July 2011 Highlights

Administrative Law Subtitle 2.3 Right to Information

Updated by John Fitzgerald, Research Associate, Administrative Decisions Tribunal of New South Wales

This Subtitle explores the right to information schemes in the Commonwealth and the States and Territories. It deals with the history of access to information, the policy objectives of the schemes and the key aspects of the legislation. Also discussed in this Subtitle is the history of statements of reasons and the statutory schemes for reasons. The use of tables in this Subtitle is particularly useful as they help explain key concepts and offer a comparison of the right to information schemes in each of the jurisdictions. References to case law and legislation have been updated to reflect the current state of the law after much right to information reform.

Contract: General Principles Subtitle 7.7 Defences

Updated by Caragh Calder-Potts, Legal Editor, The Laws of Australia

This Subtitle has been updated to take into account the new provisions of the Australian Consumer Law in Sch 2 of the Competition and Consumer Act 2010 (Cth), applied as a single, national consumer law by the State and Territory Fair Trading Acts and replacing the equivalent provisions of the former Trade Practices Act 1974 (Cth).

Criminal Procedure Subtitle 11.7 Trial Procedure

Updated by Professor Mirko Bagaric, School of Law, Deakin University

This Subtitle update focuses on procedural aspects of the criminal trial process, with reference to cases such as R v LK (2010) 241 CLR 177; 84 ALJR 395; 266 ALR 399; [2010] HCA 17, Maxwell v The Queen (1996) 184 CLR 501; 70 ALJR 324; 87 A Crim R 180; 135 ALR 1, Meissner v The Queen (1995) 184 CLR 132; 69 ALJR 693; 80 A Crim R 308; 130 ALR 547 and R v Black (2007) 15 VR 551; [2007] VSCA 61, among others. Various provisions of the Criminal Procedure Acts and Codes of the State and Territories are relevant to a discussion of trial procedure and these are referenced as necessary.

Criminal Procedure Subtitle 11.9 Legal Representation and Legal Aid

Updated by Professor Mirko Bagaric, School of Law, Deakin University

This Subtitle examines the right to legal representation and the legal aid system in Australia. International law, recent legislative reforms and developments in case law are examined, with new discussion on the human rights charters in the Australian Capital Territory and Victoria; legal aid legislation in the States and Territories; and Tomasevic v Travaglini (2007) 17 VR 100; [2007] VSC 337, among other more recent cases. The policies governing the granting of legal aid in every jurisdiction are also discussed, explaining the broad principles by which legal aid authorities operate.

Criminal Sentencing Subtitle 12.12 Sentencing of Children

Updated by Danielle Andrewartha, Consultant, McPhee Andrewartha

This Subtitle update explores special sentencing procedures and sentencing options and concepts in relation to children, including non-custodial orders, custodial options, restitution and compensation, as well as licence disqualification. In addition to the case law, provisions of the relevant sentencing legislation are discussed throughout.

Government Subtitle 19.2 Legislature

Updated by Justin Carter, Barrister, Queensland

This Subtitle considers the composition, structure, role and powers of Federal and State Parliaments in Australia. It examines the components and immunities of Parliaments, as well as the qualifications of members and voters. This update reflects important legislative changes, with commentary reflecting amendments to a number of Acts, including the Constitution of Queensland Act 2001 (Qld); Parliament of Queensland Act 2001 (Qld); Electoral Act 2004 (Tas); and Electoral Act 2002 (Vic).

Unfair Dealing Subtitle 35.2 Misrepresentation

Updated by Dr Paul Vout, Member of the Victorian Bar

This Subtitle has been updated to take into account the provisions of the Australian Consumer Law as found in Sch 2 of the Competition and Consumer Act 2010 (Cth), which is applied as a single, national consumer law by the State and Territory Fair Trading Acts and replaces the equivalent provisions of the former Trade Practices Act 1974 (Cth). Additional commentary has also been included in respect of the High Court case of Magill v Magill (2006) 226 CLR 551; 81 ALJR 254; 231 ALR 277; 36 Fam LR 1; [2006] FLC 98-033; [2007] Aust Torts Reports 81-872.

August 2011 planned updates

(Subtitles subject to change)

• Contract: General Principles 7.5 “Performance”
• Family Law 17.2 “Professional Ethics”
• Criminal Sentencing 12.10 “Consequences of Conviction”
• Finance, Banking & Securities 18.2 “Types of Financial Institutions”
• Revenue Law 31.7 “Partnerships”

For a complete list of forthcoming updates, visit The Laws of Australia homepage.

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