10 JULY 2020 ISSUE 28

PUBLIC SECTOR NEWSLETTER - SOUTH AUSTRALIA

ADVICE | TRANSACTIONS | DISPUTES

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Welcome to Issue 28 of the SA Public Sector Newsletter.

This issue highlights a new National Legal Assistance Partnership (NLAP) between the Commonwealth and states and territories to provide over $2 billion in funding to legal services available to vulnerable Australians, including people affected by domestic violence. South Australia will receive nearly $150 million towards legal services from the NLAP over the coming five years.

In this issue, we also see a focus on cyber security with the eSafety Commissioner warning that Australians could face an “elevated incidence of online harms” as the COVID-19 pandemic continues and the Australian Cyber Security Centre relaunching its website to assist the community to access essential cyber security information.

In other news, reforms to labour hire laws which ensure focus on industries where workers are most vulnerable to exploitation have passed State Parliament, and a new South Australian Crown Solicitor has been appointed.

This issue of the Newsletter also provides the usual round-up of practice notes, cases and legislation assistance.

COVID-19 - USEFUL LINKS

Cleaning and disinfection in the workplace - non-health care settings

Home isolation and self-quarantine information

Latest SA Health Updates

South Australian COVID-19 response

South Australian Government COVID-19 website

IN THE MEDIA

Adelaide primary school teacher charged with possessing child exploitation material

South Australia’s Education Department has confirmed a temporary teacher who has been charged with possessing child exploitation material has worked at seven schools, but has now been stood down. (03 July 2020) https://www.abc.net.au/news/2020-07-03/sa-teacher-charged-with-possessing-child-exploitation-material/12419296

The Commonwealth drops 42 charges against ATO whistleblower Richard Boyle, but he could still face life in prison

The charges against whistleblower Richard Boyle were dropped days after parliamentary report found the ATO had conducted a “superficial” investigation into his public interest disclosure, but 24 charges remain. (03 July 2020) https://www.abc.net.au/news/2020-07-03/charges-against-ato-whistleblower-richard-boyle-dropped-dpp/12419800

Experienced lawyer appointed as SA’s new Crown Solicitor

A highly regarded lawyer with nearly three decades experience in public and private practice has been appointed as South Australia’s next Crown Solicitor. (02 July 2020) https://www.agd.sa.gov.au/newsroom/experienced-lawyer-appointed-sas-new-crown-solicitor

Judges reject SA Police Commissioner’s shooting inquest legal challenge

South Australia’s Supreme Court rejects a legal challenge launched by SA Police in response to a coronial inquest into a fatal shooting on a regional property almost five years ago. (02 July 2020) https://www.abc.net.au/news/2020-07-02/sa-police-fail-in-bid-to-quash-fatal-shooting-coronial-findings/12413404

Woolworths pays million-dollar penalty for spamming

Woolworths Group Limited has paid a million-dollar infringement notice and agreed to a court-enforceable undertaking with the Australian Communications and Media Authority (ACMA) in response to significant breaches of spam laws. The infringement notice for $1,003,800 is the largest ever issued by the ACMA. (02 July 2020) https://www.acma.gov.au/articles/2020-07/woolworths-pays-million-dollar-penalty-spamming

Custody Notification Service to be established in SA

The State Government will move to implement a Custody Notification Service (CNS) in South Australia, in a step towards reducing Aboriginal deaths in custody. (01 July 2020) https://www.agd.sa.gov.au/newsroom/custody-notification-service-be-established-sa

ADVICE | TRANSACTIONS | DISPUTES

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More protections needed for people of faith

A new position paper examines the prevalence and effects of serious harms experienced by religious communities inside Australia. The Freedom of Religion in Australia: a focus on serious harms paper makes several recommendations for how governments in Australia can improve protections for the right to freedom of religion. (01 July 2020) https://humanrights.gov.au/about/news/more-protections-needed-people-faith

OAIC to enforce privacy safeguards in new Consumer Data Right

Businesses offering services under the Consumer Data Right (CDR) are required to meet strict privacy and security obligations so consumers can share their data with confidence. (01 July 2020) https://www.oaic.gov.au/updates/news-and-media/oaic-to-enforce-privacy-safeguards-in-new-consumer-data-right/

