In the media
COVID-19 close contact quarantine rules to be relaxed
after national cabinet decision
National cabinet agrees to transition away from doing PCR
tests for people who only have mild respiratory symptoms or
illness. If the AHPPC agrees with the plan, people who do have mild
symptoms will be encouraged to voluntarily self-isolate (11 March
2022).
More...
Public inquiry into corruption allegation concerning
former RMS employees resumes 21 March
Operation Paragon is examining an allegation that, between
2009 and June 2019, Mr Dubois and Mr Steyn partially and/or
dishonestly exercised their official functions by awarding in
excess of $41 million in RMS contracts, to companies with which
they were associated, in exchange for receiving benefits (11 March
2022).
More...
New measures for the Skilled-Recognised Graduate visa,
Training visa and COVID-19 Pandemic Event visa
Eligible visa holders who were outside of Australia at any
time between 1 February 2020 and 14 December 2021 while holding a
Skilled-Recognised Graduate visa will have their visa extended
until April 2024. This allows eligible visa holders an extra six
months to travel to or remain in Australia (7 March 2022).
More...
Mal Lanyon appointed Northern NSW flood recovery
coordinator
The decision to make the appointment to substantially
boost the state's flood recovery coordination was made after
the Premier, Deputy Premier and Minister for Emergency Services and
Resilience spent much of the last week visiting Northern Rivers
communities, gaining first-hand experience of the scale and size of
the recovery effort required (8 March 2022).
More...
COVID lease protections extended for small business
tenants
Small businesses doing it tough due to COVID-19 are set to
benefit from further NSW Government support following a decision to
extend mediation protections under the commercial leasing
regulation until 30 June 2022 (7 March 2022).
More...
Media release – Australian Information
Commissioner approves variation to the Privacy (Credit Reporting)
Code 2014
On 10 March 2022 The Australian Information Commissioner
approved an application to vary the Privacy (Credit Reporting) Code
2014. The approval of this variation application follows
significant engagement with key consumer representatives, members
of industry and government and between ARCA and Office of the
Australian Information Commissioner (10 March 2022).
More...
Policy to improve equity in legal profession achieves
key target
"The Law Council of Australia launched the Equitable
Briefing Policy in 2016 and a key target was to have women
barristers briefed in at least 30 per cent of all matters by 1 July
2020. Data released shows this objective has been achieved, with 31
per cent of briefs going to women barristers as at the end of the
2019–2020 financial year," Law Council of Australia
President, Mr Tass Liveris revealed (7 March 2022).
More...
NSW Treasury, Department of Customer Service to merge
cyber security teams
NSW Treasury will merge its cyber security team with that
of the Department of Customer Service (DCS), in a
bid to ensure the central agency benefits from upgrades being
delivered by DCS. Last year, a parliamentary inquiry recommended
that Cyber Security NSW move from DCS to Treasury to give it
greater clout, which the NSW government later rejected (10 March
2022).
More...
NSW Electoral Commission gets $4.8m to secure IT
systems
The NSW Electoral Commission has secured $4.8 million to
perform the most urgent cyber security upgrades to the state's
electoral systems, after its last three proposals for funding were
knocked back (10 March 2022).
More...
Watchdog pack to tackle digital platforms
Australia's online, privacy, media, competition and
consumer regulators have formed an alliance to share information
and collaborate on how to best keep digital platform companies in
check, amid growing government interventions (11 March 2022).
More...
PM and Albo emphasise cybersecurity as a matter of
national security
Prime Minister Scott Morrison has unveiled plans to expand
the defence force by 30 per cent with a specific focus on cyber
positions, while Opposition Leader Anthony Albanese has also
pledged to increase defence spending and will prioritise
cybersecurity with a dedicated minister (10 March 2022).
More...
In practice and courts
Commonwealth
AAT Bulletin Issue No. 5/2022 – 7 March 2022
The AAT Bulletin is a fortnightly publication containing
information about recently published decisions and appeals against
decisions in the AAT's General, Freedom of Information,
National Disability Insurance Scheme, Security, Small Business
Taxation, Taxation & Commercial and Veterans' Appeals
Divisions. Read more
here.
