In the media

On The Spot Fines To Keep Victorians Safe
The Victorian Government is working to protect our health system and those at most risk of contracting coronavirus, with Victoria Police being given the power to issue on the spot fines of up to $1,652 for individuals and up to $9,913 for businesses who don't follow the rules (28 March 2020). More...

COVID-19 response from Australian privacy regulators
Privacy Commissioners and Ombudsmen around the country appreciate that individuals, organisations and government are facing significant challenges to stop the spread of COVID-19. The use of personal information is part of addressing this public health crisis (27 March 2020). More...

COVID-19: Important information for industry
The ACMA is responsible for protecting Australian industry, consumers and audiences in areas that remain vital at this time—such as the accuracy of news, management and the availability of support for consumers who may be experiencing or may otherwise be vulnerable (27 March 2020). More...

COVID-19 Emergency laws introduced to parliament to boost community safety
The NSW Government will introduce an emergency Bill to Parliament comprising a broad range of amendments to existing laws to help combat the spread of COVID-19 (24 March 2020). More...

Fair Work 'nudges' for better outcomes
President of the Commission, Justice Iain Ross said that applying behavioural insights to the Commission's public information and processes could help reduce the anxiety, stress and confusion that parties experienced when navigating the legal process in unfair dismissal cases (16 March 2020). More...

State Of Emergency for Coronavirus Extended To Save Lives
Police have strong powers to enforce these directions and can issue on the spot fines, including up to $1,652 for individuals and up to $9,913 for businesses. Under the State of Emergency people who don't comply could also be taken to court and receive a fine of up to $20,000 (12 April 2020). More...

Over 200 organisations outline human rights concerns at outset of COVID crisis
More than 200 not-for-profit and community organisations have backed a major report calling on the Australian Government to strengthen its commitment to human rights in its laws, policies and practices (09 April 2020). More...

Parliamentary scrutiny of Federal Government's COVID-19 response vital for democracy
The Human Rights Law Centre welcomed the Senate's vote to establish a cross-party Senate Select Committee to provide democratic oversight and scrutiny of the Morrison Government's response to the COVID-19 public health emergency (08 April 2020). More...

PS staff volunteer for virus response
Around 2,000 Australian Public Service (APS) staff have volunteered to be redeployed during the COVID-19 pandemic response. APS Commissioner, Peter Woolcott said that in the short term, the key priority was increasing capacity in areas critical to the delivery of services during the pandemic, specifically the Department of Health and Services Australia (06 April 2020). More...

New PS privacy guide for pandemic
Updated privacy guidelines for Departments and Agencies during the COVID-19 health crisis have been released by the Office of the Australian Information Commissioner (OAIC) (06 April 2020). More...

Restrictions On The Sale Of Firearms And Ammunition in Victoria
The sale of firearms and ammunition for sporting or recreational purposes will be temporarily banned, following deliberations by the National Cabinet. The new measures are designed to protect licensed firearm owners and dealers as well as the broader community (31 March 2020). More...

Special team to boost tracking and enforcement in bid to halt coronavirus
In an Australian first, the Palaszczuk Government will establish a dedicated team to boost tracking in the government's fight against coronavirus. Attorney-General and Minister for Justice Yvette D'Ath said the new enforcement unit has one purpose, and that's to protect public health - it will have strong powers and won't hesitate to use them (31 March 2020). More...

Covid safe: Australian government launches coronavirus tracing app amid lingering privacy concerns
Australians can now download the government's controversial coronavirus contact tracing app, Covidsafe, amid ongoing concerns about privacy of those using the app. The Health minister has published a determination that prevents the data being used for other purposes, including for law enforcement purposes or court orders, and the data must be held within Australia (26 April 2020). More...

Legislation to Support Jobs, Services and Victorians Passes
Emergency measures to support Victorians, save lives, protect businesses and jobs, and continue delivering vital government services during the coronavirus pandemic have passed Victorian Parliament. The four Bills enable Victoria to respond to the unprecedented challenges created by coronavirus on our healthcare system and our economy (24 April 2020). More...

