In the media
Government concedes COVIDSafe app 'rarely used'
in overdue report
The federal government has finally released its first
official report into the COVIDSafe app, conceding the app is
"rarely" used but attributing that to low community
transmission rates and strong manual contact tracing (30 July
2021). More...
Gender studies to drive PS equality
The Commission for Gender Equality in the Public Sector
has published a collection of case studies on gender impact
assessments. In a statement, the Commission said "(The Act)
requires defined entities to do gender impact assessments of all
new policies, programs and services that directly and significantly
impact the public, as well as those up for review." (29 July
2021). More...
Crackdown on illegal financial services marketing
continues with formal warnings
The ACMA is continuing its clampdown on illegal marketing
in the financial services sector with formal warnings issued to
five companies for breaches of spam and telemarketing laws (28 July
2021). More....
HRLC: Children continue to be jailed in year since
Attorneys-General failed to raise the age
27 July 2021 marks one year since Australia's top
legal officers failed to raise the age of criminal responsibility
from 10 to 14, despite being handed an expert report overwhelmingly
recommending that all states and territories and the federal
government change laws to keep children out of prison (27 July
2021). More...
New judges appointed to Supreme Court of Victoria
The Victorian Government has appointed Dr Catherine Button
QC and Judge Mandy Fox as judges, and Ian Irving as an associate
judge of the Supreme Court of Victoria (27 July 2021). More...
Audits alone won't solve govt cyber woes: ANAO
National auditor-general Grant Hehir has questioned a
proposal that would see his office review the cyber security of
federal government agencies on an annual basis while internal
assurance mechanisms and incentives are missing (27 July 2021). More...
Politicians' harassment complaints body will have
limited scope
An independent complaints body for federal politicians and
staffers is set to be up and running by September, but won't
look at sexual misconduct allegations from previous parliamentary
terms (26 July 2021). More...
Uber found to have interfered with privacy
Australian Information Commissioner and Privacy
Commissioner Angelene Falk has determined that Uber Technologies,
Inc. and Uber B.V. interfered with the privacy of an estimated 1.2
million Australians.
Rather than disclosing the breach responsibly, Uber paid the
attackers a reward through a bug bounty program for identifying a
security vulnerability (23 July 2021). More...
Respectful relationships reaches more schools
More non-government schools have now signed up to the
Andrews Labor Government's Respectful Relationships program -
supporting all Victorian educators to embed respect and gender
equality in their school communities (13 August 2021). More...
Amendments needed to sexual discrimination bill
The Law Council acknowledges the publication of Senate
Education and Employment Legislation Committee's Report on the
Sex Discrimination and Fair Work (Respect at Work) Amendment Bill
2021. However, the Law Council believes that amendments are
necessary for the Bill to achieve its stated objectives (12 August
2021). More...
COVID-19 vaccinations and the workplace
The Morrison Government is continuing to support
Australians through the pandemic and is encouraging employers and
employees to work together on the issue of COVID-19 vaccination for
Australian workers (12 August 2021). More...
LCA: Government to reinstate measures allowing for
virtual meetings and electronic document execution
Steps taken by the Australian Government to reinstate
temporary measures that will allow companies to use technology to
meet regulatory requirements to hold general meetings, distribute
meeting related materials and validly execute documents are
positive moves for business and the investing public (11 August
2021). More...
Six new judges appointed to the County Court
The Victorian Government has announced six new
appointments to the County Court of Victoria, bringing a wealth of
expertise and diverse experience to the justice system. These
appointments include early replacements of four Judges as part of
the Government's $210 million investment to speed up the
resolution of court matters (10 August 2021). More...
Significant new funding for the justice system to close
the gap
Over $25 million in targeted investments will be directed
towards reducing the overrepresentation of adult and youth
Aboriginal and Torres Strait Islander people in the criminal
justice system (Targets 10 and 11) (07 August 2021). More...
National approach to prevent elder abuse needs to be a
priority
Committed to tackling elder abuse occurring across the
country, a national Roundtable convened by the Law Council of
Australia, has recommended that the Commonwealth, state and
territory Attorneys-General make the development of nationally
consistent laws governing enduring powers of attorney a priority
(06 August 2021). More...
New watchdog to boost social services protections
The proposed Social Services Regulation Act will
streamline and simplify the existing regulation of social services,
reducing red tape for the community sector while bolstering
enforcement powers to protect people from harm (04 August 2021). More...
DTA ditches digital 'transparency'
dashboard
The federal government has shut down its Performance
Dashboard, used to improve digital services and provide
transparency to the public, as part of a significant restructuring
of its digital agency (24 August 2021). More...
Ombudsman lays down law for follow-ups
The Office of the Commonwealth Ombudsman has issued a
factsheet on the extent of implementation of its recommendations by
Government Agencies. In its publication Recommendations
Implementation Report Factsheet the Office says it periodically
publishes reports to ensure Agencies take action to address areas
of improvement identified in past Ombudsman reports (23 August
2021). More...
HRLC: Senate votes to ban forced labour imports in vital
step to combat modern slavery
The Australian Senate has voted to ban the importation of
any goods made with forced labour into Australia, in a move that
signals cross-party support for stronger measures to prevent
Australian companies profiting from modern slavery overseas (23
August 2021). More...
