In the media
Brutally honest review of national environment laws
leads to calls for urgent reforms
Australia's peak marine conservation organisation has
described the final review of national environment laws as a
brutally honest assessment of the failure of the law to act to
protect our oceans (29 January 2021).
More...
JobKeeper payments for prisoners, the dead and other
fraud cases probed by ATO
Employers claiming JobKeeper on behalf of fictitious
employees are being pursued by an ATO investigation. FOI documents
show the ATO was investigating 5,974 cases of "inflated
employees" as at September (29 January 2021).
More...
Recommendations following investigation into FOI
processing by Home Affairs
The OAIC has made recommendations to ensure the Department
of Home Affairs is able to meet the statutory processing periods
specified under the FOI Act (29 January 2021).
More...
Human factor dominates latest data breach
statistics
Data breaches attributed to human error continue to
increase according to the Office of the Australian Information
Commissioner's (OAIC) latest Notifiable Data Breaches Report.
Australian Information Commissioner and Privacy Commissioner
Angelene Falk said 38% of all data breaches notified during the
period were attributed to human error (28 January 2021).
More...
Department to pay for privacy breach
The Department of Home Affairs has been ordered to pay
compensation for breaching the privacy of 9,251 detainees in
immigration detention. The representative complaint followed the
publication of a detention report on the Department's website
in error (28 January 2021).
More...
New CSIRO tool to boost data security
The Commonwealth Scientific and Industrial Research
Organisation (CSIRO) has developed a new data privacy tool to help
ensure key datasets — such as those tracking COVID-19 —
can be publicly shared with an extra layer of security for
sensitive personal information (28 January 2021).
More...
Data privacy 2021: What should be front and centre for
the CMO right now
As the world recognises Data Privacy Day, CMO speaks to
marketing and industry thought leaders about the consumer data
priorities, concerns and work they believe marketing teams should
be focused on right now (28 January 2021).
More...
Australia takes on Google advertising dominance in
latest big tech fight
An Australian regulator is considering letting internet
users choose what personal data companies like Google share with
advertisers, as part of the country's attempts to shatter the
dominance of tech titans. The ACCC also proposed limiting the
internet giants' ability to access users' online histories
to cross-sell products (28 January 2021).
More...
Information Commissioner orders compensation payable by
Home Affairs for breaching detainees' privacy
The Department of Home Affairs (formerly the Department of
Immigration and Border Protection) has been found to have
interfered with the privacy of 9,251 detainees in immigration
detention by mistakenly releasing their personal information (27
January 2021).
More...
Commission reports on PS productivity
The Productivity Commission has begun the release of its
latest report on public services, providing a report card on the
equity, effectiveness and efficiency of Government services across
Australia (26 January 2021).
More...
eSafety call to tighten online identities
The eSafety Commission has highlighted the need for more
rigorous, consistent and transparent verification of online social
media accounts in its latest position paper on anonymity and
identity shielding online (26 January 2021).
More...
Australia fronts UN on human rights record
The Australian Human Rights Commission (AHRC) prepared an
assessment of the nation's human rights for presentation to the
United Nation's Human Rights Council last week (22 January).
The AHRC said the Commission is concerned about Australia's
inadequate legal framework for implementing human rights
obligations and monitoring progress (26 January 2021).
More...
Law Council calls on government to raise the age
"Last night's call by 31 countries meeting at the
United Nations Universal Periodic Review that Australia raise the
minimum age of criminal responsibility, is a stark reminder that
Australia is falling behind the rest of the world in dealing with
juvenile offenders (21 January 2021).
More...
New eSafety guide to dodge unsafe IT
The Australian eSafety Commissioner has released a new
investment checklist for the purchasers of IT platforms and
services to ensure the products they buy are safe for users (21
January 2021).
More...
Law Council welcomes appointment of Acting
Inspector-General of Intelligence and Security
"The Law Council of Australia welcomes Hon Dr
Christopher Jessup QC commencement as Acting Inspector-General of
Intelligence and Security (IGIS) to the role that is responsible
with conducting independent operational oversight of the legality
and propriety of agencies' activities (18 January 2021).
More...
Privacy Commissioner calls for law changes
The Australian Information Commissioner is calling for
changes to be made to Australia's privacy laws to ensure
privacy protections are consistent with the nation's values. Ms
Falk said the submission also recommended reforms to ensure it
could take proportionate regulatory action through broadening the
jurisdiction of the courts to hear privacy matters (18 January
2021).
More...
PS Integrity Commission expands its powers
The Australian Commission for Law Enforcement Integrity
(ACLEI) has had its powers expanded to include four Australian
Government law enforcement Agencies for the first time, to make it
more difficult for corruption to occur or remain undetected in the
Australian Government law enforcement Agencies which it oversaw.
(18 January 2021).
More...
In practice and courts
ACMA and eSafety child safety policy
This policy informs our leaders and staff about their
obligation to act legally and ethically towards children and young
people, 20 January 2021.
