What’s New in the Law?

Natalia Di Stefano

Australian Whistleblower Policy

In March 2019, the Australian Federal Government passed new whistleblower legislation to ensure that people are able to anonymously report unethical or illegal behaviour occurring in Australian businesses. As of 1 January 2020, public and large private companies were legally required to have an updated whistleblower policy. The changes have expanded and significantly strengthened the existing protections in the private sector, which have to date have been viewed as inadequate and lagging behind global norms. It is expected that companies who fail to follow the new whistleblower laws could face fines of up to $10.5 million.

Defamation Amendment Bill 2020 (NSW)

New South Wales has taken the lead in implementing longawaited reforms to Australia’s Uniform Defamation Laws since introduced the last update in 2005. The legislation was passed on 6 August 2020 and will introduce wide ranging reforms, including a serious harm threshold, a public interest defence, and clarification of the cap on non-economic damages. The changes intend to create better balance between the goals of protecting individual reputations and promoting freedom of expression, particularly where matters of public interest arise. The amendment recognises the changes in the nature of publication, particularly the increase in online publications. It also seeks to decrease the number of minor matters to reach litigation. Migration Amendment (Prohibiting Items in Immigration Detention Facilities) Bill 2020 (Cth)

The House of Representatives recently passed a Bill which will strip mobile phones from detainees in immigration detention centres. The purported rationale of Bill is ‘to ensure that the department can provide a safe and secure environment for staff, detainees and visitors in the facilities’. One of the concerns amongst many is that the Bill is a deliberate attempt to prevent or limit contact with the outside world. The Human Rights Law Centre submitted that the amendment is punitive, disproportionate, and incompatible with Australia’s international human rights obligations. The Bill is set to be defeated by the Senate, however, more than 1500 people remain in immigration detention across Australia. Parliament should demand action to release the hundreds of refugees and people seeking asylum who remain unnecessarily and indefinitely locked up across Australia.

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