$2 billion partnership to deliver legal assistance services for Australians

A new partnership between the Commonwealth and states and territories will provide a significant boost to legal services available to vulnerable Australians, including people affected by domestic violence. (30 June 2020) https://www.attorneygeneral.gov.au/media/media-releases/2-billion-partnership-deliver-legal-assistance-services-australians-30-june-2020

https://www.agd.sa.gov.au/newsroom/new-deal-new-money-legal-assistance

New workplace exposure standard for silica dust

The Morrison Government is acting to protect Australian workers against the harmful effects of silica dust by reducing the workplace exposure standard (WES) for respirable crystalline silica from 1 July this year. Attorney-General and Minister for Industrial Relations, Christian Porter, said the change represented an important step forward in the fight against preventable dust diseases in the workplace. (30 June 2020) https://www.attorneygeneral.gov.au/media/media-releases/new-workplace-exposure-standard-silica-dust-30-june-2020

$1.3 million to support victims of rape and sexual assault

South Australia’s rape and sexual assault service, Yarrow Place, will receive $1.3 million over three years to provide specialist counselling to victims in regional areas and strengthened forensic and medical care. (30 June 2020) https://www.agd.sa.gov.au/newsroom/13-million-support-victims-rape-and-sexual-assault

Former high school teacher allegedly sent student ‘R-rated communications’ via social media

A former Adelaide high school teacher standing trial for grooming a student for sex and kissing her tried to “cultivate a romantic relationship” with the girl, South Australia’s District Court hears. (30 June 2020) https://www.abc.net.au/news/2020-06-30/court-hears-former-high-school-teacher-allegedly-groomed-student/12405394

Australia’s new landscape of post COVID-19 online opportunity and risk

Australia’s eSafety Commissioner has warned we could be facing an elevated incidence of online harms in the post COVID-19 world, as a landmark report reveals that along with our dramatically increased reliance on the internet, four in 10 Australians had a negative experience online during the first few months of the pandemic. (29 June 2020) https://www.esafety.gov.au/about-us/newsroom/australias-new-landscape-post-covid-online-opportunity-and-risk

Better access to essential cyber security information

The Australian Cyber Security Centre (ACSC) has relaunched its website providing faster and easier access to essential cyber security information to help protect against online threats. (26 June 2020) https://www.minister.defence.gov.au/minister/lreynolds/media-releases/better-access-essential-cyber-security-information

Reappointment of the Registrar of the Administrative Appeals Tribunal

Ms Sian Leathem has been reappointed as the Registrar of the Administrative Appeals Tribunal (AAT) for a further two year term to 6 April 2022. (26 June 2020) https://www.attorneygeneral.gov.au/media/media-releases/reappointment-registrar-administrative-appeals-tribunal-26-june-2020

Hardening Microsoft Windows 10 version 1909 Workstations

The Australian Cyber Security Centre (ACSC) has produced updated guidance to help information technology managers securely configure their workstations and similar devices running Microsoft Windows operating systems. (25 June 2020) https://www.cyber.gov.au/acsc/view-all-content/news/hardening-microsoft-windows-10-version-1909-workstations

Audits test Agencies’ fraud controls

The Auditor-General has produced his latest edition of Audit Insights, outlining key messages from a series of performance audits which examined the effectiveness of fraud control arrangements in three Australian Public Service Departments. (25 June 2020) https://www.anao.gov.au/work/audit-insights/fraud-control-arrangements

ACCC reports investment scams on the rise

The Australian Competition and Consumer Commission (ACCC) has released its annual Targeting Scams report, revealing scammers don’t discriminate and are targeting a range of different communities. (25 June 2020) https://www.accc.gov.au/publications/targeting-scams-report-on-scam-activity/targeting-scams-2019-a-review-of-scam-activity-since-2009

ADVICE | TRANSACTIONS | DISPUTES

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Heavy Vehicle National Law review taking shape

The National Transport Commission (NTC) has released a consultation regulation impact statement in an important step to improve the Heavy Vehicle National Law (HVNL). (25 June 2020) https://minister.infrastructure.gov.au/mccormack/media-release/heavy-vehicle-national-law-review-taking-shape

