Reforms to the native title system

Australians are invited to provide comment on exposure drafts of the Native Title Legislation Amendment Bill 2018 and the Registered Native Title Bodies Corporate Legislation Amendment Regulations 2018, released today by the Morrison Government.
The exposure drafts have been developed following a consultation process undertaken earlier this year on an options paper for native title reform, released last November.  That consultation involved more than 40 stakeholder meetings across the country as well as technical assistance from an Expert Technical Advisory Group comprised of nominees from the National Native Title Council, National Native Title Tribunal, government and industry.
There were more than 50 submissions received on the options paper.
Interested parties are encouraged to provide give their feedback on the proposed amendments.
The amendments contained in the exposure drafts are intended to improve the native title system for all parties by:

  • streamlining claims resolution and agreement-making processes;
  • supporting the capacity of native title claimants through greater flexibility around internal decision‑making;
  • increasing the transparency and accountability of prescribed bodies corporate (the corporations set up to manage native title) to the native title holders;
  • improving pathways for dispute resolution following a determination of native title; and
  • ensuring the validity of section 31 agreements in light of the Full Federal Court of Australia’s decision in McGlade v Native Title Registrar & Ors [2017] FCAFC 10.

A consultation paper sets out the policy objectives of the proposed reforms and provides detailed guidance on the amendments. This paper can be accessed here.
More information on the reforms process, including the exposure drafts, is available on the Attorney-General’s Department website and on indigenous.gov.au.
Submissions close on 10 December 2018.

Young Indigenous Australians report being in good health, but challenges remain

Australia’s Indigenous young people generally consider themselves to be happy and in good health or better, according to a new report from the Australian Institute of Health and Welfare (AIHW).
The report, Aboriginal and Torres Strait Islander adolescent and youth health and wellbeing: in brief will be launched today by the Hon. Ken Wyatt AM, MP, Minister for Indigenous Health, Minister for Senior Australians and Aged Care at the NACCHO Members’ Conference & Annual General Meeting.
About 1 in every 20 young people in Australia is Indigenous. This report provides a snapshot of their health and wellbeing in a range of areas including social and economic determinants, health risk factors, and health services.
The report shows the majority (63%) of young Indigenous people aged 10–24 rated their health as either ‘excellent’ or ‘very good’ in 2014–15.
In the same year, more than 3 in 4 (76%) of those aged 15–24 said they felt happy all or most of the time in the previous month and nearly 7 in 10 (69%) were involved in cultural events in the previous 12 months. More than half (53%) identified with a clan, tribal or language group.
For young Indigenous Australians aged 20–24, there was an increase in year 12 or equivalent attainment from 47% in 2006 to 65% in 2016.
Most young Indigenous people aged 10–24 had access to a GP in their local area (83%) in 2012–13. Between 2010 and 2016, the proportion of young Indigenous people aged 15–24 who had health checks rose from 6% to 22%.
AIHW spokesperson, Dr Fadwa Al-Yaman noted that although young Indigenous Australians generally have good health based on a range of measures, not all are as healthy as they could be.
‘Experiences of unfair treatment or racism, mental health, injuries and experiences of violence were areas of concern,’ she said.
In 2014–15, about 1 in 3 (33%) young Indigenous Australians reported experiencing high to very high levels of psychological distress in the previous month. In 2011, the leading contributors to the disease burden for Indigenous 10 to 24-year-olds were suicide and self-inflicted injuries (13%) and anxiety disorders (8%).
Tobacco smoking, alcohol and substance use were also areas of concern. Despite an increase in the number of young people who never smoked—44% in 2002 to 56% in 2014–15, 3 in 10 were still daily smokers.
Although the death rate for young Indigenous Australians aged 10–24 has fallen over the last 10 years, around 490 (83%) of these deaths in 2011–15 were classified as potentially avoidable, such as deaths from suicides, transport accidents and assault.
Dr Al-Yaman said that these challenges are complex, with social factors—such as education, employment and housing—playing an important role in health and wellbeing.
‘In 2016, 2 in 5—or 42%—young Indigenous Australians aged 20–24 were not engaged in education, employment or training. For young Indigenous people aged 10–24, not being able to get a job was the leading cause of personal stress,’ she said.
Dr Al-Yaman said that the report was an important step in understanding how Australia’s young Indigenous people are faring and provides an opportunity to celebrate their successes and identify areas where they need support.
The report was overseen by an advisory group of experts in fields including Indigenous health, children, adolescent, and youth health, Aboriginal healing, culture and spirituality, mental health, injury, sexual and reproductive health, and education. The group was chaired by Professor Sandra Eades, a leader in Indigenous health research and Associate Dean (Indigenous) from the Faculty of Medicine, Dentistry and Health Sciences, University of Melbourne.
Today’s summary report will be followed by a more comprehensive report next month.
Aboriginal and Torres Strait Islander adolescent and youth health and wellbeing 2018—in brief 

