In the media
Resources for family law courts urgently
needed
The Law Society of NSW welcomes the Federal Government's focus
on the Family Law Courts' ability to provide accessible and
affordable services to resolve family disputes. President of The
Law Society of NSW Pauline Wright said the Government's current
initiatives would not, however, ease the significant delays
currently experienced in the Family Law Courts in NSW or assist the
current judges to reduce the backlog of cases (08 December 2017) More...
Getting It Done: Implementing Key Youth Justice
Reforms
The Andrews Labor Government is investing $23.9 million in the
Children's Court to implement key youth justice reforms to
crack down on youth crime and keep the community safe. The funding
will allow the Children's Court to hire additional staff
including new magistrates, registry officers and court employed
convenors to support the state-wide delivery of the reforms (08
December 2017).
More...
IBAC investigation exposes $2 million TAFE training scam
and issues at V/Line
Victoria's anti-corruption Commission, IBAC, has unravelled a
multimillion dollar training scam that exploited oversight
weaknesses at two Victorian TAFEs: South West Institute of TAFE and
Bendigo Kangan Institute of TAFE (08 December 2017)
More...
National Compensation Scheme for victims of modern
slavery a watershed recommendation
The Law Council of Australia has unreservedly endorsed the
Parliamentary Committee recommendation to establish a National
Compensation Scheme for victims of modern slavery. The
recommendation is contained in the Joint Standing Committee on
Foreign Affairs, Defence and Trade report on reforming
Australia's response to modern slavery titled Hidden in Plain
Sight: An inquiry into establishing a Modern Slavery Act in
Australia (08 December 2017).
More...
Wrongs fixed for some copyright users
Referred to as 'safe harbour' provisions, the new rules
will ensure the sectors, including cultural institutions, will be
protected from legal liability as long as they take reasonable
steps to deal with copyright infringement by users of their online
platforms (08 December 2017).
More...
Key Legislation to Safeguard Australia's Critical
Infrastructure
Today I introduced into the Senate legislation to safeguard
Australia's critical infrastructure and enhance the capability
of the Critical Infrastructure Centre (08 December 2017).
More...
Compensation conundrum for abuse victims who go on to
offend
Under the Federal Government's national redress scheme, victims
of child sexual abuse who go onto commit sexual offences will not
be eligible for compensation (07 December 2017).
More...
Domestic violence rates fall for the first time in nine
years
For the first time in nine years, recorded incidents of domestic
violence related assault have fallen in NSW. The NSW Government has
introduced a raft of measures including Australia's first
dedicated police teams to target high-risk offenders, Plain English
Apprehended Violence Orders and body-worn cameras so police can
record victim statements that can be used as evidence in court (07
December 2017).
More...
Double punishment does not reduce crime
President of The Law Society of NSW Pauline Wright said while the
Society supports these efforts on a national basis, there were
serious concerns about the recent extension of continuing detention
orders in NSW, which are now proposed to be recognised nationally
(06 December 2017). More...
Assessment of complaints regarding Gold Coast Police
District matters
The CCC has now referred 19 matters involving corrupt conduct and
14 matters involving police misconduct to the QPS for further
investigation and appropriate action. In total, 15 officers were
involved in these matters. Due to the level of public interest in
this matter, the CCC has determined to provide an update on the
complaints and the assessment outcomes (05 December 2017).
More...
Government set to silence charities from participating
in election debates
Charities in Australia will be silenced from speaking publicly on
issues in an election, under law reforms announced by the
Australian Government (05 December 2017).
More...
Assistance to victims of the terrorist attack in London
on 15 September 2017
The Turnbull Government has declared the attack in London on 15
September 2017 at Parsons Green Station, as a 'terrorist
act' for the purposes of the Australian Victim of Terrorism
Overseas Payment (AVTOP) scheme (01 December
2017).
More...
Improving the native title system for all
Australians
The Turnbull Government is today releasing an options paper
considering how the native title system could be improved to better
support all stakeholders involved with native title. The options
paper considers reforms to the Native Title Act 1993 (Cth)
to make the native title system operate more effectively for all
Australians (29 November 2017).