Dyson Heydon: Australian courts review how they handle sexual harassment in wake of case

The Chief Justice of South Australia, said his court had adopted a protocol which provides that judicial chambers staff, which includes personal assistants and associates, could raise any matter of concern about a judge’s conduct with the executive assistant to the Chief Justice. (24 June 2020) https://www.theguardian.com/law/2020/jun/24/dyson-heydon-australian-courts-review-how-they-handle-sexual-harassment-in-wake-of-case

Labour hire laws pass State Parliament

Reforms to labour hire laws that ensure they will focus on industries where workers are most vulnerable to exploitation have passed State Parliament. The new laws provide greater clarity around the circumstances where a licence would be required and will reduce the number of low risk local businesses captured by the previous licensing scheme. (18 June 2020) https://www.agd.sa.gov.au/newsroom/labour-hire-laws-pass-state-parliament

Greater flexibility for Senior Counsel

The State Government will move to reinstate the title of Queen’s Counsel, in a move aimed at offering greater flexibility to senior members of the legal sector. The sector is concerned that the title of Senior Counsel, or SC, is not as well known in the Asia-Pacific region, which makes it harder for those lawyers competing for international briefs. (17 June 2020) https://www.agd.sa.gov.au/newsroom/greater-flexibility-senior-counsel

IN PRACTICE AND COURTS

OAIC: Part 9 of the FOI Guidelines (Internal review)

The OAIC seeks comment from interested stakeholders on the content, guidance, readability and accessibility of the updated Part 9 of the FOI Guidelines. The closing date for comments is 23 July 2020. (01 July 2020)

OAIC: COVID-19 Advice and Guidance

The OAIC has 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. (30 June 2020)

Law Council of Australia Submissions

26 June 2020— Law Council Inquiry into Financial Technology and Regulatory Technology

16 June 2020— Law Council Litigation funding and the regulation of the class action industry

ACMA position paper: Misinformation and news quality on digital platforms in Australia

A position paper to guide code development—includes a model code framework for consideration, including objectives and outcomes to be achieved for the benefit of Australian users of digital platforms. The ACMA anticipates to have in place a single, industry-wide code by December 2020.

Royal Commission into Violence, Abuse, Neglect and Exploitation of People with Disability

The Royal Commission into Violence, Abuse, Neglect and Exploitation of People with Disability is seeking submissions in relation to its terms of reference.

The Queensland Law Society is currently focussing on the Rights and Attitudes, Education and Learning, Employment, First Nations People with Disability and Emergency Planning and Response Issues Papers.

Member feedback is welcomed by 8 July.

Annual Federal Courts and Tribunals Fee Increases from 1 July 2020 - Amended Notice

The Commonwealth Attorney-General’s Department has advised that, due to a number of small errors identified in the Annual Federal Courts and Tribunals Fee Increases Gazette Notice published on 9 June 2020, an amended notice has been published in the Government Notices Gazette on 29 June 2020 setting out the new fees payable from 1 July 2020.

AAT: Changes to AAT application fees on 1 July 2020

Application fees in the Administrative Appeals Tribunal have increased on 1 July 2020.

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. 18/2020, 29 June 2020.

High Court of Australia

High Court of Australia Bulletin [2020] HCAB 04 (17 June 2020)

Current APH Inquiries and Consultations

Legal and Constitutional Affairs Legislation Committee

Migration Amendment (Prohibiting Items in Immigration Detention Facilities) Bill 2020 [Provisions]

Federal Circuit and Family Court of Australia Bill 2019 [Provisions] and Federal Circuit and Family Court of Australia (Consequential Amendments and Transitional Provisions) Bill 2019 [Provisions] Report by 20 November 2020.

Native Title Legislation Amendment Bill 2019 [Provisions]

ADVICE | TRANSACTIONS | DISPUTES

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Legal and Constitutional Affairs References Committee

Inquiry into domestic violence with particular regard to violence against women and their children

Nationhood, national identity and democracyOn 23 March 2020 the committee’s reporting date was extended to 9 September 2020.

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.

