Australia: NSW Government Bulletin - 25 May 2016

Last Updated: 30 May 2016
Article by Kim Nguyen
Most Read Contributor in Australia, August 2019

On 12 May 2016, the Inspector of the Independent Commission Against Corruption (ICAC) issued a report to the Premier in relation to his review of the ICAC (Report).

The Report is concerned with the terms of the Independent Commission Against Corruption Act 1988 (NSW) (the ICAC Act), the structure, culture and procedures of the ICAC and the role of the Inspector.

The Report included the following recommendations:

  1. That ICAC examinations should be conducted in private so that disproportionate reputational damage is eradicated;
  2. If public inquiries are retained, then ICAC should in determining whether or not the public interest is served, have regard to and specify the elements of the public interest, and consider whether it is more appropriate to refer the matter to the DPP or another public authority;
  3. That only in exceptional circumstances should a person not be informed of the nature of the allegation or complaint being investigated; and
  4. That a notice to produce under section 22 of the ICAC Act only be granted:
    1. by a Commissioner or Assistant Commissioner, where a particular investigation is nominated;
    2. where the document or thing may reasonably be regarded as leading to a chain of inquiry and advancing the nominated inquiry;
    3. where there is reasonable time to comply with the notice;
    4. where reasonable time to comply with the notice includes sufficient time to obtain legal advice or to commence procedures setting aside the subpoena.

The ICAC responded to the Report by a media release on 12 May 2016, noting amongst other things that the Inspector did not undertake any consultation with the ICAC.

In response to the Inspector's principal recommendation that the ICAC should conduct examinations in private, the ICAC stated: 

[this] is contrary to the considered conclusions reached by the 2005 Independent Review of the ICAC conducted by Bruce McClintock SC and the more recent 2015 Independent Panel Review conducted by the Hon Murray Gleeson AC and Mr McClintock. The Commission agrees with the Independent Panel Review's assessment that public inquiries "...serve an important role in the disclosure of corrupt conduct [and] in disclosing the ICAC's investigative processes".

The ICAC's media release stated that it intended to make a detailed response to the Report to the Premier of NSW.

In the media

The IPC wants to hear from you

The Information and Privacy Commission (IPC) wants to hear about the best ways to engage with NSW government agencies on the formulation of agency policies and the exercise of agency functions (17 May 2016) More...

ICAC corruption prevention program to visit Orana and Far West

The ICAC will visit the Orana and Far West regions of NSW next week, as part of the Commission's program to bring anti-corruption initiatives and training to centres across the state (17 May 2016) More...

LCA: 45,000 people faced courts alone due to legal aid crisis

At least 45,000 Australians have been forced to represent themselves in court, often up against powerful and well-funded legal teams, due to the crisis in legal aid (16 May 2016) More...

High Court Finds WA Bell Group Act Invalid: [2016] HCA 21

The High Court has unanimously declared that the Bell Group Companies (Finalisation of Matters and Distribution of Proceeds) Act 2015 (WA) is invalid in its entirety by the operation of s 109 of the Constitution because it is inconsistent with one or more provisions of the Income Tax Assessment Act 1936 (Cth) and the Taxation Administration Act 1953 (Cth) (together, "the Tax Acts") (16 May 2016) More...

Senate voting reform challenge thrown out by High Court

The High Court throws out a challenge to a new senate voting law targeting preference deals which helped micro parties and independents win senate seats (13 May 2016)  More...

Nineteen new councils created in NSW today

NSW Premier Mike Baird and Minister for Local Government Paul Toole said 19 new councils announced in NSW today will work harder for residents and deliver better services and community facilities (19 May 2016) More...

Reforms to strengthen council integrity

Dishonest councillors who use their position for personal benefit will be forced to hand over their ill-gotten gains under tough new laws to be introduced into NSW Parliament (12 May 2016)  More...

NSW Government Introduces Bill Allowing Terrorism Suspects To Be Detained For Two Weeks Without Charge

On May 4, NSW Premier Mike Baird introduced the Terrorism (Police Powers) Amendment (Investigative Detention) Bill 2016 into NSW Parliament.  The Bill would allow police to utilise new "investigative detention" powers to detain suspects for questioning without being charged with an with an offence, and would apply, with safeguards, to children between the ages of 14 and 17 (10 May 2016)  More...

In practice and courts

NSW ICAC

20/05/2016 - Operation Greer witness list-  Witness list for the remainder of the Operation Greer public inquiry into allegations concerning the Gandangara Local Aboriginal Land Council updated

17/05/2016 - Prosecution briefs with the DPP and outcomes - Briefs with the DPP and outcomes of ICAC-related prosecutions las updated 17 May 2016.