Investigations into Commissioner of Taxation's
General Power of Administration (GPA) and Remedial Power
(CRP)
The Taxation Committee of the Business Law Section of the
Law Council of Australia provided a public submission in respect of
both the investigations into the GPA and CRP. Read more
here.
Appointment to the Federal Court of Australia
Justice McEvoy has been appointed to the Victorian
Registry to replace the Hon Justice Jennifer Davies following her
retirement on 1 April 2022. Justice McEvoy has been a Judge of the
Federal Circuit and Family Court of Australia (Division 1)
(formerly the Family Court of Australia) since 2019 and a Deputy
President of the Administrative Appeals Tribunal since 2020. Read
more
here.
NSW
Supreme Court of NSW Court of Appeal Decisions Reserved as
at 11 March 2022. Read more
here.
Published – articles, papers, reports
Overseas Students Ombudsman quarterly update: 1 October
– 31 December 2021
When delivering education products and services for
overseas students, education providers are responsible for treating
students fairly and reasonably and acting consistently with
relevant legislation and national standard. During the period from
1 October to 31 December 2021, the Office finalised 46 complaint
investigations, covering 66 issues. Read more
here.
Guidance for complaint handlers on dealing with risks of
harm – Better Practice Guide
Complaint handlers may potentially find themselves dealing
with someone who is considering self-harm, suicide, or harming
someone else. These guidelines provide practical suggestions to
give complaint handlers confidence in dealing with these situations
and advice on processing the event afterwards. Read more
here.
DP-REG joint public statement
To support a streamlined and cohesive approach to the
regulation of digital platforms, the Australian Communications and
Media Authority, the Australian Competition and Consumer
Commission, the Office of the Australian Information Commissioner,
and the Office of the eSafety Commissioner together formed the
Digital Platform Regulators Forum (DP-REG). DP-REG
has developed a terms of reference document that further outlines
the purpose and goals of the group. Read more
here.
Cases
Commonwealth
Campbell v Northern Territory of
Australia [2022] FCAFC
37
STATUTORY INTERPRETATION – whether limitation on
isolating detainee in cell under Youth Justice Regulations 2006
(NT) applied to detainee transferred to a prison under Youth
Justice Act 2005 (NT) – application of statutory limitations
period to commence proceedings for acts or omissions of officials
– appeal dismissed.
PRACTICE AND PROCEDURE – application for leave to file notice
of contention – whether appellant precluded from instituting
appeal by virtue of releases in deed of settlement – doctrine
of merger – leave to file notice of contention refused.
NSW
Frankcom v Commissioner of Corrective
Services [2022] NSWSC
225
ADMINISTRATIVE LAW – ground of review other than
procedural fairness – error of law – statutory
construction – construction of s 276 of the Crimes
(Administration of Sentences) Act 1999 (NSW) – construction
of "risk to public health" – whether duty to accord
procedural fairness – whether duty to receive submissions
– whether duty to complete statutory task once statutory task
embarked upon.
ADMINISTRATIVE LAW – antecedent and substantive decisions in
relation to exercising power under s 276 of the Crimes
(Administration of Sentences) Act 1999 (NSW) – whether
reasonable basis for antecedent decision – whether
impermissible gloss or gateway imposed in relation to substantive
decision.
