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In the media
eSubpoenas make access to Justice easier
The online
eSubpoena service is now available for the return of subpoenaed
documents to registries across the NSW Supreme, District, Local and
Land and Environment Courts for civil matters. Once legal
practitioners file a subpoena form online, respondents can upload
the requested documents electronically (04 August 2017).
More...
ICAC finds former NSW Government minister and MPs
corrupt
The ICAC has found that former NSW minister for infrastructure
Anthony Kelly and former members of Parliament, Edward Obeid Sr and
Joseph Tripodi, engaged in serious corrupt conduct in relation to
their actions concerning a public private partnership
(PPP) proposal by Australian Water Holdings Pty
Ltd (AWH) (03 August 2017).
More...
ICAC finds former Department of Justice officer
corrupt
The ICAC has found that a former Department of Justice officer
engaged in serious corrupt conduct by accepting cash and benefits
from an approved supplier, including assisting in the installation
of a swimming pool at his home, in return for recommending that the
supplier's companies be allocated work (03 August 2017).
More...
Free Birth Certificates for Vulnerable People in
NSW
An outreach program for disadvantaged communities is providing
homeless and Aboriginal people with free birth certificates and
other support to help them get their lives back on track, Attorney
General Mark Speakman announced today (03 August 2017).
More...
Civil courts should move online, Justice Michael Kirby
says
The former High Court justice says Australia's legal system is
too expensive and has been out of reach for many people for decades
(03 August 2017).
More...
160,000 people turned away: How the justice system is
failing vulnerable Australians Opinion
All Australians have the right under the law to seek justice. But
community legal centres are turning away 160,000 people a year and
funding cuts are making the problem worse, writes Law Council of
Australia president Fiona McLeod (03 August 2017).
More...
Fewer sex abuse convictions despite doubling in court
cases: Justice McClellan
The head of the child sex abuse royal commission will call for
legal changes to ensure victims are given the best chance of
receiving justice, saying in a speech to be delivered today that
conviction rates have fallen despite an increase in the number of
cases before the courts (02 August 2017).
More...
Report shines a light on universities
The Australian Human Rights Commission today released its landmark
report on the nature and extent of sexual assault and sexual
harassment at Australian universities. The data in the Change the
course report is based on a national survey (01 August 2017).
More...
New Acting ALRC President and Three New Magistrate
Appointments in NSW
On 28 July 2017, there were two important announcements regarding
appointments, firstly the appointment of the Acting President of
the Australian Law Reform Commission (ALRC) before
the commencement of the new President's term in three months;
and, additionally, three new magistrate appointments in NSW (31
July 2017). More...
NSW Custody Statistics quarterly update June
2017
The NSW prison population reached 13,092 in June this year, not
counting prisoners held in police cells. This brings the total
increase in the NSW adult prison population over the last 12 months
to 3.8 per cent (31 July 2017).
More...
Acting President of Australian Law Reform
Commission
Mr Cornall has been appointed for a period of three months,
commencing 30 July 2017, while a recruitment process will be
undertaken to fill the vacancy left by Emeritus Professor Rosalind
Croucher AM. This process will be conducted in accordance with
Merit and Transparency Guidelines issued by the Australian Public
Service Commission (28 July 2017).
More...
Three new magistrates for NSW
Attorney General Mark Speakman today announced the appointments of
Christopher Halburd, Theresa Hamilton and Brett Shields as
magistrates of the Local Court of NSW. Mr Shields will be sworn in
as a magistrate on 28 August, while Ms Hamilton and Mr Halburd will
join the Local Court bench on 11 September (28 July 2017).
More...
ICAC finds former City of Botany Bay Council CFO corrupt
over $5.6 million in false invoices and credit card
misuse
The ICAC has found that former City of Botany Bay Council chief
financial officer Gary Goodman engaged in serious corrupt conduct
involving more than $5 million in false or inflated invoices and by
incurring over $620,000 of personal expenditure on corporate credit
cards issued in the name of the then general manager (26 July
2017).
More...