More...
UN grills Australia over low age of criminal
responsibility
The UN expert committee on racial discrimination has demanded to
know why Australia is out of step with the rest of the world in
criminalising primary school aged children. All Australian states
and territories currently have laws that allow children as young as
ten years to be charged, brought before the courts, sentenced and
imprisoned (28 November 2017).
More...
New Court of Appeal Judge appointed
The Andrews Labor Government today announced the appointment of
Richard Niall QC as a Judge of the Court of Appeal. Mr Niall has
been the Solicitor-General for Victoria since 2015 (28 November
2017).
More...
In practice and courts
High Court of Australia
High Court of Australia Bulletin [2017] HCAB 09 (27 November 2017).
More...
OAIC: What the Notifiable Data Breaches scheme means for
schools
The Notifiable Data Breaches (NDB) scheme comes
into effect on 22 February 2018, and private schools and private
tertiary educational institutions across Australia will be required
to comply (06 December 2017).
More...
OAIC: Retailers mandatory data breach reporting
obligations from 2018
From 22 February 2018, retail businesses with an annual turnover of
$3 million or more, or that trade in personal information, will be
required to comply with the Notifiable Data Breaches
(NDB) scheme. It is important to understand your
obligations under the NDB scheme before commencement on 22 February
2018 — find out more, and start preparing for the scheme,
with our draft NDB
resources.
More...
The AAT Bulletin is a weekly publication containing a list of
recent AAT decisions and information relating to appeals against
AAT decisions:
Issue No. 49/2017, 4 December 2017
http://www.aat.gov.au/AAT/media/AAT/Files/AAT%20Bulletins/49-17.pdf
Issue No. 48/2017, 27 November 2017
http://www.aat.gov.au/AAT/media/AAT/Files/AAT%20Bulletins/48-17.pdf
Forces of Change – Defining Future Justice
Conference 2018
The Australasian Institute of Judicial Administration is pleased to
announce the Forces of Change – Defining Future Justice
Conference will be held at the Stamford Plaza Brisbane, Queensland
from 24 – 26 May 2018. More...
Queensland
CCC Corruption Prevention Strategy
This Prevention Strategy is intended to serve as a guide for the
CCC, partner law enforcement agencies, the public sector and the
general public, in tackling corruption in Queensland. Released
December 2017.
More...
CCC Australia's first criminal prosecution for
research fraud: a case study from The University of
Queensland
This report highlights the drivers, consequences and impact of
research misconduct and relevant prevention measures.
More...
CCC Corruption risks involving publicly funded research:
What you should know
This CCC publication focuses on the potential corruption risks and
system vulnerabilities in the Queensland government research
sector.
More...
Magistrates Court Practice Direction No. 8 of 2017
– Court Link
Practice Direction No. 8 of 2017 was issued by the Chief
Magistrate on 29 November 2017 to assist with the case management
of criminal matters commenced in the Queensland Magistrates Courts
where a Court Link program is available. Court Link is a 12-week
bail-based program for defendants. It replaces Queensland
Integrated Court Referrals (QICR).
QLS: Is it Ethical (or legal) for law firms to pay
cyber-ransom?
Our guidance on the subject concludes that, subject to some limited
exceptions and at this point in time, it is not inconsistent with a
solicitor's paramount duty to pay cyber ransom if necessary (08
December 2017).
More...
Changes to Sexual Assault Counselling
privilege
The
Victims of Crime Assistance and Other Legislation Amendment Act
2017 (VOCAOLA) amends a number of pieces
of legislation including the Evidence Act 1977 to
introduce protections for certain counselling communications (06
December 2017).
More...
Queensland Courts: draft Guidelines for expert evidence
in the Land Court
The draft
Guidelines for expert evidence in the Land Court are available
for consultation. The Guidelines outline both current and proposed
procedures for expert evidence in the Land Court of Queensland. The
Court invites constructive feedback on any aspect of its expert
evidence procedures whether current or proposed by Monday, 5
February 2018 (29 November 2017).