LCA: Privacy protections must be built into COVID-19 tracking app
While the Law Council of Australia acknowledges the government's desire to improve the efficiency of COVID-19 contact tracing arrangements through the roll out of a tracing app, the privacy settings of any such app will require careful scrutiny, with many in the community understandably hesitant about the collection of their personal information by the government (20 April 2020). More...

Temporary emergency measures to manage coronavirus crisis
The Victorian Government will implement a range of temporary emergency measures to support Victorians and continue delivering the services we all rely on through the unprecedented challenges of the coronavirus crisis (21 April 2020). More...

OAIC takes stand over virus transparency
The Office of the Australian Information Commissioner (OAIC) has joined with its State and Territory counterparts to issue a public statement on the importance of transparency during the current Coronavirus pandemic (21 April 2020). More...

How these agencies are breaching patient privacy
Privacy experts have criticised Services Australia and AHPRA for sharing thousands of private health records every year without informing patients, a practice that appears to contradict the government's own guidelines (21 April 2020). More...

Organisations On Notice To Join National Redress Scheme
Victorian organisations Who do not sign up to the National Redress Scheme will risk losing government funding, under tough new sanctions introduced by the Andrews Labor Government (19 April 2020). More...

In practice and courts

Court Practice Directions

Federal Court of Australia
The Federal Court is conducting hearings using Microsoft Teams technology and has released: a special measures information note; and a practitioners' guide to the use of this technology.

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. 11/2020, 23 March 2020. More...

Victoria

Victoria Parliament: Update on parliamentary committee inquiries
Victorian parliamentary committees are continuing work on their various inquiries, but public hearings are being postponed for the time being in response to the Coronavirus disease (COVID-19) and in the interests of community health and safety. Updates on individual parliamentary committee inquiries will be provided on inquiry webpages as further information becomes available (26 March 2020).

IBAC Further update regarding Operation Sandon hearings
IBAC's Operation Sandon public hearings will be adjourned until further notice. IBAC Commissioner, The Honourable Robert Redlich QC he has decided to defer the public hearings at the end of session until further notice (17 March 2020). More...

Court Appointments
 Four New Appointments To The Magistrates' Court (03 March 2020).

Supreme Court of Victoria: Coronavirus information
If you have been impacted by COVID-19, and you are required to attend court soon, please notify the Prothonotary by emailing as soon as possible to discuss the options available to you (26 March 2020). More...

Supreme Court of Victoria: changes in response to COVID-19
The Supreme Court of Victoria is changing the way it operates in response to the coronavirus (COVID-19) pandemic. To ensure the Court can continue to deliver core and vital services during the coronavirus (COVID-19) pandemic, the Court is introducing a suite of changes to its processes and procedures. The following changes will come into effect the week beginning 23 March 2020 apply for the following Courts: Court of Appeal; The Commercial Court; The Common Law Division; Common Law Division; The Criminal Division; Mediations (20 March 2020). More...

New Jury Trials Suspended from Monday, 16 March
Victorian Supreme Court - The Courts have been closely monitoring the COVID-19 situation and preparing for any potential impacts on services. The Supreme Court and the County Court have decided to suspend all new jury trials from Monday, 16 March until further notice.

Law 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 (27 March 2020). More...

OVIC: Discussion paper published on Proactive and informal release of information in the Victorian public sector
The OVIC has published a discussion paper on Proactive and informal release of information in the Victorian public sector. OVIC will use this information to explore how it can better assist agencies to proactively and informally release information to the public (13 March 2020). More...

Consultation
Make a submission here. Submissions must be provided to OVIC Thursday 9 April 2020.

Consumer Affairs Victoria: Know your rights as Victoria adapts to coronavirus (COVID-19) - News alert
In response to increased enquiries, Consumer Affairs Victoria has compiled information about how the pandemic affects areas we regulate. A new page at consumer.vic.gov.au/coronavirusandrights covers: evictions; renters in crisis; inspections and auctions;owners corporation annual general meetings; products and services; price gouging and resellers; event cancellations and refunds; sports memberships; scams relating to coronavirus (COVID-19) (25 March 2020). More...

Practice Notes
Family Court of Australia and Federal Circuit Court of Australia, 2 of 2020 (31 March 2020). More...

