In the media

OAIC: Email highlighted as a key risk for data breaches
Malicious or criminal attacks including cyber incidents remain the leading cause of data breaches involving personal information in Australia, with almost one in three breaches linked to compromised login credentials, a new report shows (28 February 2020). More...

Victoria to have a legislated spent convictions scheme
The Andrews Labor Government has committed to introduce a legislated spent convictions scheme to ensure old criminal records for eligible offences do not impact on an individual's opportunity to gain employment and rehabilitate (27 February 2020). More...

Prison is no place for 10 year olds: Australian governments told
Chief law-makers in Australia must promote the rights of children with a commitment to raise the age at which children can be locked up, the Human Rights Law Centre has told a Working Group tasked to consider the age of legal responsibility (27 February 2020). More...

Prime minister's department broke the law delaying FOI request, watchdog finds
The prime minister's department broke the law by inexplicably delaying a freedom of information request about allegations the former public service commissioner improperly aided the right wing Institute of Public Affairs (27 February 2020). More...

Consumer Data Right privacy guidelines released
Guidelines for business on how to safeguard consumers' privacy under the Consumer Data Right have been released by the Office of the Australian Information Commissioner (24 February 2020). More...

LCA: Independent checks on de-encryption powers needed
Law Council President Pauline Wright said the absence of judicial review of the powers of law enforcement and intelligence agencies to access encrypted data will erode social licence for the use of these powers and undermine reasonable expectations of confidentiality and privacy (19 February 2020). More...

AFP sensitive investigation review released
The Australian Federal Police (AFP) has released a report on a recent review of its handling of sensitive investigations. At the centre of the Review's findings was a definition of 'sensitive investigation' and a key structural and governance change to create an escalation model for the AFP to better manage sensitive investigations (17 February 2020). More...

New guidelines to combat gendered violence at work
Employers turning a blind eye to gendered violence are on notice, with the Andrews Labor Government introducing new guidance to help eradicate this unacceptable behaviour from Victorian workplaces (13 March 2020). More...

Contingency fees opposed by Law Council
Enabling lawyers to hold a direct financial interest in the outcome of their client's case creates a serious risk of compromising a practitioner's fundamental ethical obligations to the court and their clients, the Law Council of Australia has warned. At a recent board meeting of the Law Council, directors resolved to oppose contingency fees as a matter of principle (13 March 2020). More...

AFP disclosure regarding ACT Policing's access to telecommunications data
The Commonwealth Ombudsman, acknowledges the AFP's announcement of compliance issues it has identified affecting ACT Policing's handling of requests for certain types of telecommunications data. The Ombudsman has made suggestions to the AFP to ensure that it comprehensively examines the extent to which specific legislative provisions in force at the relevant times were breached, and their implications (11 March 2020). More...

Sex discrimination commissioner launches Respect@Work report of the National Inquiry into Sexual Harassment in Australian Workplaces
Sex Discrimination Commissioner has launched Respect@Work, the Australian Human Rights Commission's report of the National Inquiry into Sexual Harassment in Australian Workplaces 2020. Through a package of 55 recommendations, Respect@Work proposes a new approach for government, employers and the community to better prevent and respond to sexual harassment in the workplace (05 March 2020). More...

Commonwealth needs to stop playing politics with vulnerable Victorians, Law Institute of Victoria says
Vulnerable people attending court are missing out on support and legal assistance while the Federal and State Governments squabble over who is responsible for funding, according to the Law Institute of Victoria (05 March 2020). More...

Protecting emergency workers from harm
It will be even harder for people who assault emergency workers to use "special reasons" to avoid a jail term under new laws introduced into Parliament. The Sentencing Amendment (Emergency Worker Harm) Bill 2020 will require courts to impose a sentence of imprisonment in all cases where an offender recklessly or intentionally injures an emergency worker on duty (03 March 2020). More...

Emails blamed for data breaches
The Office of the Australian Information Commissioner has announced that almost one in three data breaches in Australia have been linked to compromised login credentials, in her latest report Notifiable Data Breaches Report. View the Commissioners Report at this PS News link (02 March 2020). More...

In practice and courts

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. 7/2020, 24 February 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.

OAIC: CDR Privacy Safeguard Guidelines RSS feed
The Privacy Safeguard Guidelines outline how the Information Commissioner will interpret and apply the privacy safeguards when exercising the functions and powers relating to the privacy safeguards under Part IVD of the Competition and Consumer Act 2010 (Competition and Consumer Act), which establishes the Consumer Data Right (CDR) (24 February 2020). More...

AHRC: New national guide on powers of attorney
You Decide Who Decides, funded by the Australian government, sponsored by the Australian Guardianship and Administration Council and developed by the Victorian Public Advocate, is a national resource which identifies differences between the law across the country. Information about where to find the form in different states and territories and a list of other useful websites is included at the back. It can also be downloaded from the Australian Guardianship and Administration Council (25 February 2020). More...

Court Appointments

New County Court judge appointed
The Andrews Labor Government has announced the appointment of Fran Dalziel as a judge of the County Court. Ms Dalziel was admitted to legal practice in the Supreme Court of Victoria and the High Court of Australia in 2001 (20 February 2020). More...

