In the media
No further delay for euthanasia laws as blueprint is
finalised
The Queensland Law Reform Commission appears on track to
deliver draft voluntary assisted dying laws next month. (09 April
2021).
More...
Queensland Government orders review of sentencing for
serious violent crimes
The Palaszczuk Government is maintaining a strong stance
on violent crime, directing the Queensland Sentencing Advisory
Council (QSAC) to undertake a review and provide
recommendations concerning how serious offenders are sentenced in
Queensland (09 April 2021). More...
Council to review the serious violent offences
scheme
The Queensland Sentencing Advisory Council has been asked
by the Attorney-General and Minister for Justice, for its advice on
the serious violent offences scheme. The Terms of Reference ask the
Council to consider a number of matters related to the serious
violent offences (SVO) scheme in the Penalties and Sentences
Act 1992 (09 April 2021).
More...
LCA: Government recognises need for cultural change to
sexual harassment laws
The Law Council of Australia welcomes the Federal
Government's engagement with the important issue of sexual
harassment as a matter for the national agenda. Recent events have
emphasised that fresh and comprehensive responses are required to
drive the necessary, and overdue, cultural change (08 April 2021).
More...
Pollies, judges must fall into line under new sexual
harassment laws
Politicians and judges will be subject to the same sexual
harassment laws as the wider population under major workplace
reforms (08 April 2021).
More...
Australian Government's response to Respect @Work
report
In 'A Roadmap for Respect: Preventing and Addressing
Sexual Harassment in Australian Workplaces' (the Roadmap for
Respect), the Government provides its response and sets out its
long-term commitment to preventing and addressing sexual harassment
(08 April 2021).
More...
Commission welcomes response to Respect@Work
Report
The AHRC welcomes the considered and constructive response
to the 55 recommendations made in its 2020 Respect@Work Report on
the National Inquiry into Sexual Harassment in Australian
Workplaces. The Report and the Federal Government's response,
with whole of community buy in, paves the way for globally
ground-breaking reform on workplace sexual harassment (08 April
2021).
More...
DTA renews MOU with AIIA
The Digital Transformation Agency (DTA) has signed an
ongoing Memorandum of Understanding (MoU) with the Australian
Information Industry Association (AIIA), aimed at maintaining
collaboration between the public sector and the ICT industry to
deliver world class citizen and Government digital services that
benefits Australia's digital industry (08 April 2021).
More...
Own Motion Investigation into Services Australia's
Income Compliance Program: A report about Services Australia's
implementation of changes to the program in 2019 and 2020
The Ombudsman investigated Services Australia's
administration of the Income Compliance Program to seek assurance
that Services Australia's processes for identifying and
refunding debts raised using income averaging was, and continues to
be, fair and transparent. (06 April 2021).
More...
LCA: A national response to family, domestic and sexual
violence is needed
LCA says many of the report's 88 recommendations aim
to address the insidious and ubiquitous problem of family violence
on a national level, but it is disappointing that the report did
not consider or call for additional funding for the courts to
adequately address family violence in the justice system (06 April
2021).
More...
New Federation website goes National
A new source of information about the architecture of
Australia's Federal relations has been launched by the
Department of the Prime Minister and Cabinet. Opening the new
website 'federation.gov.au', PM&C said it provided the
latest updates on the National Cabinet, the National Federation
Reform Council and other intergovernmental bodies (05 April 2021).
More...
Agencies unveil staff census numbers
The APSC has released the 2020 APS Employee Census reports
collected by most APS Agencies as well as the combined APS-wide
report. APS Commissioner congratulated the Agencies that chose to
reveal their data, to demonstrate its commitment to transparency
and accountability (05 April 2021).
More...
Law reformers cut to the chase
The ALRC has adopted a new approach to consultation as a
way of encouraging greater engagement with a wider cross-section of
academics, legal professionals and the community. The ALRC will be
seeking formal submissions in response to the new law reform
proposals and consultation questions set out in the Consultation
Paper to be released at the end of April. (05 April 2021).
More...
Comcare guide to beat workplace harassment
Comcare has released a guidance resource
to help employers, managers, supervisors and workers prevent and
respond to sexual harassment in the workplace (05 April 2021).
More...
Queensland's animal welfare laws under review
Queenslanders have been invited to have their say as the
Palaszczuk Government initiates a major review of animal welfare
laws to ensure Queensland laws keep pace with community
expectations (04 April 2021). More...