Version 3 of Uniform Civil Procedure Rules 1999 Form 104 - Affidavit of publication and service has been approved for use from 24 November 2017 and is available on the Forms page of the Queensland Courts website.
QLS: Court of Appeal two-monthly sitting
system
The Court of Appeal has proposed to adopt a system of two-monthly
sittings. Call-overs for the first of these sittings will be held
in November, with the first of the two-monthly sittings in February
and March 2018.
More...
Sentencing Council: Breach of bail offences on the
rise
The number of offenders
sentenced for breach of bail has more than doubled since 2005,
increasing year-on-year from 2008. A/Council Chair Professor Elena
Marchetti said: "While under Queensland law, a general
presumption exists in favour of granting bail for a defendant
awaiting their court hearing, there are exceptions."(29
November 2017).
More...
The Council will be reviewing sentencing for child homicide as outlined in a Terms of Reference from the Attorney-General and Minister for Justice Yvette D'Ath. The 12-month review will focus on sentencing for offences involving the unlawful death of a child. Key dates; open until 13 December 2017. More...
Call for preliminary submissions: Sentencing for child
homicide
Closing date: 24 December 2017. The sentencing Council are calling
for preliminary submissions on our review of
sentencing for child homicide. These preliminary submissions
will be used to inform our consultation paper, which will be
published in 2018. You will be able to make further submissions on
the review following the release of the consultation paper.
More...
QAO: Use of confidentiality provisions in government
contracts
The objective of this audit is to determine the extent and
appropriateness of the use of confidentiality provisions in
Queensland Government contracts. Tabling date is December 2017. More...
CCC Prosecutions
Hervey Bay Mayor charged with misconduct - 30 November
2017
Moranbah man charged with fraud – 28 November 2017
Published – articles, papers, reports
Operation Lansdowne special report December
2017
IBAC: 08 December 2017
This special report details the findings and recommendations of a
major IBAC investigation, Operation Lansdowne, into allegations of
serious corrupt conduct relating to South West Institute of TAFE
and Bendigo Kangan Institute of TAFE, and third-party
agreements.
Submission to the review of the Public Governance,
Performance and Accountability Act 2013
ANAO: 30 November 2017
The Australian National Audit Office provided a submission on 10
November 2017 to the statutory review of the Public Governance,
Performance and Accountability Act 2013 (PGPA
Act) and Public Governance, Performance and
Accountability Rule 2014 (PGPA Rule).
Digital rights
in Australia
Gerard Goggin, Ariadne Vromen, Kimberlee Weatherall, Fiona
Martin, Adele Webb, Lucy Sunman, Francesco Bailo; University of
Sydney: 27 November 2017
At a time when our use of digital technologies is increasingly
redefining aspects of our personal and professional lives, this
report explores urgent questions about the nature of our rights now
and into the future.
Overweight and
obesity in Australia: a birth cohort analysis
Australian Institute of Health and Welfare: 24 November
2017
Overweight and obesity is a major public health issue, second only
to tobacco smoking as a risk factor contributing to the burden of
disease in Australia.
Chronology of
same-sex marriage bills introduced into the federal parliament: a
quick guide
Deirdre McKeown; Parliamentary Library (Australia): 24 November
2017
This Quick Guide provides a chronological list of bills relating to
marriage equality introduced into the federal parliament, including
bills restored to the Notice Paper or reintroduced in a later
parliament.
'Report of the First Study Commission of Judges 2017:
threats to the independence of the judiciary and the quality of
justice: workload, resources, budgets and other
threats'
Justice R G Atkinson AO, Presentation to the International
Association of Judges International Conference, Santiago, November
2017.
