Burkas are confronting but there is no justification for ban, Human Rights Commissioner Tim Wilson says
Australia's Human Rights Commissioner Tim Wilson says he agrees with Prime Minister Tony Abbott's comments that burkas are "confronting", but people have a right to wear them (02 October 2014). Read the full article here.
Appointment of Australian Federal Police Commissioner
The Prime Minister said the Government will recommend to the Governor-General that Mr Andrew Colvin APM OAM be appointed to the role of Australian Federal Police Commissioner. Mr Colvin has been Acting Federal Police Commissioner since the retirement of Commissioner Tony Negus in September (01 October 2014). Read the full article here.
Constitutional challenge likely if Senate inquiry tries to compel Qld Premier
Over the next six months and in the lead up to the Queensland state election, Senators will examine the use of Commonwealth money, judicial appointments and mining and development decisions. One of Australia's leading constitutional experts says the inquiry could face a legal challenge if it tries to compel Mr Newman or his government to give evidence (01 October 2014). Read the full article here.
APSC reveals 8000 public service jobs eliminated in past year
The scale of job losses in the federal government agencies has put private sector cuts in the shade after annual statistics released by the Australian Public Service Commission revealed that 8000 positions in the 12 months to June 30 2014 in its annual statistical bulletin. The extent of the downsizing in the public service has pushed APS numbers to their lowest in four years (01 September 2014). Read the full article here.
Coalition’s welfare changes could breach human rights, inquiry finds
Two of the government’s welfare reforms could breach human rights, a bipartisan parliamentary committee has found. As the social services bills are due to be introduced to the Senate, the parliamentary joint committee on human rights has highlighted concern about 12 of the measures (30 September 2014). Read the full article here.
Public Service recruitment rethink as redundancy bill explodes
Industrial umpire the Australian Public Service Commission has moved to stem a bill for big redundancy payments for 16,500 public servants. Agency heads have been told by the APSC they will need to put ‘displaced’ APS staff at the front of the line for vacant positions ahead of other public servants in safe jobs that might otherwise apply for the positions (26 September 2014). Read the full article here.
Clearer inquiries process for the Supreme Court - ACT
Amendments to the Crimes Act 1900, passed today in the Legislative Assembly will bring certainty to the process of inquiring into criminal convictions. The amendments to the Act clarify the judicial nature of the Supreme Court when it considers a report of an inquiry and ensure that there are no unnecessary limitations on the court's ability to hear submissions on the report (23 September 2014). Read the full article here.
Phone imagery leads to blackmail charge - ACT
ACT Policing will summons a 22-year-old Fadden man to Court next month on blackmail charges after it was alleged he threatened to disseminate explicit images of a woman unless he received sexual favours. After viewing the images, the alleged offender then contacted the victim and made threats of blackmail (19 September 2014). Read the full article here.
Federation White Paper - Release of first issues paper
The first issues paper to inform the White Paper on the Reform of the Federation was released today. Since Federation, the Commonwealth Government’s role has increasingly overlapped with activity which is traditionally the responsibility of the States and Territories. Sometimes, this has been necessary (12 September 2014). Read the full article here.
Ruling on temporary protection visas could affect thousands of asylum seekers not being processed
The High Court unanimously ruled that Immigration Minister Scott Morrison's decision to grant a man a temporary protection visa (TPV) was invalid. It spelled out that there were only three lawful reasons for detaining people and found detention was not "an end in itself" (12 September 2014). Read the full article here.
OAIC cautions over app privacy policies
The Privacy Commissioner has urged Australian businesses and government agencies to improve their act when it comes to their mobile apps. A study of 53 iOS apps by Office of the Australian Information Commissioner revealed that 70 per cent of them don't provide users with a privacy policy before the app is downloaded (11 September 2014). Read the full article here.
Turnbull: back to the drawing board on copyright law proposal
Representatives from both sides of the online piracy debate - including the telecommunications companies and rights holders - have warned the changes to copyright law outlined in the government's discussion paper on online piracy are too broad and could have negative unintended consequences (11 September 2014). Read the full article here.
Mobile apps must put user privacy first
Clear, concise information about privacy practices builds customer trust and is good for business, according to privacy authorities that took part in this year’s global sweep of more than 1200 mobile apps (10 September 2014). Read the full article here.