Reducing reoffending in Juvenile Justice in
NSW
Minister for Corrections David Elliott today announced the
creation of new caseworker roles at Juvenile Justice, providing
support, guidance and discipline to young offenders as part of a
commitment to reduce reoffending (26 July 2017).
More...
Australia takes important step towards more open
government
Although Australia has, in many ways, a strong democracy, secrecy
has noticeably increased across government. Australia's
commitment to the Open Government Forum is a step towards
addressing some of the transparency issues that hold us back (27
July 2017).
More...
Australia needs an effective complaints body to
investigate corporate human rights abuses
Australia's key complaints body for corporate human rights
abuses is failing and in need of a major overhaul, the Human Rights
Law Centre has told an independent review (24 July 2017).
More...
More MPs could be at risk as dual citizenship crisis
threatens to widen
Constitutional experts were yesterday scrambling to consider the
range of legal possibilities when the government asks the High
Court of Australia to rule on Senator Canavan's eligibility to
stand at the last election, now that it has emerged he was a dual
Italian-Australian citizen at the time (26 July 2017).
More...
NSW reviews child abuse civil laws
Attorney General Mark Speakman today encouraged the community to
have a say on changing laws to make it easier for survivors of
child abuse to obtain civil justice, releasing a consultation paper
on the civil litigation recommendations of the Royal Commission
into Institutional Responses to Child Sexual Abuse (23 July 2017).
More...
NSW council amalgamations scrapped after Government
backflip
The New South Wales Government has abandoned forced council
amalgamations, ending an 18-month war with the state's local
municipalities (27 July 2017).
More...
In practice and courts
LCA: Australia's access to justice crisis laid bare:
national Justice Project releases papers
The Law Council of Australia has today said that countless
Australians are being denied access to justice as its national
Justice Project moves into the
consultation phase.
Consultation papers, overseen by a Steering Committee of
eminent lawyers, academics and jurists including former High Court
Chief Justice, the Hon. Robert French AC, have been released today
for feedback. Submissions close on 30 September 2017.
More...
OAIC: Updated privacy policy
The OAIC has updated its
privacy policy. The update includes the following changes
outlined here (27 July 2017).
More...
OAIC: Independent review of the Privacy (Credit
Reporting) Code 2014
The OAIC has completed the tender process, and contracted
PricewaterhouseCoopers (PwC) to conduct an independent review of
the Privacy (Credit Reporting) Code 2014 (Version 1.2).
More information will be provided as the review progresses. For
more information about the CR Code and credit reporting under the
Privacy Act see the
Credit Reporting page (26 July 2017).
More...
Law Council of Australia Submissions 26 July
2017
Response to Consultation Paper OPCAT in Australia
Law Council of Australia Submissions 25 July
2017
Australian National Contact Point 2017 Review
Commonwealth Consultations
October 2017 - Closing date for comments to the FCA on the
General Practice Notes.
More...
AHRC: e-bulletin, 26 July 2017
The Australian Human Rights Commission e-bulletin. Published
monthly, this e-bulletin keeps you up-to-date with our programs,
projects and news.
More...
New South Wales
NSW Department of Justice: Practice Notes
PN SC GEN 17 -
Practice Note SC GEN 17 – Supreme Court Representative
Proceedings (31 July 2017).
NSW Sentencing Bench Book
For the latest update, see
Update 38, July 2017
Services for people with disability at
NCAT
NCAT has developed new resources NCAT support for people with
disability and Can you hear in the hearing room (03 August 2017).
More...
ICAC: Early bird discount registrations are now open for
the Australian Public Sector Anti-Corruption
Conference
Register by 15 August 2017, to take advantage of the early bird
discount, via the above link to the APSACC 2017 website. More...
ICAC: Prosecution briefs with the DPP and
outcomes
Last updated 2 August 2017.
More...
Victims' involvement in sentencing
The NSW Attorney General has asked us to conduct a review of
victims' involvement in the sentencing process.
More...
Royal Commission civil litigation
recommendations
The NSW Government is considering the recommendations made by the
Royal Commission into Institutional Responses to Child Sexual Abuse
about how to provide justice to victims of future institutional
child abuse. The Department of Justice has developed a consultation
paper which identifies some of the potential issues and poses
questions about possible options for reform. Submissions close on 4
September 2017.