Public Understanding of Law Survey assists
evidence-based decisions
Designing legal services that meet people's needs
requires an understanding of the public's experiences and
perspectives - it's central to bottom-up, practical access to
justice. The Victoria Law Foundation's Public Understanding of
Law Survey will assist to achieve this goal (17 August 2021). More...
In practice and courts
Strengthening Australia's cyber security regulations
and incentives: Discussion paper
Interested stakeholders are invited to provide a
submission to the discussion paper, Strengthening Australia's cyber security
regulations and incentives. Submissions on the discussion paper
can be made via our submission form before 27 August 2021. More...
ACMA Consultation: Consumer vulnerability: Expectations
for the telco industry - consultation 27/2021
We want to create a statement of expectations for the
telco industry to improve outcomes for vulnerable consumers.
Closing date 08 September 2021. More...
ACMA Consultation: Proposal to amend Do Not Call
Register (Access Fees) Determination 2017 - consultation
29/2021
We invite your comments on the Do Not Call Register
cost-recovery arrangements. Closing date 20 August 2021. More...
Law Council Update
The Law Council produces a fortnightly newsletter which
highlights the Law Council's important activities and advocacy,
along with any relevant media and events stakeholders would be
interested in.
23 July 2021
10 August 2021
20 August 2021
AAT Bulletin
The AAT Bulletin is a weekly publication containing a list
of recent AAT decisions and information relating to appeals against
AAT decisions.
Issue No. 15/2021, 26 July 2021
Issue No. 16/2021, 9 August 2021
Issue No. 17/2021, 23 August 2021
Legal and Constitutional Affairs Legislation
Committee
Constitution Alteration (Freedom of Expression and
Freedom of the Press) 2019
Status: Accepting Submissions Date Referred: 17 June 2021
Submissions Close: 20 August 2021
Reporting Date: 31 December 2021.
Strengthening Australia's cyber security regulations
and incentives
On 13 July 2021, the Australian Government opened
consultation on options for regulatory reforms and voluntary
incentives to strengthen the cyber security of Australia's
digital economy. Interested stakeholders are invited to provide a
submission to the discussion paper, Strengthening Australia's
cyber security regulations and incentives. Submissions on the
discussion paper can be made via our submission form before 27
August 2021. More...
Commencement of the new Federal Circuit and Family Court
of Australia
The Family Court of Australia and Federal Circuit Court of
Australia has released a full package of details outlining the
changes to court operations that will occur on the commencement of
the Federal Circuit and Family Court of Australia from 1 September.
From September 1, the new court will focus on risk, responsiveness
and resolution.
Strengthening Australia's cyber security regulations
and incentives: Discussion paper
Interested stakeholders are invited to provide a
submission to the discussion paper, Strengthening Australia's cyber security
regulations and incentives. Submissions on the discussion paper
can be made via our submission form before 27 August 2021. More...
ACMA consultation: Consumer vulnerability: Expectations
for the telco industry - consultation 27/2021
We want to create a statement of expectations for the
telco industry to improve outcomes for vulnerable consumers.
Closing date 08 September 2021. More...
Department of Infrastructure, Transport, Regional
Development and Communications: Draft Online Safety (Basic Online
Safety Expectations) Determination 2021 consultation
We are seeking submissions on an exposure draft of the
Online Safety (Basic Online Safety Expectations) Determination
2021. The draft determination sets out the government's demands
for providers that offer a social media service, "relevant
electronic service" or "designated internet
service", including the nine principle-based "core
expectations" included in the Act. View the consultation and consultation paper. Submissions to the
consultation close on 15 October 2021.
Victoria
Sentencing Advisory Council: Updated online sentencing
statistics for over 250 offences in the higher courts
The Council has released new sentencing data for the
higher courts (County and Supreme Courts) on SACStat, the
Council's online statistical database. The new data covers
sentencing outcomes in the five years to 30 June 2020 for over 250
offences dealt with in the higher courts.
SACStat user guide
The Sentencing Advisory Council has also published a two-page user guide with handy hints on using
SACStat, and a summary of the counting rules for the data. More
detailed resources can be found on the SACStat website: 'About SACStat', 'How to Use SACStat', 'Technical Notes' and 'Glossary'. SACStat can be accessed free of
charge from the Council's website (21 July 2021).
Library Bulletin
The Law Library of Victoria produces a fortnightly
bulletin that summarises the latest legislation and cases for the
Victorian jurisdiction, as well as High Court of Australia cases.
Download the most recent Library Bulletins:
Law Library Bulletin No 14 (fortnight ending
30 July 2021)
Law Library Bulletin No 15 (fortnight ending
13 August 2021)
Law Library Bulletin No 16 (fortnight ending
27 August 2021)
Body-worn camera evidence trial rolling out
We're preparing for the state-wide expansion of a
trial allowing digitally recorded evidence-in-chief, taken from
body-worn cameras, to be used in family violence matters. Victoria
Police have outlined their timelines for rolling out digitally
recorded evidence in chief training to officers and prosecutors to
support the expansion of the trial (02 August 2021). More...