Uniform Legal Services Commissioner appointed
New South Wales and Victorian Attorneys General announce the appointment of former head of the Australian Government Solicitor, Dale Boucher, as the inaugural Commissioner for Uniform Legal Services Regulation. The Commissioner will play a key role in reducing the complexity of legal services regulation and protecting the rights of consumer (05 September 2014). Read the full article here.
Appointments to the Australian Human Rights Commission
The Government has reappointed Ms Elizabeth Broderick as the Sex Discrimination Commissioner and appointed the Hon Susan Ryan AO as the Disability Discrimination Commissioner. Ms Broderick has identified further work to embed cultural reform in the Defence Force (05 September 2014). Read the full article here.
Report into Serious Invasions of Privacy in the Digital Era released: ALRC
The Terms of Reference for this Inquiry required the ALRC to design a tort to deal with serious invasions of privacy in the digital era. In this Report, the ALRC provides the detailed legal design of such a tort located in a new Commonwealth Act and makes sixteen other recommendations that would strengthen people's privacy in the digital environment (03 September 2014). Read the full article here.
Attorney-General Announces Extension of Royal Commission into Child Abuse
Attorney-General George Brandis has announced that the federal government has decided to "extend the Royal Commission into Institutional Responses to Child Sexual Abuse for a further two years", with the Royal Commission's final report to be delivered by 15 December 2017 (02 September 2014). Read the full article here.
Published - articles, papers, reports and Regulation
Australian Government response to the Joint Committee of Public Accounts and Audit Report 441
Australian Government response to the Joint Committee of Public Accounts and Audit Report 441: Inquiry into Public Governance, Performance and Accountability Act 2013 Rules Development, was tabled 25 September 2014. Read more here.
Updated Practice Note - Consent Orders in Proceedings Involving a Federal Tribunal
The Federal Court has released Practice Note CM 3 - Consent orders in proceedings involving a federal tribunal (updated 3 September 2014), which applies to any proceeding in which there is a challenge to a decision of the Commonwealth Administrative Appeals Tribunal, Migration Review Tribunal, Refugee Review Tribunal, Superannuation Complaints Tribunal, Defence Force Discipline Appeal Tribunal, National Native Title Tribunal or any other tribunal established under a law of the Commonwealth. Read more here.
OAIC: Online copyright infringement discussion paper
The Office of the Australian Information Commissioner (OAIC) welcomes the opportunity to comment on the Australian Government’s Online copyright infringement discussion paper (the discussion paper) (04 September 2014). Read more here.
Public consultation: draft Guidelines for the regulatory management of registered health practitioners and students infected with blood-borne viruses
The 14 National Boards in the National Registration and Accreditation Scheme public consultation draft guidelines on the regulatory management of registered health practitioners and students infected with blood-borne viruses, closes on 26 September 2014. Read more here.
See the Draft Guidelines here.
APS Statistical Bulletin 2013-14
The data shows how the composition of the APS has changed over time, and provides an opportunity for assessing the impact of changing capability requirements and human resource policies on the structure of the APS (30 September 2014). Read morehere.
National Investigations Symposium 2014
The 10th National Investigations Symposium will be held from 5 - 7 November 2014 at the Four Seasons Hotel, Sydney. This biennial event, for public sector investigators and complaint-handlers, is run by the NSW ICAC, NSW Ombudsman and the Institute of Public Administration Australia (NSW Division).To express interest in attending the 2014 symposium, visit the IPAA NSW website.
IPAA 2014 International Conference
The Institute of Public Administration Australia (IPAA) will hold its annual conference at the Perth Convention and Exhibition Centre on 29 and 30 October, followed by a Research Day on 31 October. Read more here.
Publishing and sharing sensitive data
Sarah Olesen; Australian National Data Service: 23 September 2014
This guide outlines best practice for the publication and sharing of sensitive research data in the Australian context. Read morehere.
A new approach to national child protection data: implementation of the Child Protection National Minimum Data Set
Australian Institute of Health and Welfare: 22 September 2014
Describes the development and implementation of the CP NMDS and highlights key new analyses able to be reported for the first time at the national level. It also outlines the need for ongoing development work. Read more here.