12/05/2016 - Statement regarding the Inspector of the ICAC's report to the Premier

The Commission intends to make a detailed response to the Premier on the ICAC Inspector's report

NSW Information Commissioner launches consultation to promote public participation

The Information and Privacy Commission (IPC) wants to hear about the best ways to engage with NSW government agencies on the formulation of agency policies and the exercise of agency functions. See the Your Say IPC website. The consultation is open until 31 May 2016.  More...

NSW Courts

New judge appointed to District Court bench (13 May 2016)

NCAT

NCSAT has published the ​NCAT Legal Bulletin Issue 2 of 2016​ ​(10 May 2016)

NSW JUDCOM: Civil Trials Bench Book: Update 30

Update 30 released on 19 May 2016

Civil Trials Bench Book: Update 30

NSW: This month in committees

Upcoming hearings

Legislative Council committee system, # 1 (Fri 29).

Inquiries receiving submissions

Inquiry into First Review of the Compulsory Third Party insurance scheme, closes 13 May.

Government responses due

Local government in New South Wales (response due) (Fri 29)

Published – articles, papers, reports

Chief Justice Speech: State of the Australian Judicature
The Law Council of Australia (LCA) and the Australian Bar Association (ABA) have jointly made released a speech (29 April 2016) delivered by Chief Justice Robert French on the state of the Australian judicature

OAICicon — 10 May 2016

OAICicon eNews alerts for privacy contact officers in public sector organisations.

OAICnet — 19 May 2016

OAICnet — 10 May 2016

produced by the Office of the Australian Information Commissioner (OAIC).

Cases

Bell Group N.V. (in liquidation) v Western Australia; W.A. Glendinning & Associates Pty Ltd v Western Australia; Maranoa Transport Pty Ltd (in liq) v Western Australia [2016] HCA 21

The questions stated by the parties in the amended special case dated 29 February 2016 and referred for consideration by the Full Court be answered

Constitutional law – Inconsistency between Commonwealth and State laws – Bell Group Companies (Finalisation of Matters and Distribution of Proceeds) Act 2015 (WA) – Where rights and obligations arose and had accrued to Commonwealth under Commonwealth law prior to commencement of State law – Where State law purports to create scheme under which Commonwealth tax debts stripped of characteristics ascribed to them by Income Tax Assessment Act 1936 (Cth) and Taxation Administration Act 1953 (Cth) – Whether State law invalid by reason of s 109 of Constitution – Whether State law alters, impairs or detracts from operation of Commonwealth law – Whether provisions can be read down or severed – Whether State law invalid in its entirety.

Constitutional law – Standing – Where Attorney-General of Commonwealth intervened generally in support of plaintiffs – Whether plaintiffs have standing in their own right to challenge validity of State law.

Words and phrases – "accrued rights", "alter, impair or detract from", "inconsistency", "justiciable controversy", "reading down", "severance", "standing". More...

Day v Australian Electoral Officer for the State of South Australia; Madden v Australian Electoral Officer for the State of Tasmania [2016] HCA 20

Application dismissed. Constitutional law – Election of Senators – Validity of provisions of Commonwealth Electoral Act 1918 (Cth) as amended by Commonwealth Electoral Amendment Act 2016 (Cth) – Whether provisions for voting above or below dividing line on ballot paper prescribed more than one method of choosing Senators contrary to s 9 of Constitution – Whether indicating vote for party or group above dividing line contrary to requirement in s 7 of Constitution that Senators be "directly chosen by the people" – Whether prescription of "Droop quota" resulted in effective disenfranchisement – Whether instructions on ballot paper infringed implied freedom of political communication or system of representative government. More...

CLT v Department of Education and Communities [2016] NSWCATAD 98

CIVIL AND ADMINISTRATIVE TRIBUNAL – PRIVACY – Privacy and Personal Information Protection Act 1998 (NSW) – IPP 5 – Department lost medical certificate but information not disclosed – no breach of IPP 5 as safeguards reasonable More...

Shoebridge v Forestry Corporation of NSW [2016] NSWCATAD 93

CIVIL AND ADMINISTRATIVE TRIBUNAL – Government Information (Public Access) Act – request by Member of Parliament for information about spraying of pesticides in forests – special benefit to the public generally in the application justifying 50% reduction in processing fees.  More...