OAIC: COVID-19 Privacy Guidance
The OAIC has released privacy guidance for agencies and private sector employers to help keep workplaces safe and handle personal information appropriately as part of the COVID-19 response. This includes answers to frequently asked questions. We've also issued detailed advice to help regulated entities assess the privacy risks involved in changed working environments (08 April 2020). More...

OAIC: COVID-19 response from Australian privacy regulators
As entities move fast to find solutions to public health and economic problems, Privacy Commissioners and Ombudsmen reiterate the value of conducting short-form Privacy Impact Assessments to help ensure personal information is handled in a way that is necessary, reasonable and proportionate (27 March 2020).

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. 12/2020, 6 April 2020. More...

Current Senate Inquiries
Select Committee on COVID-19. More...

Federal Circuit Court of Australia: Practitioner and litigant guide to virtual hearings and Microsoft Teams
This Guide is for proceedings conducted in the Family Court of Australia and the Federal Circuit Court of Australia (22 April 2020). More...

High Court of Australia: Practice Notes

Evidence by Affidavit
High Court of Australia, 3 of 2020 - This Practice Direction takes effect on 15 April 2020.
The Registrar may accept the filing of the affidavit signed by the deponent but not sworn or affirmed before a qualified witness on the understanding that, if required, the affidavit will later be sworn or affirmed when circumstances allow.

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. 13/2020, 20 April 2020. More...

Australian Bushfires Disaster Emergency Declaration — Understanding your privacy obligations
The Attorney-General has made the Privacy (Australian Bushfires Disaster) Emergency Declaration (No. 1) 2020 (the emergency declaration) under Part VIA of the Privacy Act 1988 (Cth) (Privacy Act). The emergency declaration was made in response to bushfires in Australia resulting in death, injury and property damage occurring from August 2019 into 2020.The emergency declaration expires on 20 January 2021.

Current Senate Inquiries
Select Committee on COVID-19. More...

Victoria

The Victorian Bar's Consolidated Guide to Victorian and Commonwealth Court Protocols in Response to COVID-19
 President of the Victorian Bar, launched the Victorian Bar's Consolidated Guide to Victorian and Commonwealth Court Protocols in Response to COVID-19 (08 April 2020).

The Supreme Court of Victoria is following State and Commonwealth government advice regarding coronavirus (COVID-19)
If you have been impacted by coronavirus, and you are required to attend court soon, please notify the Prothonotary by emailing prothonotary@supcourt.vic.gov.au as soon as possible to discuss the options available to you. More...

Court Appointments
08 April 2020 - New Deputy Chief Magistrate Appointed
Susan Wakeling as a Deputy Chief Magistrate.
07 April 2020 Former Commissioner Appointed To Represent Victims

Victorian Courts

Guidance for criminal proceedings affected by coronavirus
17 April 2020 - The following guidance is provided for those practising in the Criminal Division of the Supreme Court, including in the Court of Appeal, in the current coronavirus (COVID-19) environment.

Guidance for civil proceedings affected by coronavirus
15 April 2020 - The following guidance is provided for those practising in the Supreme Court including the Court of Appeal, Commercial Court, Common Law Division, Cost Court and Probate in the current coronavirus (COVID-19) environment.

Practice Notes

Notice to the Profession - Urgent Applications in the Commercial Court
Practitioners are advised that the Duty Judge of the Commercial Court continues to be available to hear urgent applications in accordance with existing procedures, which can be found on the Supreme Court website under 'Urgent Hearings' (16 April 2020). More...

Published – articles, papers, reports

Recommendations on privacy and data protection in the fight against COVID-19
In this paper, the authors provide privacy and data protection recommendations for governments to fight against COVID-19 in a rights-respecting manner (31 March 2020). More...

Australian government guide to Regulatory Impact Analysis
This guide has been prepared for every member of the Australian Public Service involved in policy making. It provides the context for regulation and encourages policy makers to think about potential impacts early in the policy process (30 March 2020). More...

Rapid implementation of Australian Government initiatives
This edition of audit insights outlines key messages from Auditor-General reports which have examined the rapid implementation of government initiatives. Topics covered include risk management, governance, resource mobilisation, accountability and program oversight in the context of rapid implementation (16 April 2020). More...

