Latest updates

Criminal Investigation 11.5 Committal Proceedings

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

This Subtitle explains the functions and procedures involved in the conduct of committal proceedings. It deals with the options an accused has when entering a plea at committal stage, and details the consequences associated with this election. It also outlines how decisions made at committal proceedings may be reviewed, and the rules of committal proceedings in the case of juveniles are also discussed. Case law such as Williams, Brincat & Traglia v Director of Public Prosecutions (Vic) (2004) 151 A Crim R 42; [2004] VSC 516 and R v LK; R v RK (2010) 241 CLR 177; 84 ALJR 395; 266 ALR 399; [2010] HCA 17 is discussed within the context of the role and advantages of committal proceedings. Legislation such as the Criminal Procedure Act 2009 (Vic), which legislates the main purposes of committal proceedings, and the amendment to the Justices Act 1886 (Qld), which enables clerks of the court to conduct what are known as "registry committals", are also discussed.

Environment and Natural Resources 14.6 Environmental Harm: Pollution Control and Hazardous Substances

Updated by Carlo Sta Barbara, Senior Editor, The Laws of Australia and Maki Watanabe, Legal Editor, The Laws of Australia; Reviewed by Emeritus Professor Zada Lipman

This restructured Subtitle features discussion on the legal regimes governing pollution control and hazardous substances and now includes detailed updates for regulation of poisons and dangerous goods and explosives in all jurisdictions.

Legislative controls on the availability and use of poisonous substances are determined by reference to the classification scheme contained in schedules under the Poisons Standard 2010 (Cth), known as the Standard for the Uniform Scheduling of Medicines and Poisons (SUSMP) (formerly the Standard for the Uniform Scheduling of Drugs and Poisons). This update deals with the application of poisons other than for human therapeutic use or as narcotic drugs, and discusses the implementation of the SUSMP by each State and Territory, and requirements for licensing, authorisations and prohibitions of scheduled poisons in each jurisdiction. This discussion includes recent enactments and pending reforms in the area: for example, the Medicines, Poisons and Therapeutic Goods Act 2008 (ACT), Health (Drugs and Poisons) Amendment Regulation (No 1) 2011 (Qld), Biosecurity and Agriculture Management (Repeal and Consequential Provisions) Act 2007 (WA) and Health (Pesticides) Regulations 2011 (WA).

The regulation of dangerous goods and explosives has experienced extensive legal reform in the last decade. This update provides an extensive, up-to-date treatment of the licensing and registration schemes and the environmental and safety duties that characterise regulation in all jurisdictions. The move towards uniform dangerous goods transport laws is also covered and, notably, this discussion includes references to the Transport of Dangerous Goods by Road and Rail (National Uniform Legislation) Act 2010 (NT) and the Dangerous Goods (Road and Rail Transport) Act 2010 (Tas).

This is the final instalment in a series of comprehensive updates to this Subtitle and also includes a reissue of material previously published in August, September, October and December, with updated references to the latest legislative developments in all subject areas.

Family Law 17.18 Injunctions

Updated by Alexandra Harland, Senior Lawyer, York Family Law

This Subtitle canvasses injunctions under the Family Law Act 1975 (Cth) and other related injunctions. Detailed coverage of ss 68B and 114 of the Act is included, with reference to recent case law and amended legislation. The Subtitle now covers the reforms effected by the Family Law Amendment (De Facto Financial Matters and Other Measures) Act 2008 (Cth) and Family Law Amendment Act 2003 (Cth) on injunctions as they relate to de facto partners and third parties. This update also revises legislative provisions covering injunctions under State and Territory law, taking into account recent legislative developments.

Government 19.1 Constitutional Law

Updated by Justin Carter, Barrister, Queensland

This extensive update covers the fundamental principles that underpin the operation and interpretation of Australia’s federal Constitution. In addition to examining the text of key provisions of the Constitution, this Subtitle discusses the numerous constitutional conventions and practices that continue to shape the distribution and control of public power between the Commonwealth, the States and the Territories.

There is discussion of cross-vesting (Re Wakim; Ex parte McNally (1999) 198 CLR 511; 73 ALJR 839; 163 ALR 270; 31 ACSR 99; 24 Fam LR 669; 17 ACLC 1,055; [1999] HCA 27), the application of just terms to the Territories (Wurridjal v Commonwealth (2009) 237 CLR 309; 83 ALJR 399; 169 LGERA 108; 252 ALR 232; [2009] HCA 2) and native title and the position of Indigenous communities (Yorta Yorta Aboriginal Community v Victoria (2002) 214 CLR 422; 77 ALJR 356; 194 ALR 538; [2002] HCA 58). This update also outlines the emerging approaches of the High Court to constitutional interpretation and the continuing application of Kable v Director of Public Prosecutions (NSW) (1996) 189 CLR 51; 70 ALJR 814; 138 ALR 577.

Health and Guardianship 20.3 Institutional and Professional Liability

Updated by Adjunct Professor John G Kelly AM, Principal, John G Kelly & Associates Pty Ltd and Eugenie Kyung-Eun Hwang, Solicitor, Supreme Court of New South Wales

This Subtitle examines how general principles of civil and criminal liability relate to health care institutions and health care professionals. This extensive update features commentary regarding the Health Practitioner Regulation National Law, the national registration and accreditation scheme implemented in 2010 to regulate various health professions, such as medical practitioners and nurses. The update also includes discussion about the Australian Consumer Law, which is contained in the Competition and Consumer Act 2010 (Cth) (formerly the Trade Practices Act 1974 (Cth)) which imposes a strict liability on manufacturers supplying goods in trade or commerce which are defective and cause injury.

Forthcoming updates

 The following subtitles are scheduled for updating in the next month:

•  Aborigines and Torres Strait Islanders 1.2 “Aboriginal Customary Law”
• Criminal Offences 10.7 “Revenue and Currency Offences”
• Criminal Sentencing 12.5 “Non-custodial Orders”
• Finance, Banking and Securities 18.7 “Derivatives”
• Health and Guardianship 20.12 “Medical Technology” Ch 4
• Intellectual Property 23.1 “Copyright” Ch 12
• Interpretation 25.2 “International Law”
• Torts 33.5 “Breach of Statutory Duty”

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

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