In the media
LCA: Put children first, abandon flawed family court
merger
A coalition of domestic violence service providers,
specialist family law and child protection legal assistance
providers, academics and legal practitioners are urging the Federal
Government not to reintroduce the flawed family court merger bills
in the 46th Parliament, warning the merger would hurt – not
help – children and families (18 July 2019).
More...
V4 Telecom warned for inadequate complaints
handling
V4 Telecom failed to tell customers who made contact what
it was doing to restore their services and did not keep complete
records of the complaints. The ACMA may issue infringement notices
or commence civil penalty proceedings in the Federal Court for
non-compliance with the Standard (18 July 2019).
More...
LCA: Artificial Intelligence: Australia's Ethics
Framework
The Department of Industry, Innovation and Science
discussion paper proposed eight 'core principles' for the
ethical use of AI in non-military contexts, and suggested a
supporting 'toolkit' of associated resources and processes.
The Law Council has called for clarity regarding accountability and
liability, and careful consideration implications for public and
private sector applications of AI (16 July 2019).
More...
LCA: Justice for All report
The Taskforce recently delivered its Justice For All
report, identifying global strategies to spearhead progress on
achieving SDG 16.3 (access to justice for all). The report
substantially drew upon the Law Council's own Justice Project
final report amongst other relevant worldwide research and findings
(16 July 2019).
More...
AFP was not attempting to intimidate journalists,
Commissioner says
Outgoing Federal Police Commissioner Andrew Colvin rejects
the claim his officers were attempting to "intimidate"
journalists when they carried out two raids — one on the
headquarters of the ABC and the other on the home of a News Corp
reporter (16 July 2019).
More...
Our scientists just want to do their job': CSIRO
concerned Adani is alleging bias
Emails obtained under freedom of information reveal Adani
demanded the names of all federal agency scientists reviewing its
contentious groundwater plans so it could check if they were
"anti-coal" activists (16 July 2019).
More...
AFP wanted fingerprints of journalists behind ABC
special forces investigation Analysis
The raid on the ABC appears to be part of a new climate in
which journalists and their sources of information are targeted and
receive the sort of treatment previously reserved for criminals,
writes John Lyons (15 July 2019).
More...
Medicare fraud detection program pays dividends
A new sophisticated Medicare fraud detection program
incorporating advanced fraud risk and data analytics capabilities
is already yielding strong results (13 July 2019).
More...
Prosecution for NDIS fraud
The Victorian County Court has sentenced Mohamed Osman
Omar (36), to four years imprisonment, after he pleaded guilty to
defrauding the National Insurance Disability Scheme of more than
$370,000 (11 July 2019). More...
Drone squad assembled in Victoria
Victoria Police has announced that it will create a new
drone unit by the end of August. The unit will have up to 50 drones
to help police with activities such as tracking offenders,
conducting surveillance and assisting with emergency management (10
July 2019).
More...
ACMA reveals telco complaints
The ACMA released its first Telecommunications complaints
handling report. The high level of complaints reported for
voice-only services delivered by telcos over the NBN is of real
concern as they are critical to the most vulnerable in our
community (10 July 2019).
More...
OWP: Israel Folau and the future of free speech
This controversial case has highlighted the conflict
between freedom of religion and freedom of speech in Australia, and
points to some systemic flaws in Australia's constitution to
protect fundamental human rights. Australia is the sole democracy
in the western world who has not enshrined any form of federal
charter of human rights- freedoms enjoyed by citizens are those
dictated by the constitution (05 July 2019).
More...
Encryption laws are creating an exodus of data from
Australia: Vault
We are currently seeing an exodus of data from Australia
including physical, operational, and legal sovereignty. The cloud
provider Vault has called upon the government to create a Data
Sovereignty Policy that mandates all sensitive data hosted in the
cloud be sovereign and for all staff to undergo Australian
clearance vetting, where needed (05 July 2019).
More...
Data Standards Body welcomes initial live use of banking
Product Reference Data standards
The Federal Government's Consumer Data Right
(CDR) regime, which will give Australians greater
control over their own data, is one step closer with the API-based
publication of banking Product Reference Data on 1 July 2019,
developed using CDR standards (04 July 2019).
