The Australian Senate passes a revenge porn Bill onto the House of Representatives

By Peter Clarke Yesterday the Senate passed the Enhancing Online Safety (Non-consensual Sharing of Intimate Images) Bill 2017. Or a bill to ban revenge porn. It must now pass through the House of Representatives before it will become law. It is a complex Bill and one that is a reasonable but not the best response to this growing problem.
The summary is described as:
Amends the: Enhancing Online Safety Act 2015 to: prohibit the posting of, or threatening to post, an intimate image without consent on a social media service, relevant electronic service or a designated internet service; establish a complaints and objections …read more

Source:: Peter A Clarke

Firearm Prohibition Order Regime Raises Human Rights Concerns

By Melbourne Criminal Lawyers Written by Shaun Pascoe, Partner, Doogue + George Defence Lawyers. New laws have been introduced to tackle gun related crimes in Victoria, but with these proposed changes, serious human rights concerns are raised. The Firearms Amendment Bill 2017 (Vic) passed through parliament yesterday. The new concept introduced under the amending legislation is the creation of a […]
The post Firearm Prohibition Order Regime Raises Human Rights Concerns appeared first on Melbourne Criminal Lawyers Blog. …read more

Source:: Melbourne Criminal Lawyers Blog

Apportionment of responsibility and damages

By wjmadden Metro North Hospital and Health Service v Pierce [2018] NSWCA 11 is a decision today of the NSW Court of Appeal. The headnote explains:
“…Ms Emily Pierce, has suffered from epilepsy since the age of six. In 2010, at the age of 20, Ms Pierce underwent electroencephalographic monitoring, a telemetry testing procedure requiring sleep deprivation and the withdrawal of medication, to induce a seizure so as to determine whether surgery would be suitable to address her epileptic episodes. The testing was held at one of the appellant’s hospitals, the Royal Brisbane and Women’s Hospital.
Subsequently, Ms Pierce brought a claim for damages …read more

Source:: Bill Madden

Hospital liability for sexual assault of a patient by another patient

By wjmadden A B v Australian Capital Territory [2018] ACTSC 16 is an unusual decision in which a young female patient claimed against a hospital, having been the victim of a sexual assault by a male patient who had been placed in the same ward as her. At the time of his admission, the male patient had been abusive and apparently affected by alcohol and or drugs. The male patient had also had a ‘significant’ history of attendances at the hospital. He later pleaded guilty to a criminal charge in respect of the sexual assault (at [9]).
The trial judge held at [24] …read more

Source:: Bill Madden

Search + Translate

By wjmadden Did you know that you can search every blog post on this site, and translate the post into a number of other languages?
The “Search” box is on the right side of the desktop page, just below the blue button which automates following of the site’s twitter feed.
Below that is the Google supplied “Select Language” tool, with a number of languages into which the text can be translated. Having tested it for Japanese, I am told that the translation is far from perfect – but perhaps of some use.
Those reading the site on a mobile will need to scroll down to …read more

Source:: Bill Madden

Healthcare + Prisoners

By wjmadden Summarised by Nigel Poole in his Learned Friend blog is yesterday’s Queens Bench decision of Razumas v Ministry of Justice [2018] EWHC 215 (QB), in which a prisoner sought to claim against the Ministry of Justice for delayed treatment of sarcoma, over a three year period. He had been in prison for part of that period.
The claim failed on a number of grounds, but is of interest for the court’s consideration of the content of the duty of care owed by the Ministry (at [109]), the lack of a relevant non-delegable duty of care (at [132]) and the failure …read more

Source:: Bill Madden

Mandatory Comprehensive Credit Reporting draft Bill

By David Jacobson The Government has released an exposure draft National Consumer Credit Protection Amendment (Mandatory Comprehensive Credit Reporting) Bill 2018 for consultation.
The Bill amends the National Credit Act to establish a mandatory comprehensive credit reporting regime which will apply from 1 July 2018.
Who will it affect?
The mandatory regime applies to ‘eligible licensees’ which initially will be large ADIs and their subsidiaries that hold an Australian credit licence. An ADI is considered large where its total resident assets on a 3 year average are greater than $100 billion.
Other credit providers will be subject to the regime if they are prescribed in regulations.
What are …read more

Source:: Bright Law

Open Banking Report

By David Jacobson Treasury has released the Report of the Review into Open Banking.
Open Banking gives customers a right to direct that the information they already share with their bank be safely shared with others they trust.
The Report focusses on how Open Banking should be done: it makes recommendations on the regulatory framework, the type of banking data in scope, privacy and security safeguards for banking customers, the data transfer mechanism and implementation issues.
The Government is currently considering its response to the Open Banking Review and is seeking submissions on the practical implications of the recommendations.
Commencement Date
The Report recommends that a period of …read more

Source:: Bright Law

Financial Services Royal Commission hearings start

By David Jacobson The initial public hearing of the Royal Commission into Misconduct in the Banking, Superannuation and Financial Services Industry took place on Monday 12 February 2018 in Melbourne. Background
A transcript of the initial hearing is now available on the Royal Commission website.
Of particular interest was the Commissioner’s comments in relation to certain banks requesting additional time to prepare a response to the Commissioner’s request for information:
“That a request for details of events of misconduct as defined in the terms of reference identified during the last five years cannot be met within the time sought, even though the initial request for …read more

Source:: Bright Law

Competition in the Australian financial system report

By David Jacobson The Productivity Commission has released its draft report on competition in the Australian financial system.
The Report clearly states its objectives:
“The financial system must be strong and stable. But equally, it should ensure that Australia’s businesses and households are well-served and can have confidence that ‘unquestionably strong’ institutions are not exploiting the market power that might accompany this exalted status.
This inquiry focusses on competition in Australia’s financial system as a means to improve consumer outcomes, enhance the productivity and international competitiveness of the financial system and the broader economy, and support ongoing financial system innovation — without undermining financial stability objectives.”
The …read more

Source:: Bright Law