Cases
Re Nash [No 2] [2017] HCA 52
Constitutional law (Cth) – Parliamentary elections –
Reference to Court of Disputed Returns – Where Court held
there was a vacancy in representation of New South Wales in Senate
– Where Court made directions for special count of ballot
papers to fill vacancy – Where orders sought following
special count that Ms Hollie Hughes be declared elected as senator
to fill vacancy – Where Ms Hughes nominated for election to
Senate at 2016 general election – Where Ms Hughes not
declared elected following polling for 2016 general election
– Where Ms Hughes appointed to Administrative Appeals
Tribunal one year after 2016 general election – Where Ms
Hughes resigned from that position upon Court holding there was a
vacancy in representation of New South Wales in Senate –
Where that position was "office of profit under the
Crown" within meaning of s.44(iv) of Constitution –
Whether holding position for that period rendered Ms Hughes
"incapable of being chosen" as a senator under s.44(iv)
of Constitution.
Constitutional law (Cth) – Parliamentary elections –
Reference to Court of Disputed Returns – Jurisdiction of
Court to determine whether a person sought to be declared elected
to fill a vacancy is disqualified under s.44 of Constitution.
PRIVACY - whether there was a breach of the National Privacy Principles – breach of National Privacy Principle 2.1 in August 2012 – no other breaches occurred – determination set aside. Privacy Amendment (Enhancing Privacy Protection) Act 2012 (Cth); Privacy and Personal Information Protection Act 1998 (NSW) ss 4, 8, 9, 18.
Adrian Wright and Department of Human Services (Freedom of
information) [2017] AICmr 127
Freedom of Information — Whether work involved in processing
the request would substantially and unreasonably divert the
resources of the agency from its other operations — (CTH)
Freedom of Information Act 1982 ss 24, 24AA, 24AB.
Paul Farrell and Australian Federal Police (No. 2) (Freedom of
information) [2017] AICmr 126
Freedom of Information — Information as to the existence of
certain documents — Documents affecting enforcement of law
— (Cth) Freedom of Information Act 1982 ss 25 and
37.
Construction, Forestry, Mining and Energy Union and Australian
Building and Construction Commission (Freedom of information)
[2017] AICmr 125
Freedom of Information — Whether documents subject to legal
professional privilege — Whether documents contain
deliberative matter prepared for a deliberative purpose —
Whether disclosure of personal information unreasonable —
Whether disclosure would prejudice the future supply of information
to the Commonwealth —Whether material in documents irrelevant
to the request — Whether contrary to the public interest to
release conditionally exempt documents — (CTH) Freedom of
Information Act 1982 ss 11A(5), 22, 42, 47C, 47F and
47G(1)(b).
Tasmanian Special Timbers Alliance Inc and Department of the
Environment and Energy (Freedom of information) [2017] AICmr
124
Freedom of Information — Charges — Request for waiver
of charge — Whether giving access to documents is in the
general public interest or in the interest of a substantial section
of the public — (CTH) Freedom of Information Act
1982 s 29.
Daniel v Townsville City Council [2017] QCAT
423
ADMINISTRATIVE LAW – ADMINISTRATIVE TRIBUNALS –
QUEENSLAND CIVIL AND ADMINISTRATIVE TRIBUNAL – where
applicants filed application for minor civil dispute – minor
debt – where dispute does not fall within definition of
"minor civil dispute" in Schedule 3 of the Queensland
Civil and Administrative Tribunal Act 2009 (Qld) –
whether tribunal has jurisdiction.
The Gresham Bar v Commissioner for Liquor and Gaming
Regulation [2017] QCAT 419
GAMING AND LIQUOR – ADMINISTRATION – LIQUOR LICENSING
– where ID scanning would cause inconvenience to the licensee
and to patrons – where patrons going for a smoke or to the
lavatory would need to be rescanned – where the licensee has
concerns about positioning the scanner in the light of fire
regulations – where ID scanning could increase crowding
outside the premises – whether the need to maintain the
integrity of the scanning regime outweighs these inconveniences and
concerns.
