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Victorian Government Bulletin

28 September 2020

#Government


Victorian Government Bulletin

In the media

Victorian government seeking legal advice overdraft foreign relations laws
The Andrews government is seeking legal advice on proposed new federal laws which could tear up its controversial Belt and Road agreement with China, potentially setting up another fight over foreign policy with the Commonwealth (10 September 2020).  More...

Why unis are worried about a federal power to cancel their foreign ‘arrangements’
A proposed law would give the federal government power to cancel arrangements between foreign governments and Australian states, territories, local councils and public universities. It’s fairly clear the Commonwealth has the constitutional power to do this. Universities Australia has expressed “grave concerns” about the potential impact on “tens of thousands of research projects” (10 September 2020).  More...

New APS guide on social media conduct
The Australian Public Service Commission (APSC) has released updated guidance for APS employees and Agencies on how to conduct themselves on social media. It said APS employees had a right to participate in online society, just as they had rights as citizens of Australia to engage in community life (10 September 2020).  More...

Victorian eviction moratorium extended – News alert
The Victorian Government has put in place a moratorium on evictions, rent relief for eligible tenants, suspension of rental increases, and a continued dispute resolution process. The moratorium also made changes to how a tenant or landlord may end a tenancy during the moratorium period (04 September 2020).  More...

Telstra, Optus, TPG and Dodo breach NBN service continuity rules
The ACMA has found TPG, Optus, Dodo and Telstra in breach of consumer protection rules after more than 1,500 of their customers were left without telco services while trying to migrate to the NBN. All four companies have provided court-enforceable undertakings to introduce measures to improve compliance with the service continuity rules (01 September 2020).  More...

New Audit Manual one for the books
The Australian National Audit Office (ANAO) has released its Audit Manual setting out policies and providing guidance on the application of audits and other assurance work performed by the Auditor-General (31 August 2020).  More...

IBAC charges four people as part of Operation Lansdowne
IBAC has charged four people with a range of offences as part of Operation Lansdowne. IBAC's Operation Lansdowne investigation examined allegations of serious corruption involving the Victorian vocational education and training, and transport sectors  (25 September 2020).  More...

Latest research shows consumer privacy concerns around data misuse rising
Office of the Australian Information Commission's new report on attitudes around privacy highlights challenges with targeting ads and collecting or combining data without consent (24 September 2020).  More...

Simplified insolvency processes welcome, but government must consult now to avoid unforeseen consequences
The Law Council welcomes the government’s interest in assisting small business to deal with the inevitable insolvency impacts that will be felt in the economy in the aftermath of the COVID-19 economic crisis. The Law Council, through its Business Law Section Insolvency and Restructuring Committee, has been considering possible reforms (24 September 2020).  More...

The Victorian Bar and Australian Bar Association raise concerns about the COVID-19 Omnibus Bill 2020
Concerns about the criteria for appointment and power of “authorised officers” under the Bill have been raised by the Victorian Bar with the Attorney-General, supported by the Australian Bar Association (23 September 2020).  More...

New judicial appointments to Magistrates’ Court
The Victorian Government announced the appointment of Alexandra Burt, Guillaume Bailin, Kimberley Swadesir and Melissa Stead to the Magistrates’ Court of Victoria (22 September 2020).  More...

Victoria's homelessness response: Audit finding
While the audited entities have achieved some positive outcomes for clients, DHHS does not know whether HRSAP programs are reducing the incidence and impacts of rough sleeping in Victoria. The audit made 13 recommendations to DHHS, including six to improve planning and implementation for future homelessness initiatives (17 September 2020).  More...

Youth justice trial to boost safety and reduce reoffending
A pilot program to help young people build important life skills including developing stronger relationships and make better life choices is now underway in Victorian youth justice centres (16 September 2020).  More...

In practice and courts

High Court of Australia
High Court of Australia Bulletin [2020] HCAB 06 (14 August 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. 23/2020, 7 September 2020.  More...
The Electoral Matters Committee is accepting submissions to its Inquiry into the impact of social media on elections and electoral administration. Submissions close on 30 September 2020.  More...

National Cabinet Meeting, 18 September 2020
The National Cabinet met to discuss Australia’s COVID-19 response, recent progress following the Victorian outbreak, easing restrictions (including international border measures), helping Australians prepare to go back to work in a COVID-safe environment and getting the economy moving again.  More...

Supreme Court COVID – Coronavirus information
24 August 2020 – The Supreme Court of Victoria is following State and Commonwealth government advice regarding coronavirus (COVID-19).  More...

Operational updates in response to directions from the Chief Health Officer
20 August 2020 – Further measures to limit the movement of people during Stage 4 restrictions.  More...

Law Library of Victoria
Fortnightly bulletin that summarises the latest legislation and cases for the Victorian jurisdiction, as well as High Court of Australia cases.  More...

Victoria Legal Aid
(25 August 2020).  More...

COVID-19 resources weekly update
We understand that members are worried about the risks of COVID-19. Please see the new health and wellbeing section in our website designed to answer some questions you may have, point you to government information websites (25 September 2020).

