In the media
Judicial inquiry into hotel quarantine program
Premier Daniel Andrews announced that The Honourable
Jennifer Coate AO will head the inquiry, which will examine the
operation of Victoria's hotel quarantine program for returning
travellers (02 July 2020).
More...
Victoria Police officer convicted following IBAC
investigation Operation Ithaca
A former Victoria Police Sergeant, Robert Beckingham, was
convicted and sentenced at the Melbourne Magistrates' Court to
a $7,500 fine after pleading guilty to a charge of unauthorised
access to police information contained on the LEAP database that
related to nine different persons (01 July 2020).
More...
Victorian workplace manslaughter laws now in
effect
Workplace manslaughter is now a criminal offence in
Victoria with tough new laws introduced by the Victorian Government
coming into effect. Negligent employers now face fines of up to
$16.5 million and individuals face up to 25 years in jail (01 July
2020).
More...
Concerns re risk of heavy-handed policing in Melbourne
hot spots
Extraordinary police measures being used to enforce lock
downs in Melbourne virus hot spots must be measured and be
culturally appropriate (01 July 2020).
More...
OAIC to enforce privacy safeguards in new Consumer Data
Right
Businesses offering services under the Consumer Data Right
which starts are required to meet strict privacy and security
obligations so consumers can share their data with confidence (01
July 2020).
More...
$2 billion partnership to deliver legal assistance
services for Australians
A new partnership between the Commonwealth and states and
territories will provide a significant boost to legal services
available to vulnerable Australians, including people affected by
domestic violence (30 June 2020).
More...
New Victorian Public Sector Commissioner
Adam Fennessy has been named as the new Victorian Public
Sector Commissioner. Minister for Government Services Danny Pearson
announced Mr Fennessy's appointment to the role. As
Commissioner, Mr Fennessy will be responsible for driving
excellence in policy, service and administration across the public
sector and will work to maintain the sector's professionalism
and integrity (30 June 2020).
More...
70 per cent don't trust govt on personal data
An international survey has found Australians are highly
distrustful of government surveillance and data collection,
especially in relation to COVID-19 (29 June 2020).
More...
ACMA publishes news paper
The Australian Communications and Media Authority
(ACMA) has released a position paper outlining its
expectations for a voluntary code of practice on fake news and real
news quality to be developed by digital platforms (29 June 2020).
More...
Cyber security guide for Windows systems
The Australian Cyber Security Centre has produced updated
guidance to help information technology managers securely configure
their workstations and similar devices running Microsoft Windows
operating systems (25 June 2020).
More...
Audits test agencies' fraud controls
The Auditor-General has produced his latest edition of
Audit Insights, outlining key messages from a series of performance
audits which examined the effectiveness of fraud control
arrangements in three Australian Public Service Departments (25
June 2020).
More...
Reappointment of the Registrar of the Administrative
Appeals Tribunal
Ms Sian Leathem has been reappointed as the Registrar of
the Administrative Appeals Tribunal for a further two year term to
6 April 2022 (26 June 2020).
More...
ACCC reports investment scams on the rise
The Australian Competition and Consumer Commission
(ACCC) has released its annual Targeting Scams
report, revealing scammers don't discriminate and are targeting
a range of different communities (25 June 2020).
More...
IBAC and Ombudsman to collaborate on investigation into
allegations of branch stacking, misconduct and other matters
Victoria's integrity agencies, the Independent
Broad-based Anti-corruption Commission and the Victorian Ombudsman
will pool their expertise to investigate alleged serious misconduct
and corruption involving Victorian public officers (19 June 2020).
More...
New appointment to the Victorian Law Reform
Commission
The Victorian Government has announced the appointment of
the Hon. Jennifer Coate AO, who brings to the Commission 35 years
of experience across five court jurisdictions. It also announced
the reappointment of Gemma Varley PSM (19 June 2020).
More...
New laws to improve access to justice pass
Parliament
Changes to improve access to justice and make it easier to
bring class actions for silicosis, wage theft and other forms of
wrongdoing are now law, thanks to the Andrews Labor Government. The
Justice Legislation Miscellaneous Amendments Act 2019 paves the way
for class actions – including cases of silicosis and wage
theft (19 June 2020).
More...
IBAC confirms Operation Fortescue
IBAC confirmed that it is investigating serious
allegations of corrupt conduct. IBAC's Operation Fortescue will
examine a range of matters concerning allegations of 'branch
stacking', and other matters aired recently in media reports,
and other related complaints made to IBAC (17 June 2020).
