In the media

Australian media to bargain with tech giants for payment if new ACCC mandatory code is adopted
Australian news publishers will be able to bargain with Google and Facebook for fair payment for news content if the mandatory code released by the industry watchdog is adopted (31 July 2020). More...

ALRC: Defamation – a nationwide conversation on law reform
An initial survey of the audience revealed that most participants felt that social media and other emerging 'publication' technologies were the main reason that defamation law requires further reform. Just over a quarter of participants suggested that defamation law is in need of a comprehensive overhaul (31 July 2020). More...

Rapid detection, assessment and notification critical in data breaches
An increase in data breaches caused by ransomware attacks and impersonation is among the key findings in the latest statistics report from the Office of the Australian Information Commissioner (31 July 2020). More...

National cabinet deliberations may not be exempt from FoI, legal advice says
Deliberations of the national cabinet may not be exempt from freedom of information disclosures as the Morrison government claims, according to legal advice obtained by a major environment group (30 July 2020). More...

Australian PM's department refuses to release Covid-19 commission documents
Freedom of information requests related to the body that's guiding economic recovery have been refused or heavily redacted. Critics say the freedom of information requests show two things: a significant lack of transparency surrounding the commission's deliberations, and significant gaps in the usual governance, policy and procedures that public servants work under (30 July 2020). More...

HRLC: Masks, COVID-19 and human rights
The Victorian Government is requiring people in Melbourne and the Mitchell Shire to wear a face covering or mask when leaving their home to help stop the spread of COVID-19. This explainer seeks to debunk claims that the requirement breaches people's human rights (29 July 2020). More...

ACMA moves to protect Australians from phone scams
The ACMA launched the next phase of its action plan to combat scams, unveiling a suite of new resources designed to help Australians protect themselves on their home and mobile phones from scams (29 July 2020). More...

ACMA frowns at uncooperative telcos
The Australian Communications and Media Authority (ACMA) has issued formal warnings to four telecommunications companies (telcos) for failing to join the Telecommunications Industry Ombudsman (TIO) Scheme as required (27 July 2020). More...

Nationally consistent power of attorney laws key to mitigating elder abuse
Enhancing protections relating to the use of enduring power of attorney instruments (EPOAs) is a welcome priority for the Council of Attorneys-General and significant focus should be given to creating nationally consistent laws, according to the Law Council of Australia (24 July 2020). More...

Appointment of Deputy Commonwealth Ombudsman
The Morrison Government congratulates Penny McKay on her five-year appointment as a Deputy Commonwealth Ombudsman (24 July 2020). More...

Pandemic prompts surge in PS scammers
The Australian Competition and Consumer Commission (ACCC) has reported that scams impersonating Government Agencies are on the rise. Scammers are increasingly taking advantage of the financial difficulties and uncertainty generated from the COVID-19 pandemic to trick unsuspecting Australians (23 July 2020). More...

Global privacy expectations of video teleconference providers
Data protection and privacy authorities from around the world have published an open letter to video teleconferencing companies, reminding them of their obligations to comply with the law and handle people's information responsibly (22 July 2020). More...

ACSC backs call for cyber cease
A joint statement from the Australian Cyber Security Centre (ACSC), the Department of Foreign Affairs and Trade (DFAT), and the Department of Home Affairs says the Joint Advisory made clear that cyber actors were conducting an ongoing campaign against Government, diplomatic, healthcare and other targets to steal intellectual property (20 July 2020). More...

Copyright reforms to better support the digital environment
The Morrison Government is moving ahead with copyright reforms which will set up a scheme to allow the use of material if the copyright owner cannot be found, introduce a fair dealing exception for non-commercial quotation, simplify and update copyright exceptions for educational and cultural institutions, and streamline the government statutory licensing scheme (13 August 2020). More...

Combatting modern slavery in construction and property industry
The first of five industry-specific guides to help Australian businesses combat modern slavery has been released as part of a collaboration between the Australian Human Rights Commission and KPMG Australia (14 August 2020). More...

Disability accesses public transport ticket
The Australian Human Rights Commission (AHRC) has released new guidelines for public transport operators, setting out standards for ensuring people with disability enjoyed 'equivalent access' when using transport services (03 August 2020). More...

River water report rocks the boat
Water markets in the Murray-Darling Basin need major changes to allow for open, fair and efficient water trading, according to a new interim report from the Australian Competition and Consumer Commission (ACCC) (03 August 2020). More...

In practice and courts

The Online Register for Modern Slavery Statements
The register will act as a central website for statements from thousands of large businesses required to comply with the Government's landmark Modern Slavery Act 2018 (30 July 2020). More...

ACMA: Phone Scams
Resources to spot and protect yourself from phone scams (31 July 2020). More...

