Welcome to our Victorian Government Bulletin, a monthly wrap-up of key news, reports and cases of interest to Victorian government employees.
In the media
Victoria Legal Aid: A new client referral process to
support high-quality and consistent child protection legal
services
We are introducing a new, fairer and more transparent
referral process to help more people across the state access
consistent child protection legal services (24 May 2019).
More...
Crime prevention grants to boost community safety in
Victoria
Applications are now open for up to $3 million in crime
prevention grants, thanks to the Andrews Labor Government's
Public Safety Infrastructure Fund. Projects that could receive
funding include lighting upgrades, streetscape and other amenity
improvements, or the installation of CCTV cameras in high-risk
areas (16 May 2019).
More...
Victorian Ombudsman Deborah Glass elected to board of
global Ombudsman body
Victorian Ombudsman Deborah Glass has been elected to the
board of the International Ombudsman Institute, which connects more
than 190 Ombudsman offices world-wide (10 May 2019).
More...
Telcos warned for not helping vulnerable consumers
Eleven telcos have been hit with formal warnings by the
Australian Communications and Media Authority for failing to tell
potential new customers that they do not provide Priority
Assistance services, or failing to name a telco that does (07 May
2019).
More...
Steelvision conduct referred to Victoria Police
This inquiry has identified suspected fraudulent conduct
by the company in relation to its Latrobe Valley Economic
Facilitation Fund grant and the department has now referred these
matters to Victoria Police for investigation (03 May 2019).
More...
Suppression order overhaul passes parliament
Victims of sexual or family violence who want to speak
publicly about their experiences will have more freedom to do so
thanks to new laws from the Andrews Labor Government. The Open
Courts and Other Acts Amendment Bill 2019, which passed Parliament,
amends existing laws to reinforce the presumption in favour of open
justice (02 May 2019).
More...
New scheme to support family law cross-examination
ban
The Family Law Act 1975 has been amended to ban
direct cross examination in cases where there is family violence.
The changes will apply to hearings that occur from 11 September
2019 onwards. The Commonwealth Family Violence and
Cross-examination of Parties Scheme is funded by the Commonwealth
Government and will be administered in Victoria by Victoria Legal
Aid (VLA) (01 May 2019).
More...
IBAC forwards complaint regarding government advertising
to the Victorian Public Sector Commission
IBAC, Victoria's independent anti-corruption
commission forwarded a complaint from the State Opposition
regarding a Victorian government advertising campaign to the
Victorian Public Sector Commissioner for consideration (30 April
2019).
More...
In practice and courts
VLRC- Contempt of Court - Release of Consultation
Paper
The Commission's consultation paper on contempt of
court was published online on 23 May on the Commission's
website (link below) together with a
summary document. The closing date for written submissions is
28 June 2019.
More...
Online sentencing database updated with new statistics
and summary reports
The Council has released updated sentencing statistics on
SACStat (Sentencing Advisory Council Statistics Online), the
Council's online statistical database. SACStat now includes
sentencing data for over 200 offences sentenced in the higher
courts (the County and Supreme Courts) of Victoria over the five
years to 30 June 2018 (24 May 2019). More...
Current Senate Inquiries
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 (03 May 2019).
More...
Victoria
Open Courts and Other Acts Amendment Act 2019
Assented to 7 May 2019 - The main purposes of this Act are; (a) to
amend the Open Courts Act 2013 in relation to the
prohibition and restriction of the publication of information in
court and tribunal proceedings; and (b) to make related amendments
to the Children, Youth and Families Act 2005 and
the Judicial Proceedings Reports Act 1958.
Published – articles, papers, reports
Compliance with the Asset Management Accountability
Framework
VAGO: Tabled: 23 May 2019
Victoria's roads, railways, schools, prisons and hospitals are
part of the $265 billion of non-financial assets that government
departments and agencies manage. Many of our audits show that asset
management is often neglected or poorly done. We made 11
recommendations. Four were directed to all departments and one to
the audit committees of all departments.
More...
Proud, visible, safe
Victorian Equal Opportunity and Human Rights Commission:
17 May 2019
This report examines the experiences of LGBTIQ employees at
Victoria Police. The report finds that Victoria Police is committed
to building an organisational culture that is safe for LGBTIQ
employees – but that there still a way to go Proud, visible, safe.
Firearms offences: current sentencing practices
Anusha Kenny, Zsombor Bathy; Sentencing Advisory Council
(Vic): 15 May 2019
This report examines trends in the prevalence and sentencing of
firearms offences in Victoria. It considers 132 firearms offence
provisions sentenced in Victorian courts in the five years from 1
July 2012 to 30 June 2017 (the reference period). More...
Notifiable Data Breaches scheme: 12-month insights
report
Office of the Australian Information Commissioner: 13 May
2019
Entities regulated by the Privacy Act should review this report and
use the learnings to enhance their prevention and response
strategies for the benefit of all Australians. One of the key
messages taken from this inaugural review of the Notifiable Data
Breaches (NDB) scheme is that entities must put
individuals first. More...