533 million Facebook users' phone numbers and
personal data have been leaked online
The personal data of over 500 million Facebook users has
been posted online in a low-level hacking forum. The data includes
phone numbers, full names, location, email address, and
biographical information, and could be used by hackers to
impersonate people and commit fraud (03 April 2021).
More...
Appointment to the Family Court of Australia
Judge Paul Anthony Howard has been appointed as a judge of
the Family Court of Australia. Judge Howard has been appointed to
the Brisbane registry and will commence on 6 April 2021. The
appointment of Judge Howard elevates him from his current position
as a judge of the Federal Circuit Court of Australia (FCC) (01
April 2021).
More...
Reappointment of Sex Discrimination Commissioner and Age
Discrimination Commissioner
Attorney-General Michaelia Cash congratulates Ms Kate
Jenkins and the Hon Dr Kay Patterson AO on their reappointment as
Commissioners of the Australian Human Rights Commission (01 April
2021).
More...
Appointment to the Federal Circuit Court of
Australia
Senior Registrar Colin Campbell, Ms Jennifer Howe and Mr
Jonathan Davis QC have been appointed as judges of the Federal
Circuit Court of Australia, commencing 6 April 2021 (01 April
2021).
More...
Mandated Check In Qld to aid contact tracing at pubs,
restaurants and cafes
The Palaszczuk Government's new COVID-Safe check-in
app will be mandated for most hospitality businesses across
Queensland from 1 May to assist with contact tracing efforts (31
March 2021). More...
Latest sentencing research tells it as it is
Latest research by the Queensland Sentencing Advisory
Council shows that while fewer Aboriginal and Torres Strait
Islander peoples are committing offences overall, those who are,
are more likely to receive a sentence of imprisonment (31 March
2021).
More...
New regulatory technology could apply to communications
and media sectors
An ACMA research paper has found advances in regulatory
technology, such as artificial intelligence (Al) , have application
in the Australian communications and media sectors in areas such as
compliance, reporting and risk management outcomes (30 March 2021).
More...
ALRC: New judicial impartiality background papers
released
Two new background papers for the review into judicial
impartiality have now been released (30 March 2021).
More...
'New look' for ALRC consultation documents
The ALRC has instigated a new approach to consultation
documentation to encourage greater engagement with a wider
cross-section of academics, the legal profession, and the community
(30 March 2021). More...
ICAC investigates alleged threats by state MP over
family property
The corruption watchdog will investigate whether NSW MP
John Sidoti made "threats" to councillors at Canada Bay
Council to pursue his personal interests (29 March 2021).
More...
In practice and courts
Law Council of Australia Submissions
31 March 2021— Law Council.
More...
Law Council update
The Law Council produces a fortnighly newsletter which
highlights the Law Council's important activities and advocacy.
View the latest edition here.
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. 7/2021, 6 April 2021.
More...
AustLII cyber law on the map
AustLII has announced the upcoming launch of the
Cyber Law Map, an annotated guide to Australian cyber-related
legislation and case law which is intended to be an evolving wiki
categorising cyber law and case information. The non-commercial
venture is to be launched on 25 March and will be freely available.
More...
AHRC: Independent review into Commonwealth parliamentary
workplaces
The Commission will not be investigating nor making
findings about individual allegations of bullying, sexual
harassment or sexual assault as part of the Review. The Commission
will report on its findings and recommendations in a report to be
tabled in Parliament in November 2021. The Terms of Reference
outline the scope of the Review in more detail.
More...
OAIC: Independent review of the Credit Reporting
Code
In April 2021, the Australian Information Commissioner and
Privacy Commissioner will tender for an independent review of the
Privacy (Credit Reporting) Code 2014 (the CR Code). This review is
an opportunity to explore how the CR Code is operating in practice.
More...
OAIC submissions and reports
Digital Advertising Services Inquiry – Interim
Report
1 April 2021 - Digital Advertising Services Inquiry –
Interim Report.
More...
OAIC: Independent review of the Credit Reporting
Code
In April 2021, the Australian Information Commissioner and
Privacy Commissioner will tender for an independent review of the
Privacy (Credit Reporting) Code 2014 (the CR Code). This review
is an opportunity to explore how the CR Code is operating in
practice.
More...
OAIC: Our FOI disclosure log
The information described in our disclosure log has been
released by the OAIC under the Freedom of Information Act 1982 (FOI
Act): updated 08 April 2021.
More...
ANAO Consultations
Due to table: April, 2021 Open for contribution
Administration of the National Bushfire Recovery Agency The
objective of this audit is to assess the effectiveness of the
National Bushfire Recovery Agency and its administration of the
National Bushfire Recovery Fund. Due to table: May, 2021 Open for
contribution -
Australian National University's Governance and Control
Frameworks - The objective of this audit is to examine the
effectiveness of the Australian National University's
governance and control frameworks.