Commonwealth and Victorian Courts' COVID
updates
The Victorian Government has announced an extension plus
additional restrictions for metropolitan Melbourne until Thursday,
2 September 2021. The Supreme Court of Victoria has published a
joint jurisdictional statement from the Chief Justice on behalf of
the Victorian courts and VCAT in response to the increased regional
restrictions. You can access the statement here.
VICBAR: Equitable briefing policy reporting
2020-2021
The 2020-2021 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
2021. If you have adopted the policy as counsel, please provide
your annual report for the 2020-2021 financial year using the portal. To assist you with reporting, access
the Equitable Briefing Policy Reporting Template and
Guidelines.
Consultations
Inquiry into Victoria's Criminal Justice System -
have your say
The Legislative Council Legal and Social Issues Committee
is accepting submissions to its Inquiry into Victoria's
criminal justice system. Submissions close on 1 September 2021. More...
Inquiry into Whether Victoria Should Participate in a
National Electoral Roll Platform - have your say
The Electoral Matters Committee is accepting submissions
to its Inquiry into whether Victoria should participate in a
national electoral roll program. Submissions close on 22 October
2021. More...
Published - articles, papers, reports
Final report - evaluation of the operation and
effectiveness of COVIDSafe and the national COVIDSafe
datastore
Department of Health: 22 July 2021
A heavily redacted version of a report evaluating the effectiveness
of its COVIDSafe contact tracing app after failing to produce the
report itself. View the independent report.
Gridlock: Removing barriers to policy reform
John Daley, Grattan Institute: 25 July 2021
Australia's governance is going backwards. Without change,
there is little prospect for many substantial policy reforms that
would increase Australian prosperity. More...
Australian Government COVID-19 disaster payments: A
quick guide
Michael Klapdor; Parliamentary Library Research
Publication: 04 August 2021
This Quick Guide was updated on 4 August 2021 to reflect changes to
the COVID-19 Disaster Payment, and provides background to both
COVID-19 disaster payments setting out their eligibility criteria,
payment rates, and administration arrangements. More...
The Ombudsman for Human Rights: A casebook
Victoria Ombudsman Investigation report: 4 August
2021
This casebook presents a snapshot of the thousands of matters
involving people's human rights that we see each year. They
illustrate the rights of children and families, kinship carers,
injured workers, activists and prisoners, of everyday Victorians.
More...
ANAO annual report 2020-21
ANAO: 26 August 2021
This annual report documents the performance of the Australian
National Audit Office (ANAO) in the financial year
ended 30 June 2021. The report addresses all applicable obligations
under the Public Governance, Performance and Accountability Act
2013; the Public Governance, Performance and Accountability Rule
2014; the Auditor-General Act 1997; the performance measures set
out in the outcome and programs framework in the ANAO's
Portfolio Budget Statements 2020-21 and the ANAO Corporate Plan
2020-21; and annual reporting requirements set out in other
relevant legislation. More...
Cases
Patrick and Secretary, Department of
Prime Minister and Cabinet (Freedom of Information)
[2021] AATA 2719
FREEDOM OF INFORMATION - review of the refusals by the
Department of Prime Minister and Cabinet to give access to
documents to minutes of the National Cabinet - whether documents
are exempt documents pursuant to s 34(1) of the Freedom of
Information Act 1982 (Cth) (the FOI Act) -
consideration of the meaning of "committee of the
Cabinet" - whether National Cabinet is a committee of the
Cabinet - whether documents are conditionally exempt documents
pursuant to s 47B of the FOI Act because their disclosure would or
could reasonably be expected to cause damage to relations between
the Commonwealth and a State - decisions set aside - order for
access made.
Legislation
Commonwealth
Bills
Electoral Legislation Amendment (Party
Registration Integrity) Bill 2021
HR 12 August 2021 - the Bill amends the registration
eligibility requirements for a federal non-Parliamentary party.
These amendments increase the minimum membership requirements for
registration from 500 to 1500 unique members. The Bill also amends
the prohibitions regarding registrable names, abbreviations, and
logos.
Ransomware Payments Bill 2021 (No.
2)
HR 12 August 2021 - Bill to establish a mandatory
reporting requirement for Commonwealth entities, State or Territory
agencies, corporations, and partnerships who make ransomware
payments in response to a ransomware attack. The Bill will require
entities who make a ransomware payment to notify the ACSC of key
details of the attack, the attacker, and the payment.
Foreign Intelligence Legislation Amendment
Bill 2021
Finally passed both Houses 26 August 2021 - to: Enable the
Director-General of Security to apply for a warrant authorising the
interception of a communication for the purpose of obtaining
foreign intelligence from foreign communications; and Australian
Security Intelligence Organisation Act 1979 and Telecommunications
(Interception and Access) Act 1979 to enable the Attorney-General
to issue foreign intelligence warrants to collect foreign
intelligence on Australians in Australia who are acting for, or on
behalf of, a foreign power; and Telecommunications (Interception
and Access) Act 1979 to make other amendments.
Victorian legislation can be accessed here.
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.