Calculating Native Title Compensation at the High Court: NT v Griffiths [2019] HCA
7
On 13 March 2019, the High Court of Australia handed down a judgment in regards to compensation payable to the Ngaliqurru and Nungali Peoples (‘the Claim Group’) pursuant to section 51 of the Native Title Act 1993 (CTH) (‘the Act’). In Northern Territory v Mr A. Griffiths (deceased) and Lorraine Jones on behalf of the Ngaliwurru and Nungali Peoples [2019] HCA 7, the Court reduced the amount to be awarded to the Claim Group as compensation from $3.3 million to $2.53 million for the non-exclusive native title rights and interests that were extinguished. The compensation was made up of 50% of the freehold value of the affected land accounting for simple interest, and factored for cultural loss.
NT Amends Criminal Code To Expand Definition of Emergency Workers; Introduce Alternative
Verdict
The Criminal Code Amendment Bill 2018 ("the Bill") was introduced to the Northern Territory’s Legislative Assembly ("the Assembly") on 31 October 2018, by the Attorney-General and Minister for Justice, the Hon Natasha Fyles. The Assembly subsequently referred the Bill to the Social Policy Scrutiny Committee (the “Committee”) for inquiry with a report delivered during December 2018.
Grajewski v DPP (NSW) [2019] HCA 8 - Meaning of Damaging Property
In Paul Olaf Grajewski v Director of Public Prosecutions (NSW) [2019] HCA 8 (13 March 2019), a majority of the High Court has allowed an appeal from a decision of the Court of Criminal Appeal of the Supreme Court of NSW (see Grajewski v Director of Public Prosecutions (NSW) [2017] NSWCCA 251 (24 October 2017)). In doing so, the High Court has quashed the appellant's conviction and sentence for the offence of “intentionally or recklessly destroying or damaging property belonging to another”, contrary to the Crimes Act 1900 (NSW) section 195(1)(a).
WA Releases Discussion Paper for Changes To The Aboriginal Heritage Act 1972
On 7 March 2019, Benjamin Wyatt, the WA Minister of Aboriginal Affairs released a discussion paper to review the Aboriginal Heritage Act 1972 (WA) (‘the Act’), which has remained largely unchanged for nearly 50 years. The discussion paper proposes amendments to the current Act and recommends a new framework for efficient land use by industry and other land users.
Migrant Workers' Taskforce Makes 22 Recommendations, Including New Criminal Penalties
On 7 March 2019, the Minister for Jobs and Industrial Relations, the Hon Kelly O’Dwyer MP (the Minister), released the report of the Migrant Workers' Taskforce (the Taskforce). The Taskforce was established in 2016 as part of the Federal Government’s commitment to protect vulnerable workers, and was chaired by Professor Allan Fels AO and Dr David Cousins A. The Taskforce's final report contains 22 recommendations targeted at improving workplace protections for vulnerable migrant workers.
FWO v Her Fashion Box Pty Ltd [2019] FCCA 425: Court Imposes Penalties for Staff Underpayment
The Fair Work Ombudsman has announced in a Media Release that a fashion start up has received a number of penalties for underpaying three workers, in the recent case of Fair Work Ombudsman v Her Fashion Box Pty Ltd & Anor [2019] FCCA 425 (28 February 2019) in the Federal Circuit Court ("the Court"). The company, Her Fashion Box Pty Ltd (the “Company”) and the sole director, Kathleen Purkis , have received a combined total of $329,133 in penalties.
Council of Attorneys-General Releases Review of Model Defamation Provisions Discussion
Paper
Defamation laws are governed by individual states and territories. However, in late 2004, the Attorneys-General of all the states and territories supported the enactment of uniform model defamation provisions across their respective jurisdictions. This move was necessitated due to the rise of digital media and publications, which cross state borders. As a result, the Model Defamation Provisions were prepared by the Parliamentary Counsel’s Committee and were approved by the Standing Committee of Attorneys-General on 21 March 2005. By mid-2006, all Australian states and territories had adopted the Model Defamation Provisions as legislation.
NT Introduces Water Amendment Bill 2019 To Make Changes Recommended By Fracking Inquiry
On 13 February 2019, the Hon Eva Lawler, introduced the Water Amendment Bill 2019 (NT) (“the Bill”) to the Northern Territory Legislative Assembly. The Bill was immediately referred to the Economic Policy Scrutiny Committee for report by 7 May 2019, with submissions to the Committee due by 11 March 2019.
ACT Introduces Legislation Responding to Royal Commission Into Child Sexual Abuse
On 21 February 2019, the Royal Commission Criminal Justice Legislation Amendment Bill 2019 (the Bill) was presented in the ACT Legislative Assembly by the Attorney-General, Gordon Ramsay MLA. The Bill is part of the ACT Government's official response to the Royal Commission into Institutional Responses to Child Sexual Abuse (the Royal Commission). According to the Attorney-General, the Bill "makes a number of substantive and positive changes to the ACT legislation, following the Royal Commission into Institutional Responses to Child Sexual Abuse", and is the third bill to implement criminal justice recommendations from the royal commission. It continues the establishment of a "legal framework for the protection of people, primarily children, from sexual abuse". The Bill implements eight recommendations from the Royal Commission. The key policy objectives of the Bill are described in the Explanatory Statement to the Bill as being:
Reforming Energy Costs in VIC: the Energy Legislation Amendment (Victorian Default
Offer) Bill 2019
On 19 February 2019, the Minister for Energy, Environment and Climate Change, Ms D’Ambrosio, introduced the Energy Legislation Amendment (Victorian Default Offer) Bill 2019 (VIC) (‘the Bill’) to the Victorian Legislative Assembly.
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