Commonwealth Modern Slavery Statement Paper

This would report on modern slavery risks in the Government’s procurement and investment activities and explain the steps taken to identify and respond to those risks, and link with Australia’s Modern Slavery Act 2018. The first Commonwealth Modern Slavery Statement will be published before 31 December 2020.

HVNL Review

The Heavy Vehicle National Law (HVNL) Review consultation RIS was published on 25 June 2020. The RIS sets out a suite of options for the future law and analyses the impacts they might have. NatRoad with its members, needs to consider the reform options and advise the NTC what the preferred reforms are. The RIS is available here. (25 June 2020)

Comcare: New silica exposure standards

The workplace exposure standard (WES) for respirable crystalline silica (RCS) is being reduced in the Comcare jurisdiction. (01 July 2020)

South Australia

Abuse of Powers of Attorney under the spotlight

In the face of increasing concerns about the abuse of Powers of Attorney, legal experts are asking for submissions as part of their review of existing South Australian law. Submissions are open until 4 September 2020 to give their feedback via the yourSAy website which also includes further background and fact sheets. SALRI will consider submissions and provide a report to the South Australian Government by the end of 2020 with recommendations about how the law can be improved. (June 2020)

Law Society of Australia: Submissions

Minimum Age of Criminal Responsibility (01 July 2020)

Access to Wills in SA (22 June 2020)

Statues Amendment (Transport Portfolio Bill) 2020 (15 June 2020)

SA Courts Update

Environment, Resources and Development Court COVID-19 Update (22 June 2020)

All Matters before Adelaide Magistrates Court From 22 June 2020

ICAC/OPI: Judicial officer arrested

Magistrate Harrap has been charged with two counts of deception and one count of conspiracy to commit the offence of abuse of public office and one count of conspiracy to attempt to obstruct or pervert the course of justice or due administration of the law. Magistrate Harrap has been bailed to appear in the Adelaide Magistrates Court on 6 July 2020. (29 June 2020)

ICAC/OPI: Evaluation of the Department for Correctional Services recommenced

Many evaluation activities were suspended in March 2020 given restrictions imposed as a consequence of the COVID-19 pandemic. The deputy Independent Commissioner Against Corruption now extends further invitation to members of the public or interested parties to make a written submission relevant to the scope of the evaluation. Written submissions will be received until 10 July 2020. Any person wishing to obtain more information about the evaluation should visit the ICAC website www.icac.sa.gov.au. (18 June 2020)

PUBLISHED - ARTICLES, PAPERS, REPORTS

The economic contribution of Australia’s copyright industries – 2006-2018

Australian Copyright Council: 29 June 2020

Using a globally accepted framework, in this study we present an estimation of the scale and importance of the copyright industries within the Australian economy and a point of comparison against other industries and countries.

Management of the Australian Government’s Lobbying Code of Conduct — Follow-up Audit

ANAO: 26 June 2020

The objective of this audit was to examine the effectiveness of the Attorney-General’s Department’s implementation of the recommendations from Auditor-General Report No.27 of 2017–18, Management of the Australian Government’s Register of Lobbyists.

Referrals, Assessments and Approvals of Controlled Actions under the Environment Protection and Biodiversity Conservation Act 1999

ANAO: 25 June 2020

The objective of this audit was to assess the effectiveness of the Department of Agriculture, Water and the Environment’s administration of referrals, assessments and approvals of controlled actions under the Environment Protection and Biodiversity Conservation Act 1999.

ADVICE | TRANSACTIONS | DISPUTES

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Implementation of ANAO and Parliamentary Committee Recommendations — Education and Health Portfolios

ANAO: 25 June 2020

The audit objective was to examine whether selected entities in the Health and Education portfolios implemented the Joint Committee of Public Accounts and Audit and other parliamentary inquiry report recommendations and agreed ANAO performance audit recommendations.

Management of Agreements for Disability Employment Services

ANAO: 24 June 2020

The audit objective was to assess the effectiveness of the Department of Social Services’ arrangements for managing Disability Employment Services provider agreements.

Audit Insights: Fraud Control Arrangements

ANAO: 24 June 2020

Audit Insights covered nine focus areas: Risk assessment; planning; prevention, awareness and training; third party arrangements; detection; investigation; quality assurance and review; reporting and culture.