Li Da Weight Loss Capsules

Li Da Weight Loss Capsules pose a serious risk to your health and should not be taken.
The Therapeutic Goods Administration (TGA) has tested a product labelled Li Da Weight Loss Capsules and found that:

  • the capsules contain the undeclared substance sibutramine.

Consumers are advised that sibutramine is a prescription-only medicine (which was the active ingredient in Reductil). It was withdrawn in October 2010 after a study showed an increased risk of major cardiac events.
The supply of Li Da Weight Loss Capsules containing undisclosed sibutramine is illegal.
Li Da Weight Loss Capsules have not been assessed by the TGA for quality, safety or efficacy as required under Australian legislation, and the place of manufacture is not approved by the TGA.
TGA investigations have shown that a number of people in Australia may have bought the product online.

Chapter Plus+ By Backslim Capsules

Chapter Plus+ By Backslim Capsules pose a serious risk to your health and should not be taken.
The Therapeutic Goods Administration (TGA) has tested a product labelled Chapter Plus+ By Backslim Capsules and found that:

  • the capsules contain the undeclared substance sibutramine.

Consumers are advised that sibutramine is a prescription-only medicine (which was the active ingredient in Reductil). It was withdrawn in October 2010 after a study showed an increased risk of major cardiac events.
The supply of Chapter Plus+ By Backslim Capsules containing undisclosed sibutramine is illegal.
Chapter Plus+ By Backslim Capsules have not been assessed by the TGA for quality, safety or efficacy as required under Australian legislation, and the place of manufacture is not approved by the TGA.
TGA investigations have shown that a number of people in Australia may have bought the product online.

Aged Care Pricing Commissioner Annual Report

PDF printable version of Aged Care Pricing Commissioner Annual Report – PDF 268 KB
The 2018 Aged Care Pricing Commissioner Annual Report has been released, providing information on trends over the past five years as well reporting on the Commissioner’s performance during the 2017-18 financial year.
In the past financial year the Commissioner received 539 applications, an increase of 85% on the previous year, and approved 386.
This included 220 applications for the renewal of lapsing approvals made on or before 1 July 2014, as approvals are valid for a four year period.
The role of the Aged Care Pricing Commissioner is to review proposed refundable accommodation deposits for entry into aged care homes that are higher than $550,000.
The position of Commissioner was established to ensure that accommodation prices represent value for prospective aged care residents and that higher prices reflect the standard of accommodation rather than a resident’s capacity to pay.
The work of the Aged Care Pricing Commissioner contributes to the achievement of our Government’s aged care reform agenda, particularly its objective to improve transparency in pricing in residential aged care facilities.
Commissioner John Dicer – who was appointed to the role in May – seeks to advocate and promote a collaborative approach with stakeholders to gain a broader view of the aged care industry.
He is planning new industry working groups to help obtain feedback from the sector, and will continue regular visits to aged care facilities and actively seek real engagement with providers, peak bodies, Government and financial institutions.
The report is available at the Aged Care Pricing Commissioner website.

