In the media
Law Council backs push for increase to minimum age
of criminal responsibility
The Law Council of Australia has welcomed the introduction
of legislation to Federal Parliament, which seeks to increase the
minimum age of criminal responsibility for Commonwealth offences to
14 years. The Bill is consistent with Law Council policy and
recognises Australia's international obligations under the
United Nations Convention on the Rights of the Child (14 October
2019).
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OAIC: Consultation opens on draft privacy rules
The OAIC is seeking feedback over its draft Privacy
Safeguard Guidelines. The planned rules apply to the Consumer Data
Right (CDR) regime, which aims to provide
Australians with greater choice and control over how their data
will be used and disclosed. The CDR scheme will be rolled out in
February, starting with the banking sector. Closing date for
submissions is November 20.
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AAT Reporting on our performance
Our Annual Report 2018–19 is now available (22
October 2019). 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.
42/2019 (21 October 2019).
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Legal and Constitutional Affairs Legislation
Committee
New Native
Title Legislation Amendment Bill 2019
Customs
Amendment (Product Specific Rule Modernisation) Bill 2019
[Provisions]
Crimes
Legislation Amendment (Sexual Crimes Against Children and Community
Protection Measures) Bill 2019 [Provisions]
Legal and Constitutional Affairs References
Committee
Impact
of changes to service delivery models on the administration and
running of Government programs
Nationhood,
national identity and democracy
ACMA: The form of records kept by broadcasters
We've decided to update the instrument that sets out
the form of the records broadcasters need to keep. Consultation
closes 8 November 2019 (10 October 2019).
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Cyber security strategy
The new strategy will build on the foundations of the 2016
Cyber Security Strategy.
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IPC NSW: Media companies in a united call for Right to
Know
Some of the nation's media companies have censored
their own front pages in a united call for greater media freedom
and upholding their right to know. The Your Right to Know campaign
will be accompanied by radio and television advertising across the
country (21 October 2019).
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Amendments to the NCAT Rules
Changes to the
Civil and Administrative Tribunal Rules 2014 (NCAT Rules) came
into effect on 11 October 2019. The following NCAT resources have
been updated to reflect these amendments:
NCAT Guideline 1 - Internal Appeals [PDF 218kB] and
NCAT Policy 4 - Access to, and Publication of, Information Derived
from Proceedings in the Tribunal [PDF 97kB] (15 October 2019).
More...
Decisions of interest: Practice support
The NSW Court of Appeal has published its latest Decisions
of Interest Bulletin on the Court of Appeal website
(24 October 2019).
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Report tabled - Right to Farm Bill 2019
Legislative Council Portfolio Committee No. 4 has
published its
final report arising out of its inquiry into the Right to
Farm Bill 2019. The report refers extensively to the
association's submission to the inquiry and the evidence
given on its behalf at the committee hearing by Naomi Sharp SC,
co-chair of the Human Rights Committee (21 October 2019).
Published - articles, papers, reports
CDPP 2018-19 Annual Report
The 2018-19 CDPP Annual Report was tabled in Parliament on
Monday, 21 October 2019. More...
Commonwealth Auditors General Group e-newsletter (Issue
2 — September 2019)
This is the second e-newsletter of the Commonwealth Auditors
General Group. These e-newsletters are a genuine effort to share
experiences, challenges and engage in thought-provoking discussions
on topics which are common to the fifty-three member countries of
the Commonwealth (24 October 2019).
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A model code for the protection of freedom of speech and
academic freedom in Australian higher education providers
French Review Model Code Implementation Group; University
of Sydney: 23 October 2019
The report outlines how former Chief Justice, the Hon Robert
French's model code for the protection of freedom of speech and
academic freedom can be adopted by the University of Sydney by
amending its current Charter of Academic Freedom. More...
Why the government's proposed facial recognition
database is causing such alarm
The Conversation, October 25, 2019 Sarah Moulds, Lecturer
of Law, University of South Australia
Since before the 2019 election, the Morrison government has been
keen to introduce a new scheme that would allow government
agencies, telecos and banks to use facial recognition technology to
collect and share images of people across the country.
More...
Australia needs a Media Freedom Act. Here's how it
could work
The Conversation, October 23, 2019 Rebecca Ananian-Welsh,
TC Beirne School of Law, UQ
A Media Freedom Act could serve three key roles, making it an
appropriate and advantageous option in the protection of national
security, press freedom and democracy.
More...
Guide to health privacy
Office of the Australian Information Commissioner: 16
October 2019
The guide outlines the key practical steps that health service
providers should take to embed good privacy in their practice. In
addition, the guide outlines how key privacy obligations apply to
and operate in the healthcare context. This guide has been written
to help health services providers — from doctors and private
sector hospitals, through under the Privacy Act 1988, and embed
good privacy in their practice.
More...
Cases
Zonnevylle v NSW Department of Justice
[2019] NSWCATAD 215
ADMINISTRATIVE REVIEW – Government Information
(Public Access) – decision that application not a valid
access application because one clause did not contain such
information as was reasonably necessary to enable the government
information applied for to be identified – whether failure to
provide sufficient information in one severable portion of an
application renders the whole application not a valid access
application – application may be valid in part and invalid in
part
Fox v Heffernan [2019] NSWCATAD
217
ADMINISTRATIVE LAW – impounding of trespassing
cattle on private lands by owner – review of appropriate
charge for impound under s 38(2) of the Impounding Act 1992 –
charge found to be excessive.
DXD v NSW Department of Justice
[2019] NSWCATAD 214
ADMINISTRATIVE LAW – privacy and personal
information – review of conduct – jurisdiction -whether
conduct under review relates to the exercise of a judicial
function
Ramadas v Industrial Relations Secretary
(Legal Aid Commission of NSW) [2019] NSWIRComm 1075
PUBLIC SECTOR DISCIPLINARY APPEAL – first and
final warning – allegations of misconduct – failure to
comply with a lawful and reasonable direction – making
vexatious allegations against work colleagues – misconduct
struck at the heart of the employment relationship –
termination of employment warranted – appeal disallowed
Bryant v Shoalhaven City Council
[2019] NSWCATAD 209
FREEDOM OF INFORMATION – government information
– whether information held by agency – no reasonable
grounds that information is held
Legislation
Regulations and other miscellaneous instruments
Crimes
(Administration of Sentences) Amendment (Use of Force) Regulation
2019 (2019-515) — published LW 25 October 2019
Road
Transport (Driver Licensing) Amendment (Digital Driver Licences)
Regulation 2019 (2019-517) — published LW 25 October
2019
Bills introduced Government – 25 October
2019
Justice Legislation Amendment Bill (No 2) 2019
Non-Government – 25 October 2019
Child Protection (Nicole's Law) Bill 2019
Liquor Amendment (Harm Reduction Areas) Bill 2019
Bills revised following amendment in Committee –
25 October 2019
Gambling Legislation Amendment (Online and Other Betting) Bill
2019
Bills introduced Government – 18 October
2019
Electoral Funding Amendment (Cash Donations) Bill 2019
Electoral Funding Amendment (Local Government Expenditure Caps)
Bill 2019
Statute Law (Miscellaneous Provisions) Bill (No 2) 2019
Non-Government – 18 October 2019
Government Information (Public Access) Amendment (Electronic
Applications) Bill 2019
Bills revised following amendment in Committee –
18 October 2019
Right to Farm Bill 2019
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.
