Victorian Public Sector Newsletter Issue 135

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

The Victorian Government has confirmed the framework for future enterprise agreements with the state’s public sector workers, under an updated wages policy. Minister for Industrial Relations Tim Pallas today released details of the new Victorian Public Sector Wages Policy, which increases the wages component from the current 1.5 per cent per annum to a funded annual increase of 3 per cent.

Victoria will move to raise the age of criminal responsibility to 14 within four years, a timeline several legal groups say is too long and risks trapping a new generation of children in the “quicksand” of the justice system. The Victorian Government announced the youth justice reform would take place incrementally, with legislation to be introduced later this year to lift the age to 12 next year. Attorney-General Jaclyn Symes said more work needed to be done after that to further lift the age to 14.

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

In the media

New Wages Policy Strikes Responsible Balance For Victoria

The Victorian Government has confirmed the framework for future enterprise agreements with the state’s public sector workers, under an updated wages policy. Minister for Industrial Relations Tim Pallas today released details of the new Victorian Public Sector Wages Policy, which increases the wages component from the current 1.5 per cent per annum to a funded annual increase of 3 per cent. https://www.premier.vic.gov.au/new-wages-policy-strikes-responsible-balance-victoria

Victoria to move to raise the age of criminal responsibility to 14 within four years

Victoria will move to raise the age of criminal responsibility to 14 within four years, a timeline several legal groups say is too long and risks trapping a new generation of children in the “quicksand” of the justice system. Under the government’s plan, the age would rise from 10 to 12 next year, then to 14 by 2027. A coalition of legal and youth advocacy groups say the age should be raised to 14 with no exceptions. https://www.abc.net.au/news/2023-04-26/victoria-raise-the-age-of-criminal-responsibility-youth-justice/102266764

Improved access to treatment and rehabilitation key to community safety

Providing people with effective treatment and rehabilitation is central to managing their risk of harming the community through re-offending. There are opportunities to improve the effectiveness of post-sentence schemes by increasing access to treatment and rehabilitation services in custody and in the community for people at risk of reoffending. https://www.legalaid.vic.gov.au/improved-access-treatment-and-rehabilitation-key-community-safety

Time for equal access in discrimination claims

A joint statement from the Power to Prevent Coalition, calling on the Australian Government to adopt an equal access costs model for all discrimination matters. https://www.legalaid.vic.gov.au/time-equal-access-discrimination-claims

How to solve the problems of problem-solving courts

Problem-solving courts, also referred to as specialist courts, have been adopted around the world to better address the underlying causes of offending. While they vary in how they seek to achieve this, they share a guiding philosophy: by considering wider circumstances and targeting underlying factors that contribute to the offence, and by employing more therapeutic approaches to justice, the individual is less likely to reoffend, and justice is better served. https://victorialawfoundation.org.au/news/how-to-solve-the-problems-of-problem-solving-courts

On racism, listening and change – Iftar with the Australian Intercultural Society

For Ramadan this year (2023), Taryn Lee, Chair of the Commission’s board, delivered a keynote address at the Victorian Parliament Iftar Dinner, hosted by the Australian Intercultural Society. https://www.humanrights.vic.gov.au/news/taryn-lee-keynote-address-iftar/

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

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/media/AAT/Files/AAT%20Bulletins/7-23.pdf

Victorian Law Library Bulletin

Fortnight ending 14 April

https://www.lawlibrary.vic.gov.au/file/3194/download?token=79dZ4E-u

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

Douglass v Sunbeam Foods Pty Ltd [2023] VSC 205 (21 April 2023)

ADMINISTRATIVE LAW  – Judicial review – Opinion of a Medical Panel – Panel of opinion that worker had ‘current work capacity’ – Whether Panel misapplied the definition of ‘suitable employment’ in concluding that the role of mystery shopper was suitable employment for the plaintiff – Whether Panel failed to consider relevant material – Whether Panel’s reasons adequate – No error established – Proceeding dismissed – Workplace Injury Rehabilitation and Compensation Act 2013 (Vic), s 3 (definition of ‘suitable employment’), s 313.

May21 Pty Ltd v Building Appeals Board [2023] VSC 203 (20 April 2023)

ADMINISTRATIVE LAW  — Judicial review — Error of law on the face of the record — Review of determination of the Building Appeals Board made under the Building Act 1993 (Vic) — Determination of the Building Appeals Board quashed and matters remitted.

Ghosh v Ghosh [2023] VSCA 77 (19 April 2023)

ADMINISTRATION AND PROBATE – Applications for leave to appeal and to stay judge’s orders – Dispute between two brothers following death of mother in hospital – Where applicant alleged mother was ‘systematically murdered’ and mother’s body should have been available for evidence – Where Coroner found mother’s death was ‘not reportable’ – Whether judge erred in making orders releasing mother’s body for purposes of cremation – Whether judge erred in making freezing orders restraining applicant from dealing with or disposing of mother’s assets – Risk of disposition of estate assets – Dispute over validity of will – Applications heard by judge alone pursuant to rr 64.15(4) and 64.15(5) of the Supreme Court (General Civil Procedure) Rules 2015 – Applications dismissed – No order as to costs.

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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