Rubella officially eliminated from Australia

In a highly significant public health accomplishment for Australia, the World Health Organization (WHO) has verified that Australia has eliminated rubella, a contagious viral illness that can result in miscarriage or stillbirth.
Rubella, also known as German measles, is a contagious viral illness that causes a fever, rash and swollen lymph glands.
If contracted by pregnant women during the first 10 weeks of pregnancy, the disease can result in miscarriage or stillbirth or cause life-long problems for their babies.
The elimination of rubella is a great day for public health in Australia and sends a powerful message that vaccinations work.
I commend the efforts of Australia’s health professionals over the decades and the millions of parents who ensure their children are always vaccinated.
Our National Immunisation Program played an essential role this huge achievement by ensuring high levels of vaccination coverage for rubella.
Only last week I announced the nation-wide immunisation rates for five year olds was 94.62 per cent, which is the highest figure on record.
The science is in and the medical experts’ advice is absolute – vaccinations save lives and protect lives and they are an essential part of a healthy society.
Australia has high-performing surveillance systems to rapidly detect and respond to rubella cases and today’s confirmation this disease has been eliminated is testimony to the success of our National Immunisation Program.
Australia has had rolling epidemics of rubella with the largest number of cases reported in 1958 with over 5,000 notified cases, 1963-64 with over 3,000 notified cases and in the early 1990s with more than 4,000 notified cases.
The current National Immunisation Program provides free vaccination for protection against rubella for children aged 12 months with a booster at 18 months.
The WHO has confirmed Australia has also maintained its measles elimination status, after being verified in 2014.
Measles and rubella are very contagious and remain endemic in many countries so we need to remain vigilant and keep our vaccinations up to date.
The Morrison Government has invested $446.5 million in the National Immunisation Program this financial year.
Our Government’s strong economic management ensures we continue to invest record amounts of funding into vital health initiatives including Medicare, hospitals and vaccination programs.

Regulation reset for live export industry

The live export industry will be reset following the completion of the Moss Review into the culture, capability and investigative capacity of the regulator of live exports – the Australian Department of Agriculture and Water Resources.
“Australians were appalled in April when they saw footage of sheep dying on voyages to the Middle East during a shipment in August 2017, and further angered at their assessment the report of the incident did not match the footage,” Minister Littleproud said.
“Australians need to be confident the independent regulator of the live export industry will hold the industry to account. It was clear we needed an independent inquiry into the culture and capability of the regulator.
“I said in April I was determined to clean this industry up and make it sustainable, because so many farm families and rural towns rely on it. I followed through on the McCarthy Review into the northern summer trade and today I follow through on the Moss Review into the regulation of the industry, accepting all recommendations. The live export industry needs a tough cop on the beat and the Department must become a capable, trusted and effective regulator.
“Today I reset the live export industry to make it sustainable. I announce:

  • An external, independent Inspector General of Live Animal Exports who will oversee the Department’s regulation of live export and report to the public and the Minister
  • A Principal Regulatory Officer within the Department to improve regulatory practice, compliance and its culture as regulator
  • An animal welfare branch within the Department and the development of animal welfare indicators to be used as part of compliance systems
  • That the Department will improve systems to allow concerns raised by staff members to be addressed transparently and promptly.