More...
Individuals who encourage trespass, property damage or
theft on farm land could soon face up to five years jail.
The new criminal offence comes with penalties of up to
five years imprisonment, and follows an earlier move by the
Government to prescribe activist group Aussie Farms under the
Privacy Act – exposing it to potential penalties of up to
$2.1 million if found to be in breach of the Act (05 July 2019).
More...
Industrial reforms introduced into Parliament
The Fair Work (Registered Organisations) Amendment
(Ensuring Integrity) Bill 2019 and the Fair Work Laws Amendment
(Proper Use of Worker Benefits) Bill 2019 have been introduced into
the House of Representatives. The Ensuring Integrity Bill
implements recommendations giving more power and greater
flexibility to the Federal Courts to de-register lawbreaking unions
and take action against certain militant parts of unions and their
officials (04 July 2019).
More...
Govt agencies use data mining to root out
corruption
Data analytics and data mining are helping Victorian
government agencies prevent corruption, a report by the state's
anti-corruption watchdog has found. It found an increasing use of
innovative data analytics to identify anomalies in expenses,
pinpoint suspect gift-giving patterns and even identify potential
links with criminal figures (03 July 2019).
More...
Stronger protections for telecommunications
consumers
Telco consumers will be better protected from financially
over committing themselves and poor sales practices under new
consumer protection rules approved. ACMA Chair Nerida
O'Loughlin said the impact of this is serious, particularly for
those in vulnerable circumstances, leading to financial hardship
and denial of access to critical services (01 July 2019).
More...
Statement On the Progress of the Royal Commission
Progress Report
The Royal Commission into the Management of Police
Informants has provided its Progress Report to the Governor of
Victoria. The report highlights the significance and complexity of
the Commission's task (01 July 2019).
More...
Backing our police to keep the community sa
The new platforms are part of the Labor Government's
Community Safety Statements, and form part of a record $3 billion
investment in Victoria Police and community safety, which is
delivering 3135 new police, stronger laws, better police facilities
and resources (01 July 2019).
More...
APRA publishes guidance on cyber security
The Australian Prudential Regulation Authority has
released updated guidance on managing cyber crime and other
information security risks (01 July 2019).
More...
LCA: Proposed citizenship stripping laws undermine
national security, go 'against grain of our justice
system'
Law Council President, Arthur Moses SC, told the
Independent National Security Legislation Monitor's public
review hearing yesterday the proposed amendments to the
Australian Citizenship Act 2007 (Cth) were not necessary
or proportionate, may leave individuals stateless and inadvertently
weaken national security (28 June 2019).
More...
IBAC: Victorian state government agencies exploring new
ways to detect and prevent corruption
A review released by the state's anti-corruption
commission, IBAC, has found Victorian state government agencies are
increasingly aware of corruption risks and exploring new ways to
detect and prevent corrupt conduct, such as use of data analytics
and the appointment of risk champions (27 June 2019).
More...
APS slides on information publishing
Agencies across the Australian Public Service are going
backwards in their rate of compliance with the open-Government
requirements of the Information Publication Scheme (27 June 2019).
More...
State Trustees failed some of Victoria's most
vulnerable people: Ombudsman
Victorian Ombudsman Deborah Glass found State Trustees had
failed some of the most vulnerable people in Victoria. The agency
manages the finances of around 10,000 Victorians who are unable to
look after their own affairs due to disability, illness or injury
(27 June 2019).
More...
LCA: Commonwealth, states and territories must lift
minimum age of criminal responsibility to 14 years, remove doli
incapax
Every Australian jurisdiction should lift the minimum age
of criminal responsibility to 14 years to improve justice outcomes
for vulnerable children and remove the need for the fraught doli
incapax presumption, according to the Law Council (26 June 2019).
More...
In practice and courts
High Court of Australia
High Court of Australia Bulletin [2019] HCAB 5 (8 July
2019)
Commonwealth Ombudsman: Private Health Insurance
Ombudsman's statement about pre-existing conditions
complaints
Although the Private Health Insurance Ombudsman
investigates in private and does not comment on individual matters,
the Office notes the recent media coverage about private health
insurers and pre-existing condition complaints, and provide some
background information about their role (11 July 2019).