ANAO Performance Audits

Due to table: June, 2020 Open for contribution Administration of financial disclosure requirements under the Commonwealth Electoral Act

Due to table: June, 2020 Open for contribution Management of the Australian Government’s Register of Lobbyists — follow-up

CASES

Nguyen v The Queen [2020] HCA 23

Appeal allowed. Evidence – Criminal trial – Mixed statements – Where appellant interviewed by police prior to being charged – Where appellant made inculpatory and exculpatory statements during interview (“mixed statements”) – Where recorded interview relevant and admissible – Where recorded interview not tendered by prosecution at trial – Whether prosecution’s obligation to put case fully and fairly requires tender of records of interview containing mixed statements. Evidence (National Uniform Legislation) Act 2011 (NT), ss 59(1), 81, 190.

Nationwide News Pty Limited v Rush [2020] FCAFC 115

DEFAMATION – appeal from judgment in respect of three publications found to be seriously defamatory – seven separate defamatory imputations – award of damages including interest totalling $2,872,753.10 – on appeal, apprehension of bias grounds wholly abandoned – whether the primary Judge erred in finding that two of the publications conveyed one of the pleaded imputations – whether the Judge erred in rejecting the appellants’ defence of justification, on the basis of credibility findings – whether the primary Judge had disavowed reliance on witness demeanour in making the credibility findings – whether the Judge

erred in finding that the evidence of the appellants’ primary witness was unreliable –whether the Judge erred in finding that the evidence of the primary witness concerning the incidents alleged by the appellants was uncorroborated – whether the Judge erred in finding that a text sent by the respondent to the appellants’ primary witness was not inappropriate – whether the Judge erred in refusing leave to the appellants late in the trial to amend their filed defence so as to raise new particulars of justification.

DAMAGES – assessment of damages for non-economic loss – proper construction of s 35 of the Defamation Act –whether the decision of the Victorian Court of Appeal in Bauer Media Pty Ltd v Wilson (No 2) [2018] VSCA 159; 3 VR 111 is plainly wrong – argument raised for the first time on appeal – whether expedient in the interests of justice to entertain argument – Bauer Media not shown to be plainly wrong.

DAMAGES – assessment of damages for non-economic loss

EVIDENCE – whether opinion evidence of witnesses who knew the respondent was admissible DAMAGES – assessment of damages for economic loss EVIDENCE – principles in Jones v Dunkel –

DAMAGES – assessment of damages for future economic loss – choice of period over which future loss of earning capacity estimated – application of Malec v J C Hutton Pty Ltd [1990] HCA 20; 169 CLR 638 – no error by Judge in estimating future economic loss.

Evidence Act 1995 (Cth) ss 44, 66, 69, 135, 140; Federal Court of Australia Act 1976 (Cth) ss 37M, 37N, 47A(1); Federal Court Rules 2011 (Cth) r 2.32; Defamation Act 2005 (NSW) ss 3(a), 6, 25, 28, 29, 34, 35, 36

Broadlex Services Pty Ltd v United Workers’ Union [2020] FCA 867

INDUSTRIAL LAW — appeal from Local Court of NSW — meaning of “employment is terminated” in s 119(1) of Fair Work Act 2009 (Cth) —

CONTRACTS — effect of termination of contract of employment on employment relationship

STATUTORY INTERPRETATION — meaning of “employment is terminated” in s 119(1) of Fair Work Act 2009 (Cth)

Mohamed trading as Billan Family Day Care v Secretary, Department of Education, Skills & Employment [2020] FCA 900

ADMINISTRATIVE LAW – purpose and scope of s 15 of the Administrative Decisions (Judicial Review) Act 1977 (Cth) – principles governing the grant of a stay – whether an undertaking as to damages is required

ADVICE | TRANSACTIONS | DISPUTES

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Australian Broadcasting Corporation and Australian Federal Police (Freedom of Information) [2020] AICmr 23

Freedom of Information — Whether disclosure would have adverse effect on management or assessment of personnel — Whether contrary to public interest to release conditionally exempt documents — (CTH) Freedom of Information Act 1982 ss 11A(5), 47E(c)