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...
Finance and Public Administration Legislation
Committee
Data
Availability and Transparency Bill 2020 [Provisions] and Data
Availability and Transparency (Consequential Amendments) Bill 2020
[Provisions] report by Thursday, 29 April 2021
Operation and management of the Department of Parliamentary Services On 22 February 2021, the reporting date was extended to 19 May 2021
Legal and Constitutional Affairs Legislation
Committee
Judges'
Pensions Amendment (Pension Not Payable for Misconduct) Bill
2020 report by 5 April 2021
Queensland
Supreme Court - Queensland Courts are open and hearing
cases 01 Apr 2021
Jury trials resume Tuesday 6 April 2021; Arrangements for
the Magistrates Courts outlined in the Chief Magistrate's
notice to the profession issued on 29 March 2021 will continue
until 1 April 2021, save that registries and courthouses will be
open to members of the public, Refer to the new Protocol for civil
litigation in the Supreme Court from 6 April until further notice
More...
Courts
Filing
court documents, QEII Courts of Law 30 Mar 2021
Protocol
for Applications in the Supreme Court commencing 30 March 2021
until further notice 29 Mar 202
QAO Publications
Risk of underpayment of payroll
Advice: 8 April 2021 - There has been an increase in
entities across Australia facing payroll and remuneration
compliance issues. Some have resulted in material underpayments to
staff. More...
Responsibilities of ministers and public servants
regarding grants
Advice: 01 April 2021
In our recent report on Awarding of sport grants.
More...
Bills and papers
Queensland Law Reform Commission: A legal framework for voluntary
assisted dying—Review update, February 2021 |
Qld
Due to the size and complexity of the Commission's task,
the reporting date was altered to 10 May 2021
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
The University of Queensland Law Journal Vol. 40 No. 1
(2021):
Part of the Future': Family Law, Children's
Interests and Remote Proceedings in Australia during
COVID-19
Felicity Bell
Corrective Justice and Redress under Australia's Racial
Vilification Laws - Bill Swannie
Judicial Activism and Constitutional (Mis)Interpretation: A
Critical Appraisal
Johnny M Sakr and Augusto Zimmermann.
More...
PGPA Newsletter 66
Published Date 01 April 2021.
More...
New tech applications for regulatory outcomes:
occasional paper
ACMA: 30 March 2021
The paper highlights research showing Australia is third in the
world for the number of Regulatory Technology (RegTech) providers
based in the country, only behind the USA and UK.
More...
Own Motion Investigation into Services Australia's
Income Compliance Program
Commonwealth Ombudsman: 06 April 2021
The report makes nine recommendations focusing on communication,
remediation of debts, reviews of debts, and possible future
activities. The report also makes seven additional comments where
the issues raised no longer require action but provide lessons for
the future.
More...
Administration of Parliamentary Expenses by the
Independent Parliamentary Expenses Authority
ANAO No 33: 29 March 2021
The objective of this audit was to assess the efficiency and
effectiveness of the Independent Parliamentary Expenses
Authority's administration of parliamentary expenses.
More...
What's really at stake with vaccine passports
Elizabeth Renieris, Centre for International Governance
Innovation: 05 April 2021
In this article, the author suggests that rather than thinking
about vaccine passports as temporary and isolated public
health-related measures, we should view them as just one example of
how the pandemic is accelerating the rollout of digital identity
infrastructure across the world. More...
Criminal justice responses to child sexual abuse
material offending: a systematic review and evidence and gap
map
Australian Institute of Criminology: 08 April 2021
This report provides the world's first systematic review of
criminal justice responses to child sexual abuse material (CSAM)
offending. More...