More...
AAT Bulletin
Issue No. 28/2019
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 (15 July
2019).
More...
ANAO Performance audit in-progress: Defence's
management of its public communications and media activities
Due to table: December, 2019: The objective of this audit
is to assess the effectiveness and appropriateness of the
Department of Defence's management of its public communications
and media activities.
More...
Current Senate Inquiries - Legal and Constitutional Affairs Legislation Committee
Criminal Code Amendment (Agricultural Protection) Bill
2019 [Provisions]
The bill would amend the Criminal Code Act 1995
to introduce two new offences relating to the use of a carriage
service to incite trespass, property offences, or other offences on
agricultural land. On 4 July 2019 the Senate referred the
provisions of the Criminal Code Amendment (Agricultural Protection)
Bill 2019 to the Legal and Constitutional Affairs Legislation
Committee for inquiry and report by 6 September 2019. The deadline
for submission to the inquiry is 31 July 2019.
More...
Current Senate Inquiries - Finance and Public Administration Legislation Committee
Ministers of State (Checks for Security Purposes) Bill
2019
On 4 July 2019, the Senate referred the Ministers of State
(Checks for Security Purposes) Bill 2019 for inquiry and report by
11 November 2019. The closing date for submissions is 23 August
2019.
More...
Victoria
OVIC: Agency reporting obligations - August 2019
Reporting
While OVIC analyses these submissions, your agency's
protective data security obligations under the Framework remain
unchanged. This includes reporting obligations under Standard 12.
Agencies must submit their 2019 attestation to OVIC by the 30th of
August, 2019. For more information about the August 2019 reporting
requirements, please see the
letter from the Victorian Information Commissioner to agencies
Option 1 – Single Organisation 2019 Attestation Template
and
Option 2 – Multiple Organisation 2019 Attestation
Template.
VICBAR: Equitable Briefing Policy Reporting
2018-19
The 2018-2019 financial year has recently ended, and
annual reports of briefing entities who have adopted the Law
Council's Equitable Briefing Policy are due by 30 September
2019. The
Equitable Briefing Policy Reporting Template and Guidelines
provide information on the reporting requirements and the reporting
template (12 July 2019).
VLRC: Reform of committals system: VLRC calls for
submissions
The Victorian Law Reform Commission is calling for
submissions to a review that could lead to important changes to the
state's committals system. Options under consideration include
reforming the process or abolishing committals completely. Visit
the website to
download the issues paper and make a submission. The Commission is
consulting widely during July and August, and submissions are open
until 16 August 2019 (12 July 2019).
Victoria Parliament Consultations
Inquiry into the Conduct of the 2018 Victorian State
Election
The Committee is inviting people to submit their views on
how the election was conducted and suggestions on how things could
be improved. Issues to be examined include enrolling, being a
candidate and voting. Submissions close on 30 August 2019. More...
Inquiry into the Impact of Animal Rights Activism on
Victorian Agriculture
The Legislative Council's Economy and Infrastructure
Committee has commenced a public inquiry into the impact of animal
rights activism on Victorian agriculture. The Committee is inviting
written submissions by 2 August 2019 and will then conduct public
hearings. More...
AHRC: Commission calls for public submissions
The AHRC has released an issues paper for 'Free and
Equal': An Australian conversation on human rights and has
called for public submissions. Submissions are open until 12 July
2019. See the
terms of reference, and
issues paper.
More...
Tabled Parliament Reports
Royal Commission into the Management of Police
Informants - Progress Report
Tabled 01 July 2019 – The Commission will deliver
its final report on 1 July 2020, including recommendations to
ensure that any future use of human sources bound by obligations of
confidentiality or privilege is robust and effective, and supports
the continued integrity of Victoria's criminal justice system.
More...
Victoria Parliament Consultations
Inquiry into the Conduct of the 2018 Victorian State
Election
The Committee is inviting people to submit their views on
how the election was conducted and suggestions on how things could
be improved. Issues to be examined include enrolling, being a
candidate and voting. Submissions close on 30 August 2019. More...