“I specifically asked Mr Moss to consider an Inspector General in his review, and I said at the time I don’t care who thought of the idea. Mr Moss recommends it so I’m doing it. I don’t give a stuff who claims the credit.
“The Principal Regulatory Officer will be key in driving cultural change within the Department as well as improving compliance and investigations.
“I accept Mr Moss’s recommendation the regulator of the live export trade have an animal welfare branch and introduce animal welfare indicators along the supply chain as part of the regulatory framework. Compliance and regulation should not be a bureaucratic tick box – to change culture, the light needs to be shone onto animal welfare andthe threat of being caught and punished needs to be real.
“Employees of the Department need to be confident their concerns about animal welfare will be taken seriously and the Department will improve systems that encourage this.
“I thank Mr Moss for his review and look forward to implementing his recommendations.
“I call on Labor to give a written guarantee they’ll support my Bills to double penalties for live export animal cruelty without political amendments, through both houses of Parliament.”
Minister Littleproud will bring forward legislative amendments to establish the Inspector General position.
These actions follow Minister Littleproud’s move to put independent observers on each sheep vessel to the Middle East and changes implemented after the McCarthy Review, which included a 28 per cent reduction in stocking densities and speeding up the new Australian Standards for the Export of Livestock to the end of 2018.
The Government’s official response to the Moss review can be found at www.agriculture.gov.au/moss-review
Background: The Department of Agriculture and Water Resources acts as the regulator of live exports in Australia, independent of the Minister’s direction and unlike the relationship between most departments and Ministers.
Legal advice from the regulator in 2013 says:
“The powers available to you as Minister under live export legislation can be described as ‘rule making’ or ‘standard setting’ as opposed to the Secretary of the Department, who has ‘regulatory’ and ‘decision making’ powers.”
Legal advice from the regulator on July 11 this year:

  1. The Minister has the power to make orders under the Export Control Act 1982. 
  2. The Minister also has the power determine principles relating to the export of livestock from Australia that must be taken into account by persons exercising or performing functions under the Australian Meat and Live-stock Industry Act 1997. 
  3. These are both rule making powers of general application, not the power to give directions in relation to individual decisions or regulated entities.​

Worldwide cooperation to counter terrorism financing

The fourth Counter-Terrorism Financing (CTF) Summit will be held in Bangkok, Thailand from 6 to 8 November 2018.
The Summit will bring together over 350 global leaders and specialists in financial intelligence together with senior representatives from regulatory, law enforcement, national security and policy agencies, industry participants and academics.
The CTF Summit is recognised globally as a leading example of multilateral cooperation focused on understanding and responding to terrorism financing and significant financial threats.
Hosted by Thailand’s Anti-Money Laundering Office (AMLO) in partnership with Indonesian and Australian Financial Intelligence Units (FIUs), PPATK and AUSTRAC, the 2018 CTF Summit will focus on:

  • the identification and prioritisation of ISIL affiliated organisations in the Asia Pacific region, as well as other emerging terrorist organisations;
  • the launch of a regional assessment on non-profit organisation red flag indicators;
  • the release of a secure information-sharing platform prototype;
  • a multi-intelligence analyst exchange program ‘Hubbing’ exercise;
  • collaboration of FIUs and sharing of best practice techniques to combat terrorism financing; and
  • exploring new opportunities to strengthen the cooperation of regional FIUs in combatting transnational crime threats, including corruption and human trafficking/people smuggling.

Acting Secretary-General of AMLO, Police Major General Preecha Jaroensahayanon said “the CTF Summit represents a good opportunity to enhance cooperation within the region to stay ahead of terrorism and terrorist financing that has become more complex with advanced technologies.”
“To properly deal with terrorism threats, we need to change. More innovative counter measures need to be created and developed for better prevention,” Police Major General Jaroensahayanon said.
AUSTRAC CEO, Nicole Rose PSM said the CTF Summit plays a crucial role in the fight against terrorism in the Asia Pacific region.
“Terrorism is one of the most significant threats we face, and AUSTRAC, in cooperation with our partners worldwide, is committed to playing our part in stamping it out,” Ms Rose said.
Head of PPATK, Mr. Kiagus Ahmad Badaruddin said “the CFT Summit is a perfect platform for combatting terrorism in our region.”
“It gives good momentum to our partner agencies in identifying threats coming from transnational crime, mapping the high risk sectors as well as developing more comprehensive and effective solutions to financing of terrorism issues around the region,” Mr. Badaruddin said.
The 4th CTF Summit theme is “Regional Synergies for Regional Solutions”. “Regional Synergies” means the Summit brings together relevant parties to deepen understanding and identify and address gaps in collaboration. This will create sustainable regional alliances that drive the rapid exchange of intelligence to more effectively combat transnational crime in the region and beyond.
The 2018 CTF Summit will build on the outcomes of previous Summits held in Sydney 2015 – AUSTRAC, Australia; Bali 2016 – PPATK, Indonesia; and Kuala Lumpur 2017 – Bank Negara Malaysia, Malaysia.
The outcomes of this 4th CTF Summit will be declared in the Bangkok Communique at the end of the Summit.

