In the media

Health privacy gets its own guide The Office of the Australian Information Commissioner (OAIC) has released a new guide to health privacy to help keep patients’ personal information safe. The guide brings together a wide range of OAIC advice for all health service providers covered by the Privacy Act 1988 (10 October 2019). More...

HRLC: QLD anti-protest law would infringe human rights A proposed law that criminalises peaceful protest tactics would infringe Queenslanders’ right to freedom of expression, association and assembly, human rights lawyers told a parliamentary committee in Queensland (10 October 2019). More...

Birth certificates changing lives Nearly 1,000 people from vulnerable and Indigenous communities have benefited from free birth certificates in 2018-19, helping them to access potentially life changing services (08 October 2019). More...

Religious Freedom Bills – Ai Group releases submission Ai Group has today released its submission to the Australian Government's consultation process on the Exposure Drafts of the three Religious Freedom Bills. While expressing support for the right to freedom of religion, Ai Group has proposed a series of amendments to make the Bills workable for Australian businesses (08 October 2019). More...

High Court to rule on class actions challenge A High Court decision expected this year on class actions funding could make it more difficult for cases to be brought if the ruling overturns use of existing arrangements (07 October 2019). More...

Greater certainty for employers when hiring staff with criminal records The Government has amended the Australian Human Rights Commission Regulations 1989 to allow employers to exercise reasonable discretion against prospective employees if their criminal record is relevant to the position being applied for. But it remains unlawful for employers to discriminate if the conviction is irrelevant to the role (03 October 2019). More...

HRLC: Attorney-General’s announcement provides cold comfort on press freedom Journalists and whistleblowers will continue to face prosecution and jail time for revealing government misconduct and abuse, despite the Attorney-General’s announcement, warned the Human Rights Law Centre (01 October 2019). More...

Three new Magistrates for Queensland Attorney-General and Minister for Justice Yvette D’Ath has appointed three new Magistrates to our Magistrates Courts. The Magistrates will start their new roles next week (01 October 2019). More...

In practice and courts

OAIC: New guide released to help health sector improve privacy practice A comprehensive guide to health privacy has been released by the Office of the Australian Information Commissioner (OAIC) to help keep patients’ personal information safe. The guide brings together a wide range of OAIC advice for all health service providers covered by the Privacy Act 1988 (08 October 2019). More...

Law Council of Australia: Submissions 08 October 2019—Law Council Religious Freedom Bills

02 October 2019— Law Council Review of the Identity-Matching Services Bill 2019 and the Australian Passports Amendment (Identity-matching Services) Bill 2019

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. 40/2019, 8 October 2019. More...

Cyber security strategy The new strategy will build on the foundations of the 2016 Cyber Security Strategy. For more information on consultation events until the end of October 2019, including the discussion paper. More...

Reminder: Practice Directions - High Court of Australia, No 1 of 2019 Legislation and Authorities Appeals and Other Full Court Matters Reminder: This Practice Direction takes effect in relation to matters set down for hearing after 1 October 2019. In consultation with the respondent and any interveners, the appellant must prepare a joint book of the authorities which reference will be made during the course of oral argument at the hearing of the appeal

Draft Religious Freedom Bills The Australian Government invites submissions on a package of legislative reforms on religious freedom. These are the: Religious Discrimination Bill 2019; Religious Discrimination (Consequential Amendments) Bill 2019 and Human Rights Legislation Amendment (Freedom of Religion) Bill 2019. The draft Bills are available on the Attorney-General's Department website. Submissions on the Bills closed on 2 October 2019

Senate Committee Inquiries

Community Affairs Legislation Committee Social Security (Administration) Amendment (Income Management to Cashless Debit Card Transition) Bill 2019 Submissions are sought by 18 October 2019 Social Services Legislation Amendment (Drug Testing Trial) Bill 2019

Legal and Constitutional Affairs Legislation Committee Crimes Legislation Amendment (Sexual Crimes Against Children and Community Protection Measures) Bill 2019 [Provisions] The impact of changes to service delivery models on the administration and running of Government programs

Inquiry into the impact of the exercise of law enforcement and intelligence powers on the freedom of the press The inquiry was referred by the Attorney-General, The Hon Christian Porter MP who noted that the Government will consider proposals from media organisations and interested bodies which aim to ensure the right balance is struck between a free press and keeping Australians safe. For further information about the inquiry see the full terms of reference. As agreed by the Attorney-General, the reporting date for this inquiry has been extended to 28 November 2019

ANAO Performance audit in-progress: Defence’s management of its public communications and media activities Due to table: December, 2019: The objective of this audit is to assess the effectiveness and appropriateness of the Department of Defence’s (Defence’s) management of its public communications and media activities. Defence’s management of its public communications and media activities

Queensland

QAO Advice: Delivering efficient and effective local government services A lot of councils in Queensland, and in the rest of Australia, are focused on improving their financial sustainability (03 October 2019). More...