ACMA position paper: Misinformation and news quality on digital platforms in Australia
A position paper to guide code development—includes a model code framework for consideration, including objectives and outcomes to be achieved for the benefit of Australian users of digital platforms. The ACMA anticipates to have in place a single, industry-wide code by December 2020. More...

AAT Bulletin
The AAT Bulletin is a weekly publication containing a list of recent AAT decisions and information relating to appeals against AAT decisions, including immigration and citizenship. Issue No. 20/2020, 27 July 2020. More...

Current APH Inquiries and Consultations

Legal and Constitutional Affairs Legislation Committee
On 26 March 2020, the Senate granted an extension of time for reporting until 19 August 2020. More...

High Court (2021 Sittings) Rules 2020
The High Court of Australia has published the High Court (2021 Sittings) Rules 2020, which set out the Court's sitting schedule for 2021. More...

Victoria

COVID-19 Resources Weekly Update
We understand that members are worried about the risks of COVID-19. Please see the new section on our member website designed to answer some questions you may have, point you to government information websites, and let you know what VicBar and BCL are doing to assist members.

COVID-19 Resources Weekly Update
Please see the new section on our member website designed to answer some questions you may have, point you to government information websites, and let you know what VicBar and BCL are doing to assist members. The wearing of face coverings outside of home is mandatory in the Melbourne metropolitan area. This will be also become mandatory across regional Victoria from 2 August 2020. More...

Supreme Court of Victoria
23 July 2020 - The Supreme Court of Victoria is following State and Commonwealth government advice regarding coronavirus (COVID-19). More...

22 July 2020 - Physical attendance at the Supreme Court of Victoria remains limited to reduce the spread of coronavirus (COVID-19).Those who are required to attend physically the following information is provided. More...

Inquiry into Ecosystem Decline in Victoria - Have your say
The Legislative Council Environment and Planning Committee is accepting submissions to its Inquiry into ecosystem decline in Victoria. Submissions close on 31 August 2020. More...

Bulletins
Fortnightly bulletin that summarises the latest legislation and cases for the Victorian jurisdiction, as well as High Court of Australia cases (31 July 2020). More...

VICBAR: Court and Tribunal updates
All Victorian Courts and Tribunals, including VCAT, are "Permitted Work Premises" for the purposes of the new Business and Industry Stage 4 Restrictions, and able to remain on-site to hear urgent and priority matters. Court updates included:
Court Services Victoria (CSV) has implemented a COVIDSafe Plan that demonstrates the measures being taken to minimise the introduction of COVID-19 into Victorian courts and VCAR. More...

Justice sector updates due to COVID-19
With stage 4 COVID-19 restrictions in place in metropolitan Melbourne and stage 3 in the rest of Victoria from 11.59pm on 5 August 2020, there are further updates on how this will affect the justice sector. Here is an update about courts and tribunal services across Victoria, correct as at 4 August 2020. More...

Supreme Court: Directions from the Chief Health Officer
For anyone required to attend physically, the following information is provided. From 6pm Sunday 2 August anyone in Victoria's court or tribunal buildings must wear a face covering unless an exemption applies (03 August 2020). More...

Inquiry into the Victorian Government's Response to the COVID-19 Pandemic - Public hearing
The Public Accounts and Estimates Committee is holding public hearings for its Inquiry into the Victorian Government's response to the Covid-19 pandemic from 25 to 27 August 2020. The hearings will be broadcast on our website. More...

Bulletins
Fortnightly bulletin that summarises the latest legislation and cases for the Victorian jurisdiction, as well as High Court of Australia cases (fortnight ending 14 August 2020). More...

Published – articles, papers, reports

'What's the difference?': explaining parliamentary terms
Rob Lundie and Nicholas Horne; APH Research Paper Series, 2020-21: 22 July 2020
While the glossary focuses mainly on parliamentary terms, some relevant government and electoral terms are also included. More...

Australia's cyber security strategy 2020
Department of Home Affairs (Australia); Government of Australia: 06 August 2020
Through this strategy, the Australian government will attempt to build trust in the online world by supporting businesses' cyber resilience, including by sharing threat information, setting clear expectations of roles and strengthening partnerships. More...

Murray–Darling Basin water markets inquiry Interim report
Australian Competition and Consumer Commission (ACCC): August 2020
The report found that the $1.5 billion-a-year basin water markets had outgrown the frameworks that governed them, with change needed for the market to operate efficiently and for the benefit of industries that depended on it. More...

Legislation

Act Compilation

Privacy Act 1988
29/07/2020 - Act No. 119 of 1988 as amended

Regulations

Electronic Transactions Regulations 2020
29/07/2020 - This instrument provides an updated list of Commonwealth laws that are exempt from the Electronic Transactions Act 1999.

Victoria

Statutory Rules
No 76 Public Health and Wellbeing Amendment (Further Infringement Offences) Regulations 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.