Published – articles, papers, reports

Department of the Prime Minister and Cabinet (PM&C): Corporate Plan 2020-24
PMC: The plan sets out six key purposes for the Department, including Growing the economy, incomes and creating jobs; Vibrant and resilient regions; Strengthening families and communities ;Enhancing Australia’s international and national security; Governing well; and Preparing well to respond to critical issues (10 September 2020).  More...

Corporate Plan 2020-21 sets out OAIC strategic priorities
OAIC: The Corporate Plan 2020-21 sets out strategic priorities and key activities (31 August 2020).  More...

Investigation into review of parking fines by the City of Melbourne
Pursuant to sections 25 and 25AA of the Ombudsman Act 1973 (Vic), I present to Parliament my Investigation into review of parking fines by the City of Melbourne, 16 September 2020.
Council responded constructively to the investigation. Joint discussions between the Council and the Ombudsman’s office gave rise to four recommendations pursuant to section 23(2A) of the Ombudsman Act.  More...

Cases

Glencore Coal Assets Australia Pty Ltd v Australian Competition Tribunal [2020] FCAFC 145
COMPETITION – applications for review of decision of the Australian Competition Tribunal (Tribunal) reviewing decision of the Australian Competition and Consumer Commission (ACCC) – where ACCC made an arbitration determination pursuant to s 44S of Competition and Consumer Act 2010 (Cth) (CCA) – where Tribunal conducted a “re-arbitration” pursuant to s 44ZP of the CCA – where declared service is the right to access and use monopoly infrastructure assets at Port of Newcastle
ADMINISTRATIVE LAW – application for judicial review of decision of Australian Competition Tribunal (Tribunal) by ACCC– where ACCC made arbitration determination pursuant to s 44S of CCA – where Tribunal conducted a “re-arbitration” pursuant to s 44ZP of the CCA – where ACCC sought declaration that Tribunal erred – whether ACCC can seek review pursuant to s 163A(3) of the CCA.

Anderson v Stonnington Council [2020] VSCA 229
STATUTORY INTERPRETATION – Subordinate instruments – subordinate instrument amended to extend heritage overlay to property while development works in progress – whether ‘right’ to complete works for purpose of Interpretation of Legislation Act 1984 s 28(2)(e) – ‘Right’ to be identified by reference to instrument – Western Australian Planning Commission v Temwood Holdings Pty Ltd [2004] HCA 63; (2004) 221 CLR 30, applied – Resort Management Services Ltd v Noosa Shire Council [1996] QCA 441; [1997] 2 Qd R 291, considered – sommon opportunity to take advantage of absence of regulation not a ‘right’ – Robertson v City of Nunawading [1973] VicRp 81; [1973] VR 819, applied – Aasserted right defined imprecisely – asserted right a mere opportunity – leave to appeal granted – appeal dismissed
PLANNING AND ENVIRONMENT – existing uses – whether development works ‘use’ for purpose of Planning and Environment Act 1987 s 6(3)(d) – ‘Use’ does not extend to development – Nancy Shetland Pty Ltd v Melbourne and Metropolitan Board of Works (1974)
PRACTICE AND PROCEDURE – application for leave to amend application for leave to appeal – appeal from decision of judge of Trial division to dismiss appeal on questions of law from Tribunal – amendment sought to reintroduce issue withdrawn before Tribunal – whether in interests of justice to permit amendment – Medical Practitioners Board v Lal [2009] VSCA 109; (2009) 23 VR 702, Commissioner of State Revenue v Mondous (2018) 55 VR 643, applied – proposed amendment raised confined legal issue – any evidentiary deficiencies to applicants’ disadvantage – leave to amend granted 

Davis v Major Transport Infrastructure Authority (Review and Regulation) [2020] VCAT 965
Freedom of Information Act 1982 – Business Case for the ‘Streamlining Hoddle Street’ Project – whether exempt under s 28(1)(b) as a document prepared for the purpose of submission for consideration by Cabinet
The deemed decision of the respondent to refuse to release the Business Case for the ‘Streamlining Hoddle Street’ Project, dated 29 January 2016, is affirmed.

Legislation

Commonwealth

Bills

Fair Work Amendment (One in, All in) Bill 2020
Registered 01 September 2020
This bill will give the Fair Work Commission (FWC) the power to deal with disputes relating to employee eligibility for the Jobkeeper payment. This bill extends the FWC’s jurisdiction to deal with disputes about whether an employee is eligible for the Jobkeeper scheme.
Australia’s Foreign Relations (State and Territory Arrangements) (Consequential Amendments) Bill 2020
House of Representatives Second reading moved 03 September 2020
To prevent “arrangements” with foreign governments that the government says “adversely affect Australia’s foreign relations or are inconsistent with our foreign policy”. This Bill makes consequential amendments to the Administrative Decisions (Judicial Review) Act 1977 (ADJR Act) to list the Foreign Relations Bill as a law to which the ADJR Act does not apply.

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

Disclaimer
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