More...
Published – articles, papers, reports
Change the course: national report on sexual assault and
sexual harassment at Australian universities
Australian Human Rights Commission: 01 August 2017
At the request of Australia's 39 universities, the Australian
Human Rights Commission has conducted a national, independent
survey of university students to gain greater insight into the
nature, prevalence and reporting of sexual assault and sexual
harassment at Australian universities.
More...
Comparisons between the youth and adult justice systems:
2015–16
Australian Institute of Health and Welfare: 28 July
2017
This fact sheet summarises some of the similarities and differences
between young people and adults in the justice systems in
Australia. In 2015–16, the most common principal offence
among young people was theft, while among adults it was illicit
drug offences.
More...
Are more first-time young offenders being recorded for
serious crimes than in the past?
Victoria, Crime Statistics Agency: 20 July 2017 This paper
examined the offences police recorded for 10 to 17 year old alleged
offenders on the first day they were ever recorded for any
offences, where that day was between 2012 and 2016.
More...
National cities performance framework: interim
report
Government of Australia: 20 July 2017
Australia's success in the 21st Century economy depends on our
cities, suburbs and regional centres. The Australian
Government's Smart Cities Plan is committed to creating the
foundations for success across all cities and regional centres.
More...
OAICnet - 01 August 2017
In this issue: Privacy policy update; Data + Privacy Asia Pacific
Conference wrap up; 5 million+ Australians have a My Health Record;
APS Privacy Governance Code consultation; FOI decisions;
Commissioner statements.
More...
Cases
Ferguson v State of New South Wales & Ors
[2017] NSWSC 887
ADMINISTRATIVE LAW – judicial review of decision of medical
Appeal Panel – where Appeal Panel revoked a "medical
assessment certificate" on the basis of "demonstrable
error" and issued a new certificate – where plaintiff
was a police officer suffering PTSD and depression causing
"permanent impairment" – where dispute about degree
of impairment – consideration of Social Functioning and
Employability under the Psychiatric Impairment Rating Scale –
HELD jurisdictional error in relation to the functions of the
Registrar – HELD misdirection in conclusion that the evidence
could not support a finding that the plaintiff's relationship
with her partner was "severely strained" – HELD
error of law on the face of the record in finding that there was no
material which could support a Class 3 assessment of Social
Functioning – medical assessment certificate set aside
– matter remitted for rehearing by different Appeal Panel
– plaintiff awarded costs.
Kamm v State of New South Wales
(No 4) [2017] NSWCA 189
CONSTITUTIONAL LAW – separation of powers – Kable
principle – whether the Crimes (High Risk Offenders) Act
2006 (NSW) undermines the institutional integrity of the New
South Wales Supreme Court – whether legislation
distinguishable from that considered in Fardon v
Attorney-General (Qld) – whether legislation
distinguishable from that considered in Wainohu v New South Wales
– whether objectives of the Crimes (High Risk Offenders)
Act 2006 (NSW) are penal or punitive STATUTORY INTERPRETATION
– determination that a person a high risk sex offender
pursuant to s 5B – discretion to make extended supervision
order pursuant to s 5B ADMINISTRATIVE LAW – whether there was
denial of procedural fairness by primary judge – whether
primary judge failed to give adequate reasons – whether
decision of primary judge was void for legal unreasonableness
– meaning of legal unreasonableness.
4nature Incorporated v Centennial Springvale Pty Ltd
[2017] NSWCA 191
ADMINISTRATIVE LAW – challenge to validity of State
significant development consent for proposed extension of
Springvale coal mine – consent authority's satisfaction
that development would have "a neutral or beneficial
effect" on water quality required – whether consent
authority's approach valid ENVIRONMENT AND PLANNING –
challenge to validity of State significant development consent for
proposed extension of Springvale coal mine – development must
have "a neutral or beneficial effect" on water quality
under State Environment Planning Policy (Sydney Drinking Water
Catchment) 2011 (NSW) cl 10(1) – nature of comparison
required STATUTORY INTERPRETATION – delegated legislation
– no general principle requiring laxity or flexibility in
construction – adherence to basic principles of statutory
construction – focus on text and context.