GAMING AND LIQUOR – ADMINISTRATION – LIQUOR LICENSING
– where, in the case of licensed premises providing adult
entertainment, patrons may be sensitive to personal data collection
– whether premises should be exempt for this reason. GAMING
AND LIQUOR – ADMINISTRATION – LIQUOR LICENSING –
where the Commissioner's guidelines are likely to need revision
– whether the tribunal can reach the correct and preferable
decision without reference to them.
Inbalance Motorbike Training Pty Ltd v Chief Executive, Department
of Transport and Main Roads [2017] QCAT 418
ADMINISTRATIVE LAW – ADMINISTRATIVE TRIBUNALS –
QUEENSLAND CIVIL AND ADMINISTRATIVE TRIBUNAL – review of
decision by respondent to cancel the approval of the applicant as a
Registered Service Provider under the Transport Operations
(Road Use Management) Act 1995 (Qld).
PROFESSIONS AND TRADES – LICENSING OR REGULATION OF OTHER
PROFESSIONS, TRADES OR CALLINGS – OTHER PROFESSIONS, TRADES
OR CALLINGS – cancellation of approval as registered service
provider for Q-Ride training.
D & V Hambling Pty Ltd as Trustee for D & V Hambling
Custodian Deed v Commissioner of State Revenue [2017] QCAT
415
ADMINISTRATIVE LAW – ADMINISTRATIVE TRIBUNALS –
QUEENSLAND CIVIL AND ADMINISTRATIVE TRIBUNAL – review of
decision by the Commissioner of State Revenue under the
Building Boost Grant Act 2011 (Qld) – whether
building work under the contract started before 1 May 2013 –
where contract subject to deed of variation – where building
work performed prior to deed of variation – where building
work performed prior to building approval.
Bristol Wattle Properties Pty Ltd and Australian Federal
Police (Freedom of information) [2017] AICmr
122
Freedom of Information — Whether work involved in processing
the request would substantially and unreasonably divert the
resources of the agency from its other operations — (CTH)
Freedom of Information Act 1982 ss 24, 24AA, 24AB.
The Australian and Prime Minister of Australia (Freedom of
information) [2017] AICmr 121
Freedom of Information — Whether disclosure of personal
information unreasonable — Whether disclosure would
unreasonably affect an organisation in respect of its lawful
business affairs — (CTH) Freedom of Information Act
1982 ss 47F, 47G.
Decision: Under s.55K of the Freedom of Information Act
1982 (the FOI Act), I set aside the decision
of the Prime Minister of Australia (the Prime
Minister) of 14 October 2016. I substitute my decision
that the documents are not exempt.
'NE' and Department of Human Services (Freedom of
information) [2017] AICmr 120
Freedom of Information — Whether reasonable steps taken to
locate documents — (CTH) Freedom of Information Act
1982 s.24A.
'ND' and Department of Human Services (Freedom of
information) [2017] AICmr 119
Freedom of Information — Charges — Whether charge
should be imposed — (CTH) Freedom of Information Act
1982 s.29.
'NC' and Australian Building and Construction
Commission (Freedom of information) [2017] AICmr
118
Freedom of Information — Whether work involved in processing
the request would substantially and unreasonably divert the
resources of the agency from its other operations — Whether
reasonable steps taken to locate documents — (CTH)
Freedom of Information Act 1982 ss 24, 24AA, 24AB and 24A
– set Aside the decision.
Dan Conifer and Department of the Prime Minister and Cabinet
(Freedom of information) [2017] AICmr 117
Freedom of Information — Incoming government brief prepared
for party that formed government — Whether document contains
deliberative matter prepared for a deliberative process —
Whether contrary to the public interest to release conditionally
exempt document. (CTH) Freedom of Information Act 1982 ss
11A(5) and 47C – set aside the decision.
Paul Farrell and Department of Immigration and Border
Protection (Freedom of information) [2017] AICmr
116
Freedom of Information — Whether work involved in processing
the request would substantially and unreasonably divert the
resources of the Department from its other operations – (CTH)
Freedom of Information Act 1982 ss 24, 24AA, 24AB.