Daley v SAS Trustee Corporation [2016] NSWCA 111

APPEAL – statutory appeal – District Court Act 1973 (NSW), s 142N – whether appellant aggrieved by award in point of law – whether primary judge determined appellant not an aggrieved person within meaning of s 21(1), Police Regulation (Superannuation) Act 1906 (NSW)   STATUTORY INTERPRETATION – construing statute conferring jurisdiction on court – whether jurisdiction dependent on satisfaction of judge of court concerned – construing facultative provision   WORDS AND PHRASES – "person aggrieved" – "decision" – "point of law" – "real merits and justice of the case" – Police Regulation (Superannuation) Act 1906 (NSW), s 21(1); District Court Act 1973 (NSW), s 142J, s 142N More...

Legislation

NSW

Regulations and other miscellaneous instruments

Uniform Civil Procedure (Amendment No 76) Rule 2016 (2016-255) — published LW 20 May 2016

Bills introduced Government – 13 May 2016

Courts Legislation Amendment (Disrespectful Behaviour) Bill 2016

Statute Law (Miscellaneous Provisions) Bill 2016

Bills revised following amendment in Committee – 13 May 2016

Coastal Management Bill 2016

Bills passed by both Houses of Parliament

Terrorism (Police Powers) Amendment (Investigative Detention) Bill 2016

Bills assented to

Terrorism (Police Powers) Amendment (Investigative Detention) Act 2016 No 17 — Assented to 16 May 2016

Fines Amendment Act 2016 No 13 — Assented to 11 May 2016

Crimes (Serious Crime Prevention Orders) Act 2016 No 15 — Assented to 11 May 2016

Criminal Legislation Amendment (Organised Crime and Public Safety) Act 2016 No 16 — Assented to 11 May 2016

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.

To print this article, all you need is to be registered on Mondaq.com.

Click to Login as an existing user or Register so you can print this article.

Authors
Similar Articles
Relevancy Powered by MondaqAI
 
Some comments from our readers…
“The articles are extremely timely and highly applicable”
“I often find critical information not available elsewhere”
“As in-house counsel, Mondaq’s service is of great value”

Related Topics
 
Similar Articles
Relevancy Powered by MondaqAI
Related Articles
 
Up-coming Events Search
Tools
Print
Font Size:
Translation
Channels
Mondaq on Twitter
 
Mondaq Free Registration
Gain access to Mondaq global archive of over 375,000 articles covering 200 countries with a personalised News Alert and automatic login on this device.
Mondaq News Alert (some suggested topics and region)
Select Topics
Registration (please scroll down to set your data preferences)

Mondaq Ltd requires you to register and provide information that personally identifies you, including your content preferences, for three primary purposes (full details of Mondaq’s use of your personal data can be found in our Privacy and Cookies Notice):

  • To allow you to personalize the Mondaq websites you are visiting to show content ("Content") relevant to your interests.
  • To enable features such as password reminder, news alerts, email a colleague, and linking from Mondaq (and its affiliate sites) to your website.
  • To produce demographic feedback for our content providers ("Contributors") who contribute Content for free for your use.

Mondaq hopes that our registered users will support us in maintaining our free to view business model by consenting to our use of your personal data as described below.

Mondaq has a "free to view" business model. Our services are paid for by Contributors in exchange for Mondaq providing them with access to information about who accesses their content. Once personal data is transferred to our Contributors they become a data controller of this personal data. They use it to measure the response that their articles are receiving, as a form of market research. They may also use it to provide Mondaq users with information about their products and services.

Details of each Contributor to which your personal data will be transferred is clearly stated within the Content that you access. For full details of how this Contributor will use your personal data, you should review the Contributor’s own Privacy Notice.

Please indicate your preference below:

Yes, I am happy to support Mondaq in maintaining its free to view business model by agreeing to allow Mondaq to share my personal data with Contributors whose Content I access
No, I do not want Mondaq to share my personal data with Contributors

Also please let us know whether you are happy to receive communications promoting products and services offered by Mondaq:

Yes, I am happy to received promotional communications from Mondaq
No, please do not send me promotional communications from Mondaq
Terms & Conditions

Mondaq.com (the Website) is owned and managed by Mondaq Ltd (Mondaq). Mondaq grants you a non-exclusive, revocable licence to access the Website and associated services, such as the Mondaq News Alerts (Services), subject to and in consideration of your compliance with the following terms and conditions of use (Terms). Your use of the Website and/or Services constitutes your agreement to the Terms. Mondaq may terminate your use of the Website and Services if you are in breach of these Terms or if Mondaq decides to terminate the licence granted hereunder for any reason whatsoever.

Use of www.mondaq.com

To Use Mondaq.com you must be: eighteen (18) years old or over; legally capable of entering into binding contracts; and not in any way prohibited by the applicable law to enter into these Terms in the jurisdiction which you are currently located.

