In the media
NSW ICAC set up as a special need for corruption in
public sector
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).
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Audit launched into Services Australia's reliance on
contractors
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
recognition tech
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).
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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).
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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).
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In practice and courts
Draft legislation for Australian Government Digital
Identity System
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.
Queensland
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...
Cases
Surefoot IP Holdings Pty Ltd v All Footings Solutions Pty
Ltd [2021] FCA
1181
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 [2021] FCA
1160
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) [2021] AICmr
49
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) [2021] AICmr
48
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.
Legislation
Commonwealth
Autonomous
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.
Royal
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.
Competition
and Consumer (Consumer Data Right) Amendment Rules (No. 1)
2021
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.
Do
Not Call Register (Access Fees) Amendment Determination 2021
(No.1)
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.