In the media

Law Council backs push for increase to minimum age of criminal responsibility The Law Council of Australia has welcomed the introduction of legislation to Federal Parliament, which seeks to increase the minimum age of criminal responsibility for Commonwealth offences to 14 years. The Bill is consistent with Law Council policy and recognises Australia’s international obligations under the United Nations Convention on the Rights of the Child (14 October 2019). More...

OAIC: Consultation opens on draft privacy rules The OAIC is seeking feedback over its draft Privacy Safeguard Guidelines. The planned rules apply to the Consumer Data Right (CDR) regime, which aims to provide Australians with greater choice and control over how their data will be used and disclosed. The CDR scheme will be rolled out in February, starting with the banking sector. Closing date for submissions is November 20. More...

AAT Reporting on our performance Our Annual Report 2018–19 is now available (22 October 2019). 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. 42/2019 (21 October 2019). More...

Legal and Constitutional Affairs Legislation Committee New Native Title Legislation Amendment Bill 2019 Customs Amendment (Product Specific Rule Modernisation) Bill 2019 [Provisions] Crimes Legislation Amendment (Sexual Crimes Against Children and Community Protection Measures) Bill 2019 [Provisions]

Legal and Constitutional Affairs References Committee Impact of changes to service delivery models on the administration and running of Government programs Nationhood, national identity and democracy

ACMA: The form of records kept by broadcasters We’ve decided to update the instrument that sets out the form of the records broadcasters need to keep. Consultation closes 8 November 2019 (10 October 2019). More...

Cyber security strategy The new strategy will build on the foundations of the 2016 Cyber Security Strategy. More...

IPC NSW: Media companies in a united call for Right to Know Some of the nation's media companies have censored their own front pages in a united call for greater media freedom and upholding their right to know. The Your Right to Know campaign will be accompanied by radio and television advertising across the country (21 October 2019). More...

Amendments to the NCAT Rules Changes to the Civil and Administrative Tribunal Rules 2014 (NCAT Rules) came into effect on 11 October 2019. The following NCAT resources have been updated to reflect these amendments: NCAT Guideline 1 - Internal Appeals [PDF 218kB] and NCAT Policy 4 - Access to, and Publication of, Information Derived from Proceedings in the Tribunal [PDF 97kB] (15 October 2019). More...

Decisions of interest: Practice support The NSW Court of Appeal has published its latest Decisions of Interest Bulletin on the Court of Appeal website (24 October 2019). More...

Report tabled - Right to Farm Bill 2019 Legislative Council Portfolio Committee No. 4 has published its final report arising out of its inquiry into the Right to Farm Bill 2019. The report refers extensively to the association’s submission to the inquiry and the evidence given on its behalf at the committee hearing by Naomi Sharp SC, co-chair of the Human Rights Committee (21 October 2019).

Published - articles, papers, reports

CDPP 2018-19 Annual Report The 2018-19 CDPP Annual Report was tabled in Parliament on Monday, 21 October 2019. More...

Commonwealth Auditors General Group e-newsletter (Issue 2 — September 2019) This is the second e-newsletter of the Commonwealth Auditors General Group. These e-newsletters are a genuine effort to share experiences, challenges and engage in thought-provoking discussions on topics which are common to the fifty-three member countries of the Commonwealth (24 October 2019). More...

A model code for the protection of freedom of speech and academic freedom in Australian higher education providers French Review Model Code Implementation Group; University of Sydney: 23 October 2019 The report outlines how former Chief Justice, the Hon Robert French’s model code for the protection of freedom of speech and academic freedom can be adopted by the University of Sydney by amending its current Charter of Academic Freedom. More...

Why the government’s proposed facial recognition database is causing such alarm The Conversation, October 25, 2019 Sarah Moulds, Lecturer of Law, University of South Australia Since before the 2019 election, the Morrison government has been keen to introduce a new scheme that would allow government agencies, telecos and banks to use facial recognition technology to collect and share images of people across the country. More...

Australia needs a Media Freedom Act. Here’s how it could work The Conversation, October 23, 2019 Rebecca Ananian-Welsh, TC Beirne School of Law, UQ A Media Freedom Act could serve three key roles, making it an appropriate and advantageous option in the protection of national security, press freedom and democracy. More...

Guide to health privacy Office of the Australian Information Commissioner: 16 October 2019 The guide outlines the key practical steps that health service providers should take to embed good privacy in their practice. In addition, the guide outlines how key privacy obligations apply to and operate in the healthcare context. This guide has been written to help health services providers — from doctors and private sector hospitals, through under the Privacy Act 1988, and embed good privacy in their practice. More...

Cases

Zonnevylle v NSW Department of Justice [2019] NSWCATAD 215 ADMINISTRATIVE REVIEW – Government Information (Public Access) – decision that application not a valid access application because one clause did not contain such information as was reasonably necessary to enable the government information applied for to be identified – whether failure to provide sufficient information in one severable portion of an application renders the whole application not a valid access application – application may be valid in part and invalid in part

Fox v Heffernan [2019] NSWCATAD 217 ADMINISTRATIVE LAW – impounding of trespassing cattle on private lands by owner – review of appropriate charge for impound under s 38(2) of the Impounding Act 1992 – charge found to be excessive.

DXD v NSW Department of Justice [2019] NSWCATAD 214 ADMINISTRATIVE LAW – privacy and personal information – review of conduct – jurisdiction -whether conduct under review relates to the exercise of a judicial function

Ramadas v Industrial Relations Secretary (Legal Aid Commission of NSW) [2019] NSWIRComm 1075 PUBLIC SECTOR DISCIPLINARY APPEAL – first and final warning – allegations of misconduct – failure to comply with a lawful and reasonable direction – making vexatious allegations against work colleagues – misconduct struck at the heart of the employment relationship – termination of employment warranted – appeal disallowed

Bryant v Shoalhaven City Council [2019] NSWCATAD 209 FREEDOM OF INFORMATION – government information – whether information held by agency – no reasonable grounds that information is held

Legislation

Regulations and other miscellaneous instruments Crimes (Administration of Sentences) Amendment (Use of Force) Regulation 2019 (2019-515) — published LW 25 October 2019 Road Transport (Driver Licensing) Amendment (Digital Driver Licences) Regulation 2019 (2019-517) — published LW 25 October 2019

Bills introduced Government – 25 October 2019 Justice Legislation Amendment Bill (No 2) 2019

Non-Government – 25 October 2019 Child Protection (Nicole's Law) Bill 2019 Liquor Amendment (Harm Reduction Areas) Bill 2019

Bills revised following amendment in Committee – 25 October 2019 Gambling Legislation Amendment (Online and Other Betting) Bill 2019

Bills introduced Government – 18 October 2019 Electoral Funding Amendment (Cash Donations) Bill 2019 Electoral Funding Amendment (Local Government Expenditure Caps) Bill 2019

Non-Government – 18 October 2019 Government Information (Public Access) Amendment (Electronic Applications) Bill 2019

Bills revised following amendment in Committee – 18 October 2019 Right to Farm Bill 2019