More...
Federal Parliament to be cancelled amid growing
interstate COVID-19 outbreaks
The next sitting of Federal Parliament will be cancelled
because of the risk of coronavirus transmission as cases rise in
NSW and Victoria. Parliament was going to sit for a fortnight from
August 4 but the next sitting week, in which the government can
pass legislation and the opposition can scrutinise its agenda, will
now be from August 24 (18 July 2020).
More...
Open Government takes another step
The next round of consultation to develop a third Open
Government National Action Plan 2020-2022 has been announced by the
Open Go. OGPAU said it had now moved into the drafting and
deliberation phase and was seeking comments from stakeholders and
community members. The Action Plan can be accessed at this
PS News link and comments can be made on the OGPAU website at
this link (16
July 2020).
More...
Health makes marks with mask sheet
The Department of Health has released a factsheet
explaining when people should wear a facemask to protect themselves
and the community from COVID-19. The Department's factsheet
also provides guidance on how to wear a mask properly, including
sanitising hands before touching the mask and putting it on. The
one-page fact sheet can be accessed at this
PS News link (13 July 2020).
More...
Victoria's TAFE struggles as government says do more
with less
As Canberra turns to the training sector to help restore
economic growth, the Victorian auditor-general has revealed
financial pressures in the state's TAFE system are so great the
department of education and training has been required to provide
assurances TAFE institutes can continue as "going
concerns" (13 July 2020).
More...
In practice and courts
OAIC COVID-19 advice and guidance
We have developed advice and guidance on privacy and
freedom of information in the context of the COVID-19 outbreak for
individuals, Australian Government agencies and organisations
covered by the Privacy Act 1988 (30 June 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. The position paper,
Misinformation and news quality on digital platforms in Australia -
A position paper to guide code development has been published
on the ACMA website.
Annual Federal Courts and Tribunals fee increases from 1
July 2020 - amended notice
The Commonwealth Attorney-General's Department has
advised that, due to a number of small errors identified in the
Annual Federal Courts and Tribunals Fee Increases Gazette Notice
published on 9 June 2020, an amended notice has been published in
the Government Notices Gazette on 29 June 2020 setting out the new
fees payable from 1 July 2020. More...
High Court of Australia
High Court of Australia Bulletin [2020] HCAB 04 (17 June
2020).
More...
Current APH Inquiries and Consultations
Legal and Constitutional Affairs Legislation
Committee
Native
Title Legislation Amendment Bill 2019 [Provisions]
Intelligence and Security Legislation Amendment
(Implementing Independent Intelligence Review) Bill 2020
The Parliamentary Joint Committee on Intelligence and
Security is calling for submissions on the Intelligence and
Security Legislation Amendment (Implementing Independent
Intelligence Review) Bill 2020. Further information on the bill can
be found
here. On 23 March 2020 the Senate extended the committee's
reporting date to 14 October 2020.
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.
High Court of Australia
High Court of Australia Bulletin [2020] HCAB 05 (10 July
2020).
More...
Victoria
Victoria Legal Aid: Changes to legal aid from 1 July
2020
Removing grants of aid for adults for legal assistance in personal
safety intervention order matters
Introducing new duty lawyer guidelines for personal safety
intervention order matters
Limiting eligibility for child protection grants of assistance to
exclude spouses and domestic partners (with some exceptions)
(23 June 2020).
More...
Joint statement by the Heads of Jurisdiction of
Victoria's courts and tribunals
In a joint statement, the Heads of Jurisdiction of
Victoria's courts and tribunal committed to making sure that
our courts and tribunal are safe, healthy and respectful
workplaces. You can read the statement
here (29 June 2020).
Bulletins
Fortnightly bulletin that summarises the latest
legislation and cases for the Victorian jurisdiction, as well as
High Court of Australia cases (fortnight ending 3 July 2020).
More...
Legal Services Council – June newsletter
The Legal Services Council's June Newsletter (Issue 2,
2020) is available to read
here (03 July 2020).
Changes to VCAT's Planning & Environment
Division
VCAT's Planning and Environment Division underwent
substantial amendments as of 1 July 2020 which will improve how
cases are managed. They will improve both administration and
management of cases with easier and more efficient outcomes for
users.
A number of new application forms have been developed and the list
of current Practice Notes has been reduced to six with two
remaining notes revised. Information provision has been simplified
where possible, with redundant Practice Notes information now more
readily available in new fact sheets and on its website
here.
