In the media
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).
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New APS guide on social media conduct
The Australian Public Service Commission
(APSC) has released updated guidance for APS
employees and Agencies on how to conduct themselves on social
media. It said APS employees had a right to participate in online
society, just as they had rights as citizens of Australia to engage
in community life (10 September 2020).
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Victorian eviction moratorium extended – News
alert
The Victorian Government has put in place a moratorium on
evictions, rent relief for eligible tenants, suspension of rental
increases, and a continued dispute resolution process. The
moratorium also made changes to how a tenant or landlord may end a
tenancy during the moratorium period (04 September 2020).
More...
Telstra, Optus, TPG and Dodo breach NBN service
continuity rules
The ACMA has found TPG, Optus, Dodo and Telstra in breach
of consumer protection rules after more than 1,500 of their
customers were left without telco services while trying to migrate
to the NBN. All four companies have provided court-enforceable
undertakings to introduce measures to improve compliance with the
service continuity rules (01 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...
IBAC charges four people as part of Operation
Lansdowne
IBAC has charged four people with a range of offences as
part of Operation Lansdowne. IBAC's Operation Lansdowne
investigation examined allegations of serious corruption involving
the Victorian vocational education and training, and transport
sectors (25 September 2020).
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Latest research shows consumer privacy concerns around
data misuse rising
Office of the Australian Information Commission's new
report on attitudes around privacy highlights challenges with
targeting ads and collecting or combining data without consent (24
September 2020).
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Simplified insolvency processes welcome, but government
must consult now to avoid unforeseen consequences
The Law Council welcomes the government's interest in
assisting small business to deal with the inevitable insolvency
impacts that will be felt in the economy in the aftermath of the
COVID-19 economic crisis. The Law Council, through its Business Law
Section Insolvency and Restructuring Committee, has been
considering possible reforms (24 September 2020).
More...
The Victorian Bar and Australian Bar Association raise
concerns about the COVID-19 Omnibus Bill 2020
Concerns about the criteria for appointment and power of
"authorised officers" under the Bill have been raised by
the Victorian Bar with the Attorney-General, supported by the
Australian Bar Association (23 September 2020).
More...
New judicial appointments to Magistrates'
Court
The Victorian Government announced the appointment of
Alexandra Burt, Guillaume Bailin, Kimberley Swadesir and Melissa
Stead to the Magistrates' Court of Victoria (22 September
2020).
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Victoria's homelessness response: Audit
finding
While the audited entities have achieved some positive
outcomes for clients, DHHS does not know whether HRSAP programs are
reducing the incidence and impacts of rough sleeping in Victoria.
The audit made 13 recommendations to DHHS, including six to improve
planning and implementation for future homelessness initiatives (17
September 2020).
More...
Youth justice trial to boost safety and reduce
reoffending
A pilot program to help young people build important life
skills including developing stronger relationships and make better
life choices is now underway in Victorian youth justice centres (16
September 2020).
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In practice and courts
High Court of Australia
High Court of Australia Bulletin [2020] HCAB 06 (14 August
2020).
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.
23/2020, 7 September 2020.
More...
The Electoral Matters Committee is accepting submissions to its
Inquiry into the impact of social media on elections and electoral
administration. Submissions close on 30 September 2020. More...
National Cabinet Meeting, 18 September 2020
The National Cabinet met to discuss Australia's
COVID-19 response, recent progress following the Victorian
outbreak, easing restrictions (including international border
measures), helping Australians prepare to go back to work in a
COVID-safe environment and getting the economy moving again. More...
Supreme Court COVID – Coronavirus
information
24 August 2020 – The Supreme Court of Victoria is
following State and Commonwealth government advice regarding
coronavirus (COVID-19).
More...
Operational updates in response to directions from the
Chief Health Officer
20 August 2020 – Further measures to limit the
movement of people during Stage 4 restrictions.
More...
Law Library of Victoria
Fortnightly bulletin that summarises the latest
legislation and cases for the Victorian jurisdiction, as well as
High Court of Australia cases.
More...
Victoria Legal Aid
(25 August 2020).
More...
COVID-19 resources weekly update
We understand that members are worried about the risks of
COVID-19. Please see the
new health and wellbeing section in our website designed to
answer some questions you may have, point you to government
information websites (25 September 2020).
Published – articles, papers, reports
Department of the Prime Minister and Cabinet (PM&C):
Corporate Plan 2020-24
PMC: The plan sets out six key purposes for the
Department, including Growing the economy, incomes and creating
jobs; Vibrant and resilient regions; Strengthening families and
communities ;Enhancing Australia's international and national
security; Governing well; and Preparing well to respond to critical
issues (10 September 2020).
More...
