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Bankruptcy Changes
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The Federal Parliament has passed bankruptcy reforms designed to prevent people using bankruptcy in a mischievous or improper way. The changes will take effect on 5 May 2003.

Changes under the Bankruptcy Legislation Amendment Act 2002 include:

* the removal of early discharge provisions that have permitted some people to be bankrupt for only six months;
* an increase in the debt agreement income threshold by 50 per cent, to about $46,800 after tax, to encourage more use of debt agreements as an alternative to bankruptcy;
* a new discretion for Official Receivers to reject a debtor’s petition where it appears that the debtor can afford to pay their debts and the petition is an abuse of the bankruptcy system;
* the strengthening of trustee powers to object to the discharge from bankruptcy of uncooperative bankrupts after the standard three-year bankruptcy period; and
* the confirmation of the Court’s power to annul a bankruptcy if the bankruptcy petition was an abuse of process, even if the debtor is insolvent.

 
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Privacy and Health Information
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A new health information privacy brochure, released by the Federal Privacy Commissioner, clarifies Australians’ privacy rights when it comes to their personal health information.

The publication outlines:
• which health services are covered by the Privacy Act;
• what constitutes health information under the Privacy Act;
• the meaning of consent; and
• various scenarios showing consumers’ key rights in relation to
collection, use and disclosure, and access to personal health information in the private health sector.

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Discrimination Update
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Queensland Parliament has passed new discrimination laws legally recognising the rights of people living in de facto relationships and outlawing vilification based on sexuality.

The legal definition of ‘spouse’ has been changed to include all de facto couples, regardless of their sexual orientation.

People living together in committed de facto relationships will now have the same legal rights as married couples in regard to issues such as property transfers, organ donation, guardianship, superannuation and wills.

Vilification laws have been extended to include sexuality. The sexuality of a person is not a reason for them to be harassed or assaulted.

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Seizure of Criminal Assets
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Tough new laws giving law enforcement agencies powers to seize property and assets of people involved in serious criminal activities without the need for a conviction have been passed by Queensland Parliament.

The Criminal Proceeds Confiscation Act 2002 establishes a civil confiscation scheme and strengthens the existing the conviction-based confiscation scheme.

It places the onus on the suspected criminal to prove that cash and property has been obtained legally and is not the proceeds of crime.

the Government has also strengthened the automatic forfeiture powers of the conviction-based scheme.

This will mean that people convicted of all serious offences punishable by five years imprisonment or more can have the proceeds of their crime automatically forfeited six months after their conviction.

This automatic forfeiture provision has previously only applied to serious drug offences.