Other amendments such as the revamped Short Cases List and
amendments to Major Cases List will see further improvements in our
ability to process, hear and determine cases more efficiently,
leading to better outcomes for the Victorian community An overview
of the reforms can be read
here.
Parliament of Victoria: Inquiry into the Victorian
Government's response to the COVID-19 pandemic - Have your
say
The Public Accounts and Estimates Committee is accepting
submissions to its Inquiry into the Victorian Government's
response to the Covid-19 pandemic. Submissions close on 31 July
2020. More...
Update on VCAT Hearings
From 18 May 2020, VCAT will be progressing currently
listed matters using telephone or video conferencing where they can
reasonably proceed. VCAT will contact parties to confirm whether
their matter will progress on the listed date and by which
technology. VCAT are still accepting all relevant matters and will
contact you to discuss potential hearing dates. Visit our
website for further information.
Value of fee and penalty units set for 2020-21
The Treasurer has set an annual rate increase for 2020-21
of 0.00 per cent. The values of a fee unit and a penalty unit or
the next financial year commencing 1 July 2020 are: The value of a
fee unit is $14.81; and the value of a penalty unit is $165.22.
More...
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. Below is a summary of relevant updates and resources that
were made available to you during the past week:
10 July 2020, the Federal Court of Australia issued Coronavirus
(COVID-19) – Update 26. The Honourable Chief Justice James
Allsop reiterated that in-person hearings in Melbourne have been
suspended. His Honour added that hearings in other registries will
not be permitted to allow litigants, witnesses or legal
representatives from Victoria to appear in-person. The update is
available to read here.
15 July 2020, the Supreme Court of Victoria issued a new safety
measure for Victoria's court and tribunal buildings. Anyone in
Victoria's court or tribunal buildings will be expected to wear
a face mask when moving around court buildings. The announcement is
here. Further information on how to wear a face mask properly
can be found on the DHHS website here.
Supreme Court
New health and safety measures
15 July 2020 - Anyone in Victoria's court or tribunal buildings
will be expected to wear face masks when they are moving around in
a court building.
Jury trials recommencement delayed
08 July 2020 - Statement from the Chief Justice of the Supreme
Court and Chief Judge of the County Court
Bulletins
Fortnightly bulletin that summarises the latest
legislation and cases for the Victorian jurisdiction, as well as
High Court of Australia cases
Law Library of Victoria Bulletin No 13 (fortnight ending 17
July 2020)
View the latest, and previous, versions of the Law Library of
Victoria bulletin
Published – articles, papers, reports
Ombudsman's recommendations - third report
Victorian Ombudsman: 30 June 2020
The report revisits recommendations made between 1 April 2018 and
31 March 2020. It reflects the significant progress made in many
cases by agencies, and discusses instances where further work still
needs to be done.
More...
VAGO annual plan 2020-21
VAGO plays a key role in promoting confidence in the
public sector. We conduct audits to ensure that public sector
entities are transparent and accountable to the Victorian
Parliament and the community (24 June 2020). More...
Referrals, assessments and approvals of controlled
actions under the Environment Protection and Biodiversity
Conservation Act 1999
ANAO: 25 June 2020
The objective of this audit was to assess the effectiveness of the
Department of Agriculture, Water and the Environment's
administration of referrals, assessments and approvals of
controlled actions under the Environment Protection and
Biodiversity Conservation Act 1999.
More...
Procurement of strategic water entitlements
ANAO Report No 2 of 2020-21: 16 July 2020
The objective of the audit was to examine whether strategic water
procurements by the Department of Agriculture, Water and the
Environment were conducted consistent with government policy, were
supported by appropriate program design, were planned and executed
appropriately, and achieved value for money.
More...
Cases
The Big Apple Group Pty Ltd v Melbourne City
Council [2020] VSC
393
ADMINISTRATIVE LAW – Victorian Civil and
Administrative Tribunal – consent orders dismissing claim and
counterclaim – subsequent application to set aside consent
orders – whether VCAT has jurisdiction to collaterally review
the existence of the agreement on which consent orders were based
– whether the existence of the agreement is a jurisdictional
fact – whether VCAT has implied or inherent power to set
aside orders – whether VCAT functus officio once consent
orders made – whether VCAT orders have effect until set aside
– Victorian Civil and Administrative Tribunal Act 1998 ss
93(1), 119 and 120. granting planning permits for licensed
premises.