Report on the appointment of a person to conduct the financial audit of the Victorian Auditor-General's Office
VAGO: 23 April 2020. More...

Cases

One Tree Community Service Inc v United Voice (No 2) [2020] FCA 390
CONSTITUTIONAL LAW – Judicial power of the Commonwealth – exercise of arbitral power by Fair Work Commission under dispute resolution clause in enterprise agreement – consent needed for valid exercise of arbitral power - where enterprise agreement applies to new employer by operation of s 313 Fair Work Act 2009 (Cth) – whether new employer deemed to have consented to the dispute resolution clause – in circumstances where lack of consent would amount to an impermissible exercise of judicial power by the Fair Work Commission
INDUSTRIAL LAW – transfer of business under Part 2-8 of Fair Work Act 2009 (Cth) – whether new employer is bound by dispute resolution clause – where new employment contract included term which excluded operation of enterprise agreement – where no order sought under s 318 or s 320 to set aside or vary enterprise agreement

Morgan and Australian Building and Construction Commissioner [2020] AATA 651
FREEDOM OF INFORMATION - FREEDOM OF INFORMATION – access refused under s 24 (practical refusal reason) of the Freedom of Information Act 1982 – whether request would substantially and unreasonably divert resources of agency – whether reasons of applicant for request can be considered – no public interest in fulfilling request – decision affirmed. Freedom of Information Act 1982; s 11; s 11B; s 24; s 24AA; s 24AB; Part IV; s 42; s 47C
Judiciary Act 1903; Appendix B: The Commonwealth's Obligation to Act as a Model Litigant Workplace Relations Act 2006

Mulquiney v Reynolds & Anor (Ruling No 1) [2020] VSC 119
CIVIL PROCEDURE — Mode of trial — Where trial fixed for trial by jury — Where Court has suspended all new jury trials until further notice due to COVID-19 pandemic —Whether to dispense with jury and proceed as a cause or adjourn hearing for later jury trial — Where plaintiff had been granted an expedited hearing — Rule 47.02 of the Supreme Court (General Civil Procedure) Rules 2015 (Vic) — Birti v SPI Electricity [2011] VSC 566 considered - Civil Procedure Act 2010 (Vic) s 7 – Overarching obligation to facilitate just, efficient, timely and cost-effective resolution of the real issues in dispute – Trial to proceed as a cause.

Thomas v Victorian Building Authority [2020] VSC 150
JUDICIAL REVIEW AND APPEALS – Application for judicial review – Decision to refuse consent for application to surrender building registrations pursuant to s 173B of the Building Act 1993 (Vic) – Where disciplinary action on foot related to use of combustible cladding – Whether decision made for improper punitive purpose – Whether manifestly excessive – Grounds not established - Decision to issue a show cause notice under s 182 – Whether decision issued without jurisdiction – Whether Authority seeking to apply current form of legislation to acts occurring when a different regulatory regime in place – Whether liabilities or rights affected – Contrary intention appears in any event – Application dismissed – Building Act 1993 (Vic) ss 173B, 178, 179, 182, sch 8 cl 4 – Interpretation of Legislation Act 1984 (Vic) s 14(2).

EBT v Monash University (Review and Regulation) [2020] VCAT 440
Review and Regulation List – Freedom of Information Act 1982 (Vic), s 19 – Freedom of Information (Access Charges) Regulations 2014 (Vic), reg 6 and schedule items 1 and 7 – whether emails and other information stored electronically are available in discrete form in documents of the agency. The decision of the respondent to impose access charges, calculated under item 7 of the Schedule to the Freedom of Information (Access Charges) Regulations 2014 (Regulations), is set aside. The respondent is ordered to refund the sum of $658.87 to the applicant.

