Artboard 1Icons/Ionic/Social/social-pinterest

Victorian Government Bulletin

01 July 2020

#Government


Victorian Government Bulletin

In the media

Legislation to increase manslaughter sentences passes
Legislation to increase the maximum penalty for manslaughter, child homicide and workplace manslaughter has passed Victorian Parliament (04 June 2020).  More...

High Court dismisses Dismissal letters
Written correspondence between the Australian Governor-General and Her majesty the Queen relating to the dismissal of the Australian Government in 1975, have been judged by the High Court to be Commonwealth records under the Archives Act 1983 (04 June 2020).  More...

Slavery paper to free from bondage
The Department of Home Affairs has released a scoping paper on how the Australian public sector can avoid supporting modern slavery in its procurement and purchasing practices (04 June 2020).  More...

New appointments to Court of Appeal and Supreme
The Andrews Labor Government has announced the appointments of Justice Michael Sifris to the Court of Appeal and Kathryn Stynes and Jim Delany QC to the Trial Division of the Supreme Court (02 June 2020).  More...

Councils sidelined as COAG abolished
Local government is concerned its voice on national decisions will be diminished after Prime Minister Scott Morrison said COAG will be abolished and replaced with the national cabinet (29 May 2020).  More...

Consultants slip through screening cracks
An audit of Victorian government departments has found contractors and consultants aren’t being adequately screened before they are employed, with fewer than half having a criminal check before starting work (25 May 2020).  More...

In practice and courts

OAIC: COVID-19
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 (01 June 2020).  More...

Current APH Inquiries and Consultations

Legal and Constitutional Affairs Legislation Committee
Native Title Legislation Amendment Bill 2019 [Provisions]

Legal and Constitutional Affairs References Committee
On 23 March 2020 the committee's reporting date was extended to 9 September 2020.
Inquiry into domestic violence with particular regard to violence against women and their children
Nationhood, national identity and democracy

Inquiry into the exemption of delegated legislation from parliamentary oversight
The Senate Standing Committee for the Scrutiny of Delegated Legislation raised significant concerns about the increasing exemption of delegated legislation from parliamentary oversight in the 2019 report. Such concerns are also relevant to the exemption of delegated legislation made in response to the COVID-19 pandemic from parliamentary oversight. The closing date for submissions is 25 June 2020.  More...

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. On 23 March 2020 the Senate extended the committee’s reporting date to 14 October 2020. The closing date for submissions is 25 June 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. 16/2020 (1 June 2020).  More...

Victoria

IBAC prosecutions
Victoria Police Officer Ross Fowler was sentenced to a fine of $10,000 at the Melbourne County Court for recklessly causing injury following an investigation by IBAC (5 June 2020).  More... 

An investigation by Victoria's anti-corruption Commission has found a former Department of Education and Training project manager misused their position when he sourced IT contractors from a company he owned for his personal benefit (27 May 2020).  More...

Supreme Court
The Supreme Court of Victoria is following State and Commonwealth government advice regarding coronavirus (COVID-19) (04 June 2020).  More...

The Court welcomes newly appointed judges to the Court of Appeal and Trial Division (02 June 2020).  More... 

Supreme Court practice notes
The purpose of this Practice Note is to outline the procedure by which the Court will consider to waive the attendance of the child at 21 day rollovers (June 2020).  More... 

Bulletins
Fortnightly bulletin that summarises the latest legislation and cases for the Victorian jurisdiction, as well as High Court of Australia cases ( 5 June 2020).  More...

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.  More...

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...

Published – articles, papers, reports

Faster, further, fairer: putting people at the heart of tackling the climate and nature emergency
IPPR Environmental Justice Commission; Institute for Public Policy Research: This interim report of the IPPR Environmental Justice Commission finds that to act with the ambition and at the scale that the climate and nature emergency demands, requires a new approach (27 May 2020).  More...

