NSW Act to Implement Changes to Work Health and Safety Laws
On 12 November 2019, the New South Wales Minister for Better Regulation and Innovation, Kevin Anderson, introduced the Work Health and Safety Amendment (Review) Bill 2020 (NSW) (“the Bill”) into the Legislative Assembly. The Bill passed the lower house with amendments on 26 February 2020, before passing the upper house on 4 June 2020. The Bill was assented on 4 June 2020.
WA Conservation Legislation Amended for Greater Recognition of Aborignal Interests
The Conservation and Land Management Amendment Bill 2020 (WA) (the Bill) was introduced into the WA Parliament by Mr R.R. Whitby (Parliamentary Secretary to the Treasurer; Minister for Finance; Aboriginal Affairs; Lands, and; Parliamentary Secretary to the Minister for Environment; Disability Services) on 25 June 2020. The purpose of the Bill was stated to be to amend the Conservation and Land Management Act 1984 (WA) (the CALM Act) to implement Government policy commitments, including the joint vesting of marine parks with traditional owners.
NSW Act Establishes Statutory Defences for Mental Health & Cognitive Impairment
On 25 June 2020, the Mental Health and Cognitive Impairment Forensic Provisions Act 2020 (NSW) ("the Act") received assent. The Act repeals, rewrites and renames the Mental Health (Forensic Provisions) Act 1990 (“the 1990 Act”). The purpose of the Act is to implement reforms recommended by the NSW Law Reform Commission in two forensic health reports titled “Diversion” (“2012 Report”) and “Criminal Responsibility and Consequences” (“2013 Report”).
ACCC Takes Internet Providers to Court Over Allegations of Misleading NBN Speed Claims
The Australian Competition and Consumer Commission (“ACCC”) have announced in a media release that they have instituted proceedings in Federal Court against Dodo Services Pty Ltd (“Dodo”) and Primus Telecommunications Services Pty Ltd (“iPrimus”), which are both owned by Vocus Group (“Vocus”), alleging the companies made “false or misleading claims about the NBN broadband speeds their customers could achieve during busy evening hours”.
Review of the Role and Operation of Powers of Attorney Announced in SA
Recently the "YourSAy engagements" website posted a new proposal for discussion and feedback on the role and operation of powers of attorney in South Australia with a particular focus on the Powers of Attorney and Agency Act 1984 (SA) (the POA Act). The broad description of the investigation is that it is looking at "whether the current laws that apply to Enduring Powers of Attorney (POAs) are effective and are working to protect vulnerable South Australians".
HyperLife Pty Ltd t/a Acme Preston v Brennan [2020] FWC 3080: Redundancy Payments
Reduced
In HyperLife Pty Ltd t/a Acme Preston v Brennan [2020] FWC 3080 (12 June 2020), Deputy President Dean has granted a Sydney-based manufacturing firm (“ACME Preston”) a $29,606 reduction in redundancy payouts across a total of four hearings, essentially cutting 29 weeks’ worth of entitlements for workers at the company’s manufacturing plant.
New NSW Residential Apartment Buildings (Compliance and Enforcement Powers) Act 2020
On 2 June 2020, the New South Wales Minister for Better Regulation and Innovation, Kevin Anderson, introduced the Residential Apartment Buildings (Compliance and Enforcement Powers) Bill 2020 (NSW) (“the Bill”) into the Legislative Assembly. The Bill passed the lower house with amendments on 3 June 2020, and passed the upper house on 4 June 2020 with further amendments. The Legislative Assembly agreed to the Legislative Council’s amendments on the same day and the Bill was assented on 10 June 2020. The Residential Apartment Buildings (Compliance and Enforcement Powers) Act 2020 (NSW) (“the Act”) is due to commence on 1 September 2020.
ACT Bill to Remove Potential for COVID-19 Compensation Claims under Public Health
Act
The Public Health Amendment Bill 2020 (the Bill) was presented to the ACT Assembly on 4 June 2020 by the Minister for Health, Rachel Stephen-Smith. Presenting the Bill the Minister described the Bill as "a Significant Bill", which are those that have been assessed by reference to a range of criteria to "warrant a more detailed reasoning in relation to compatibility with the Human Rights Act 2004". The Bill's key proposal is to amend the Public Health Act 1997 (ACT) (the Act) to "provide that compensation will not be payable to an otherwise eligible person in relation to any loss or damage suffered as a result of anything done in the exercise of a function under Part 7 of the Act" which deals with public health emergencies.
ACCC v Sony Interactive Entertainment Network Europe Limited [2020] FCA 787
On 5 June, the Federal Court of Australia in Australian Competition and Consumer Commission v Sony Interactive Entertainment Network Europe Limited [2020] FCA 787 (‘ACCC v SIENE’) declared that SIENE engaged in conduct that contravened sections 18 and 29(1)(m) of the Australian Consumer Law (‘the ACL’). The ACL is set out in Schedule 2 of the Competition and Consumer Act 2010 (Cth). Section 18 of the ACL prohibits a person, in trade or commerce, from engaging in conduct that is misleading or deceptive or is likely to mislead. Section 29(1)(m) of the ACL prohibits a person, in trade and commerce, in connection with the supply of good or services, from making a false or misleading representation concerning the existence, exclusion or effect of any condition, warranty, guarantee, right or remedy.
ASIC v Commonwealth Bank of Australia [2020] FCA 790: Fine For Excessive Fees
In ASIC v Commonwealth Bank of Australia [2020] FCA 790 (5 June 2020), the Federal Court of Australia (“Federal Court”) has ruled that Commonwealth Bank of Australia (“CBA”) pay a $5 million fine for charging excessive fees to 8,659 farmers who took part in the bank’s flawed AgriAdvantage Plus Package scheme.
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