In the media
NT Government urged to act immediately to raise age of
criminal responsibility, other States should follow
The Law Council of Australia today urged the NT
Government to go beyond offering 'in-principle' support to
the NT Royal Commission's landmark recommendation to raise the
age of criminal responsibility from 10 to 12, calling for its
urgent adoption (02 March 2018).
More...
Palaszczuk Government Acts on Discrimination
The Palaszczuk Government will act quickly to remove a
discriminatory and outdated legal restriction that affects
Queenslanders who undertake gender reassignment (02 March 2018).
More...
Commencement of the Notifiable Data Breaches
Scheme
New rules around mandatory reporting of serious data
breaches come into effect from today. Entities subject to the
Privacy Act 1988 – including most Australian
Government agencies, businesses with an annual turnover of more
than $3 million, and specific categories of smaller businesses,
such as health providers – are now required to notify
individuals if their personal data has been involved in a serious
breach (22 February 2018).
More...
Retirement of the Australian Information Commissioner
and Privacy Commissioner
Mr Timothy Pilgrim PSM will retire as Australian
Information Commissioner and Privacy Commissioner on 24 March 2018.
The Government will soon be undertaking a merit-based selection
process to identify Mr Pilgrim's replacement (20 February
2018).
More...
In practice and courts
Law Council consults on Review of Australian
Solicitors' Conduct Rules
The Law Council is undertaking a review of the Australian
Solicitors' Conduct Rules. This is the first comprehensive
review of the Rules since they were first promulgated in June 2011.
The Law Council's Professional Ethics Committee has developed a
Consultation Discussion Paper for the Review and invites
comments and submissions on the issues raised and discussed. The
closing date for Submissions is 31 May 2018, which may be lodged here.
More...
Commonwealth Ombudsman Submissions
Commonwealth Ombudsman Submission to VRQA Guidelines for the
enrolment of overseas students aged under 18 years. 28 Feb
2018
This submission draws upon issues raised in complaints to our
Office and from our engagement with education providers and other
stakeholders, relating to student protection mechanisms for
overseas students aged under 18 years.
OAIC: Statement from the Privacy Commissioner
I am aware of media reports today alleging that staff in
gambling venues are sharing personal information on patrons. My
office is making inquiries to determine whether personal
information of individuals is being managed in accordance with the
Privacy Act 1988 (Privacy Act) (28
February 2018).
More...
OAIC Reminder: Notifiable Data Breaches (NDB)
scheme
Data breach notification became mandatory as of February
2018 for all Australian entities required to comply with the
Privacy Act 1988. All entities covered by the Australian
Privacy Principles will have clear obligations to report eligible
data breaches within 30 days. More...
Current Inquiries
Judiciary Amendment (Commonwealth Model Litigant
Obligations) Bill 2017
The Senate referred the Judiciary Amendment
(Commonwealth Model Litigant Obligations) Bill 2017 to the
Legal and Constitutional Affairs Legislation Committee for inquiry
and report by 8 May 2018. Submissions closed on is 28 February
2018. More...
The adequacy of existing offences in the Commonwealth
Criminal Code and of state and territory criminal laws to capture
cyberbullying
On 7 September 2017 the Senate referred the below matter
to the Legal and Constitutional Affairs References Committee for
inquiry and report by 29 November 2017. On 19 October 2017 the
Senate extended the committee's reporting date to the last
sitting day in March 2018. More...
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: New Investigations
CCC to investigate allegations of corruption relating to Gold Coast
City Council decision-making - 2 March 2018
Jamboree Heights man charged with Disclosure of a Confidential CCC
Notice - 1 March 2018
QLS: Data breach reporting regime reminder
On 22 February 2018 the federal government's data
breach reporting regime will commence, through amendments to the
Privacy Legislation. The regime is broad-reaching and will likely
effect most law firms-prudent practitioners will operate on the
basis that it applies to them.
More...
Confidentiality and disclosure of government
contracts
(Report 8: 2017–18) Tabled date 20 February
2018
While confidentiality provisions are required for government
to protect sensitive information for itself and its stakeholders,
inappropriate use can reduce transparency and public trust in
government. More...