Corporate Plan 2020-21 sets out OAIC strategic
priorities
OAIC: The Corporate Plan 2020-21 sets out strategic
priorities and key activities (31 August 2020).
More...
Investigation into review of parking fines by the City
of Melbourne
Pursuant to sections 25 and 25AA of the Ombudsman Act 1973
(Vic), I present to Parliament my Investigation into review of
parking fines by the City of Melbourne, 16 September 2020.
Council responded constructively to the investigation. Joint
discussions between the Council and the Ombudsman's office gave
rise to four recommendations pursuant to section 23(2A) of the
Ombudsman Act.
More...
Cases
Glencore Coal Assets Australia Pty Ltd v Australian
Competition Tribunal [2020] FCAFC
145
COMPETITION – applications for review of decision of
the Australian Competition Tribunal (Tribunal) reviewing decision
of the Australian Competition and Consumer Commission
(ACCC) – where ACCC made an arbitration
determination pursuant to s 44S of Competition and Consumer Act
2010 (Cth) (CCA) – where Tribunal conducted
a "re-arbitration" pursuant to s 44ZP of the CCA –
where declared service is the right to access and use monopoly
infrastructure assets at Port of Newcastle
ADMINISTRATIVE LAW – application for judicial review of
decision of Australian Competition Tribunal (Tribunal) by
ACCC– where ACCC made arbitration determination pursuant to s
44S of CCA – where Tribunal conducted a
"re-arbitration" pursuant to s 44ZP of the CCA –
where ACCC sought declaration that Tribunal erred – whether
ACCC can seek review pursuant to s 163A(3) of the CCA.
Anderson v Stonnington Council [2020]
VSCA 229
STATUTORY INTERPRETATION – Subordinate instruments
– subordinate instrument amended to extend heritage overlay
to property while development works in progress – whether
'right' to complete works for purpose of Interpretation of
Legislation Act 1984 s 28(2)(e) – 'Right' to be
identified by reference to instrument – Western
Australian Planning Commission v Temwood Holdings Pty Ltd
[2004] HCA 63; (2004) 221 CLR 30, applied – Resort
Management Services Ltd v Noosa Shire Council [1996] QCA 441;
[1997] 2 Qd R 291, considered – sommon opportunity to take
advantage of absence of regulation not a 'right' –
Robertson v City of Nunawading [1973] VicRp 81; [1973] VR
819, applied – Aasserted right defined imprecisely –
asserted right a mere opportunity – leave to appeal granted
– appeal dismissed
PLANNING AND ENVIRONMENT – existing uses – whether
development works 'use' for purpose of Planning and
Environment Act 1987 s 6(3)(d) – 'Use' does not
extend to development – Nancy Shetland Pty Ltd v
Melbourne and Metropolitan Board of Works (1974)
PRACTICE AND PROCEDURE – application for leave to amend
application for leave to appeal – appeal from decision of
judge of Trial division to dismiss appeal on questions of law from
Tribunal – amendment sought to reintroduce issue withdrawn
before Tribunal – whether in interests of justice to permit
amendment – Medical Practitioners Board v Lal [2009]
VSCA 109; (2009) 23 VR 702, Commissioner of State Revenue v
Mondous (2018) 55 VR 643, applied – proposed amendment
raised confined legal issue – any evidentiary deficiencies to
applicants' disadvantage – leave to amend granted
Davis v Major Transport Infrastructure Authority
(Review and Regulation) [2020] VCAT
965
Freedom of Information Act 1982 – Business Case for
the 'Streamlining Hoddle Street' Project – whether
exempt under s 28(1)(b) as a document prepared for the purpose of
submission for consideration by Cabinet
The deemed decision of the respondent to refuse to release the
Business Case for the 'Streamlining Hoddle Street' Project,
dated 29 January 2016, is affirmed.
Legislation
Commonwealth
Bills
Fair
Work Amendment (One in, All in) Bill 2020
Registered 01 September 2020
This bill will give the Fair Work Commission (FWC)
the power to deal with disputes relating to employee eligibility
for the Jobkeeper payment. This bill extends the FWC's
jurisdiction to deal with disputes about whether an employee is
eligible for the Jobkeeper scheme.
Australia's Foreign Relations (State and Territory
Arrangements) (Consequential Amendments) Bill 2020
House of Representatives Second reading moved 03
September 2020
To prevent "arrangements" with foreign governments that
the government says "adversely affect Australia's foreign
relations or are inconsistent with our foreign policy". This
Bill makes consequential amendments to the Administrative Decisions
(Judicial Review) Act 1977 (ADJR Act) to list the
Foreign Relations Bill as a law to which the ADJR Act does not
apply.
Victorian 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.