Clifford Chance Lawyers and National Competition Council (Freedom of Information) [2019] AICmr 26

Freedom of Information — Scope of the request — Whether reasonable steps taken to locate documents — Whether documents subject to legal professional privilege — (CTH) Freedom of Information Act 1982 ss 24A and 42

Jackson Gothe-Snape and Services Australia (Freedom of Information) [2020] AICmr 19

Freedom of Information — Whether material in documents irrelevant to the request — Whether reasonable steps taken to locate documents — Whether documents brought into existence for the dominant purpose of briefing a Minister on a Cabinet document — Whether disclosure of documents would reveal a Cabinet deliberation or decision — Whether documents contain deliberative matter prepared for a deliberative purpose — Whether contrary to the public interest to release conditionally exempt documents — (CTH) Freedom of Information Act 1982 ss 11A(5), 22, 24A, 34(1)(c), 34(3) and 47C

‘RX’ and Australian Securities and Investments Commission (Freedom of Information) [2020] AICmr 16

Freedom of Information — Whether reasonable steps taken to locate documents — 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 11A(5), 24A and 47E(d)

‘SA’ and Department of Home Affairs (Freedom of Information) [2020] AICmr 17

Freedom of Information — Whether disclosure would cause damage to the security of the Commonwealth — 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 the public interest to release conditionally exempt documents — (CTH) Freedom of Information Act 1982 ss 11A(5), 33(a)(i), 47E(d) and 47F

‘SB’ and Services Australia (Freedom of Information) [2020] AICmr 18

Freedom of Information — Whether a practical refusal reason exists — (CTH) Freedom of Information Act 1982 ss 24, 24AA, 24AB and 55D

‘SC’ and Services Australia (Freedom of Information) [2020] AICmr 20

Freedom of Information — Whether a practical refusal reason exists — (CTH) Freedom of Information Act 1982 ss 24, 24AA, 24AB and 55D – myhealth records

‘SO’ and Services Australia (Freedom of Information) [2020] AICmr 25

Freedom of Information — Whether a practical refusal reason exists — Whether the request consultation process was followed — Whether work involved in processing the request would substantially and unreasonably divert the resources of the agency from its other operations —(CTH) Freedom of Information Act 1982 ss 24, 24AA, 24AB and 55D

CHATTAWAY v MINISTER FOR HEALTH AND WELLBEING & ORS [2020] SASCFC 63

STATUTES - ACTS OF PARLIAMENT - STATUTORY POWERS AND DUTIES - EXERCISE - GENERALLY

ADMINISTRATIVE LAW - JUDICIAL REVIEW - REVIEWABLE DECISIONS AND CONDUCT - DISTINCTION BETWEEN ADMINISTRATIVE AND JUDICIAL FUNCTIONS

ADMINISTRATIVE LAW - PREROGATIVE WRITS AND ORDERS - HABEAS CORPUS - APPROPRIATENESS OF REMEDY - WHETHER HABEAS CORPUS OR APPEAL APPROPRIATE

COMMISSIONER OF POLICE & ANOR v NO RESPONDENT; COMMISSIONER OF POLICE & ANOR v CORONERS COURT OF SOUTH AUSTRALIA [2020] SASCFC 64

