the Association of Market and
Social Research Organisations (AMSRO), the code sets out how AMSRO
members must comply with the Australian Privacy Principles in the
Privacy Act 1988 in the conduct of market and social research.
The Privacy (Market and Social Research) Code
2021 will commence on 22 March 2021 (04 March 2021).
More...
OAIC submissions
Commonwealth Integrity Commission - Draft
legislation - 10 March 2021
Online Safety Bill 2021 - Submission to the
Environment and Communications Legislation Committee (March
2021) - 10 March 2021
Exposure Draft - Online Safety Bill
2020 - 10 March 2021
ACMA Consultations
Credit betting prohibitions in the Interactive
Gambling Act - consultation 4/2021
We are looking into whether interactive gambling credit
betting prohibitions are operating effectively. Closes 31 March
2021. More...
OAIC: Independent review of the credit reporting
code
In April 2021, the Australian Information Commissioner and
Privacy Commissioner will tender for an independent review of
the Privacy (Credit Reporting) Code 2014 (the
CR Code). This review is an opportunity to explore how the CR Code
is operating in practice.(26 March 2021). More...
OAIC Submissions
Senate Finance and Public Administration
Legislation Committee - Inquiry into the Data Availability and
Transparency Bill 2020 - 24 March 2021
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 (FOI
Act):
Reference number FOIREQ21/00013 Date of access 23 March 2021 FOI
request
A copy of Privacy Impact Assessment (PIA) report for the joint OAIC
ACCC Complaint Handling System for the Consumer Data Right - Other
information Partial access provided - 24 March 2021.
More...
ANAO Consultations
Due to table: April, 2021 Open for contribution Administration of the National Bushfire Recovery
Agency The objective of this audit is to assess the
effectiveness of the National Bushfire Recovery Agency and its
administration of the National Bushfire Recovery Fund. Due to
table: May, 2021 Open for contribution - Australian National University's Governance
and Control Frameworks - The objective of this audit is to
examine the effectiveness of the Australian National
University's governance and control frameworks.
ACMA reminder, NBN consumer experience rules
ACMA has enhanced NBN
consumer experience rules to protect Australians during
the final phase of the NBN migration. The enhancements have been
made to the following rules: Service
Continuity Standard; Service
Migration Determination; Consumer
Information Standard; Complaints Handling Standard. The enhancements
to the Service Continuity Standard and Service Migration
Determination will start on 14 December 2020, while most
enhancements to the Complaints Handling Standard and Consumer
Information Standard will start on 1 April 2021. More...
ACMA Consultations
Credit betting prohibitions in the Interactive Gambling
Act - consultation 4/2021
We are looking into whether interactive gambling credit
betting prohibitions are operating effectively. Closes 31 March
2021. More...
LSC: Regulation of litigation funding schemes
The Legal Services Council 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 See
the Legal Services Council website
Finance and Public Administration Legislation
Committee
Data Availability and Transparency Bill 2020
[Provisions] and Data Availability and Transparency (Consequential
Amendments) Bill 2020 [Provisions] report by Thursday, 29
April 2021
Operation and management of the Department of
Parliamentary Services On 22 February 2021, the reporting
date was extended to 19 May 2021
Legal and Constitutional Affairs Legislation
Committee
National Emergency Declaration Act
2020 The deadline for submission to the inquiry is 26
March 2021
Judges' Pensions Amendment (Pension Not Payable
for Misconduct) Bill 2020 report by 5 April 2021
Queensland
Queensland Courts
New issue of DFVP Act Benchbook, issue 8 24 March
2021
The updated issue of the Domestic and Family Violence Protection Act
Benchbook , issue 8 has now been published
Updated Electronic Lodgement of Estate Applications
Protocol 22 March 2021
Section 22 of the protocol l has been updated to
remove reference to the original death certificate. The original
death certificate is to be exhibited to the original affidavit that
is scanned and lodged in accordance with the protocol.
OIC Qld: New guideline: Achieving effective privacy and
information security training
OIC has published a new guideline, Achieving
effective privacy and information security training, which draws on
both the OIC's work in auditing agencies and
recommendations made by the Crime and Corruption Commission in
their Operation Impala report (23 March 2021) More...
OIC Qld: Follow-up audit of awareness of privacy
obligations
On 23 March 2021, the Speaker of the Queensland
Legislative Assembly tabled the report implementing the
recommendations of our 2018-19 audit. Over the last two
years, the audited agencies have implemented all 12
recommendations. The three agencies now mandate periodic refresher
training and have set up systems and processes to monitor and
report on completed training. More...
Department of the Premier and Cabinet consultation
Annual report 2019-20 feedback survey
Open to 30 June 2021 - help us improve our annual reports so
readers can use them more effectively.
Bills and Papers
Queensland Law Reform Commission: A legal
framework for voluntary assisted dying-Review update, February 2021
| Qld
Due to the size and complexity of the Commission's task, the
reporting date was altered to 10 May 2021.
