TikTok has been banned from South Australian Government devices due to the significant security and privacy risks posed by the application. Agencies must remove and prevent the installation of TikTok on government issued devices, and must also formally assess the risk of TikTok on personal devices that access official, sensitive or security classified data.

The Law Council of Australia has advised that the Constitution Alteration (Aboriginal and Torres Strait Islander Voice) 2023 to amend the Constitution to provide for the Aboriginal and Torres Strait Islander Voice to Parliament and the Executive Government is just and legally sound and should be passed in its current form.

In the media

Constitutional amendment to provide for the Voice is just and legally sound

The Law Council of Australia has advised that the Constitution Alteration (Aboriginal and Torres Strait Islander Voice) 2023 to amend the Constitution to provide for the Aboriginal and Torres Strait Islander Voice to Parliament and the Executive Government is just and legally sound and should be passed in its current form. https://www.lawcouncil.asn.au/media/media-releases/constitutional-amendment-to-provide-for-the-voice-is-just-and-legally-sound

Appointment of Open Government Forum members

The Government is announcing the membership of Australia’s refreshed Open Government Forum, a significant step towards restoring our international status as an open and transparent government. https://ministers.ag.gov.au/media-centre/appointment-open-government-forum-members-05-04-2023

Australian Law Reform Commission review of religious exemptions for educational institutions extended

There is an extension for the reporting date for the Australian Law Reform Commission’s (ALRC) review of religious exemptions for educational institutions in Federal anti-discrimination law. The extension will give the ALRC further time to properly consider the very large number of submissions to the inquiry. The ALRC will provide its advice to the Government before the end of the year. https://ministers.ag.gov.au/media-centre/australian-law-reform-commission-review-religious-exemptions-educational-institutions-extended-20-04-2023

Consultation on major reform of Australia’s anti-money laundering and counter-terrorism financing laws

The Federal Government has commenced consultation on overdue reforms to Australia’s anti-money laundering and counter-terrorism financing (AML/CTF) regime. No legitimate business wants to assist the laundering of money which funds serious crimes including terrorism, child abuse and the illicit drug trade. The purpose of the AML/CTF regime is to assist businesses to identify these risks in the course of providing their services. https://ministers.ag.gov.au/media-centre/consultation-major-reform-australias-anti-money-laundering-and-counter-terrorism-financing-laws-20-04-2023

South Australia

New laws to stub out smoking in public places across South Australia

Smoking and vaping will be banned in a range of outdoor public places including near schools, shopping centres, buildings and children’s sporting grounds, under a bold new plan to curb smoking and e-cigarette use in South Australia and better protect people from dangerous second-hand effects. https://www.premier.sa.gov.au/media-releases/news-items/new-laws-to-stub-out-smoking-in-public-places-across-south-australia

TikTok banned from SA Government devices

TikTok has been banned from South Australian Government devices after an assessment that the application poses significant security and privacy risks. After receiving advice from intelligence and security agencies, the Commonwealth Attorney General yesterday announced a ban on the app on devices issued by Commonwealth departments and agencies. https://www.premier.sa.gov.au/media-releases/news-items/tiktok-banned-from-sa-government-devices

Allowing e-scooters on our roads: What reforms are needed?

The State Government has announced a review of e-scooter laws which will include public consultation. The recently proposed laws would have allowed e-scooters to be ridden on South Australian roads. In the Society’s view, such a move would have been premature given the lack of analysis and consultation on the safety implications of allowing e-scooters on roads, not least of which is the fact that little consideration has been given to the extent to which people ought to be covered for injuries involving e-scooters. https://lssa.informz.net/ informzdataservice/onlineversion/ind

In practice and courts

ACCC

Parents and guardians asked to share views on childcare
https://www.accc.gov.au/media-release/parents-and-guardians-asked-to-share-views-on-childcare

AAT Bulletin

Issue No. 7/2023, 11 April 2023
https://www.aat.gov.au/aat-bulletin-archive

Published articles, papers, reports

Interim Economic Inclusion Advisory Committee 2023–24 report to the Australian government

In December 2022, the Federal Treasurer, Jim Chalmers, and the Minister for Social Services, Amanda Rishworth, established an Interim Economic Inclusion Advisory Committee. The Committee provides non-binding advice on boosting economic inclusion and tackling disadvantage, including policy settings, systems and structures, and the adequacy, effectiveness and sustainability of income support payments. Its advice is to be delivered ahead of every Federal Budget. The Committee is comprised of social security and economics experts and leaders from the community sector, advocacy organisations, unions, business, and philanthropy.

Education policy outlook in Australia

This country policy profile on education in Australia is part of the Education Policy Outlook series. Building on the first policy profile for Australia (2013), it offers a concise analysis of where the education system stands and how this compares to other systems. The report brings together over a decade’s worth of policy analysis by the Education Policy Outlook, as well as recent OECD data, relevant thematic and country- specific work, and other international and national evidence. It also benefits from the Education Policy Outlook’s ongoing comparative analysis of resilience and responsiveness in education policy.

Cases

Adnyamathanha Traditional Lands Association & Ors V Rangelea Holdings Pty Ltd [2023] SASC 51 (6 April 2023)

Aboriginal and torres strait islander peoples - aboriginal and torres strait islander corporations
Equity - trusts and trustees - classification of trusts
Equity - trusts and trustees - proceedings between trustees and beneficiaries or third parties
Equity - trusts and trustees - powers, duties, rights and liabilities of trustees - accounts - liability of trustees and entitlement of cestui que trust
Equity - trusts and trustees - powers, duties, rights and liabilities of trustees - miscellaneous other powers, duties and liabilities - duty to disclose documents

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Fletcher V Australian Health Practitioner Regulation Agency [2023] SASCA 36 (3 April 2023)
Appeal and new trial - appeal - general principles - interference with discretion of court below - particular cases - other matters - costs
Administrative law - administrative tribunals - statutory appeals from administrative authorities to courts

Legislation

Income Tax Assessment Act 1997

C2023C00089 • Act No. 38 of 1997 as amended • Registered: 21/04/2023

Royal Commissions Act 1902

C2023C00088 • Act No. 12 of 1902 as amended • Registered: 21/04/2023

Telecommunications Act 1997

C2023C00087 • Act No. 47 of 1997 as amended • Registered: 20/04/2023

National Health Act 1953

C2023C00085 • Act No. 95 of 1953 as amended • Registered: 19/04/2023

Telstra Corporation and Other Legislation Amendment Act 2021

C2023C00086 • Act No. 140 of 2021 as amended • Registered: 19/04/2023

Industry Research and Development Act 1986

C2023C00084 • Act No. 89 of 1986 as amended • Registered: 19/04/2023

Carbon Credits (Carbon Farming Initiative) Act 2011

C2023C00083 • Act No. 101 of 2011 as amended • Registered: 18/04/2023

Social Security Act 1991

C2023C00082 • Act No. 46 of 1991 as amended • Registered: 17/04/2023

Clean Energy (Consequential Amendments) Act 2011

C2023C00080 • Act No. 132 of 2011 as amended • Registered: 13/04/2023

Freedom of Information Act 1982

C2023C00079 • Act No. 3 of 1982 as amended • Registered: 13/04/2023

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