Secretary NSW Department of Education v The Australian
Education Union New South Wales Teachers Federation
Branch [2022] NSWSC
263
EMPLOYMENT AND INDUSTRIAL LAW – industrial disputes
– industrial action – dispute orders – Industrial
Relations Act (1996) (NSW) (the Act) –
statutory scheme – statutory interpretation – objects
of the Act – maximum penalty – construction of s 139(4)
of the Act – industrial organisation – history of the
industrial organisation – Federation registered as industrial
organisation – whether different legal species of
organisation than its predecessor – validity of dispute
orders – whether validity of dispute orders can be the
subject of collateral attack in enforcement proceedings –
whether dispute orders required the Federation to do something it
cannot do – procedural fairness – notice of members of
Federation – members not notified of the dispute orders
– whether dispute orders were manifestly ambiguous and
unclear – contravention of dispute orders – whether
multiple separate contraventions of dispute orders – whether
dispute orders imposed separate and distinct obligations on the
industrial organisation – single course of conduct –
assessment of penalty – sentencing principles – prior
contraventions as a factor in sentencing – principle of
totality – objective factors – nature and extent of
contravening conduct – seriousness of conduct –
deliberateness of conduct – loss and damage caused –
circumstances of contravention – previous breach of dispute
orders – general deterrence – specific deterrence
– subjective factors – orders.
McGufficke v Commissioner for Fair
Trading [2022] NSWCATAD
84
ADMINISTRATIVE LAW – Owner Building Permit –
s32(1A) Home Building Act – special circumstances –
dual occupancy.
EEH v Insurance & Care NSW
[2022] NSWCATAD 82
ADMINISTRATIVE LAW – administrative review of
conduct under the Privacy and Personal Information Protection Act
1998 – access to personal information and health information
– scope of conduct the subject of review – excessive
delay – factors relevant to determining information provided
with excessive delay – whether exception applies.
Legislation
Commonwealth
Acts compilation
Offshore
Petroleum and Greenhouse Gas Storage (Regulatory Levies) Act
2003
11 March 2022 – Act No. 117 of 2003 as amended.
Insurance
Act 1973
11 March 2022 – Act No. 76 of 1973 as amended.
Income
Tax Assessment Act 1936
10 March 2022 – No 27. of 1936 as amended.
Federal
Circuit and Family Court of Australia Act 2021
10 March 2022 – No. 12 of 2021 as amended.
Superannuation
(Unclaimed Money and Lost Members) Act 1999
9 March 2022 – No. 127 of 1999 as amended.
Life
Insurance Act 1995
9 March 2022 – No. 4 of 1995 as amended.
Superannuation
Act 1976
9 March 2022 – No. 31 of 1976 as amended.
National
Consumer Credit Protection Act 2009
9 March 2022 – No. 134 of 2009 as amended.
Australian
Defence Force Superannuation Act 2015
8 March 2022 – No. 119 of 2015 as amended.
Family
Law Act 1975
8 March 2022 – No. 53 of 1975 as amended.
Veterans'
Entitlements Act 1986
8 March 2022 – No. 27 of 1986 as amended.
Social
Security (Administration) Act 1999
8 March 2022 – No. 191 of 1999 as amended.
Superannuation
Guarantee (Administration) Act 1992
8 March 2022 – No. 111 of 1992 as amended.
Superannuation
Industry (Supervision) Act 1993
8 March 2022 – No. 78 of 1993 as amended.
Income
Tax Rates Act 1986
7 March 2022 – No. 107 of 1986 as amended.
Taxation
Administration Act 1953
7 March 2022 – No. 1 of 1953 as amended.
National
Consumer Credit Protection (Transitional and Consequential
Provisions) Act 2009
7 March 2022 – No. 135 of 2009 as amended.
Members
of Parliament (Staff) Act 1984
3 March 2022 – No. 64 of 1984 as amended.
Bankruptcy
Act 1966
3 March 2022 – No. 33 of 1966 as amended.
Foreign
Acquisitions and Takeovers Act 1975
3 March 2022 – No. 92 of 1975 as amended.
Disability
Discrimination Act 1992
3 March 2022 – No. 135 of 1992 as amended.
NSW
Regulations
Fair
Trading Amendment (Commercial Agents) Regulation 2022
(2022–65) – LW 4 March 2022.
Legal
Profession Uniform Conduct (Barristers) Amendment Rule 2022
(2022–76) – LW 4 March 2022.
Retail and Other Commercial Leases (COVID-19) Amendment Regulation
2022 (2022–66) – LW 4 March 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.
