In the media

OAIC confronts PS pandemic privacy
The OAIC has revealed that Government Agencies and other organisations are struggling with their obligations under the Privacy Act 1988 while combating the spread of COVID-19 (07 May 2020). More...

The OAIC's full statement, with links, can be accessed at this PS News link.

COVID-19: The duty to document does not cease in a crisis, it becomes more essential
Australian and New Zealand Information Access Commissioners join with their international counterparts in their clear call for documentation, preservation and access to information during COVID-19 (06 May 2020). More...

COVID-19: $9m stimulus a win for justice and jobs in regional NSW
A fast-tracked program of courts and corrections facility upgrades is about to pump $9 million through regional economies hit hard by COVID-19 restrictions (06 May 2020). More...

New privacy survey highlights the need to improve awareness of privacy rights in NSW
The NSW Privacy Commissioner, Samantha Gavel published today the results of the latest two-yearly survey of NSW community attitudes towards privacy (06 May 2020). More...

Civil society groups call on NSW Parliament to resume
Six civil society groups are today calling on the NSW State Parliament to immediately reconvene regular sittings, in a way that is safe, so it can debate and address important matters of public concern (05 May 2020). More...

Practice and courts

COVID-19: The duty to document does not cease in a crisis, it becomes more essential
The following statement has been released by International Conference of Information Commissioners and aligned organisations to recognise and promote sound information management practices as part of Information Awareness Month (06 May 2020).

Federal Circuit Court of Australia remodelled website homepage
The Federal Circuit Court of Australia launched a remodelled website homepage on 30 April 2020. The content of the website has not changed, but court users and practitioners will notice a new layout, including direct links to the Court's three main areas of filing: family law, migration law and general federal law.

Courts Practice Directions

Joint Practice Direction 3 of 2020 - The COVID-19 List
Federal Circuit Court of Australia, 3 of 2020
This Joint Practice Direction establishes a fast-tracked, national list in each Court ("the COVID-19 List") to allow the Courts to swiftly deal with urgent COVID-19 applications on a national basis

Joint Practice Direction 3 of 2020 - The COVID-19 List
Family Court of Australia, 3 of 2020

Australia update
The Family Court of Australia and the Federal Circuit Court of Australia have announced they are establishing a court list dedicated to deal exclusively with urgent parenting-related disputes that have arisen due to the COVID-19 pandemic. The list will commence on 29 April 2020.

Alternative Dispute Resolution
The Courts have issued an electronic Alternative Dispute Resolution. This guide is for ADR events conducted in the Family Court of Australia and the Federal Circuit Court of Australia (28 April 2020). More...

COVID-19: Information for attending Court
The New South Wales Bar Association's consolidated guide to COVID-19-related court arrangements has today again been updated in terms of recent developments (07 May 2020)

Electronic Transactions Amendment Regulation 2020
The new Electronic Transactions Amendment (COVID-19 Witnessing of Documents) Regulation 2020 is now in effect and allows for the witnessing of legal documents to be conducted electronically during the COVID-19 pandemic (04 May 2020). More...

NSW IPC
 NSW Privacy Commissioner Statement on use of Commonwealth mobile tracing app data for managing the COVID-19 pandemic (27 April 2020)

Consultations
The NSW Department of Communities and Justice is conducting a review of the Crimes (Serious Crime Prevention Orders) Act 2016 to determine whether the policy objectives remain. More...

Published – articles, papers, reports

Australian Bureau of Statistics
06/05/2020 Public Consultation - How do you use Census data, 2020
Tell us about how your use of Census data has resulted in better outcomes for individuals, families and communities here.
01/05/2020 Household Impacts of COVID-19 Survey, 14-17 Apr 2020

Cases

Nicholson v Office of Local Government [2020] NSWCATAD 126
ADMINISTRATIVE LAW – procedure – time limits – appeal lodged out of time – no application for extension of time - principles to be applied – whether reasonable excuse for the delay in making the application.

