In the media
No blanket exception for private schools to expel kids
for their sexuality exists – and nor should there be
No blanket exception to anti-discrimination laws currently
exists to allow private schools to expel students on the basis of
their sexual orientation or gender identity – and no such
exemption should ever be introduced, according to the Law Council
of Australia (12 October 2018).
More...
High Court asked whether bans on protesting near
abortion clinics are unconstitutional
The High Court hears laws banning anti-abortion
campaigners from protesting near clinics where terminations are
offered go too far, and target lawful and peaceful protests (09
October 2018).
More...
Grant to help young offenders get back on track
The program will offer restorative justice circles for
first time offenders referred by police, schools or youth workers
to help build on the offender's positive relationships, repair
harm caused by the offence and address negative behaviours (09
October 2018).
More...
Telstra breaches priority assistance obligations
The ACMA has directed Telstra to commission an independent
audit of compliance with its priority assistance obligations for
customers with life-threatening medical conditions. Telstra must
also implement a range of systems, processes and reporting to
assure the future reliability and effectiveness of priority
assistance (08 October 2018).
More...
New Race Discrimination Commissioner
Australia's new Race Discrimination Commissioner will
take up the position on Monday, 8th October 2018. Mr Chin-Leong Tan
has been appointed to the position for a term of five years (05
October 2018).
More...
Terms of Reference – Royal Commission into Aged
Care Quality and Safety
The LCA has welcomed the Australian Government's
decision to establish a Royal Commission into Aged Care Quality and
Safety (the Royal Commission). The decision to
consult with the community, including residents, their families and
aged care providers, prior to settling the Royal Commission's
detailed Terms of Reference, was also welcomed (04 October 2018).
More...
Review of the Family Law System Discussion Paper
released
The Australian Law Reform Commission
(ALRC) today released a Discussion Paper,
Review of the Family Law System (DP
86), and is calling for comments and
feedback on its proposals for reform. The Terms of Reference for
this Inquiry ask the ALRC to consider reform in relation to range
of issues outlined here (02 October 2018).
More...
Appointment to the Federal Court of Australia
Mr Michael Wheelahan QC has been appointed as a judge of
the Federal Court of Australia and commenced in the Melbourne
Registry from 3 October 2018 (02 October 2018).
More...
In practice and courts
Review of national arrangements for the protection and
management of identity information
The Review will consider ways to enhance or strengthen
arrangements for the protection, use and management of identity
information in Australia. Public submissions will be received until
26 October. The review is to report by the end of November.
More...
Law Council of Australia Submissions
05 October 2018—Law Council
Review of the National Partnership Agreement on Legal
Services
AAT Bulletins 2018
Issue No. 39/2018, 8 October 2018
ALRC: Discussion Paper
Published on 2 October 2018 - Consultation Paper
Review of the Family Law System: Discussion Paper
Reminder: Australian Digital Health Agency three month
"opt-out period" for My Health
Record
As
announced by the Australian Digital Health Agency, every
Australian will be offered a My Health Record unless they choose
not to have one during the three-month opt out period which has
been extended to 15 November 2018. A national communications
strategy will be implemented to explain the opt-out process. During
the opt out period individuals who do not want a record will be
able to opt out by visiting the My Health Record
website.
New South Wales
Review of the Domestic Violence Justice Strategy
The Department of Justice is seeking feedback from people
who have been the victim or perpetrator of a domestic or family
violence incident in the last two years. Your feedback will inform
our review of the Domestic Violence Justice Strategy and will help
us to improve the NSW justice system's response to domestic and
family violence in the coming years. You can have your say online
by 28 October 2018.
More...
ICAC 2017-18 Annual Report
The ICAC 2017-18 Annual Report was furnished to Parliament
and made public on 5 October 2018.
More...
JUDCOM Civil Trials Bench Book
Update 37, 5 October 2018
The Preliminary chapter, Procedure generally chapter, Evidence
chapter have been updated.
More...
Register now for the 12th National Investigations
Symposium
Early bird registration is now open for the 12th National
Investigations Symposium, to be held in Sydney November 2018.
More...
Cases
'PK' and Department of the Prime Minister and
Cabinet (Freedom of information) [2018] AICmr
65
Freedom of Information — Whether documents contain
deliberative matter prepared for a deliberative purpose —
whether contrary to the public interest to release conditionally
exempt documents — whether reasonable steps taken to locate
documents — Freedom of Information Act 1982 (Cth) ss
11A(5), 24A and 47C.
Quach v NSW Health Care Complaints Commission (No
5) [2018] NSWSC 1519
ADMINISTRATIVE LAW – Prohibition order sought
against Crown Solicitor appearing for NSW Health Care Complaints
Commission in the ACT Supreme Court – previous proceedings
seeking substantially the same order dismissed as an abuse of
process – these proceedings an abuse of process – no
constitutional issues arising – summons dismissed with
costs.
DKF v NSW Trustee & Guardian
[2018] NSWCATAD 237
ADMINISTRATIVE LAW – Merits review – where NSW
Trustee & Guardian decided to lease and approve repairs to the
former matrimonial home of the mother (a "protected
person" and subject to a financial management order) of the
applicants and the second respondent – the applicants
disagreed with the decision and sought to have the first respondent
approve the first applicant's daughter move into the home as
caretaker – the second respondent agreed with the decision of
the first respondent – where paramount consideration is the
welfare and interests of the protected person – correct and
preferable decision.
Zidar v Department of Justice (No 3)
[2018] NSWCATAD 230
ADMINISTRATIVE LAW – Government information -
excluded information – conclusive presumption against
disclosure - legal professional privilege - complaints handling,
investigative and reporting functions.
Roberts v Department of Justice and Regulation (Review and
Regulation) [2018] VCAT
1560
Freedom of Information Act 1982 (Vic), sections
19, 25A(5), 31(1)(a), 33(1), 35(1)(b) and 38 – whether
apparent on the face of a request that all documents would be
exempt so that the request did not have to be processed. This
proceeding concerns Mr Matthew Roberts' applications for
information about the number and geographical locations of sex work
providers in Victoria who are registered with the Business
Licensing Authority (BLA) under sections 23 and 24
of the Sex Work Act 1994 (Vic) (SW
Act).
Legislation
Privacy
(Australian Honours System) Public Interest Determination
2018
This determination applies to the disclosure of certain
information by the Department of Home Affairs to the Office of the
Official Secretary to the Governor-General and the Department of
the Prime Minister and Cabinet for the purpose of verifying the
Australian citizenship and/or permanent residency status of
individuals who are the subject of nominations for membership or
honorary membership of the Order of Australia, or for other awards
in the Australian honours system.
Crimes
Legislation Amendment (International Crime Cooperation and Other
Measures) Regulations 2018
This instrument amends six regulations, consequential to
amendments made by the Crimes Legislation Amendment
(International Crime Cooperation and Other Measures) Act 2018,
the Crimes Legislation Amendment Act (No. 2) 2011 and the
Telecommunications Interception and Intelligence Services
Legislation Amendment Act 2011.
New South Wales
Regulations and other miscellaneous instruments
Children
(Detention Centres) Amendment Regulation 2018 (2018-576)
— published 8 October 2018
Companion
Animals Amendment (Access to Register of Companion Animals)
Regulation 2018 (2018-580) — published 12 October
2018
Crimes
(Administration of Sentences) Amendment (Restricted Associates)
Regulation 2018 (2018-574) — published 5 October 2018
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.