Queensland Law Reform Commission Consultation Paper -
a legal framework for voluntary assisted dying
The Queensland Law Reform Commission is seeking feedback
on the Consultation Paper "A legal framework for voluntary assisted
dying". The Consultation Paper explores a legal framework
for voluntary assisted dying.. For more information please see
the consultation page and the terms of
reference. Note: The Commission
continues to work hard on this review, and hopes to meet a
reporting date of 10 May 2021. This document is intended to inform
the public about the Commission's task and its processes, and
how it hopes to complete the review by 10 May 2021.
Department of the Premier and Cabinet Consultation
Annual report 2019-20 feedback survey
By taking a minute to complete this survey, you will help
us improve our annual reports so readers can use them more
effectively. Open until 30 June 2021. More...
Published - articles, papers, reports
The National Brief No 2
The Australian Bar Association: 16 March 2021
The second instalment of the ABA's monthly brief, the National
Brief, has now been published and is available here.
CDPP Publications
Suppression Orders, Non-publication orders and Pseudonym
orders [NLD]
19 March 2021'NLD Suppression Orders Non-Publication Orders and
Pseudonym Orders.pdf
2020 APS Employee Census CDPP Highlights Report
19 March 2021 - The Australian Public Service Commission
(APSC) tracks the views of APS employees about leadership,
engagement, wellbeing and performance management. More...
Cyber Security Strategies of Non-Corporate Commonwealth
Entities
ANAO Report No 32: 19 March 2021:
The objective of the audit was to assess the effectiveness of cyber
security risk mitigation strategies implemented by selected
non-corporate Commonwealth entities to meet mandatory requirements
under the Protective Security Policy Framework, and the support
provided by the responsible cyber policy and operational entities.
More...
Award of Funding under the supporting reliable energy
infrastructure program
ANAO Report no 31: 18 March 2021
The objective was to examine whether the award of funding under the
Supporting Reliable Energy Infrastructure Program was informed by
an appropriate assessment process and sound advice that complied
with the Commonwealth Grant Rules and Guidelines. More...
ALRC InBrief 16 March 2021
Judicial impartiality seminar stimulates important discussions On Tuesday 2 March 2020 the Australian Law Reform Commission (ALRC) co-hosted a panel seminar with the Australian Academy of Law at the Federal Court of Australia in Sydney. The expert panel explored issues of public confidence, apprehended bias, and the modern federal judiciary. More...
Cases
Polaris Coomera Pty Ltd v Minister for
the Environment [2021] FCA
254
ADMINISTRATIVE LAW - application for judicial review of
Minister's decision under s 75(1) Environment Protection and
Biodiversity Conservation Act 1999 (Cth) - where proposed
development declared a controlled action - whether denial of
natural justice - whether improper exercise of power - whether
inadequate reasons - whether error of law - whether decision
irrational - application dismissed with costs
Administrative Decisions (Judicial Review) Act 1977 (Cth) ss 5, 13
and 16
Bell v Native Title
Registrar [2021] FCA
229
NATIVE TITLE - decision of delegate of Native Title
Registrar to accept further amended claimant application for
registration under s 190A of the Native Title Act 1993 (Cth) -
application for judicial review of that decision under
Administrative Decisions (Judicial Review) Act 1977 (Cth) (ADJR
Act)
ADMINISTRATIVE LAW - procedural fairness requirements - standing
and procedural fairness - concept of "legitimate
expectation" - applicants not afforded opportunity to be heard
- notice not required under NT Act - applicants aware decision to
be made by delegate - no procedural unfairness - no practical
injustice suffered
ADMINISTRATIVE LAW - standing - standing and constitutional concept
of "matter" - standing necessary to enliven Court's
jurisdiction - meaning of "person aggrieved" under s 5(1)
of the ADJR Act - standing where applicants competing native title
claimants - Hazelbane v Doepel [2008] FCA 290; 167 FCR 325
distinguished - applicants "persons aggrieved" by
delegate's decision
ADMINISTRATIVE LAW - improper exercise of power - whether
delegate identified wrong issue under s 190B of the NT Act - nature
of function under s 190B(5) - whether delegate failed to take into
account a relevant consideration - no reviewable error
Administrative Decisions (Judicial Review) Act 1977 (Cth), ss 3(4),
5(1)-(2), 11(3); Judiciary Act 1903 (Cth), s 39B
Federal Court Rules 2011 (Cth), r 8.21; Administrative Decisions
(Judicial Review) Act 1989 (ACT)
'WU' and Department of Defence
(Freedom of information) [2021] AICmr
9
Freedom of Information - Access grant - Personal privacy -
Whether disclosure of personal information would be unreasonable -
(CTH) Freedom of Information Act 1982 s 47F.