Sexism and gender inequality in the Victorian legal and
justice sector
Monica Campo, Lynda Memery, Nina Ulasowski; Women's
Legal Service Victoria: 30 April 2019.
This discussion paper outlines stories from almost 300 legal sector
professionals which show that sexual harassment and disrespect
towards women is pervasive, women's career prospects are
routinely stunted and victim-blaming is common. More...
Report of PBO operations for the 2018 Victorian general
election
Parliamentary Budget Office (Vic): 30 April 2019.
The Victorian Parliamentary Budget Office prepared 1044 independent
election policy costing responses for the 2018 general election
costing period. More...
Cases
Hive & Wellness Australia Pty Ltd v
Mulvany [2019] VSC
273
PRACTICE AND PROCEDURE - Summary judgment/strike out
application - Whether defence of qualified privilege has a real,
and not fanciful prospect of success.
DEFAMATION - Defences - Qualified privilege at common law -
Publication to the world at large - Public interest in food safety
and regulation - Whether defendant had an interest in making the
defamatory statements and the recipients had a reciprocal interest
in receiving them - Voluntary disclosure of information to a broad
audience about the conduct of the chief executive officer of a
private business - Public interest and concern insufficient to
establish reciprocity - Whether the publications could attract the
defence of qualified privilege by reason of the implied freedom of
communication with respect to government and political matters -
Summary judgment granted.
DEFAMATION - Defences - Qualified privilege - Reply to attack -
Whether reply by defendant privileged - Kennett v Farmer [1998] VR
991, referred to - Properly the subject of full evidence and
argument at trial.
Herrington v Lawrence [2019] VSC
319
JUDICIAL REVIEW - Application for leave to appeal
decision of VCAT - Whether identified error of law - Whether real
or significant argument that error exists - Whether grant of leave
just in all the circumstances - Supreme Court (Miscellaneous Civil
Procedure) Rules 2018 r 4.08(8) considered - Secretary of the
Department of Premier and Cabinet v Hulls [1999] VSCA 117; [1999] 3
VR 331 referred to.
RES JUDICATA - Cause of action estoppel - Issue estoppel - Anshun
estoppel - Previous proceedings before VCAT issued under incorrect
legislative provisions - Previous proceedings dismissed as being
issued under incorrect provisions - Whether final determination on
the merits - Whether unreasonable not to raise correct cause of
action.
CIVIL PROCEDURE - Application for leave to amend notice of appeal -
Application made at hearing of appeal - Whether prejudice to
respondent.
Valeo Construction v Tiling Expert
[2019] VSC 291
ADMINISTRATIVE LAW - Judicial review - Relief in the
nature of certiorari - Injunctions - Declarations - Whether
Adjudication Determination is vitiated by jurisdictional error -
Error of law on the face of the record - Review of jurisdictional
facts - Supreme Court (General Civil Procedure) Rules 2015 (Vic), r
56. BUILDING CONTRACTS.
Total Transport Pty Ltd v Tasiopoulos
[2019] VSC 266
ADMINISTRATIVE LAW - Judicial review - Opinion of a
Medical Panel - Panel found that worker's physical injuries had
resolved, but that worker had an incapacity for his pre-injury
employment - Whether Panel's opinion not open, or grossly
illogical or irrational - Whether Panel's reasons adequate -
Proceeding dismissed - Workplace Injury Rehabilitation and
Compensation Act 2013 (Vic) ss 3, 160, 313.
Shao v AG Advanced Construction Pty Ltd
[2019] VSCA 93
BUILDING AND CONSTRUCTION - Whether termination under
s 41 extinguishes damages claim for defective work.
ADMINISTRATIVE LAW - Appeals - Victorian Civil and
Administrative Tribunal Act 1998, s 148 - Appeal allowed -
Whether to exercise power of Tribunal to order refund - Whether to
remit proceeding to Tribunal - Victorian Civil and
Administrative Tribunal Act 1998 s 148(7)(b) and (c).
Country Fire Authority v Lockyer (Review and
Regulation) [2019] VCAT 667
Review and Regulation List - Freedom of
Information Act - exemptions - internal working documents -
information provided in confidence - personal affairs - legal
professional privilege - public interest override - s 30(i) - s 32
- s 33 - s 35(2)(b) - s 50(4).
Legislation
Victoria
Acts
No 11 Open Courts and Other Acts Amendment Act 2019 - Assented to 7 May 2019.
Statutes - New Versions
Corrections Regulations 200940 / 18 - 26 April 2019.
Corrections (Victims Register) Regulations 2014 25 002 - 28 April
2019.
Corrections (Police Gaols) Regulations 2015 94 003 – 28 April
2019.
County Court Civil Procedure Rules 2018 170 00 - 21 May 2019.
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.