Kweifio-Okai v SPG Corporation Pty Ltd
[2020] VSC 386
ADMINISTRATIVE LAW – VCAT – application for
leave to appeal on questions of law – application seeking
return of deposit for purchase of apartment and damages in tort for
property damage – necessary parties not joined – no
VCAT jurisdiction in tort claim – whether it was open to VCAT
to summarily strike out the application – order that
applicant pay respondents' costs – whether costs order
justified – whether applicant was denied procedural fairness
– duty to assist self-represented litigant – Victorian
Civil and Administrative Tribunal Act 1998 ss 75 and 109.
Maguire v Parks Victoria [2020] VSCA
172
JUDICIAL REVIEW – standing - whether applicant had
standing to challenge decision on basis of lack of public
consultation – applicant asserted that he would participate
in public consultation – whether interference with claimed
amenity sufficient to support standing – absence of a special
interest – standing not established – Australian
Conservation Foundation v Commonwealth (1980) 146 CLR 493;
[1980] HCA 53, applied – leave to appeal refused.
WOTCH Inc v VicForests (No 4) [2020]
VSC 433
PRACTICE AND PROCEDURE —– interim injunction
– whether serious question to be tried – whether
balance of convenience favours granting injunction —–
timber harvesting of State forests – application of the
precautionary principle – protection of threatened species
following 2019/20 Victorian bushfires – Flora and Fauna
Guarantee Act 1988 (Vic) – Sustainable Forests (Timber) Act
2004 (Vic) – Code of Practice for Timber Production 2014.
Gemcan Constructions Pty Ltd v Westbourne Grammar
School [2020] VSC
429
ARBITRATION – agreement to arbitrate –
Arbitrator and rules to be nominated pursuant to item of schedule
to agreement marked 'Not Applicable' – whether valid
and binding agreement – Commercial Arbitration Act 2011
(Vic), s 10 (number of arbitrators), s 11(3) (court appointment in
absence of agreement) and s 19 (determination of rules of
procedure)
ARBITRATION – Commercial Arbitration Act 2011 (Vic), 11(3)
– choice of senior or junior counsel as arbitrator –
experience as arbitrator – fees of arbitrator –
complexity of factual and legal issues in arbitration –
balancing exercise – Senior counsel appointed.
Legislation
Victoria
Bills
Consumer and Other Acts Miscellaneous Amendments Bill
2020
Assembly 2nd reading 16 June 2020 - Makes a range of
miscellaneous amendments to consumer legislation, including
gambling licensing arrangements, residential tenancies reform,
working with children checks, and the Victims of Crime Assistance
Tribunal.
Acts Commencement
Crimes Amendment (Manslaughter and Related Offences) Act 2020
(Vic)
Increases the maximum penalty for these offences from 20 years to
25 years' imprisonment.
Sections 1 to 27 of this Act came in by forced commencement 1 July
2020 s.2(2)
Act Number: 16/2020 Date of commencement: 1 July 2020
Justice Legislation Miscellaneous Amendments Act 2020
(Vic)
Sections 1 to 27 of this Act came in by forced commencement 1 July
2020 s.2
Act Number: 22/2020 Date of commencement: 1 July 2020
Justice Legislation Amendment (Access to Justice) Act 2018
(Vic)
Part 10 Division 5 (sections 67 to 71) of this Act came in by
forced commencement 1 July 2020 s.2(5)
Act Number: 15/2018 Date of commencement: 1 July 2020
Sentencing Amendment (Emergency Worker Harm) Act 2020
(Vic)
Sections 1 to 6, 9 to 20 of this Act came in by forced commencement
1 July 2020 s.2(1)
Act Number: 23/2020 Date of commencement: 1 July 2020
Acts Assented
Justice Legislation Miscellaneous Amendments Act 2020
(Vic)
Act Number: 22/2020 Date of assent: 30 June 2020
Sentencing Amendment (Emergency Worker Harm) Act 2020
(Vic)
Act Number: 23/2020 Date of assent: 30 June 2020
Wage Theft Act 2020 (Vic)
Act Number: 21/2020 Date of assent: 23 June 2020
Statutory Rules
No 70
Electronic Transactions (Victoria) Regulations 2020
7 July 2020 - Exemption for wills, codicils and other testamentary
instruments and for personal service requirements
No 72
Local Government (Electoral) Regulations 2020
7 July 2020 - These Regulations are made under sections 325 and 326
of the Local Government Act 2020and section 29 of the City of
Melbourne Act 2001
Victorian legislation can be accessed here.
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.