Under s 55K of the Freedom of Information Act 1982 (the
FOI Act), I set aside the decision of the
Department of Immigration and Border Protection (the
Department) of 18 April 2017. I substitute my
decision that a practical refusal reason does not exist.
Ben Fairless and Minister for Immigration and Border
Protection (Freedom of information) [2017] AICmr
115
Freedom of Information — Whether reasonable steps taken to
locate documents — (Cth) Freedom of Information Act
1982 ss 24A, 55D.
Under s.55K of the Freedom of Information Act 1982 (the
FOI Act), I set aside the decision of the Minister
for Immigration and Border Protection (the
Minister) of 2 November 2016. The Minister has not
established that a decision refusing the applicant's request on
the grounds that documents cannot be found or do not exist is
justified.
Ng
v Attorney-General [2017] FCA 1392
ADMINISTRATIVE LAW – application for judicial review of
decision by delegate of Attorney-General to refuse to make order
under s.19APA(1)(d) of Crimes Act 1914 (Cth) to amend
terms of release on licence from prison – transfer of
prisoner from China to Australia – alleged breach of natural
justice (Ground A) – alleged error of law due to improper
construction of ss 19AP and 19APA of Crimes Act 1914 (Cth)
(Ground B) – alleged adoption of rule or policy without
regard to individual merits of case (Ground C) – alleged
failure to carry out statutory task (Ground D) – alleged
regard to irrelevant consideration (Ground E) – whether
memorandum to delegate formed part of delegate's reasons
– whether letter from delegate regarding licence conditions
constituted application of policy without regard to individual
merits of case – held: memorandum did not constitute any part
of delegate's reasons – held: no application of policy
without regard to individual merits of case – held: no basis
to conclude that Chinese sentence was disproportionate –
held: no breach of procedural fairness – held: application
dismissed on all grounds.
Malek Fahd Islamic School Limited v Minister for Education and
Training (No 2) [2017] FCA 1377
ADMINISTRATIVE LAW – judicial review of a decision of a
delegate of the Minister for Education and Training to delay making
further payments of financial assistance to New South Wales in
respect of a school – where delegate voluntarily provided a
detailed statement of reasons for her decision – whether
delegate failed to take into account a mandatory relevant
consideration in the exercise of her power under s 110(1)(c) of the
Australian Education Act 2013 (Cth), being the effect of delaying
the payments on students at the school. Held: delegate's
decision set aside with effect from 6 April 2017; respondent to pay
applicant's costs.
Robinson v Transport for NSW; Robinson v Roads and Maritime
Services [2017] NSWCATAD 353
GOVERNMENT INFORMATION – Review of implicit decision that
agency does not hold information – Inadvertent disclosure of
information to which access had been refused by agency –
Relevance of inadvertent disclosure to conduct of review by
Tribunal – Whether inadvertent disclosure constituted
decision to grant access to information - Cabinet information claim
– Whether reasonable grounds for claim – Whether
certain documents prepared for the purpose of submission to Cabinet
– Whether certain documents would reveal or tend to reveal
information concerning any of Cabinet deliberations or decisions
– Whether certain documents reveal or tend to reveal the
position of a particular Minister on a matter in Cabinet - Whether
Tribunal may decide to provide access to part of a document
containing Cabinet information but not to the remainder of the
document – Legal professional privilege – Whether
confidential communications prepared for dominant purpose of lawyer
providing legal advice to a client – Whether privilege waived
by inadvertent disclosure to applicant – Applicable
principles – Whether privilege waived by the provision of
advice by a Department to a statutory corporation – Whether
RMS is client of in-house solicitor providing advice - Where legal
staff in RMS are employed by the Government of NSW - Meaning of
"client" in the Evidence Act.
Shoebridge v Department of Education [2017] NSWCATAD
343
ADMINISTRATIVE LAW – access to information – reviewable
decisions – public interest considerations – personal
information – legitimate business interests.