Inquiry into the Impact of Animal Rights Activism on
Victorian Agriculture
The Legislative Council's Economy and Infrastructure
Committee has commenced a public inquiry into the impact of animal
rights activism on Victorian agriculture. The Committee is inviting
written submissions by 2 August 2019 and will then conduct public
hearings. More...
Indexed Notice 2019-2020
With new Indexation Rule r 111A of the Uniform General
Rules commencing from 1 July 2019 in Uniform Law States, the Legal
Services Council has released the
Indexed Amounts Notice advising the indexed amounts that will
apply to $10,000 ($10,685), $100,000 ($106,835) and $25,000
($26,710) referred to in the Uniform Law from 1 July 2019 to 30
June 2020.
More...
VLRC- Contempt of Court - Release of Consultation
Paper
The Commission's consultation paper on contempt of
court was published online on the Commission's website together
with a summary document.
More...
Published – articles, papers, reports
Opinion Piece: Leaving our security threats offshore may
not be smart: citizens suspected of terrorist activities abroad
should face the full force of Australian law
Opinion Piece by Law Council of Australia President,
Arthur Moses SC –The Australian, 16 July 2019
If Australian citizens break our laws, break their bond to this
country, or threaten our safety or values, then they should feel
the full force of our rules. Passing legislation that puts security
risks outside of the reach of these rules — and serves as a
get-out-of-jail-free card — is unwise, ill-considered and
does not protect the public interest.
More...
Paper tsunami: how the move to digital medical records
is leaving us drowning in old paper files
Gillian Oliver, Peter Bragge; The Conversation: 10 July
2019
What to do with our old paper medical files now that records are
going digital? As a recent Brisbane case demonstrates, not all
files are heading straight for destruction. More...
Commonwealth fraud investigations 2016–17
Penny Jorna, Russell G. Smith; Australian Institute of
Criminology: 05 July 2019
The Australian government is committed to tackling fraud against
the Commonwealth by supporting research into the extent of the
problem and promoting the development and use of fraud control
practices to reduce risks and to detect and deal with fraud in a
timely and effective manner. More...
Cyber Resilience of Government Business Enterprises and
Corporate Commonwealth Entities
ANAO: 04 July 2019
The objective of this audit was to assess the effectiveness of the
management of cyber security risks by three government business
enterprises or corporate Commonwealth entities. The entities
selected for audit are ASC Pty Ltd, the Australian Postal
Corporation and the Reserve Bank of Australia.
More...
Annual Plan 2019–20
VAGO: Tabled: 27 June 2019
The annual plan is a key accountability mechanism that gives
Parliament, the public sector and the Victorian community the
opportunity to assess our goals and understand our audit
priorities.
More...
National Disability Insurance Scheme Fraud Control
Program
ANAO: 25 June 2019
The objective of this audit was to examine the effectiveness of the
National Disability Insurance Agency's fraud control program
and its compliance with the Commonwealth Fraud Control Framework.
More...
Accountability, transparency and diversity – the
importance of an independent tribunal appointment process
Arthur Moses, resident, Law Council of Australia: COAT
Annual Conference 2019
The Rule of Law demands the independence of tribunals. Yet
maintaining the appearance of independence is equally crucial to
promote public trust and confidence in tribunal members and their
decision-making. In an age of transparency, this presentation will
consider three contemporary challenges to the appearance of
independence of modern tribunals. More...
ALRC: Where next for law reform
In May and June 2019, the ALRC held four seminars on the
future of law reform in conjunction with the Law Schools at UNSW,
ANU and Melbourne University. To find out more about each seminar
you can read a short summary (28 June 2019).
More...
