Victoria Public Sector Newsletter Issue 136

Welcome to the latest issue of our Victorian Public Sector Newsletter.

The Victorian State Budget has announced funding that will support Victorians to receive appropriate legal assistance through the Help Before Court program. A $22.8 million sum was also allocated to provide Specialist Family Violence Legal Assistance in various locations across Victoria.

The Joint Select Committee on the Aboriginal and Torres Strait Islander Voice report has recommended that the Federal Government pass the Constitution Alteration Bill without amendment. The Committee’s recommendation reflects the overwhelming consensus of constitutional and legal experts, who told the Committee that the amendment is constitutionally sound.

The newsletter also includes our usual round-up of practice notes, cases and legislation.

In the media

Budget funding supports early access to legal assistance

Funding announced in the State Budget will support Victorians to receive appropriate legal assistance, before making decisions that impact their lives. https://www.legalaid.vic.gov.au/budget-funding-supports-early-access-legal-assistance

A Fairer State For Every Victorian

The Victorian Budget 2023/24 invests in landmark Treaty and truth processes, alongside targeted support for child protection services, women, veterans, public housing residents, LGBTIQ+ communities and multicultural Victorians. https://www.premier.vic.gov.au/fairer-state-every-victorian

Joint Select Committee on the Aboriginal and Torres Strait Islander Voice report

The Federal Government welcomes the final report of the Joint Select Committee on the Aboriginal and Torres Strait Islander Voice today. The Committee has recommended the Parliament pass the Constitution Alteration Bill without amendment. https://ministers.ag.gov.au/media-centre/joint-select-committee-aboriginal-and-torres-strait-islander-voice-report-12-05-2023

Administrative review reform must address challenges of the past

The Law Council of Australia welcomes the announcement that the Government will recommend appointment of the Hon Justice Emilios Kyrou AO as President of the Administrative Appeals Tribunal (AAT) and to help guide reform of Australia’s system of administrative review. https://inbrief.nswbar.asn.au/posts/21dc6bda18d1036ec37b45178e18a858/attachment/Media%20Release.pdf

Independent review recommends overhaul of Australia’s modern slavery laws

A coalition of human rights and academic organisations has welcomed the findings of an independent review of Australia’s Modern Slavery Act, and called on the Federal Government to urgently strengthen the law. https://www.hrlc.org.au/news/2023/5/26/modern-slavery

In practice and courts

ACCC

ACCC welcomes funding to establish National Anti-Scam Centre

https://www.accc.gov.au/media-release/accc-welcomes-funding-to-establish-national-anti-scam-centre

AAT Bulletin

Issue No. 10/2023, 22 May 2023

https://www.aat.gov.au/AAT/media/AAT/Files/AAT%20Bulletins/10-23.pdf

Victorian Law Library Bulletin

Fortnight ending 26 May

https://www.lawlibrary.vic.gov.au/library-services/keeping-date/library-bulletin

Published articles, papers, reports

Constitutional referendums in Australia: a quick guide

This guide offers a general overview of some of the rules and processes involved when conducting a national referendum.

Commonwealth Budget 2023-24: Significant progress for workers, much more to do

The Centre for Future Work’s research team have put together this briefing. They cover all the main features of the budget from the perspective of workers and labour markets. Some of its measures are very positive, such as fiscal support for higher wages for aged care workers, increased JobKeeper benefits, and enhanced Commonwealth Rent Assistance.

Weaponizing privacy and copyright law for censorship

Freedom of the press is facing growing restrictions from technology policies that censor the media under the guise of protecting privacy. This paper examines the global impact of techno-legal regimes such as the US Digital Millennium Copyright Act and the EU Directive on Copyright in the Digital Single Market.

Cases

Tucker v Commissioner of State Revenue [2023] VSCA 125 (25 May 2023)

FREEDOM OF INFORMATION  – Application for leave to appeal decision of the Trial Division refusing leave to appeal on questions of law of a decision of the Victorian Civil and Administrative Tribunal as to the merits of an application under the  Freedom of Information Act 1982  – Exemptions – Public interest override – Whether judge was correct to refuse leave to appeal in circumstances where the proposed appeal had no real prospects of success – Whether judge erred in failing to grant leave to appeal because the Tribunal applied the wrong tests in determining the  freedom of information  application – Whether judge erred in failing to grant leave to appeal because the Tribunal failed to provide reasons why it rejected the legal principles applied by the Information Commissioner in the course of an intermediate administrative review of the  freedom of information  application – Judge correct to conclude the applicant had failed before the Tribunal on the facts and that no error of law had been demonstrated – Application for leave to appeal refused.