More...
CDPP publications
Partner Agency Engagement Strategy - 18 January 2021
NLD - Prosecution Services - Partner Agencies - 18
January 2021
OAIC: Commissioner-initiated investigation into the
Department of Home Affairs
Report finalised: 11 December 2020
Department's response: 6 January 2021
Report published: 29 January 2021.
More...
Family Court of Australia and Federal Circuit Court of
Australia–expansion of the COVID-19 List
The Joint Practice Direction 1 of 2021–the COVID-19
List was issued by the Chief Justice Monday 18 January. The
expansion of the COVID-19 List is a result of its success
throughout 2020 in handling the increase in urgent applications
filed as a result of the pandemic.
More...
Current Consultations
Legal and Constitutional Affairs Legislation Committee
Regulatory
Powers (Standardisation Reform) Bill 2020 [Provisions]
Judges'
Pensions Amendment (Pension Not Payable for Misconduct) Bill
2020
Legal and Constitutional Affairs References Committee
Nationhood,
national identity and democracy
Select Committee on Foreign Interference through Social
Media
Foreign
Interference through Social Media
Standing Committee for the Scrutiny of Delegated
Legislation
Exemption
of delegated legislation from parliamentary oversight
Finance and Public Administration References Committee
The
current capability of the Australian Public Service (APS)
CDPP alert: Hoax CDPP emails
The Office of the Commonwealth Director of Public
Prosecutions is warning members of the community to beware of
scammers claiming to be from the CDPP(15 January 2021). 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. 1/2021, 1 January 2021.
More...
Commonwealth Integrity Commission: consultation
draft
The Australian Government has released an exposure draft
of legislation to establish the new Commonwealth Integrity
Commission (CIC) and make other consequences legislative
amendments. A
fact sheet about the key features of the CIC has also been
released. The
consultation page includes links to the draft legislation and
further information about other issues under consideration. Closing
date 12 February 2021.
ACMA reminder, NBN consumer experience rules
ACMA has enhanced NBN consumer experience
rules to protect Australians during the final phase of the NBN
migration. The enhancements have been made to the following rules:
Service Continuity
Standard; Service
Migration Determination; Consumer Information
Standard;
Complaints Handling Standard. The enhancements to the Service
Continuity Standard and Service Migration Determination will start
on 14 December 2020, while most enhancements to the Complaints
Handling Standard and Consumer Information Standard will start on 1
April 2021.
More...
LSC: Regulation of litigation funding schemes
The Legal Services Council has amended the Legal
Profession Uniform General Rules 2015 with effect from 22 August
2020 so the prohibitions in s 258(1) and (3) of the Legal
Profession Uniform Law do not apply in relation to litigation
funding schemes now regulated as managed investment schemes. The
new rule will operate for 12 months to allow for consultation. More...
Queensland
Annual report 2019-20 feedback survey
Open until 30 June 2021 - Department of the Premier and
Cabinet
By taking a minute to complete this survey, you will help us
improve our annual reports so readers can use them more
effectively.
Queensland students receive new lessons on sentencing
laws
The Queensland Sentencing Advisory Council has released
four
Judge for Yourself education workbooks to help teachers educate
students about criminal sentencing and the justice system.
An extension of the highly popular
Judge for Yourself online tool, each workbook focuses on one of
the Council's four interactive court cases based on real-life
events from the Queensland Magistrates, District, Supreme and
Childrens Courts (20 January 2021).
QSAC launches new online sentencing trends tool
The Queensland Sentencing Advisory Council has launched
its first online Sentencing Trends tool. A useful resource for
practitioners and community alike, the tool aims to improve public
understanding and accessibility to sentencing trends within the
Courts.
More...
QAO Report 9: 2020–21: Water 2020
Audit objective: This report summarises the financial
audit results of the six state-owned entities in Queensland's
water sector for 2019?–?20, including Liabilities from the
2011 South East Queensland floods class action. Tabled 28 January
2021.
More...
QAO Advice: How to treat immaterial adjustments
identified during your audit
As our 31 December year-end clients finalise their
financial statements, it's a timely reminder to not make
immaterial changes (22 January 2021).
More...
OIC Qld: Data Privacy Day helps to build greater
awareness and trust: 28 January 2021
This underlines a large part of the OIC's work, which
aims to build trust through transparency, so Queenslanders and
Queensland government agencies are aware of their privacy rights
and responsibilities. In the lead up to the day, the OIC will be
sharing privacy tips on Twitter and
LinkedIn.
More...
Queensland Law Reform Commission Consultation Paper
– a legal framework for voluntary assisted dying
The Queensland Law Reform Commission is seeking feedback
on the Consultation Paper "
A legal framework for voluntary assisted dying". The
Consultation Paper explores a legal framework for voluntary
assisted dying.. For more information please see the
consultation page and the
terms of reference. Note: The Commission
continues to work hard on this review, and hopes to meet a
reporting date of 10 May 2021. This document is intended to inform
the public about the Commission's task and its processes, and
how it hopes to complete the review by 10 May 2021.