QAO Report 3: 2019–20: Managing cyber security risks Tabled date 1 October 2019. More...

QAO: Our changing reports and tools As of this financial year, we are now presenting our reports digitally on our website. They are easily navigated and accessible (09 October 2019). More...

QAO and key audit matters (KAMs) Published 30 September 2019 Technical The key audit matters section of the Independent Auditor’s Report has been introduced. More...

CCC Prosecutions 01 October 2019 Allegations relating to the Premier's former Chief of Staff - Update

Tabled in Parliament

CCC 2018 - 19 Annual Report The Crime and Corruption Commission’s (CCC) 2018-19 Annual Report has been tabled in State Parliament by the Attorney-General (01 October 2019). More...

QLS: Commissions of Inquiry Royal Commission into Violence, Abuse, Neglect and Exploitation of People with Disability (inquiry here) Queensland Law Reform Commission: Consent and mistake of fact review (Terms of Reference here)

OIC Qld: Our annual report is now available Our 2018-19 Annual Report has now been tabled and is available online. The report outlines our performance against key activities and established targets across our services (30 September 2019). More...

Published - articles, papers, reports

Cabinet Handbook - 13th edition Department of the Prime Minister and Cabinet (Australia): 08 October 2019 This handbook is designed to ensure that the Cabinet observes conventions and principles and fulfils its central purpose of informed decision-making. More...

The Australian Academy of the Humanities submission to the Senate Legal and Constitutional Affairs Reference Committee Inquiry into Nationhood, National Identity and Democracy; Australian Academy of the Humanities: 01 October 2019 This resource is the Australian Academy of the Humanities (AAH) submission to the Senate Legal and Constitutional Affairs Reference Committee Inquiry into Nationhood, National Identity and Democracy. More...

DASSH response to the Parliamentary Inquiry into Nationhood, National Identity and Democracy (2019) Australasian Council of Deans of Arts, Social Sciences and Humanities: 30 September 2019 This response will focus on the role of HASS education in promoting, strengthening and securing the ongoing stability of democracy and democratic values in the Australian nation. More...

Legal framework for Defence administrative inquiries into a 'matter concerning the Defence Force': a quick guide APH Law and Bills Digest Section: 02 October 2019 This paper sets out the four different methods of conducting a general administrative inquiry into ‘a matter concerning the Defence Force’. The first two methods are internal inquiries used by, and subject to, the ordinary chain of command. The last two methods are independent inquiries external to the ordinary chain of command. More...

Cases

Paul Farrell and Department of Home Affairs (No 6) (Freedom of information) [2019] AICmr 66Freedom of Information — Whether documents contain deliberative matter prepared for a deliberative purpose — Whether disclosure of personal information unreasonable — Whether contrary to the public interest to release conditionally exempt documents — (CTH) Freedom of Information Act 1982 ss 11A(5), 47C and 47F

Paul Farrell and Department of Home Affairs (No 5) (Freedom of information) [2019] AICmr 65Freedom of Information — Whether disclosure would disclose commercially valuable information — 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 unreasonable — Whether contrary to public interest to release conditionally exempt documents — (CTH) Freedom of Information Act 1982 ss 11A, 47, 47E(d) and 47F

Taylor v Department of Health [2019] FCA 1588HUMAN RIGHTS – application for interlocutory injunctive relief in relation to claims of disability discrimination and adverse actions arising from the Department of Health ’s treatment of an application for registration in the Australian General Practice Training Program – objection to competency on the basis the Court does not have jurisdiction – claims brought under the Disability Discrimination Act 1992 (Cth) and Fair Work Act 2009 (Cth) – no employment or prospective employment relationship – no termination of the disability discrimination complaint by the President of the Australian Human Rights Commission – whether jurisdiction under s 39B(1A)(c) of the Judiciary Act 1903 (Cth) – objection to competency upheld

Burns v Gaynor (No. 2) [2019] NSWDC 552TORT – defamation – remedies for Facebook publications – plaintiff brings proceedings for defamation (in the District Court) and for remedies under the Anti-Discrimination Act 1977 (NSW) (in the NCAT) against a Facebook account holder the first defendant) and against the second defendant for his part of the publication on the first defendant’s Facebook page – publication pleaded as being downloaded by four of the other participants in the Facebook debate – plaintiff obtains damages award in the NCAT and settles his claim in the defamation proceedings against the first defendant, who was the Facebook account holder – remaining defendant seeks dismissal of the claim as an abuse of process – plaintiff seeks summary dismissal of the defence – whether action liable to be dismissed as an abuse of process on the grounds of proportionality –whether multiple proceedings for different causes of action arising from the same publication may amount to abuse of process – whether the court resources required to determine the claim will be out of all proportion to the interest at stake – trial issues may include consideration of overlapping heads of damage and s 38 Defamation Act issues – likelihood that damages awarded would be very small – proceedings dismissed on the principles of proportionality