'WV' and Department of
Veterans' Affairs (Freedom of information)
[2021] AICmr 10
Freedom of Information - Whether reasonable steps taken to
locate documents - (CTH) Freedom of Information Act 1982 s
24A
Quinlan v ERM Power Ltd & Ors (No
2) [2021] QSC
51
COMMUNICATIONS LAW - WHISTLEBLOWER PROTECTION AND PUBLIC
INTEREST DISCLOSURE LEGISLATION -- determination of costs of the
strike out applications - where s 1317AH of the Corporations Act
2001 (Cth) provides that a claimant in a proceeding in relation to
a matter arising under s 1317AE of the Act must not be ordered to
pay costs incurred by another party to the proceedings, except in
accordance with s 1317AH(3) - where one of the exceptions is where
the court is satisfied the claimant's unreasonable act or
omission caused the other party to incur the costs - whether the
plaintiff's opposition to the strike out applications amounted
to an unreasonable act or omission, such that the court should make
an order that he pay part of the defendants' costs
The Trust Company Limited v
Valuer-General [2021] QLC
9
STATUTES - ACTS OF PARLIAMENT - INTERPRETATION - GENERAL
APPROACHES TO INTERPRETATION - where parties did not agree about
the operation of s 22 of the Land Valuation Act 2010 - whether it
is necessary to make adjustment to site market value when there is
an existing development approval - where the appellants contended a
value must be assigned to the development approval so that it may
be removed - where the Value-General disagreed with this approach -
whether the Valuer-General's approach includes the development
approval as part of the unencumbered estate in fee simple - where
the Court held that the existing use assumption does not affect the
hypothetical estate in fee simple - where the Court considered it
incongruent with the plain words used in s 22 to exclude the value
of the development approval ¬- where the appellants argued the
Valuer-General's approach wrongly included the value of an
intangible improvement as part of the site value - where the
Valuer-General did not assert this - where extrinsic material
indicates an intention to exclude the added value of a development
approval in valuing a property - where the Court considered added
value must mean a value other than that inherent in the
authorisation of the use - where the Court held that s 22 does not
require the valuers to adjust the value of the subject properties
to remove the value of their development approval
Legislation
Commonwealth
Archives and Other Legislation Amendment
Bill 2021
HR Third reading agreed to 25/03/2021
This Bill would strengthen the confidentiality of information given
to the Independent Review into the workplaces of Parliamentarians
and their staff conducted by the Sex Discrimination Commissioner,
by excluding a right of access
under the Freedom of Information Act
1982 These proposed amendments would not
prevent the Independent Review from
publishing such information as it considers appropriate.
Family Law Amendment (Federal Family
Violence Orders) Bill 2021
HR 24/03/2021 - The Family Law Amendment (Federal Family
Violence Orders) Bill 2021 (the Bill) would amend the Family Law
Act 1975 (the Family Law Act) to establish new federal family
violence orders which, if breached, can be criminally enforced.
Federal family violence orders would offer stronger protection for
victims of family violence than existing family law personal
protection injunctions which can only be enforced civilly.
Online Safety (Transitional Provisions and
Consequential Amendments) Bill 2021
Senate 17/03/2021 - Introduced with the Online Safety Bill
2021, the bill: repeals the Enhancing Online Safety Act 2015; makes
consequential amendments to 10 Acts; amends the Crimes Act 1914,
Export Market Development Grants Act 1997 and Online Safety Act
2021, when enacted, to make amendments contingent on the
commencement of certain other Acts; and contains transitional and
application provisions.
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.
Acts
Higher Education Support Amendment (Freedom
of Speech) Act 2021
23/03/2021 - Act No. 22 of 2021 as made
Regulations
Spam Regulations
2021
22/03/2021 - These regulations exclude fax messages from
the definition of commercial electronic message, and specify
conditions with which an electronic address must comply for the
purposes of the Spam Act 2003.
Student Identifiers Amendment (Authorised
Collection, Use or Disclosure-Regional University Centres Program)
Regulations 2021
22/03/2021 - This instrument amends the Student
Identifiers Regulation 2014 to provide for the collection, use or
disclosure of student identifiers by bodies corporate to whom a
grant has been made under the Regional University Centres
Program.
Privacy Amendment (Office of the National
Rail Safety Regulator) Regulations
2021
22/03/2021 - This instrument amends the Privacy
Regulation 2013 to prescribe the Office of the National Rail Safety
Regulator (an authority of South Australia) as an organisation
under subsection 6F(1) of the Privacy Act 1988.
Queensland
Bills Updated
Criminal Code (Consent and Mistake of Fact) and
Other Legislation Amendment Bill 2020
Stage reached: 2nd reading adjourned on 24/03/2021
Child Protection and Other Legislation Amendment
Bill 2020
Stage reached: Passed on 23/03/2021
Subordinate legislation - 26 March 2021
No 26 Public Health (Further Extension of Declared
Public Health Emergency-COVID-19) Regulation 2021
Acts Commencement
Electoral and Other Legislation (Accountability,
Integrity and Other Matters) Amendment Act 2020 (Qld)
The key policy objective of Chapter 2 is to improve the actual
and perceived integrity and public accountability of State
elections and ensure public confidence in State electoral and
political processes
Commencement: (1)Chapter 2 commences as follows- Chapter 2
commences as follows- (b)section 22, to the extent it inserts new
part 11, division 5, commences on 1 January 2022.
Subordinate legislation reminder
No 144 Electoral Amendment Regulation 2020
5 Amendment of s 8 (Amount of policy development payment to which
eligible registered political party is entitled-Act, s 240)
(1)
Section 5 commences on 1 January 2022.
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.