In the media
NSW ICAC set up as a special need for corruption in
Former counsel assisting the NSW ICAC Geoffrey Watson SC defends the role of ICAC, saying the body was set up with the unique nature of corruption in the public sector in mind (04 October 2021). More...
IBAC to hold public hearings into allegations of serious
corrupt cnduct involving Victorian Members of Parliament
Public hearings into allegations of serious corrupt conduct involving Victorian public officers, including Members of Parliament, will commence on 11 October. The hearings are part of Operation Watts, which is looking into a range of matters including allegations of 'branch stacking (30 September 2021). More...
Audit launched into Services Australia's reliance on
The national audit office has turned its attention to the prevalence of contractors at Services Australia, following concerns the agency has a "serious problem" with tech capability due to its over-reliance on outsourced work. The ANAO has also launched an audit into the Department of Defence's use of contractors with the same terms of reference. (30 September 2021). More...
Victoria launches home quarantine trial using facial
The Victorian government has launched a trial of home quarantine for returning residents using facial recognition and geolocation technology, the latest in a number of states to embark on similar pilots (28 September 2021). More...
Freedom of Information changes go too far
On the International Day for Universal Access to Information, the Law Council of Australia has expressed concern the COAG Legislation Amendment Bill 2021 extends Freedom of Information exemptions too broadly and without adequate justification (28 September 2021). More...
International Access to Information Day 2021
The Office of the Australian Information Commissioner is calling for an open-by-design approach to managing government-held information as it marks International Access to Information Day on 28 September (27 September 2021). More...
In practice and courts
Draft legislation for Australian Government Digital
The proposed legislation will enshrine in law, privacy and consumer safeguards for greater trust in the System as it expands. This includes more services and sectors, accelerating an economy-wide rollout. Submissions are open until 27 October 2021. More...
ACMA: Scam alert: COVID-19 scams
27 September 2021 – Australians need to be vigilant about scammers using calls, SMS and emails to take advantage of the COVID-19 vaccination rollout and, more generally, COVID-related restrictions. If in doubt, or for more information, contact the Department of Health's COVID-19 vaccine helpline on 1800 020 080 or visit health.gov.au. You can make a report and/or find out more about COVID-19 scams at Scamwatch.
Supreme Court protocol for judicial review of Parole
Board Queensland applications
The protocol, which will come into effect from 5 October, applies to any application made by a prisoner under s22(2) of the Judicial Review Act 1991 for a statutory order of review of a failure by the Parole Board Queensland to decide a prisoner's parole application within the period fixed by s193(3) of the Corrective Services Act 2006.
The protocol applies to applications filed in the Brisbane Registry only. See the protocol for full details.
Community Support and Services Committee – QPS -
Criminal Law (Raising the Age of Responsibility) Amendment Bill
2021 (Bill) Consultation
The objective of the Bill is to ensure children under 14 years of age are not incarcerated or otherwise punished under the criminal legal system, consistent with current medical understanding of child development and contemporary human rights standards. The closing date for submissions is 30 November 2021. An information sheet can be found here.
Published – articles, papers, reports
Vaccinations in the workplace and navigating mental
health in the COVID era
Law Society of NSW Employment Law Committee: 27 September 2021
Examines examining the legal framework surrounding mandatory COVID-19 vaccinations and the workplace. More...
Surefoot IP Holdings Pty Ltd v All Footings Solutions Pty
Ltd  FCA
PRACTICE AND PROCEDURE – patents – position statement on infringement – adequacy of position statement – need to identify features of allegedly infringing products and corresponding integers of claims in patent
The Applicant is the patentee of Australian Patent No 2012276281 entitled 'improved footing plates'. The Patent relates to footing plates for posts, poles or upright beams in buildings and similar structures.
Nine Network Australia Pty Ltd v Civil Aviation Safety
Authority  FCA
ADMINISTRATIVE LAW – application for judicial review under the Administrative Decisions (Judicial Review) Act 1977 (Cth) – urgent suspension or stay of decision – where respondent declared restricted area under Airspace
Administrative Decisions (Judicial Review) Act 1977 (Cth); Airspace Regulations 2007 (Cth)
'YA' and Australian Taxation Office (Freedom of
Information)  AICmr
Freedom of Information — whether disclosure would have a substantial adverse effect on the management or assessment of personnel — whether contrary to public interest to release conditionally exempt documents — (CTH) Freedom of Information Act 1982 ss 11A(5) and 47E(c)
'XZ' and Veterans' Review Board (Freedom of
information)  AICmr
Freedom of Information — whether reasonable steps taken to find documents — (CTH) Freedom of Information Act 1982 s 24A. The VRB did not make a decision on the applicant's request within the statutory timeframe and was therefore deemed to have refused the applicant's request under s 15AC(3) of the FOI Act.
Sanctions (Designated and Declared Persons—Myanmar) Amendment
(Continuation of Effect) Instrument 2021
07/10/2021 - This instrument continues the designations and declarations of 5 persons who the Foreign Minister is satisfied continue to meet the criteria for targeted financial sanctions and travel bans under the Autonomous Sanctions Regulations 2011.
Commissions Amendment (Defence and Veteran Suicide Private
Sessions) Regulations 2021
05/10/2021 - This instrument amends the Royal Commissions Regulations 2019 to prescribe the Royal Commission into Defence and Veteran Suicide as a Royal Commission that is authorised to use private sessions.
and Consumer (Consumer Data Right) Amendment Rules (No. 1)
05/10/2021 - This instrument amends the Competition and Consumer (Consumer Data Right) Rules 2020 to facilitate greater participation in the Consumer Data Right (CDR) regime by participants and consumers, provide greater control and choice to consumers in sharing their data, promote innovation of CDR offerings including intermediary services, and enable services to be more effectively and efficiently provided to customers.
Not Call Register (Access Fees) Amendment Determination 2021
28/09/2021 - This determination amends the Do Not Call Register (Access Fees) Determination 2017 to increase the fees set out in Part 2 of that determination.
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.