Roadshow Films Pty Limited v Telstra Corporation Limited [2020] FCA 507
COPYRIGHT – section 115A of the Copyright Act 1968 (Cth) – whether injunction should be granted requiring carriage service providers to take reasonable steps to disable access to online locations infringing or facilitating infringement of copyright – appropriate form of orders – injunction granted
Copyright Act 1968 (Cth) ss 14, 36(1), 103C, 115A, 120, 126
Copyright Amendment (Online Infringement) Act 2018 (Cth)
Federal Court Rules 2011 (Cth) rr 16.07, 22.04

Josh Taylor and Australian Charities and Not-For-Profits Commission (Freedom of information) [2020] AICmr 13
Freedom of Information —Whether disclosure would have a substantial adverse effect on the proper and efficient conduct of the operations of an agency — Whether contrary to public interest to release conditionally exempt documents — (CTH) Freedom of Information Act 1982 ss 11A(5) and 47E(d)

'RW' and Services Australia (Freedom of information) [2020] AICmr 12
Freedom of Information – Whether a practical refusal reason exists – Whether the request consultation process was followed – 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 and 55D

'RV' and Services Australia (Freedom of information) [2020] AICmr 11
Freedom of Information — Whether documents contain deliberative matter prepared for a deliberative process — Whether contrary to public interest to release conditionally exempt documents — (CTH) Freedom of Information Act 1982 ss 11A(5) and 47C (23 April)

CoINVEST Ltd v Citywide Service Solutions Pty Ltd [2020] VSC 190
JUDICIAL REVIEW – Whether an entity was an 'employer' (i.e. not a 'public statutory body' constituted under the law of the Commonwealth or State of Victoria) within the meaning of the Rules of the Construction Industry Long Service Leave Fund/Construction Industry Long Service Leave Act 1997 s 3 – Whether magistrate considered relevant factors – Whether magistrate provided adequate reasons for decision – Validity of notice issued under Construction Industry Long Service Leave Act 1997 s 10 – Local Government Act 1989 s 193.

Stewart v Owen [2020] VSC 175
ADMINISTRATIVE LAW – Appeal from decision of Victorian Civil and Administrative Tribunal – Whether Part IV of the Property Law Act 1958 confers jurisdiction to make declaration and order a co-owner to transfer his or her part interest in land to a co-owner – Whether correct legal test for imposition of constructive trust applied – Property Law Act s 225 & s 228 – Muschinski v Dodds [1985] HCA 78; (1985) 160 CLR 583 – Baumgartner v Baumgartner [1987] HCA 59; (1987) 164 CLR 137 – Miller v Martin [2020] VSCA 4 – Miller v Martin [2018] VSC 444 – Binns v Binns [2018] VCAT 759 – Pavlovich v Pavlovich (Real Property) [2012] VCAT 869.

Legislation

Commonwealth

Regulation

Prime Minister's direction under subsection 21(1) – 2020 (No. 1)
27/03/2020 - This instrument facilitates the most efficient and effective deployment of APS employees and expertise to meet the exceptional challenge posed by COVID 19 to Australian society - a task which has become the principal focus of APS endeavour.

Fair Work Commission Amendment (Miscellaneous Measures) Rules 2020
24/04/2020 - This instrument amends the Fair Work Commission Rules 2013. Part 3—Amendments to require declarations rather than statutory declarations

Victoria

Bills

Justice Legislation Amendment (Drug Court and Other Matters) Bill 2020
Date of second reading speech: 19 March 2020

Constitution Amendment (Fracking Ban) Bill 2020
Date of second reading speech: 18 March 2020

COVID-19 Omnibus (Emergency Measures) Bill 2020
Date of second reading speech: 23 April 2020
The purpose is to temporarily amend certain Acts, and to temporarily empower the making of regulations, to modify the application of the law in Victoria in certain respects for the purpose of responding to the COVID-19 pandemic. Chapter 2—Temporary modification of the law by regulation Part 2.1—Regulations temporarily modifying Justice Acts and laws

Appropriation (Interim) Bill 2020
Date of second reading speech: 23 April 2020
Secures $24.5 billion in emergency funding to save lives, support jobs and businesses, and set Victoria up to recover from the pandemic over the next two years

Appropriation (Parliament) (Interim) Bill 2020
Date of second reading speech: 23 April 2020
Provides funding for the ongoing operations of parliament and oversight bodies including IBAC.

Statutory Rules
Reminder: No 125 Supreme Court Admiralty Rules 2019
These Rules come into operation on 28 April 2020

Victorian legislation can be accessed here www.legislation.vic.gov.au

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.