Medlyn v Commissioner of Police [2020] NSWCATAD 125
ADMINISTRATIVE REVIEW – access to government information – access application – whether the discretion to refuse to deal with application under s 60(1)(d) of the Government (Public Access) Act 2009 should be exercised – whether public interest considerations against disclosure, on balance, outweigh the public interest considerations in favour of disclosure

Aboukalam v Commissioner for Fair Trading [2020] NSWCATOD 46
ADMINISTRATIVE REVIEW – occupational licensing – renewal of contractor licence refused - interim order – power to grant temporary licence – whether temporary licence should be granted

McCrystal v Commissioner of Police [2020] NSWCATAD 122
ADMINISTRATIVE LAW – Freedom of Information - Government Information (Public Access) Act -– GIPA – weight of evidence – public interest considerations against disclosure – balance of personal factors of applicant in favour of release

Lipscombe v Blue Mountains City Council [2020] NSWCATAD 121
ADMINISTRATIVE LAW – Government Information (Public Access) Act -– legal professional privilege – whether privilege waived

DYD v Commissioner of Police [2020] NSWCATAD 119
GOVERNMENT INFORMATION (PUBLIC ACCESS) – audit of an IT system (COPS) and whether making of a new record - children's privacy - considering personal factors of Applicant - balancing of public interest considerations for and against disclosure - persuasiveness of prior Tribunal decisions

DTN v Commissioner of Police [2020] NSWCATAP 73
ADMINISTRATIVE REVIEW – privacy – health information – damages for contravention of Health Privacy Principle – causation – review of discretionary judgment – parameters of "ancillary orders" under s 55(2)(g) of the Privacy and Personal Information Protection Act 1998 (NSW)
APPEAL – practice and procedure – error of law – review of discretionary orders
WORDS AND PHRASES — meaning of words "ancillary orders" under s 55(2)(g) of the Privacy and Personal Information Protection Act 1998 (NSW)

Barrett v Commissioner for Fair Trading [2020] NSWCATOD 45
ADMINISTRATIVE LAW- refusal to renew contractor licence under Home Building Act 1989 (NSW) – whether applicant is fit and proper person to hold contractor licence

James v State of NSW (Department of Justice (Corrective Services NSW)) [2020] NSWCATAD 117
HUMAN RIGHTS — discrimination — whether power to amend complaint under s 103 of Anti-Discrimination Act 1977 (NSW) should be exercised

Johnson Property Group Pty Limited v Lake Macquarie City Council (No 2) [2020] NSWLEC 42
PROCEDURE – separate determination of question – question of law – right to appeal against rejection of development application – no right to appeal – appeal dismissed STATUTORY INTERPRETATION – ss 8.2, 8.6, 8.7 Environmental Planning and Assessment Act 1979 – whether "decision" and "determination" of consent authority are distinct terms – decision is distinct from determination – rejection of development application is a decision – approval and refusal are determinations – decision to reject is not a decision subject to ppeal that the Division so provides – s 8.7 right to appeal limited to determinations

Storey v Legal Aid New South Wales [2020] NSWCATAD 113
ADMINISTRATIVE LAW – government information – overriding public interest against disclosure – legal professional privilege

Little v Department of Communities and Justice [2020] NSWCATAD 112
ADMINISTRATIVE LAW – government information – access application – reasonable searches – conclusive presumption – personal information – whether public interest considerations against disclosure outweigh public interest considerations in favour of disclosure

Legislation

NSW

Regulations and other miscellaneous instruments
Public Holidays Amendment (COVID-19 Revocations) Order 2020 (2020-187) — published LW 30 April 2020

This publication does not deal with every important topic or change in law and is not intended to be relied upon as a substitute for legal or other advice that may be relevant to the reader's specific circumstances. If you have found this publication of interest and would like to know more or wish to obtain legal advice relevant to your circumstances please contact one of the named individuals listed.