Cases
Epic Games, Inc v Apple Inc (Stay
Application) [2021] FCA
338
PRIVATE INTERNATIONAL LAW – application for
permanent stay of proceedings alleging contraventions of
Competition and Consumer Act 2010 (Cth) ('CCA') Pt IV,
Australian Consumer Law ('ACL') s 21 – where
exclusive jurisdiction clause requires litigation relating to app
developer agreement to occur in Northern District of California
– where First Applicant has commenced proceedings against
First Respondent in Northern District of California alleging
contraventions of United States and Californian competition law
– whether Australian proceedings 'relate to'
agreement
PRIVATE INTERNATIONAL LAW – discretionary non-exercise of
jurisdiction – whether 'strong reasons' adduced
against grant of stay, considering Akai Pty Ltd v People's
Insurance Co Ltd [1996] HCA 39; (1996) 188 CLR 418 – whether
CCA Pt IV, ACL s 21 mandatory laws of the forum – where
parties agree courts in Northern District of California have
jurisdiction to hear claims under CCA and ACL – whether court
in Northern District of California would decline to exercise
jurisdiction on discretionary grounds – whether Akai places
onus on party arguing for stay to prove case will be heard by
foreign court
Matson and Attorney-General's Department (Freedom of
information) [2021] AATA
788
PRACTICE AND PROCEDURE – application for a
confidentiality order – application for release of documents
from implied undertaking – application for adjournment of
interlocutory proceedings – where documents are exempt from
production under s 33 of the Freedom of Information Act 1982
– where Tribunal cannot disclose material which may
ultimately be found to be an exempt document – where refusal
to make confidentiality order would obviate the purpose of
substantive application – confidentiality order granted
– where release from implied undertaking would have no
utility – release from implied undertaking refused –
application for adjournment refused
Administrative Appeals Tribunal Act 1975; Freedom of Information
Act 1982
Duck v Airservices Australia (No 3)
[2021] FCA 304
STATUTORY INTERPRETATION – application for costs
against non-party funder in industrial class action – whether
power to order costs against non-party – whether in the
exercise of discretion costs orders should be made against funder
– where the Court cannot make an ordinary costs order against
a party under s 43 of the Federal Court Act 1976 (Cth) because of s
570 of the Fair Work Act 2009 (Cth) – held: s 570 does not
prevent the Court from making a non-party costs order as provision
only applies to a party to proceedings
Gardner Industries Pty Ltd as trustee for the S M Gardner
Family Trust v Telstra Corporation Limited
[2021] FCA 294
COPYRIGHT – consideration of an application under s
115A of the Copyright Act 1968 (Cth) for orders requiring the
respondent carriage service providers to take steps to disable
access to online locations outside Australia
Copyright Act 1968 (Cth), s 115A
Egan
v North Goonyella Bodycorp Two [2021] QCAT
110
ADMINISTRATIVE LAW – ADMINISTRATIVE TRIBUNALS
– QUEENSLAND CIVIL AND ADMINISTRATIVE TRIBUNAL –
Dividing fence dispute – whether an existing fence is a
"sufficient dividing fence" – relevant
considerations in determining whether the existing fence is
sufficient, so as to require contribution between adjoining
owners
Queensland Civil and Administrative Tribunal Act 2009 Qld s 7, 11,
12, 13, s 20(1), 35, 36; Dividing Fences Act 1861 Qld Preamble, s
5, s 13
The Star Entertainment Qld Limited v Yew Choy
Wong [2021] QSC 67
PROCEDURE – STATE AND TERRITORY COURTS:
JURISDICTION, POWERS AND GENERALLY – GENERALLY – where
the defendant resides and has been served outside Australia –
where the defendant seeks an order that the proceeding be dismissed
or stayed or service be set aside pursuant to r 127 of the Uniform
Civil Procedure Rules 1999 (Qld) – whether the claim has
insufficient prospects of success to warrant putting the defendant
to the time, expense and trouble of defending it
PRIVATE INTERNATIONAL LAW – SERVICE OUT OF JURISDICTION
– GENERALLY – where the plaintiff commenced proceedings
in Singapore against the defendant in respect of the same damages
claimed in this proceeding – where the Singapore action was
dismissed by reason of a statutory bar – whether in light of
the Singapore action the present proceeding is vexatious or
oppressive
PROCEDURE – STATE AND TERRITORY COURTS: JURISDICTION, POWERS
AND GENERALLY – INHERENT AND GENERAL STATUTORY POWERS –
TO PREVENT ABUSE OF PROCESS – ATTEMPTS TO RELITIGATE –
where the plaintiff discontinued proceedings in this court against
the defendant before the defendant filed a defence
Ryle v Venables & Ors [2021] QSC
60
ADMINISTRATIVE LAW - JUDICIAL REVIEW - STANDING TO
INSTITUTE PROCEEDINGS - GENERALLY - where the applicant was
employed by the Department of Justice and Attorney-General - where
the applicant made a public interest disclosure in relation to a
bail program being run by the applicant's colleague, W - -
where the applicant made a complaint of reprisal contrary to the
Public Interest Disclosure Act 2010 - where the applicant made a
complaint of impairment discrimination contrary to the
Anti-Discrimination Act 1991 - where both complaints were made
after the statutory time limit had expired - where the complaint of
reprisal was accepted by the first respondent acting in her
function as the delegate of the Anti-Discrimination Commissioner -
where the complaint of impairment discrimination was rejected by
the first respondent acting in her function as the delegate of the
Human Rights Commissioner on the basis of it being out of time -
where the applicant sought judicial review of the decision to
reject the impairment discrimination complaint - whether the
applicant has made out one of the grounds of review.