New appointment to the Magistrates' Court
The Andrews Labor Government has announced the appointment of Kristen Rose to the Magistrates' Court of Victoria (18 February 2020). More...

Coronavirus (COVID-19) precautions at Courts and Tribunals
The Federal Court of Australia, the Family Court of Australia and the Federal Circuit Court have this week issued notices directed at minimising the spread of the virus in the community (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. 9/2020, 9 March 2020. More...

Law Council of Australia submissions
02 March 2020— Law Council. More...
02 March 2020— Law Council. More...

Legal Services Council newsletter - Issue 1
Click here to view issue 1 for 2020 of the Legal Services Council newsletter.

ANAO performance audits in progress
Due to table: June, 2020; Open for contribution
Administration of financial disclosure requirements under the Commonwealth Electoral Act
Due to table: June, 2020 Open for contribution
Management of the Australian Government's Register of Lobbyists — follow-up

Victoria

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

Supreme Court of Victoria: Coronavirus information
13 March 2020 - The Supreme Court of Victoria is operating as usual and closely following State and Commonwealth government advice regarding the coronavirus disease (COVID-19). More...

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 (fortnight ending 13 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. Read the discussion paper Proactive and informal release of information in the Victorian public sector or download the PDF (13 March 2020).

Inquiry into nti-Vilification Protections - public hearing
The Legislative Assembly Legal and Social Issues Committee will be holding its next public hearing for its Inquiry into anti-vilification protections on 25 March 2020 in East Melbourne. More...

Published – articles, papers, reports

Face to face with digital exclusion
Citizens Advice Bureau: 27 February 2020
The report highlights the challenges faced by people across a broad range of demographics and the barriers they encounter when dealing with government services online. It highlights that 'digital' is not always best and that retaining 'human' services is a critical part of ensuring that wellbeing is supported and enhanced. More...

Impact of changes to service delivery models on the administration and running of government programs
Senate Legal and Constitutional Affairs References Committee
Parliament of Australia: 27 February 2020
This report recommends that the Australian government assess all current and future proposals for outsourcing government services against a 'public interest test', which includes flow-on economic and employment impacts. More...

Notifiable Data Breaches report
OAIC: 28 February 2020
The report warns organisations about the risks associated with storing sensitive personal information in email accounts. More...

Administration of financial disclosure requirements under the Commonwealth Electoral Act
The objective of this audit is to examine the effectiveness of the Australian Electoral Commission's (AEC's) management of financial disclosures required under Part XX of the Commonwealth Electoral Act 1918, including the extent to which the AEC is achieving accurate and complete financial disclosures.
Due to table: June, 2020 Open for contribution. More...

Australian government procurement contract reporting update
Australian National Audit Office: 11 March 2020
This information report seeks to provide greater transparency on procurement activity in the Australian public sector. The report is presented in a variety of ways, including tables and figures, publicly available data from public sector procurement activity recorded in AusTender. More...

Cases

Nolan v Commissioner of Police [2020] NSWCATAD 66
ADMINISTRATIVE LAW – Freedom of Information Government Information (Public Access) Act – GIPA – sufficiency of search – scope of access request

Gebrehiwot v McCutcheon [2020] VSC 109
JUDICIAL REVIEW AND APPEALS – appeal from Magistrates' Court pursuant to s 272(1) of Criminal Procedure Act 2009 (Vic) – decision of Fines Victoria to cancel enforcement of an infringement notice following review – written notice of cancellation served on Victoria police – decision of Victoria Police to commence proceedings – whether proceedings commenced within applicable time limit under ss 38 and 39 of the Fines Reform Act 2014 (Vic) – appellant's construction gives no practical effect to s 39 – proceeding commenced within time – appeal dismissed – R v A2 [2019] HCA 35; (2019) 93 ALJR 1106; Project Blue Sky Inc v Australian Broadcasting Authority (1998) 194 CLR 355 applied.

Legislation

Commonwealth

Statute Update (Regulations References) Bill 2020
Finally passed both Houses 27/02/2020 - Amends 10 Acts to: replace references to specific provisions of regulations with more general means of identifying the provisions, so that the correct links between the contents of regulations and Acts will remain even if the regulations are remade, renamed or renumbered; and make consequential amendments.

Victoria

Bills

Passed the Assembly (will now go to the Council) – 24 February 2020
Justice Legislation Miscellaneous Amendments Bill 2019

Passed Parliament (will now go to the Governor for royal assent) – 24 February 2020
Gender Equality Bill 2019

Sentencing Amendment (Emergency Worker Harm) Bill 2020
Date of second reading speech: 4 March 2020
Changes sentencing guidelines for offences committed against emergency service workers, and requires all offences committed against emergency service workers that have a statutory minimum sentence to be determined by the County Court or Supreme Court (not the Magistrates' Court)

Passed the Assembly (will now go to the Council) - 03 March 2020
Crimes Amendment (Manslaughter and Related Offences) Bill 2020

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.