Finalising unpaid fines
(Report 10: 2017–18) Tabled date 22 February
2018
Public sector entities issue fines to penalise people who
have deliberately or inadvertently broken the law, and to deter
them from committing similar offences. These people account for a
significant amount of outstanding fines debt owed to the state, and
enforcing this debt can be difficult and costly. More...
OAIC Queensland: Invitation to be inspired by
Queensland's Open data achievements
To celebrate International Open Data Day on 2 March, the
Open Data Institute is hosting a networking event that explores
Queenslanders' achievements in open data (22 February 2018).
More...
Published – articles, papers, reports
Data breach preparation and response
Office of the Australian Information Commissioner;
Government of Australia: 19 February 2018
This guide aims to assist you in developing and implementing
an effective data breach response. It outlines the requirements
relating to data breaches in the Privacy Act 1988 (Cth)
(Privacy Act), including personal information
security requirements and the mandatory data breach reporting
obligations of the Notifiable Data Breaches (NDB)
scheme. More...
Chronology of same-sex marriage bills introduced into
the federal parliament: a quick guide
Deirdre McKeown; Parliamentary Library (Australia):
15 February 2018
This Quick Guide (February 2018 update) 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.
More...
Statement of ministerial standards
Department of the Prime Minister and Cabinet
(Australia); Government of Australia: 15 February 2018
Ministers and Parliamentary Secretaries are entrusted with
the conduct of public business and must act in a manner that is
consistent with the highest standards of integrity and propriety.
The public, quite rightly, has high expectations of them, in terms
of their personal conduct and decorum. More...
Cases
Ekermawi
v Australian Human Rights Commission [2018]
FCA 166
ADMINISTRATIVE LAW – Statutory intervention –
Intervention by the Attorney-General of the Commonwealth of
Australia – Whether leave required to intervene.
Administrative Decisions (Judicial Review) Act 1977 (Cth)
s 18(1); Australian Human Rights Commission Act 1986 (Cth)
ss 46PH(1)(c), 46PH(2); Federal Court Act 1970 (Cth) s
37M(3); Federal Court Rules 2011 (Cth) r 9.12.
To the extent necessary, the Commonwealth Attorney-General be
granted leave to intervene in the proceedings under r 9.12 of the
Federal Court Rules 2011 (Cth).
Australian
Broadcasting Corporation and Department of Home Affairs (Freedom
of information) [2018] AICmr 24
Freedom of Information — Whether disclosure of
personal information is unreasonable — Whether contrary to
public interest to release conditionally exempt documents —
(CTH) Freedom of Information Act 1982 ss 11A(5) and
47F.
'OA'
and Department of Home Affairs (Freedom
of information) [2018] AICmr 22
Freedom of Information — Whether material
irrelevant to the request — Whether reasonable steps taken to
locate documents — Whether documents subject to legal
professional privilege — Whether disclosure would have a
substantial adverse effect on the proper and efficient conduct of
the operations of an agency — Whether disclosure of personal
information is unreasonable — Whether contrary to public
interest to release conditionally exempt do.cuments — (CTH)
Freedom of Information Act 1982 ss 11A(5), 22, 24A, 42,
47E(d) and 47F.
Australian
Associated Press Pty Ltd and Department of Home Affairs (Freedom
of information) [2018] AICmr 23
Freedom of Information — Whether disclosure could
cause damage to the international relations of the Commonwealth
— (CTH) Freedom of Information Act 1982 ss
33(a)(iii), 55D.
Steelforce Trading Pty Ltd v Parliamentary Secretary to the
Minister for Industry, Innovation and
Science[2018]
FCAFC 20
STATUTES – Customs Act 1901 (Cth) (the
Act) – Part XVB – special provisions
relating to anti-dumping duties – hollow steel sections
exported from China to Australia – review of anti-dumping
measures.
STATUTES – Customs (International Obligations)
Regulation 2015 (Cth) – ordinary course of trade –
determination of cost of production or manufacture –
determination of administrative, selling and general costs –
normal value of goods – determination of profit.
