In the media
Islamic leader accused of illegal land clearing says his
group is exempt from Australian law
A religious leader accused of illegal land clearing on a
rural property used for religious prayer claims a western Sydney
council is infringing on his group's religious freedoms by
pursuing him over the allegations (18 August 2018).
More...
The OAIC welcomes the appointment of Angelene Falk as
Australian Information Commissioner and Privacy Commissioner
The OAIC welcomes the Attorney-General's announcement
of the appointment of Angelene Falk as Australian Information
Commissioner and Privacy Commissioner for a three year term (17
August 2018).
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Tough penalties for inciting violence now in force
Anyone who incites or threatens violence against people
based on their race, religion, sexual orientation, gender identity,
intersex or HIV/AIDS status in NSW will now face up to three years
in prison, under new laws that came into force in mid-August (17
August 2018).
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A waterfront block in NSW was sold for $38k, now the
deal has been referred to ICAC
The sale of government land on the New South Wales
central coast waterfront for the bargain price of $38,000 has
locals up in arms and prompted Greens MP David Shoebridge to refer
the matter to the Independent Commission Against Corruption (17
August 2018).
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Appointment of Australian Information Commissioner and
Privacy Commissioner
Ms Angelene Falk has been appointed Australian Information
Commissioner and Privacy Commissioner for a three year term
effective from 16 August 2018 (17 August 2018).
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Body of work' needed on slavery in supply
chains
One in five procurement managers say their organisation
hasn't taken steps on modern slavery. Experts say the Modern
Slavery Act will significantly impact how governments and companies
procure goods and services, so why aren't more procurement
managers ready (16 August 2018).
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LCA: Penalties for non-compliance essential to Modern
Slavery Bill
The Law Council welcomed the introduction of the Bill, and
proposed inclusion of a modern slavery reporting requirement for
corporations and other entities, but remains concerned the
threshold for attracting the reporting requirements is set too high
at $100 million and should be revised to $60 million. The lack of
penalties in the legislation for non-compliance with the reporting
requirements means there is little incentive for entities to report
(09 August 2018).
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Eminent Jurist to Lead Digital Assets Review
NSW Attorney General Mark Speakman announced retired
Federal Court judge Hon Dr Annabelle Bennett AO SC will lead a
review of laws about access to people's social media accounts
and other digital assets after they die or become incapacitated.
Note: An options paper seeking stakeholder submissions will be
published later this month (08 August 2018).
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In practice and courts
NSW Justice: Task Force – Terms of Reference
The Task Force is established with the objective of
assessing the circumstances and CSNSW's subsequent
investigation and management of a number of inappropriate
relationships between CSNSW staff and offenders. The confidential
email address is: TaskForce@justice.nsw.gov.au
and remain open for 13 weeks (End September 2018).
More...
NSW Justice: Review of the Crime Commission Act
2012
The Crime Commission Act 2012 is being reviewed to
determine if the whether the policy objectives of the Act remain
valid and whether the terms of the Act remain appropriate for
securing those objectives. Submissions closed on 20 August 2018.
More...
Strengthening child sexual abuse laws in NSW
The NSW Government has prepared a discussion paper that
identifies issues and poses questions about possible options for
child sexual abuse law reform. The paper considers the
recommendations made by the Royal Commission and the
recommendations of the NSW Parliament's Joint Select Committee
on Sentencing of Child Sexual Assault Offenders. Submissions close
6 October 2017.
More...
ICAC: Operation Skyline public inquiry
The Operation Skyline public inquiry into allegations
concerning the Awabakal Local Aboriginal Land Council is adjourned
until Monday, 17 September 2018 (17 August 2018).
More...
ICAC: Operation Dasha public inquiry
The Operation Dasha public inquiry into allegations
concerning the former Canterbury City Council is currently
adjourned (17 August 2018).
More...
ICAC: Prosecution briefs with the DPP and outcomes
Tables summarising information about briefs that are with
the DPP, and prosecution outcomes. Last updated 14 August 2018.
More...
Published – articles, papers, reports
The future of
email archives
Task Force on Technical Approaches for Email
Archives
Council on Library and Information Resources: 10 August
2018
This report articulates a conceptual and technical framework in
which current efforts to preserve email can operate not as
competing solutions, but as elements of an interoperable toolkit,
and identifies missing elements and areas for additional community
growth.
Improving the recognition of foreign judgments: Model
law on the recognition and enforcement of Foreign Judgments
Commonwealth Secretariat, (2017) 43(3-4) Commonwealth
Law Bulletin 545
This paper describes the background to the Commonwealth Model
Recognition and Enforcement of Foreign Judgments Bill, including
the relationship with Hague Convention on Choice of Court
Agreements, and the present resumed Hague Conference work on a
possible Convention on the recognition and enforcement of foreign
judgments. The paper highlights the differences between these
different initiatives and the relative advantages of the draft
Commonwealth Model Bill.
Cases
O'Hare v Department of Fair Trading
[2018] NSWCATOD 134
Administrative law – administrative review –
application to review a decision not to take action against a real
estate agent following a complaint from the public under the
Property, Stock and Business Agents Act 2002 –
administrative review sought by member of the public – no
jurisdiction in Administrative and Equal Opportunity Division to
determine application – applicant with standing.
Whitaker v Illawarra Shoalhaven Local Health
District [2018] NSWCATAD
183
ADMINISTRATIVE REVIEW – Government Information
(Pubic Access) - consideration of impact of personal circumstances
on access applicant – consideration of whether information
provided to a workers compensation investigation conducted by an
external investigator appointed by an external insurer was
confidential information provided in accordance with the
Agency's Managing Misconduct Policy – information
provided to workers compensation investigation when it was on the
cards that information would have to be disclosed to worker in
future – information not confidential information prepared
for misconduct investigation – consideration of whether
release would reveal an individual's personal information
– consideration of whether release would expose a person to a
risk of harm or of serious harassment or serious intimidation
– no evidence of risk – consideration of competing
public interest.