Australian Bureau of Statistics
27 June 2019
Recorded Crime - Victims, Australia, 2018 (cat no. 4510.0)
Cases
Decmil Group and Department of Industry, Innovation and
Science (Freedom of information) [2019] AICmr
50
Freedom of Information — Whether reasonable steps
taken to locate documents — Whether documents contain
deliberative matter prepared for a deliberative purpose —
Whether disclosure would have a substantial adverse effect on the
proper and efficient conduct of the operations of an agency —
Whether contrary to public interest to release conditionally exempt
documents — (CTH) Freedom of Information Act 1982 ss
11A(5), 24A, 47C, 47E
Dundar v Bas Brothers [2019] VSC
469
JUDICIAL REVIEW — Accident compensation —
Medical Panel Review — Opinion on medical questions —
Whether Panel's reasons were adequate — Whether Panel
failed to take into account relevant considerations — Whether
Panel's decision was irrational and/or illogical —
Richter v Driscoll (2016) 51 VR 95 — Accident
Compensation Act 1985 s 93C(1)(a) — Workplace Injury
Rehabilitation and Compensation Act 2013 ss 3, 274, 302, and
313(3).
Tucker v State of Victoria [2019]
VSC 420
EMPLOYMENT – Construction of employment contract
– Whether letter of offer formed part of contract –
Toll FGCT Pty Ltd v Alphapharm Pty Ltd [2004] HCA 52; (2004) 219
CLR 165 – Whether a term of an enterprise agreement was
incorporated into contract by reference – Whether failure to
provide materials and particulars concerning workplace
investigations a breach of employment contract or Public
Administration Act 2004 s 20(3) – Whether investigation
framed allegations so as to shift the onus of proof onto
employee.
STATUTORY INTERPRETATION – Applicable principles –
Construction of Publi Administration Act 2004 ss 8, 20(3)
— Whether s 8 imposes an obligation to comply with processes
established under it – Whether failure to follow a process
established pursuant to s 8 is a breach of s 20(3) of that Act
– Quinn v Overland [2010] FCA 799.
PRACTICE AND PROCEDURE – Pleadings – Amendment
principles – Whether it is necessary to expressly plead a
statutory provision pursuant to Supreme Court (General Civil
Procedure) Rules 2015 r 13.02(1)(b)
Chairperson of the Royal Commission into the Management
of Police Informants v Chief Commissioner of Victoria
Police [2019] VSCA
154
CRIMINAL LAW – Suppression orders –
Application by chairperson of the Royal Commission into Management
of Police Informants to vacate or vary suppression orders –
Whether continuation of orders necessary – Whether without
order risk to safety unacceptable – Revocation of suppression
orders would increase risk – Suppression orders varied to
permit disclosure to and by the Royal Commission in accordance with
Inquiries Act 2014 and the Witness Protection Act
1991 – AB v CD [2019] VSCA 28, AB v CD; EF v CD [2019]
HCA 6 applied – Open Courts Act 2013 (Vic) ss 15, 18
– Witness Protection Act 1991 (Vic) ss 10(5), 10(7),
10A – Inquiries Act 2014 (Vic) ss 12, 17, 18, 21,
24, 26, 34.
CRIMINAL LAW – Witness protection – Authorisation of
disclosure – Applicable legislation should be applied –
Authorisation as sought unwarranted – Witness Protection
Act 1991 (Vic) ss 10(5), 10(7), 10A – Inquiries Act
2014 (Vic) ss 18, 34. PRACTICE AND PROCEDURE –
Declaration sought – No relevant controversy –
Application dismissed.
Johnston v DHHS [2019] VSC
431
JUDICIAL REVIEW — Accident compensation —
Medical Panel Review — Opinion on medical questions —
Whether Panel exceeded its jurisdiction — Whether Panel
failed to ask and answer the right question — Whether Panel
failed to take into account relevant considerations — Whether
Panel misunderstood the evidence before it — Workplace
Injury Rehabilitation and Compensation Act 2013 ss 3, 284,
302, and 304.
Kheir v Robertson & Ors
[2019] VSC 422
ADMINISTRATIVE LAW – Application for judicial review
of a decision of the delegate of the Secretary to the Department of
Justice and Regulation refusing an application for emergency
management days – Whether plaintiff denied procedural
fairness – Whether decision of delegate tainted by
apprehended bias – Whether delegate gave inadequate reasons
– Whether delegate failed to take relevant considerations
into account – Whether delegate took irrelevant
considerations into account – Whether decision unlawfully
delayed – Whether rights under Charter breached –
Application dismissed – Charter of Human Rights and
Responsibilities Act 2006 ss 21, 22, 39 –
Corrections Act 1986 ss 6, 8, 58E – Supreme Court
(General Civil Procedure) Rules 2015 Order 56.