Brief review of contemporary sexual offence and child sexual abuse legislation in Australia
Hayley Boxall; Australian Institute of Criminology; 1 September 2014
This report provides an overview of the offences that an individual who sexually abuses a child in an institutional setting may be charged with in the nine Australian jurisdictions. Read more here.
OIAC Publications released in September 2014
New and updated FOI publications
Category: FOI news; 17 September 2014
Read more here.
OAICnet
Category: OAICnet; 15 September 2014
Read more here.
Cases
‘DA’ and Australian Securities and Investments Commission [2014] AICmr 104
Freedom of Information — Certain operations of agencies — Whether disclosure would have a substantial adverse effect on the proper and efficient conduct of the operations of an agency — (CTH) Freedom of Information Act 1982 s 47E
Read about the case here.
‘CZ’ and Department of Health [2014] AICmr 103
Freedom of Information — Whether the request involves the use of a computer ordinarily available — Whether reasonable steps taken to locate documents — (CTH) Freedom of Information Act 1982 ss 17, 24A
Freedom of information — Documents to which secrecy provisions of enactments apply — (CTH) Freedom of Information Act 1982 s 38 — (CTH) National Health Act 1953 s 135A(1)
Read about the case here.
‘CX’ and Department of Human Services [2014] AICmr 102
Freedom of Information — Whether disclosure would prejudice law enforcement methods and procedures — Whether disclosure would unreasonably disclose personal information — Whether contrary to public interest to release conditionally exempt documents — (CTH) Freedom of Information Act 1982 ss 11A(5), 37, 47F
Read about the case here.
Diamond and Chief Executive Officer of the Australian Curriculum, Assessment and Reporting Authority [2014] AATA 707
FREEDOM OF INFORMATION – request for NAPLAN and non-NAPLAN data held by ACARA – whether exemptions did not arise for consideration at all because threshold requirement of disclosure “under” the Freedom of Information Act 1982 could not be met when data had already been publicly disclosed on My School website – consideration of “disclosure”- public interest conditional exemptions relating to Commonwealth-State relations and to proper and efficient conduct of an agency’s operations apply – conceded that, if conditionally exempt, access would be contrary to the public interest - access to documents refused - decision under review affirmed
FREEDOM OF INFORMATION – WORDS AND PHRASES – document –identified through a number of factors including analysis of context, evidence and way in which information stored. Read about the case here.
Fair Work Ombudsman v Complete Windscreens (SA) Pty Ltd & Anor [2014] FCCA 2217 (26
COURTS & JUDGES – Application for judicial officer to disqualify himself – apprehended bias – judicial officer had prior dealings with party and proposed witness for respondents – application to disqualify granted.
Read about the case here.
Amponsem v Laundy (Exhibition) Pty Ltd [2014] FCCA 2206
COURTS AND JUDICIAL SYSTEM – Federal jurisdiction – whether the Federal Circuit Court of Australia has jurisdiction to determine a cross-claim based on breach of contractual and fiduciary duties in proceedings brought under the Fair Work Act 2009 (Cth) for the payment of unpaid accrued annual leave – whether employer’s contention that it is entitled to withhold payment of accrued annual leave claimed by employee because it has a claim against the employee for damages or equitable compensation forms part of one justiciable controversy.
Read about the case here.
‘CV’ and National Gallery of Australia [2014] AICmr 98
Freedom of Information — Whether disclosure would unreasonably disclose personal information — Whether disclosure would unreasonably affect organisation’s business affairs — Whether contrary to public interest to release conditionally exempt documents — (CTH) Freedom of Information Act 1982 ss 11A(5), 47F, 47G
Read about the case here.
Greenlife Oil Pty Ltd and Australian Trade Commission [2014] AICmr 96
Freedom of Information — Whether document contains deliberative matter prepared for a deliberative process — Whether disclosure could reasonably be expected to have a substantial adverse effect on the operations of an agency— Whether contrary to public interest to release conditionally exempt document — (CTH) Freedom of Information Act 1982 ss 11A, 47C, 47E
Read about the case here.
Essendon Football Club v Chief Executive Officer of the Australian Sports Anti-Doping Authority [2014] FCA 1019
STATUTORY INTERPRETATION – general principles – principle of legality – identification of statutory purpose – approach when statute based upon international conventions and agreements – modern approach to statutory interpretation – express statutory powers and incidental powers.