DRAMA REPORT 2017/18: RECORD EXPENDITURE ON AUSTRALIAN TITLES

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Mystery RoadLadies in BlackHomecoming Queens

Screen Australia’s annual Drama Report released today shows a record high expenditure on home grown stories, with $718 million spent on local productions, up 7% on last year.

The Drama Report measures the health of the Australian screen industry by covering the production of local and foreign feature films, TV dramas, online programs plus PDV (post, digital and visual effects) activity.
The 2017/18 record local expenditure included 36 TV dramas such as Mystery RoadPlaying for Keeps and the forthcoming Lambs of God, and their combined spend of $295 million was above the five-year average. Spend on Australian feature films was up 12% on last year to $321 million due to strong Official Co-production activity. 38 Australian feature films were made including box office hit Ladies in Black and the forthcoming Storm Boy. 10 children’s television programs went into production including fan favourite Bluey, with $49 million spent on Australian children’s programs, up 3% on last year’s spend but below the five-year average. 18 online drama titles went into production, with a 256% increase in expenditure, driven by content with longer episodes and a higher cost per hour.
Overall $814 million was spent on 133 screen productions in 2017/18 compared to $1.3 billion on 166 titles in 2016/17. This drop was largely due to reduced foreign film production spend. New South Wales accounted for the largest share of total expenditure in Australia (37%), while Western Australia ($37 million) and South Australia ($82 million) set new expenditure records.

Preventing data breaches should be business as usual

The Office of the Australian Information Commissioner has been notified of 245 data breaches affecting personal information between July and September 2018, its latest report shows.
The quarterly statistics report on the Notifiable Data Breaches (NDB) scheme indicates 57 per cent of incidents were caused by malicious or criminal attack, and 37 per cent resulted from human error.
Australian Information Commissioner and Privacy Commissioner Angelene Falk said training staff on how to identify and prevent privacy risks needs to be part of business as usual.
“Everyone who handles personal information in their work needs to understand how data breaches can occur so we can work together to prevent them,” Ms Falk said.
“Organisations and agencies need the right cyber security in place, but they also need to make sure work policies and processes support staff to protect personal information every day.
“Our latest report shows 20 per cent of data breaches over the quarter occurred when personal information was sent to the wrong recipient, by email, mail, fax or other means.
“Importantly, we also need to be on the alert for suspicious emails or texts, with 20 per cent of all data breaches in the quarter attributed to phishing.
“Phishing is when an individual is contacted by email or text message by someone posing as a legitimate institution to lure them into providing passwords or personal information.
“This can result in their credentials – their username and password – being compromised and used to gain access to their system or network, if additional protections are not in place.”
The report can be found at www.oaic.gov.au/ndbreport

Key statistics

The Notifiable Data Breaches July–September 2018 report shows:

  • 245 data breaches were notified to affected individuals and the Office of the Australian Information Commissioner, compared to 242 the previous quarter
    • 57% were attributed to malicious or criminal attacks, compared to 59% the previous quarter
    • 37% were attributed to human error, compared to 36% the previous quarter
    • 6% were attributed to system faults, compared to 5% the previous quarter
  • 63% involved the personal information of 100 or fewer individuals, compared to 61% the previous quarter
  • The top five industry sectors to report breaches were:
    • Private health service providers: 45
    • Finance: 35
    • Legal, accounting and management services: 34
    • Private education providers: 16
    • Personal services: 13