MAGISTRATES - CORONERS - INQUESTS AND INQUIRIES - OTHER MATTERS

ADMINISTRATIVE LAW - JUDICIAL REVIEW - REVIEWABLE DECISIONS AND CONDUCT

ADMINISTRATIVE LAW - JUDICIAL REVIEW - GROUNDS OF REVIEW - JURISDICTIONAL MATTERS

ADMINISTRATIVE LAW - JUDICIAL REVIEW - GROUNDS OF REVIEW - FAILURE TO OBSERVE STATUTORY PROCEDURE

ADMINISTRATIVE LAW - JUDICIAL REVIEW - GROUNDS OF REVIEW - PROCEDURAL FAIRNESS

ADMINISTRATIVE LAW - JUDICIAL REVIEW - STANDING TO INSTITUTE PROCEEDINGS - PARTICULAR CASES

ADMINISTRATIVE LAW - JUDICIAL REVIEW - POWERS OF COURTS UNDER JUDICIAL REVIEW LEGISLATION – DECLARATIONS

PIAZZA & ANOR v STRATA CORPORATION 10147 INC & ANOR (No 2) [2020] SASCFC 62

APPEAL AND NEW TRIAL - APPEAL - PRACTICE AND PROCEDURE - SOUTH AUSTRALIA - POWERS OF COURT - COSTS

PROCEDURE - STATE AND TERRITORY COURTS: JURISDICTION, POWERS AND GENERALLY – DECLARATIONS

ADVICE | TRANSACTIONS | DISPUTES

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SHARMAN v THOMAS [2020] SASCFC 52

ENVIRONMENT AND PLANNING - PARKS AND RESERVES - REGULATION OF ACTIVITIES WITHIN PARKS AND RESERVES

CRIMINAL LAW - APPEAL AND NEW TRIAL - PROCEDURE - POWERS OF COURT ON APPEAL - POWER TO ORDER NEW TRIAL OR QUASH CONVICTION AND DIRECT ENTRY OF VERDICT OF ACQUITTAL - WHERE CONVICTION QUASHED AND VERDICT OF ACQUITTAL ENTERED

APPEAL AND NEW TRIAL - NEW TRIAL - IN GENERAL AND PARTICULAR GROUNDS - PARTICULAR GROUNDS - IMPROPER ADMISSION OR REJECTION OF EVIDENCE - WHEN NEW TRIAL GRANTED

3. The other grounds of appeal need not be determined. 4. It has not been established that, notwithstanding the error in the judge’s factual finding, the charges have been so clearly proved such that this Court can be satisfied that the verdicts of guilty were inevitable. 5. The verdicts of guilty are quashed on each count and the matter is remitted for retrial on all counts before a different judge.

MCDONALD v STATE OF SOUTH AUSTRALIA [2020] SASC 112

PROCEDURE - CIVIL PROCEEDINGS IN STATE AND TERRITORY COURTS - COSTS - REGULATED COSTS: GROSS OR FIXED COSTS, LUMP SUM ORDERS OR CAPPING ORDERS AND LIKE MATTERS

PLAYERS P/L (IN LIQ) (RECEIVER APPOINTED) & ORS v CLONE P/L & ORS (No 2) [2020] SASC 115

PROCEDURE - CIVIL PROCEEDINGS IN STATE AND TERRITORY COURTS - COSTS - TAXATION AND OTHER FORMS OF ASSESSMENT - PARTICULAR ITEMS - COUNSEL FEES - INTERSTATE COUNSEL

LEGISLATION

Commonwealth

Regulations

National Disability Insurance Scheme (Practice Standards—Worker Screening) Amendment Rules 2020

29/06/2020 - This instrument amends the National Disability Insurance Scheme (Practice Standards—Worker Screening) Rules 2018 to make changes to the transitional arrangements that apply to States and Territories to allow for a new commencement date of national worker screening and update the transitional requirements in some jurisdictions to reflect changes to policy and legislation in those jurisdictions.

Consumer Data Right (Energy Sector) Designation 2020

29/06/2020 - This instrument designates specified National Electricity Market datasets as subject to the consumer data right and applies the consumer data right to generic product information in relation to generic gas offerings (but not customer and usage data for gas offerings which relates to specific customers, except to the extent that this information may be incidental to electricity offerings).

Australian Sports Anti-Doping Authority Amendment (Sport Integrity Australia) Regulations 2020

29/06/2020 - These regulations amend the Australian Sports Anti-Doping Authority Regulations 2006 (renamed Sport Integrity Australia Regulations 2020 on 1 July 2020), Australian Crime Commission Regulations 2018, Customs (Prohibited Imports) Regulations 1956 and the Electoral and Referendum Regulation 2016 to support the implementation of the Sport Integrity Australia Act 2020 and the National Sports Tribunal Act 2019 (NST Act). In addition, the instrument will implement the lower-level athlete reforms as requested by the Government in its response to the Review of Australia’s Sports Integrity Arrangements.