ADMINISTRATIVE LAW – whether power used for improper purpose – test to apply when multiple purposes.
JUDICIAL REVIEW – nature of judicial review – whether relief is discretionary – delay – acquiescence – utility – inevitable outcome – impropriety of applicant – public policy.
PRIVILEGE – nature of privilege against self-incrimination – contractual abrogation or curtailment –statutory abrogation or curtailment – need to invoke privilege against self-incrimination – limitations on extent of protection given by privilege against self-incrimination. Applications dismissed.
Read about the case here.
SPI Electricity Pty Ltd v Australian Energy Regulator [2014] FCA 1012
ADMINISTRATIVE LAW – whether an electricity distributor in Victoria has made out any grounds of review under the Administrative Decisions (Judicial Review) Act 1977 (Cth) entitling it to relief under s 16 of that Act quashing or setting aside in part a regulatory decision made by the Australian Energy Regulator in respect of the distributor’s approved budget for the period 2012–2015 for the installation of advanced meters in residential premises and small business premises in Victoria pursuant to an Order in Council made by the Governor of Victoria on 28 August 2007 under ss 15A and 46D of the Electricity Industry Act 2000 (Vic), dismissed. Read about the case here.
‘CO’ and Australian Taxation Office [2014] AICmr 90
Freedom of information — Whether telephone recording contains information that would reasonably be regarded as irrelevant to the request — Whether telephone recording contains personal information — Whether disclosure of personal information would be unreasonable — Whether disclosure would unreasonably affect person in respect of lawful business or professional affairs — (CTH) Freedom of Information Act 1982 ss 22, 47F, 47G
Read about the case here.
The Age and Airservices Australia [2014] AICmr 89
Freedom of information – Scope of review of access grant decision– Whether disclosure would disclose trade secrets or commercially valuable information – Whether disclosure would unreasonably affect organisation’s business affairs (CTH) Freedom of Information Act 1982 ss 27, 47, 47F, 47G
Read about the case here.
Prinn and Department of Defence [2014] AICmr 84
Freedom of Information — Documents affecting national security— Whether disclosure of national security vetting processing file to vettee would, or could reasonably be expected to, cause damage to the security of the Commonwealth — (CTH) Freedom of Information Act 1982 s 33
Read about the case here.
Jeffrey Knapp and Australian Accounting Standards Board [2014] AICmr 81
Freedom of Information — Whether disclosure would found an action for breach of confidence — Whether disclosure would have a substantial adverse effect on the proper and efficient conduct of the operations of an agency — (CTH) Freedom of Information Act 1982 ss 45, 47E
Read about the case here.
Vata-Meyer v Commonwealth of Australia & Ors [2014] FCCA 463
HUMAN RIGHTS – Racial discrimination – alleged discrimination in conditions of work afforded to the applicant – inappropriate comments made at an office function – complaints made – whether the making of the comments, the handling of the complaints and other work arrangements were discriminatory considered. Australian Human Rights Commission Act 1986 (Cth), s.46PO
Read about the case here.
Legislation
Commonwealth
Bills
Freedom of Information Amendment (New Arrangements) Bill 2014
This Bill repeals the Australian Information Commissioner Act 2010 and amends the Freedom of Information Act 1982 (the FOI Act), the Privacy Act 1988 and the Ombudsman Act 1976 and other Acts to implement the 2014-2015 Budget measure, Smaller Government – Privacy and Freedom of Information functions – new arrangements.
The amendments in the Bill will abolish the Office of the Australian Information Commissioner (OAIC) and streamline arrangements for the exercise of privacy and freedom of information (FOI) functions
The Bill will largely restore the system for the management of privacy and FOI issues that was in operation before the establishment of the OAIC on 1 November 2010.
Registered 02/10/14; Introduced HR 02/10/14
View the Bill here.
Racial Discrimination Amendment Bill 2014
A Bill for an Act to amend the Racial Discrimination Act 1975, and for related purposes
Registered 25/09/14; Introduced Senate 25/09/14
View the Bill here.
Australian Security Intelligence Organisation Amendment (Restoring Merits Review) Bill 2014
A Bill for an Act to restore access to the Administrative Appeals Tribunal for asylum seekers with adverse security assessments, and for related purposes Registered 01/09/14; Introduced HR 01/09/14
View the Bill here.