Ewins v Ablett [2023] VSC 261 (19 May 2023)

ADMINISTRATIVE LAW  – Judicial review – Application for judicial review of decision of County Court on appeal from Magistrates’ Court – Plaintiff convicted of one charge of aggravated assault – Application to rely on additional documents – Order 56 – Relief sought in the form of certiorari – Whether error of law or denial of procedural fairness – Whether inadequate reasons – Application dismissed

AML v Longden Super Custodian Pty Ltd [2023] VSCA 118 (18 May 2023)

ADMINISTRATIVE LAW  — Judicial review – Procedural fairness – Materiality – Appeal from decision of judge refusing application for interlocutory injunction from decision of Victorian Civil and Administrative Tribunal order to vacate premises previously leased by applicant – Whether primary judge erred in failing to conclude that no arguable error in decision of Tribunal – Whether primary judge erred in concluding that the balance of convenience did not weigh in favour of the grant of the interlocutory injunction – Application for leave to appeal refused.

Taylor v Victorian Institute of Teaching [2023] VSCA 119 (18 May 2023)

ADMINISTRATIVE LAW – Procedural fairness – Applicant’s registration as teacher cancelled after hearing by Panel of Victorian Institute of Teaching – Applicant not attend hearing – Application to trial division for review of decision – Application made 4 years and 8 months out of time – Application for extension of time refused – Applicant also made application to VCAT for review of Panel decision – Application for extension of time refused by VCAT – Appeal to Trial Division from decision of VCAT dismissed – Applications for leave to appeal the two decisions of trial judge – Applications refused.

Giurina v McIlroy & Anor [2023] VSC 236 (17 May 2023)

ADMINSITRATIVE LAW –  Judicial review  – Application for  judicial review  of decision of County Court on appeal from Magistrates’ Court – Plaintiff convicted of 63 charges of theft – Order 56 – Relief sought in the form of certiorari – Whether error of law on the face of the record or unreasonableness – Whether new evidence should be admitted – Application dismissed – Supreme Court (General Civil Procedure) Rules 2015, O 56 – Crimes Act 1958 (Vic) – Craig v South Australia [1995] HCA 58; (1995) 184 CLR 163 – Agar v McCabe [2014] VSC 309; (2014) 67 MVR 81 – Minister for Immigration and Border Protection v Eden [2016] FCAFC 28; (2016) 240 FCR 158 – O’Connor v County Court of Victoria & Anor (2014) 67 MVR 66 – Mackenzie & Ors v Head, Transport for Victoria & Ors [2021] VSCA 100.

Trist v Glenelg Shire Council (No 2) [2023] VSC 254 (16 May 2023)

COSTS – Judicial review – Where the plaintiff succeeded on one issue and failed on another – Whether to apportion the plaintiff’s costs - Where one of two defendants presented the successful argument and adopted the unsuccessful argument of the other defendant – Where defendant had an interest in both issues – Whether to order both defendants to pay costs.

Optus Administration Pty Ltd v Saluwadana [2023] VSC 243 (11 May 2023)

ADMINISTRATIVE LAW — Judicial review — Statutory interpretation — Decision of the Magistrates’ Court of Victoria — Whether magistrate erred in concluding that s 9(2) of the Long Service Leave Act 2018 (Vic) is capable of being alleged and particularised as a continuing offence — Whether presumption of re-enactment applies to equivalent provisions in the Long Service Leave Act 1992 (Vic) and Long Service Leave Act 2018 (Vic) — No error established — Proceeding dismissed — Long Service Leave Act 2018 (Vic), s 9(2) — Long Service Leave Act 1992 (Vic), s 72(2) — Joseph v Worthington [2018] VSCA 102.

Legislation

Workplace Gender Equality Act 2012 (Cth)

C2023C00095 • Act No. 91 of 1986 as amended • Registered: 08/05/2023

Income Tax Assessment Act 1997 (Cth)

C2023C00094 • Act No. 38 of 1997 as amended • Registered: 05/05/2023

Australian National Registry of Emissions Units Act 2011 (Cth)

C2023C00093 • Act No. 99 of 2011 as amended • Registered: 04/05/2023

Climate Change Act 2022 (Cth)

C2023C00092 • Act No. 37 of 2022 as amended • Registered: 02/05/2023