Acts

Crimes Legislation Amendment (Sexual Crimes Against Children and Community Protection Measures) Act 2020

25/06/2020 - Act No. 70 of 2020 compilation

Australian Sports Anti-Doping Authority Amendment (Enhancing Australia’s Anti-Doping Capability) Act 2020

17/06/2020 - Act No. 51 of 2020 as made

Bills

Commonwealth Electoral Amendment (Banning Dirty Donations) Bill 2020

18/06/2020 - The Bill proposes amendments to the Commonwealth Electoral Act 1918 (the Act) that will prohibit political donations from certain industries, and impose a cap on all other donations. Specifically, amendments are proposed to ban donations from: property developers; the tobacco industry; the banking industry; liquor and gambling businesses; pharmaceuticals companies; the mining industry.

Electoral Legislation Amendment (Miscellaneous Measures) Bill 2020

16/06/2020 - The Bill clarifies the relationship between federal and state and territory electoral finance laws, makes technical amendments to public election funding rules and streamlines electoral processes for the efficient delivery of federal electoral events.

South Australia

Proclamations

18.6.2020 p 3391 Statutes Amendment and Repeal (Simplify) Act (Commencement) Proclamation 2020

18.6.2020 p 3392 Surrogacy Act (Commencement) Proclamation 2020

18.6.2020 p 3393 Administrative Arrangements (Administration of Surrogacy Act) Proclamation 2020

18.6.2020 p 3395 Youth Court (Designation and Classification of Magistrate) Proclamation 2020

18.6.2020 p 3396 Youth Court (Designation and Classification of Magistrates) Proclamation 2020

ADVICE | TRANSACTIONS | DISPUTES

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25.6.2020 p 3505 Summary Offences (Trespass on Primary Production Premises) Amendment Act (Commencement) Proclamation 2020

25.6.2020 p 3506 Administrative Arrangements (Transfer of Assets to State Owned Generators Leasing Co Pty Ltd) Proclamation 2020

25.6.2020 p 3507 Administrative Arrangements (Transfer of Assets to Treasurer) Proclamation 2020

Acts

2020-14 COVID-19 Emergency Response (Further Measures) Amendment Act 2020

2020-15 Statutes Amendment (Bail Authorities) Act 2020 (11 June 2020)

2020-16 Criminal Law (Legal Representation) (Reimbursement of Commission) Amendment Act 2020 (11 June 2020)

2020-17 Rail Safety National Law (South Australia) (Rail Safety Work) Amendment Act 2020 (11 June 2020)

2020-18 Labour Hire Licensing (Miscellaneous) Amendment Act 2020 (25 June 2020)

2020-19 Liquor Licensing (Liquor Production and Sales Licence) Amendment Act 2020 (25 June 2020)

Regulations

2020-213 Births, Deaths and Marriages Registration (Surrogacy) Variation Regulations 2020

2020-214 Family Relationships (Surrogacy) Variation Regulations 2020

2020-215 Relationships Register (Surrogacy) Variation Regulations 2020

2020-225 COVID-19 Emergency Response (Section 14) (No 2) Variation Regulations 2020

2020-226 COVID-19 Emergency Response (Section 16) (No 1) Variation Regulations 2020

2020-227 Coroners Regulations 2020

2020-228 Summary Offences (Custody Notification Service) Variation Regulations 2020

2020-231 Planning, Development and Infrastructure (Accredited Professionals) (Mutual Liability Scheme) Variation Regulations 2020

ADVICE | TRANSACTIONS | DISPUTES

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Josh Simons

Partner

+61 8 8236 1122+61 414 370 774jsimons@tglaw.com.au

Loretta Reynolds

Partner, Markets

+61 8 8236 1406+61 403 069 819lreynolds@tglaw.com.au

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NEWSLETTER EDITORS

Chris Kelly

Partner

+61 8 8236 1169+61 402 883 848ckelly@tglaw.com.au

Lisa Ziegler

Special Counsel

+61 8 8236 1103

lziegler@tglaw.com.au

CHIEF EXECUTIVE PARTNER

Adrian Tembel

Chief Executive Partner

+61 8 8236 1312 +61 402 009 560atembel@tglaw.com.au

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