Pryszlak v Workers' Compensation Regulator [2017] QSC
286
ADMINISTRATIVE LAW – JUDICIAL REVIEW – GROUNDS OF
REVIEW – IRRELEVANT CONSIDERATIONS – where the
applicant applied to the respondent for an extension of the time to
apply for a review – where the respondent has a statutory
power to grant an extension of time if "special
circumstances" exist – where the respondent refused that
application – where the applicant applies to this Court for a
statutory order of review of the respondent's decision –
where the applicant submits the respondent improperly exercised
their power by taking into account irrelevant considerations
– whether irrelevant considerations were taken into
account.
ADMINISTRATIVE LAW – JUDICIAL REVIEW – GROUNDS OF
REVIEW – RELEVANT CONSIDERATIONS – where the applicant
applies to this Court for a statutory order of review of the
respondent's decision to refuse him an extension of time
– where the applicant submits the respondent failed to take
into account relevant matters – whether the decision was an
improper exercise of the relevant power in failing to take into
account relevant considerations. ADMINISTRATIVE LAW –
JUDICIAL REVIEW – GROUNDS OF REVIEW – ERROR OF LAW
– where the applicant submits the respondent's decision
to refuse an extension of time involved an error of law –
where the decision maker restricted her consideration of whether
special circumstances exist by reference to the notion that they
must justify the extension – whether the respondent's
decision involved an error of law.
ADMINISTRATIVE LAW – JUDICIAL REVIEW – GROUNDS OF
REVIEW – OTHER CASES – where there is a complaint that
the respondent, in reaching its decision, exercised a discretionary
power in accordance with a rule or policy without bringing into
account the merits of the review – whether the respondent
considered and had regard to the merits of the case in reaching its
decision.
Legislation
Commonwealth
Copyright Amendment (Service Providers) Bill
2017
The Copyright Amendment (Service Providers) Bill 2017 (the
Bill) extends the operation of the safe harbour
scheme and will limit remedies available against carriage service
providers in Division 2AA of Part V of the Copyright Act
1968 (the Act) to a broader range of service
providers in the disability, educational and cultural sectors.
Progress: Senate Introduced and read a first time 06/12/2017;
Second reading debate 06/12/2017.
Communications Legislation Amendment (Online Content Services
and Other Measures) Bill 2017
The Bill will establish a legislative framework that can be used to
apply gambling promotions restrictions to 'online content
services' providers and provide the ACMA with the power to (if
directed by the Minister ) determine program standards about
gambling promotional content. Progress: Senate Introduced and read
a first time 06/12/2017; Second reading debate 06/12/2017.
Marriage Amendment (Definition and Religious Freedoms) Bill
2017
Amends the: Marriage Act 1961 to: redefine marriage as
'a union of two people'; introduce non-gendered language so
that the requirements of the Act apply equally to all marriages;
enable same-sex marriages that have been, or will be, solemnised
under the law of a foreign country to be recognised in Australia;
amend the definition of 'authorised celebrant' to include
new categories of religious marriage celebrants and certain
Australian Defence Force officers; enable ministers of religion,
religious marriage celebrants, chaplains and bodies established for
religious purposes to refuse to solemnise or provide facilities,
goods and services for marriages on religious grounds; and make
amendments contingent on the commencement of the proposed Civil
Law and Justice Legislation Amendment Act 2017; and Sex
Discrimination Act 1984 to provide that a refusal by a minister of
religion, religious marriage celebrant or chaplain to solemnise
marriage in prescribed circumstances does not constitute unlawful
discrimination. Progress: House of Representatives Second reading
agreed to 07/12/2017 Consideration in detail debate 07/12/2017.
Marriage
Amendment (Definition and Religious Freedoms) Act
2017
Act No. 129 of 2017 – Date of assent: 08/12/2017 - An Act to
amend the law relating to the definition of marriage and protect
religious freedoms.
Regulations
Privacy
Amendment (Permitted Disclosures—Energy and Water Utilities)
Regulations 2017
04/12/2017 – This regulation amends the Privacy Regulation
2013 to permit the disclosure of credit information by energy and
water utilities in the Australian Capital Territory until 1 January
2019.
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.