Department of the Premier and Cabinet Consultation
Annual report 2019-20 feedback survey
By taking a minute to complete this survey, you will help
us improve our annual reports so readers can use them more
effectively. Open until 30 June 2021.
More...
Published - articles, papers, reports
Productivity Commission: Report on Government Services
2021
The annual Report on Government Services (RoGS) provides
information on the equity, effectiveness and efficiency of
government services in Australia
20 January 2021 - Part F Community services (includes aged care,
disability, child protection and youth justice)
22 January 2021 - Part C Justice (includes police, courts and
corrective services) (January 2021).
More...
Anonymity and identity shielding position paper
eSafety Commission: January 2021
They have highlighted the need for more rigorous, consistent and
transparent verification of online social media accounts in its
latest position paper on anonymity and identity shielding online.
More...
Australia's Third Universal Periodic Review
(UPR)
AHRC: January 2021
The submission to the third cycle review welcomes positive
developments since the last cycle in 2015 and highlights the
ongoing substantial weaknesses in Australia's human rights
protections and new challenges that are arising, including the
COVID-19 pandemic.
More...
Notifiable data breaches report
Office of the Australian Information Commissioner (OAIC):
28 January 2021
The OAIC received 539 data breach notifications from July to
December 2020, an increase of 5% on the previous six months (512).
38% of all data breaches notified during the period were attributed
to human error.
More...
2021 State of reconciliation in Australia report
Reconciliation Australia: 18 January 2021
This report assesses the current status of reconciliation and
outlines some practical actions that need to be taken in order to
continue to progress the reconciliation process. More...
Cases
'WP' and Secretary to the Department of Home
Affairs (Privacy) [2021] AICmr
2
Privacy — Privacy Act 1988 (Cth) — Information
Privacy Principles — IPP 4 — Data security failure
— IPP 11 — Unauthorised disclosure of personal
information — Breaches substantiated — Compensation
awarded — s 52(4)(a) — Manner in which the amount of
compensation payable to class members is to be calculated — s
52(5)(b) — Process for determining any dispute regarding the
entitlement of a class member to the payment
Department of Home Affairs privacy determination
This matter is the first representative action where we
have found compensation for non-economic loss payable to
individuals affected by a data breach. t recognises that a loss of
privacy or disclosure of personal information may impact
individuals and depending on the circumstances, cause loss or
damage. The full determination can be found
here.
Crime
and Corruption Commission v Acting Deputy Commissioner Wright &
Anor [2021] QCAT
18
POLICE – INTERNAL ADMINISTRATION – DISCIPLINE
AND DISMISSAL FOR MISCONDUCT – QUEENSLAND – where
confidential databases accessed – whether accessed by the
subject officer – whether accessed for an official purpose
Police Service Administration Act 1990 Qld s 1.4
Young
t/as LK & HM Young v Queensland Building and Construction
Commission [2021] QCAT
8
ADMINISTRATIVE LAW – ADMINISTRATIVE TRIBUNALS
– QUEENSLAND CIVIL AND ADMINISTRATIVE TRIBUNAL – where
direction to rectify issued – circumstance of fresh evidence
showing responsibility of another building contractor for
performance of defective building work the subject of the direction
– consideration of Tribunal's review jurisdiction
generally – meaning of 'building work' and
'defective building work'.
Queensland Civil and Administrative Tribunal Act 2009 Qld s 20, s
24; Queensland Building and Construction Commission Act 1991 Qld s
71l, s 72, s 72A, s 86, s 87
Legislation
Commonwealth
Copyright
Act 1968
28/01/2021 - Act No. 63 of 1968 as amended
Administrative
Decisions (Judicial Review) Act 1977
27/01/2021 - Act No. 59 of 1977 as amended
Inspector-General
of Intelligence and Security Act 1986
22/01/2021 - Act No. 101 of 1986 as amended
Foreign
Evidence Act 1994
20/01/2021 - Act No. 59 of 1994 as amended
Privacy
Act 1988
20/01/2021 - Act No. 119 of 1988 as amended
Bills
Regulatory Powers (Standardisation Reform) Bill 2020
[Provisions]
On 10 December 2020 the Senate referred the provisions of
the Regulatory Powers (Standardisation Reform) Bill 2020 to the
Legal and Constitutional Affairs Legislation Committee for inquiry
and report by 19 February 2021. The deadline for submissions to the
inquiry is 13 January 2021.
Queensland
Subordinate legislation – 29 January 2021
No 1
Public Trustee (Interest Rate) Amendment Regulation 2021
No 2
Disability Services and Other Legislation (Worker Screening)
Amendment Regulation 2021
No 3
Disability Services (Transitional) Regulation 2021
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.