Acts Interpretation Act 1954 Qld s 14A, s 14B; Human Rights Act
2019 Qld s 3, s 118
Judicial Review Act 1991 Qld s 4, s 7, s 20, s 23; Public Interest
Disclosure Act 2010 Qld s 11, s 40, s 41, s 42, s 43, s 44
Legislation
Commonwealth
Acts
Regulatory
Powers (Standardisation Reform) Act 2021
31/03/2021 - Act No. 32 of 2021 as made
Regulations
Public
Governance, Performance and Accountability (Financial Reporting)
Amendment (2021 Measures No. 1) Rules 2021
08/04/2021 - This instrument amends the Public Governance,
Performance and Accountability (Financial Reporting) Rule 2015 to
provide an inclusion of a reference to Division 4 of Part 2-3 of
the PGPA Rule, which came into effect during May 2020 to address
different scenarios that may arise following machinery of
government changes, requirements to ensure consistency across
Commonwealth
Taxation
Administration Amendment (Updating the List of Exchange of
Information Countries) Regulations 2021
01/04/2021 – This instrument amends the subsection
34(2) of the Taxation Administration Regulations 2017 to add nine
jurisdictions and remove one jurisdiction from the list of foreign
countries and foreign territories which are information exchange
countries.
Telecommunications
(Interception and Access) (Communications Access Co-ordinator)
Amendment Instrument 2021 (No. 1)
31/03/2021 – This instrument amends the Telecommunications
(Interception and Access) (Communications Access Co-ordinator)
Instrument 2019 to reflect changes due to Departmental
restructuring and a concurrent structural change.
High
Court of Australia (Building and Precincts—Regulating the
Conduct of Persons) Directions 2021
31/03/2021 - This instrument updates the Directions made
in 2010 by the Chief Executive and Principal Registrar pursuant to
subsection 19(2) of the High Court of Australia Act 1979. -
Directions in addition to powers contained in Court Security Act
2013 (Cth) and Court Security Regulation 2013 (Cth)
Commonwealth
Registers Rules 2021
30/03/2021 - These Rules prescribe additional functions
for the Registrars to enable the Registrars to carry out various
preparatory activities necessary for the transfer of registry
functions from the Australian Securities and Investments Commission
(ASIC) to the Commonwealth Registrars.
Queensland
Bills
Bills updated in the last week
Criminal Code (Consent and Mistake of Fact) and Other
Legislation Amendment Bill 2020
Stage reached: Passed with amendment on 25/03/2021 Assent Date:
7/04/2021
Act No: 7 of 2021 Commences: see Act for details The Bill aims to
implement the recommendations made by the Queensland Law Reform
Commission in its report
'Review of consent laws and the excuse of mistake of
fact'. The amendments seek to codify existing case law into
the Criminal Code itself
Child Protection and Other Legislation Amendment Bill
2020
Stage reached: Passed on 23/03/2021 Assent Date: 7/04/2021 Act No:
6 of 2021 Commences: see Act for details
The objectives of the Bill are to: enhance the approach to
permanency under the Child Protection Act 1999 and clarify the
importance of and promote alternative permanency options for
children subject to a child protection order granting long-term
guardianship to the chief executive.The Bill also includes a
technical amendment to the Adoption Act 2009 to allow the chief
executive of the Department of Children, Youth justice and
Multicultural Affairs to apply for final adoption orders for a
small number of children from overseas.
Acts Commencement
Electoral and Other Legislation (Accountability, Integrity
and Other Matters) Amendment Act 2020 (Qld)
The key policy objective of Chapter 2 is to improve the actual
and perceived integrity and public accountability of State
elections and ensure public confidence in State electoral and
political processes
Commencement: (1)Chapter 2 commences as follows— Chapter 2
commences as follows— (b)section 22, to the extent it inserts
new part 11, division 5, commences on 1 January 2022
Subordinate legislation reminder
No 144
Electoral Amendment Regulation 2020
5 Amendment of s 8 (Amount of policy development payment to which
eligible registered political party is entitled—Act, s 240)
(1)
Section 5 commences on 1 January 2022
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.