White v Commissioner of Fair Trading
[2017] NSWCATAD 233
ADMINISTRATIVE REVIEW - tattoo parlours – tattooist licence -
adverse security determination - fit and proper person - public
interest.
State of New South Wales v Bouffler
[2017] NSWCA 185
TORTS – trespass to land – whether entry of police
officers authorised by law – six police officers entered
house occupied by the respondent without his consent – eight
officers entered respondent's property without consent –
officers relied on ss 9 and 10 of the Law Enforcement (Powers
and Responsibilities) Act 2002 (NSW) – whether officers
had requisite state of mind to satisfy ss 9 and 10 – whether
officers must each individually have state of mind – whether
officers can enter to assist other officers engaged in an arrest
– circumstances in which state of mind can be inferred
STATUTORY CONSTRUCTION – Law Enforcement (Powers and
Responsibilities) Act 2002 (NSW) – whether each officer
must individually have state of mind required under ss 9, 10 and 99
– whether context and purpose indicates that meaning is to be
given that is different from or qualifies plain meaning –
meaning of "reasonable grounds" STATUTORY CONSTRUCTION
– Law Enforcement (Powers and Responsibilities) Act
2002 (NSW) – relationship between ss 10 and 99 –
whether entry to a premises pursuant to LEPRA, s 10 requires a
lawful arrest under s 99 – whether s 10 operates as a
derivative of s 99 STATUTORY CONSTRUCTION – Law
Enforcement (Powers and Responsibilities) Act 2002 (NSW), s 9
– meaning of "breach of the peace" – whether
breach of the peace requires actual or threatened violence –
whether threat of harm must be to third person.
Commissioner of Police (NSW Police Force) v Howard Silvers
& Sons Pty Ltd
[2017] NSWSC 981
COMMON LAW – Local Court Appeal – Firearms Act –
whether magistrate erred in construction of s 4D – whether
object claimed to be a children's toy falls within s 4D(4)
– determination of imitation firearm – necessity to
have regard to production and identification of object - appeal
allowed – decision set aside – remitted back to the
Local Court for decision to be made according to law.
George Thomas Hotels (Campsie) Pty Limited and Anor v NSW
Independent Liquor and Gaming Authority and Ors
[2017] NSWSC 994
COSTS – Civil Procedure Act 2005, Liquor Act 2007,
Uniform Civil Procedure Rules 2005.
Robertson v Director of Public Prosecutions (NSW) & District Court NSW [2017] NSWCA 180
ADMINISTRATIVE LAW – judicial review – generally – s 32 of Mental Health (Forensic Provisions) Act 1990 – whether applicant eligible under s 32 – whether failure to make finding as to jurisdiction – whether denial of procedural fairness.
The Owners – Strata Plan No 5225 v Registrar General of
New South Wales
[2017] NSWSC 886
PUBLIC ROAD – dedication at common law – unmade road
– land described as road in subdivision created before 1906
– acceptance and use by public – maintenance by Council
STATUTORY CONSTRUCTION – s224(3) Local Government Act,
1919 – freestanding operation not subject to s327
– not opening or dedication of road STATUTORY CONSTRUCTION
– s327 Local Government Act – scope and operation
– inapplicable to exercise of s224(3) power ADVERSE
POSSESSION – exclusive physical control – intention to
possess as against whole world – not established STANDING
– entitlement of body corporate to sue – adjoining
land.
Legislation
New South Wales
Proclamations commencing Acts
Independent
Commission Against Corruption Amendment Act 2016 No 65
(2017-387) — published LW 4 August 2017.
Regulations and other miscellaneous instruments
Commercial Agents and Private Inquiry Agents Regulation
2017
(2017-388) — published LW 4 August 2017.
Crimes
(Administration of Sentences) Amendment (Parole Applications)
Regulation 2017
(2017-386) — published LW 31 July 2017.
Subordinate
Legislation (Postponement of Repeal) Order 2017
(2017-389) — published LW 4 August 2017.
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.