Singleton v Victorian Building Authority
[2019] VSC 416
JUDICIAL REVIEW – Mandamus – Defective
domestic building work certified by building surveyor –
Allegations against builder and building surveyor referred by
authority to Building Practitioners Board – Powers of
authority as to disciplinary action against building surveyors
– Whether court will grant mandamus against authority –
Where power is discretionary – Where relevant building
surveyor has been dealt with by the relevant authorities –
Where disciplinary actions are pending appeal in VCAT – No
proper basis to grant mandamus requiring authority to take further
disciplinary action – Building Legislation Amendment
(Consumer Protection) Act 2016 (Vic) pt 3 div 2 –
Building Act 1993 (Vic) ss 76, 171(d), 179, 182, 183(1),
205M, 205N, 241(7).
Mailton Holdings Pty Ltd v Jussy
[2019] VSC 421
ADMINISTRATIVE LAW – Judicial review – Opinion
of a Medical Panel – Panel found that worker's physical
injuries had resolved, but that worker had somatic symptom
disorder, a psychiatric injury – Whether Panel gave genuine
consideration to worker's credit – Whether Panel's
opinion grossly illogical or irrational – Whether Panel's
reasons adequate – No error established – Proceeding
dismissed – Workplace Injury Rehabilitation and
Compensation Act 2013 (Vic) ss 274, 302, 313.
Bazouni v State of Victoria & Ors
[2019] VSC 407
ADMINISTRATIVE LAW – Judicial review – Medical
panel – Whether panel misconstrued s 28LL(3) of the
Wrongs Act 1958 – Whether decision of panel legally
unreasonable – Whether plaintiff denied procedural fairness
– Certiorari granted – Mandamus granted – Supreme
Court (General Civil Procedure) Rules 2015 Order 56 –
Wrongs Act 1958 ss 28LE, 28LF, 28LI, 28LL, 28LZG.
Poulpack Pty Ltd v Noumouski
[2019] VSC 395
ADMINISTRATIVE LAW – Application by an employer
seeking to quash the determination of a medical panel in relation
to a worker's injury under the Workplace Injury
Rehabilitation and Compensation Act 2013 (Vic) – Where
parties agreed that the medical panel's opinion was affected by
error on the face of the record, such that the relief of certiorari
should be granted on the basis of inconsistencies between the
opinion and the reasons – Whether the decision of the medical
panel should be quashed in its entirety or only partially –
Severance of answers to medical questions available – Calleja
Nominees Pty Ltd & Anor v Dr Chris Grant & Ors [2008] VSC
597, referred to answers to questions concerning capacity bound up
with inconsistent answers regarding injuries – Nothing in the
medical panel's findings indicate that the re-determination of
medical questions should be remitted to a differently constituted
panel – Vegco Pty Ltd v Gibbons [2008] VSC 363 applied
– Morrison v Melbourne Pathology Pty Ltd [2018] VSC
477, referred to.
Mulder v Victorian Workcover Authority - WorkSafe
Victoria (FOI) (Review and Regulation) [2019]
VCAT 970
Review and Regulation List – Freedom of
Information – request for access to applicant's WorkCover
file – one document in dispute – email in
applicant's file with a third party's name in the subject
line – email partially released with third party's name
redacted – third party a WorkCover claimant with an unrelated
claim – disclosure of third party's name an unreasonable
disclosure of personal affairs information – Freedom of
Information Act 1982 (Vic) s 33(1).The decision of the
respondent is affirmed.
Legislation
Enhancing
Online Safety (Protecting Australians from Terrorist or Violent
Criminal Material) Legislative Rule 2019
15/07/2019 – This rule provides for the eSafety
Commissioner to exercise powers under relevant legislation to take
action, where required, to reduce Australian internet users'
exposure to material that promotes, instructs or incites in matters
of terrorist acts or violent crimes.
Freedom of Information Act 1982
01/07/2019 - Act No. 3 of 1982 as amende
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.