Lipscombe v Blue Mountains City Council
[2018] NSWCATAD 182
ADMINISTRATIVE LAW – Government Information
(Public Access) Act – legal professional privilege
– whether privilege waived – sufficiency of evidence to
establish weight to apply significantly to factors against
disclosure.
CJU v NSW Ministry of Health
[2018] NSWCATAD 181
ADMINISTRATIVE REVIEW – privacy – review of
conduct of a public sector agency – whether conduct of the
agency was a breach of the disclosure information protection
principle in the Privacy and Personal Information Protection
Act 1998 - disclosure of personal information.
DLT v Justice Health and Forensic Mental Health
Network [2018] NSWCATAD
180
ADMINISTRATIVE LAW – privacy – health
information – personal information - summary dismissal
– whether conduct has been identified – evidence -
application lacking in substance.
Levick v Building Professionals Board
[2018] NSWCATOD 125
ADMINISTRATIVE REVIEW – accredited certifier –
finding of unsatisfactory professional conduct – conduct not
sufficiently serious to amount to professional misconduct –
appropriate penalty.
Fraud Detection and Reporting Pty Ltd v Department of
Justice [2018] NSWCATAP
191
GIPA application-excluded information-held no entitlement
to information Recording of Tribunal proceedings –
application by party-held no valid reason for exercise of
discretion Non-publication order-representative of party has made
threats and engaged in inappropriate conduct-use of social
media-held non-publication order justified.
Dezfouli v Justice Health and Forensic Mental Health
Network (No 9) [2018] NSWCATAD
170
ANTI-DISCRIMINATION – Where complaint of sexual
harassment declined by President of Anti-Discrimination Board as
lacking in substance – Application for leave to proceed with
complaint -- Whether fair or just to grant leave.
NON-PUBLICATION ORDER – Principle of open justice –
Whether desirable to make order prohibiting publication of name of
individual against whom applicant's complaints had been
made.
CJU v SafeWork NSW [2018]
NSWCATAD 171
Privacy - bias The applicant's complaint is that Mr
Covi of the respondent had breached her privacy and confidentiality
without her consent in October 2016 by the release of information
to the NSW Crown Solicitor's Office (CSO) in
response to an enquiry in connection with a related dispute about a
breach of the applicant's privacy with the NSW Health Service
(NSW Health).
Manning v Bathurst Regional Council
[2018] NSWCATAD 176
ADMINISTRATIVE LAW – government information –
fees and charges - where agency required the payment of an advance
deposit – how deposit should be calculated - whether
financial hardship can be considered in estimating the processing
charges – whether advance deposit should be set aside.
Walker v NSW Department of Premier and
Cabinet [2018] NSWCATAD
178
ADMINISTRATIVE LAW – public access to government
information – access to Cabinet information –
reasonable grounds for claim that information is Cabinet
information –waiver – meaning of 'report' -
reasonableness of searches - the Applicant requested access to the
following information: "Report by Consultancy KPMG - Analysis
and Modelling on Council Mergers".
Lavender v Director of Fisheries Compliance, Department
of Industry Skills and Regional Development
[2018] NSWCA 174
CONSTITUTIONAL LAW – legislation and legislative
powers – extraterritorial operation of legislation –
whether the Fisheries Management Act 1994 (NSW) and
Fisheries Management (Abalone Share Management Plan) Regulation
2000 (NSW) invalid.
CONSTITUTIONAL LAW – operation and effect of the Commonwealth
Constitution – inconsistency of laws (Constitution, s 109)
– whether Fisheries Management Act 1994 (NSW) and
Fisheries Management (Abalone Share Management Plan) Regulation
2000 (NSW) inconsistent with Commonwealth legislation.
CONSTITUTIONAL LAW - operation and effect of the Commonwealth
Constitution – alteration of limits of States (Constitution,
s 123) – whether Fisheries Management (Abalone Share
Management Plan) Regulation 2000 (NSW) alters the limits of New
South Wales.
Legislation
Proclamations commencing Acts
Companion Animals and Other Legislation Amendment Act 2018 No
27 (2018-438) — published LW 17 August 2018
Regulations and other miscellaneous instruments
Child
Protection (Offenders Registration) Amendment (Restructuring of NSW
Police Force) Regulation 2018 (2018-439) — published LW
17 August 2018
Young Offenders Amendment (Restructuring of NSW Police Force) Regulation 2018 (2018-450) — published LW 17 August 2018
Bills introduced Government
Criminal Procedure Amendment (Pre-trial Disclosure) Bill
2018
RSL NSW Bill 2018
Bills passed by both Houses of Parliament
Unexplained Wealth (Commonwealth Powers) Bill 2018
Proclamations commencing Acts
Crimes Amendment (Publicly Threatening and Inciting Violence) Act
2018 No 32 (2018-422) — published LW 10 August 2018
- The legislation creates a new offence in the Crimes Act of
publicly threatening or inciting violence against people on the
grounds of race, religious affiliation, sexual orientation, gender
identity, intersex or HIV/AIDS status.
Regulations and other miscellaneous instruments
Local
Government (Regional Joint Organisations) Further Amendment
Proclamation 2018 (2018-426) — published LW 10 August
2018
Subordinate
Legislation (Postponement of Repeal) Order 2018 (2018-428)
— published LW 10 August 2018
Bills introduced Government
Road Transport Legislation Amendment (Penalties and Other
Sanctions) Bill 2018
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.