Port Macquarie-Hastings Council v Waite [2019] NSWLEC 146CRIMINAL OFFENCES: voir dire as to the admissibility of a record of interview in criminal proceedings – whether evidence inadmissible by reason of a failure of the council to advise the accused of his privilege against self-incrimination as required under statute – whether accused required to answer questions or whether interview voluntary. EVIDENCE: whether record of interview was illegally or improperly obtained – whether admissions contained in record of interview should be excluded on discretionary grounds.

La Valette v Chambers-Grundy [2019] NSWSC 1355CIVIL PROCEDURE – issue of notice to produce documents recording communications with overseas medical practitioners – whether merely a fishing expedition PRIVATE INTERNATIONAL LAW – Application for leave to serve subpoenas and accompanying letters of request in Bermuda, Nevada, Florida and California for production of medical records – whether jurisdiction pursuant to the Hague Evidence Convention or inherent jurisdiction of the court.

Ljubisavljevic v Workers Compensation Commission of New South Wales [2019] NSWSC 1358ADMINISTRATIVE LAW – judicial review – workers compensation – medical dispute as to degree of whole person impairment – request by worker to be re-examined by Appeal Panel – whether Appeal Panel bound to examine worker – where certificate of determination entered before application for review of decision of Appeal Panel – decision of Arbitrator refusing to rescind certificate – whether Appeal Panel failed to engage with worker’s arguments.

Chisari v Department of Justice and Attorney General, Offender Debt Recovery Program [2019] QCAT 288ADMINISTRATIVE LAW – ADMINISTRATIVE TRIBUNALS – QUEENSLAND CIVIL AND ADMINISTRATIVE TRIBUNAL – general administrative review matter – where the applicant was convicted of offences – where order of compensation made by the District Court in 2004 – where payment made to the victim by the State in satisfaction of the order under the Criminal Offence Victims Act 1995 (Qld) in 2005 where action taken by the State to recover the amount from the offender under the Victims of Crime Assistance Act 2009 (Qld) in 2017 – whether the Limitations of Act applied – where the grounds for disputing the recovery are available to the offender

Alou v R [2019] NSWCCA 231CRIME – Terrorism offences – Aid, abet, counsel or procure the commission of terrorist act - CRIME – Appeals – Appeal against sentence – Whether error in sentencing applicant on basis that prospects of rehabilitation were poor – Assessed prospects of rehabilitation on basis of evidence at the time CRIME – Appeals – Appeal against sentence – Whether strong element of general or personal deterrence required SENTENCING – Relevant factors on sentence – Deterrence – General deterrence SENTENCING – Relevant factors on sentence – Deterrence – Personal deterrence CRIME – Appeals – Appeal against sentence – Whether error in giving primacy to deterrence, incapacitation and retribution over rehabilitation and youth – Applicant 18 years of age – Terrorism Offence SENTENCING – Relevant factors on sentencing – Relevance of Youth – Terrorism Offences CRIME – Appeals – Appeal against sentence –Whether error in failing to take into account existence of continuing detention scheme for high risk terrorist offenders HIGH RISK OFFENDERS – Continuing detention orders –High risk terrorist offenders – Relevance to sentencing CRIME – Appeals – Appeal against sentence – Manifest excess CRIME – Appeals – Appeal against sentence – Section 19AG Crimes Act (1914) (Cth) – Whether error in failing to determine an appropriate non-parole period – Whether error in fixing the non-parole period – Whether section 19AG Crimes Act (1914) (Cth) invalid – Statutory minimum non-parole period CONSTITUTIONAL LAW – Commonwealth Constitution – Legislative Power – Validity of section 19AG Crimes Act (1914) (Cth) – Whether incompatible with the exercise of judicial power – Statutory minimum non-parole period

Vok v Director of Public Prosecutions (NSW) [2019] NSWCA 242ADMINISTRATIVE LAW – judicial review – jurisdictional error – where applicant convicted of knowingly contravening apprehended personal violence order – where applicant appealed against conviction to District Court – whether District Court exceeded jurisdiction in dismissing conviction appeal – no question of principle.

Legislation

Commonwealth

Regulation

Public Interest Disclosure Rules 201911/10/2019 - These rules bring the Australian Securities and Investments Commission back within the scope of the Public Interest Disclosure Act 2013 Queensland

Bills updated in the last week Community Based Sentences (Interstate Transfer) Bill 2019 Introduced by: Hon M Ryan MP on 21/08/2019 Stage reached: 2nd reading to be moved on 8/10/2019