Cases

BP Refinery (Kwinana) Pty Ltd v Tracey [2020] FCAFC 89
ADMINISTRATIVE LAW – application for judicial review – where writ of certiorari sought – jurisdictional error – Full Bench of the Fair Work Commission alleged to have misconceived its appellate function – could only set aside decision of Deputy President if satisfied there was an error as identified in House v The King – Deputy President’s conclusion that meme constituted valid basis for dismissal not reasonably open as conclusion was outside the legally permissible range of conclusions – no error by Full Bench of the Fair Work Commission – where alleged failure to consider question of fact – s 400(2) of the Fair Work Act 2009 (Cth) is a basal pre-condition to an exercise of power – no error by Full Bench of the Fair Work Commission – application dismissed.Fair Work Act 2009 (Cth) ss 385, 385(b), 387, 396, 400(2), 604, 607(3)

Brett Cattle Company Pty Ltd v Minister for Agriculture [2020] FCA 732
In accordance with the practice of the Federal Court in some cases of public interest, importance or complexity, the following summary has been prepared to accompany the orders made
ADMINISTRATIVE LAW — validity of delegated legislation — test for validity — representative proceeding under Pt IVA of the Federal Court of Australia Act 1976 (Cth) — livestock export industry — where public affairs broadcast revealed inhumane treatment of Australian cattle exported to Indonesian abattoirs — where broadcast resulted in public outcry and political pressure on Government — where the Minister made two control orders under s 7 of the Export Control Act 1982 (Cth) in short succession — where second control order prohibited the export of all livestock from Australia to the Republic of Indonesia for a period of 6 months — where first control order did, but second control order did not, provide power to grant exceptions — where purpose of second control order was to enable Australian Government to develop a regulatory and compliance regime to address concerns regarding slaughter of livestock in Indonesian abattoirs — where various exporters were already capable of ensuring livestock exported to the Republic of Indonesia would remain within a closed loop system and not be subject to inhumane conditions up to the time of slaughter — whether second control order was valid exercise of Minister’s power under s 7 of the Export Control Act — whether second control order invalid on basis of unreasonableness — application of proportionality tool of analysis to evaluate validity of delegated legislation — whether second control order was suitable, necessary and appropriate and adapted to achieve a legitimate end within power conferred on Minister by s 7 of the Export Control Act — second control order was unreasonable, capricious, unnecessary and inadequate in its balance — second control order invalid
TORTS — misfeasance in public office — whether Minister committed tort of misfeasance in public office by making second control order
DAMAGES — compensatory damages
EVIDENCE — where Minister did not give evidence — no direct evidence of Minister’s state of mind or of what he would have done had he exercised his power validly — where impugned decision made after Cabinet meeting — where Minister put no documents before Cabinet — whether inference open that any evidence the Minister would have given would not have assisted the respondents
Australian Meat and Live-Stock Industry Act 1997 (Cth), ss 3, 4, 10, 17
Evidence Act 1995 (Cth), s 140
Export Control Act 1982 (Cth), ss 3, 7, 25
Federal Court of Australia Act 1976 (Cth), Part IVA
Judiciary Act 1903 (Cth), s 39B
Legislative Instruments Act 2003 (Cth), ss 4, 17, 26, 38, 42

Australian Education City v Victorian Planning Authority [2020] VSC 177
JUDICIAL REVIEW – Application by the defendants for summary judgment pursuant to s 63 of the Civil Procedure Act 2010 (Vic) – Plaintiff challenged a decision of a Committee of Cabinet to terminate a tender process for the development of a new residential, educational and employment hub on State owned land - Whether the plaintiff’s claim has any real prospects of success –Nature and subject matter of decision means that the decision is not justiciable – Minister for Arts, Heritage and Environment v Peko Wallsend Ltd (1987) 15 FCR 274 and Acquista Investments Pty Ltd v Urban Renewal Authority (2015) 123 SASR 147 referred to and applied, FAI Insurances Ltd v Winneke [1982] HCA 26; (1982) 151 CLR 342 distinguished – No other reason for keeping proceeding on foot - application for discovery and the administration of interrogatories refused.

Legislation

Victoria

Bills

Crimes Amendment (Manslaughter and Related Offences) Bill 2020
Passed Both Houses Parliament 04 June 2020
Increases the maximum penalty for these offences from 20 years to 25 years’ imprisonment.

Police and Emergency Legislation Amendment Bill 2020
Date of second reading speech: 3 June 2020

Victorian legislation can be accessed here www.legislation.vic.gov.au

Disclaimer
The information contained in this document has been compiled and supplied by LegalBiz. The information in this publication is of a general nature and is not intended to address the circumstances of any particular individual or entity. Although we endeavour to provide accurate and timely information, we do not guarantee that the information in this publication is accurate at the date it is received or that it will continue to be accurate in the future. We are not responsible for the information of any source to which a link is provided or reference is made and exclude all liability in connection with use of these sources.

Share this