ADMINISTRATIVE LAW – whether denial of procedural fairness
or failure to follow procedures required by Act – whether
error of law in division of domestic sales of goods under
consideration into subsets – whether error of law in failure
to make adequate findings of fact before dividing goods into
subsets – whether error of law in failure to identify
'actual amounts realised' in determining profit from sale
of goods of the same general category of goods in the domestic
market of the country of export – whether error of law in
using benchmark price from third countries to determine cost of
production or manufacture of same general category of goods in
country of export – whether error of law in failure to adjust
benchmark price to reflect competitive advantages in country of
export.
Lock
the Gate Alliance Ltd v The Minister for Natural Resources and
Mines [2018]
QSC 021
ADMINISTRATIVE LAW – JUDICIAL REVIEW –
REVIEWABLE DECISIONS AND CONDUCT – REFUSAL OF REQUESTS FOR
REASONS – where the applicant environmental organisation
seeks a statement of reasons for a decision made under s 318AAV of
the Mineral Resources Act 1989 giving indicative approval
for the transfer of a mining lease relating to the Blair Athol coal
mine – whether the decision to give indicative approval is a
decision to which the Judicial Review Act 1991 applies
– whether the applicant is a person whose interests are
adversely affected by the decision such that it is entitled to
request a statement of reasons for the decision.
Legislation
Commonwealth
Legislation
(Deferral of Sunsetting—Jury Exemption Regulations)
Certificate 2018
26/02/2018 – This instrument defers the sunsetting
date of the Jury Exemption Regulations 1987 from 1 April
2018 to 1 April 2019.
Intelligence Services Amendment (Establishment of the Australian
Signals Directorate) Bill 2018
House of Representatives Third reading agreed to
28 Feb 2018
Amends: the Intelligence Services Act 2001 to:
establish the Australian Signals Directorate (ASD)
as an independent statutory agency within the Defence portfolio
reporting directly to the Minister for Defence; amend ASD's
functions to include providing material, advice and other
assistance to prescribed persons or bodies, and preventing and
disrupting cybercrime; require the Director-General of ASD to brief
the Leader of the Opposition about matters relating to ASD; and
give the Director-General powers to employ persons as employees of
ASD; and 18 Acts to make consequential amendments.
Australian Bill of Rights Bill 2017
HR Removed from the Notice Paper in accordance
with (SO 42) 27 Feb 2018
Seeks to give effect to certain provisions of the
International Covenant on Civil and Political Rights, the
International Covenant on Economic, Social and Cultural Rights and
the Convention on the Rights of the Child by: declaring an
Australian Bill of Rights; providing that any Commonwealth, state
or territory law that is inconsistent with the Bill of Rights is
invalid to the extent of the inconsistency; specifying that
Commonwealth, state and territory laws must be interpreted
consistently with the Bill of Rights; and providing the Australian
Human Rights Commission with a range of additional powers and
functions in relation to the rights and freedoms in the Bill of
Rights.
Electoral Amendment (Banning Foreign Political Donations) Bill
2017
HR Removed from the Notice Paper in accordance
with (SO 42) 27 Feb 2018
Amends the Commonwealth Electoral Act 1918 to:
prohibit the receipt of a gift which exceeds $1,000 by a political
party or candidate from a foreign person or a person who has not
provided a statutory declaration stating that they are not a
foreign person; provide that a gift received in these circumstances
is a debt owing to the Commonwealth and may be recovered by the
Commonwealth; and provide that a gift received in these
circumstances is not unlawful if it is returned within 30 days
after its receipt.
Crimes Amendment (National Disability Insurance Scheme—Worker
Screening) Bill 2018
House of Representatives Third reading agreed to 28
Feb 2018 - The amendments in this Bill would create an exception
for convictions of persons who work, or seek to work, with people
with disability in the National Disability Insurance Scheme
(NDIS) so that those convictions can be disclosed
to, and taken into account by, Commonwealth, State and Territory
agencies, to enable State and Territory worker screening units to
determine whether the person is suitable to work with people with
disability in the NDIS.
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.