You may use the Website as an unregistered user, however, you are required to register as a user if you wish to read the full text of the Content or to receive the Services.

You may not modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, link, display, or in any way exploit any of the Content, in whole or in part, except as expressly permitted in these Terms or with the prior written consent of Mondaq. You may not use electronic or other means to extract details or information from the Content. Nor shall you extract information about users or Contributors in order to offer them any services or products.

In your use of the Website and/or Services you shall: comply with all applicable laws, regulations, directives and legislations which apply to your Use of the Website and/or Services in whatever country you are physically located including without limitation any and all consumer law, export control laws and regulations; provide to us true, correct and accurate information and promptly inform us in the event that any information that you have provided to us changes or becomes inaccurate; notify Mondaq immediately of any circumstances where you have reason to believe that any Intellectual Property Rights or any other rights of any third party may have been infringed; co-operate with reasonable security or other checks or requests for information made by Mondaq from time to time; and at all times be fully liable for the breach of any of these Terms by a third party using your login details to access the Website and/or Services

however, you shall not: do anything likely to impair, interfere with or damage or cause harm or distress to any persons, or the network; do anything that will infringe any Intellectual Property Rights or other rights of Mondaq or any third party; or use the Website, Services and/or Content otherwise than in accordance with these Terms; use any trade marks or service marks of Mondaq or the Contributors, or do anything which may be seen to take unfair advantage of the reputation and goodwill of Mondaq or the Contributors, or the Website, Services and/or Content.

Mondaq reserves the right, in its sole discretion, to take any action that it deems necessary and appropriate in the event it considers that there is a breach or threatened breach of the Terms.

Mondaq’s Rights and Obligations

Unless otherwise expressly set out to the contrary, nothing in these Terms shall serve to transfer from Mondaq to you, any Intellectual Property Rights owned by and/or licensed to Mondaq and all rights, title and interest in and to such Intellectual Property Rights will remain exclusively with Mondaq and/or its licensors.

Mondaq shall use its reasonable endeavours to make the Website and Services available to you at all times, but we cannot guarantee an uninterrupted and fault free service.

Mondaq reserves the right to make changes to the services and/or the Website or part thereof, from time to time, and we may add, remove, modify and/or vary any elements of features and functionalities of the Website or the services.

Mondaq also reserves the right from time to time to monitor your Use of the Website and/or services.

Disclaimer

The Content is general information only. It is not intended to constitute legal advice or seek to be the complete and comprehensive statement of the law, nor is it intended to address your specific requirements or provide advice on which reliance should be placed. Mondaq and/or its Contributors and other suppliers make no representations about the suitability of the information contained in the Content for any purpose. All Content provided "as is" without warranty of any kind. Mondaq and/or its Contributors and other suppliers hereby exclude and disclaim all representations, warranties or guarantees with regard to the Content, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement. To the maximum extent permitted by law, Mondaq expressly excludes all representations, warranties, obligations, and liabilities arising out of or in connection with all Content. In no event shall Mondaq and/or its respective suppliers be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use of the Content or performance of Mondaq’s Services.

General

Mondaq may alter or amend these Terms by amending them on the Website. By continuing to Use the Services and/or the Website after such amendment, you will be deemed to have accepted any amendment to these Terms.

These Terms shall be governed by and construed in accordance with the laws of England and Wales and you irrevocably submit to the exclusive jurisdiction of the courts of England and Wales to settle any dispute which may arise out of or in connection with these Terms. If you live outside the United Kingdom, English law shall apply only to the extent that English law shall not deprive you of any legal protection accorded in accordance with the law of the place where you are habitually resident ("Local Law"). In the event English law deprives you of any legal protection which is accorded to you under Local Law, then these terms shall be governed by Local Law and any dispute or claim arising out of or in connection with these Terms shall be subject to the non-exclusive jurisdiction of the courts where you are habitually resident.

You may print and keep a copy of these Terms, which form the entire agreement between you and Mondaq and supersede any other communications or advertising in respect of the Service and/or the Website.

No delay in exercising or non-exercise by you and/or Mondaq of any of its rights under or in connection with these Terms shall operate as a waiver or release of each of your or Mondaq’s right. Rather, any such waiver or release must be specifically granted in writing signed by the party granting it.

If any part of these Terms is held unenforceable, that part shall be enforced to the maximum extent permissible so as to give effect to the intent of the parties, and the Terms shall continue in full force and effect.

Mondaq shall not incur any liability to you on account of any loss or damage resulting from any delay or failure to perform all or any part of these Terms if such delay or failure is caused, in whole or in part, by events, occurrences, or causes beyond the control of Mondaq. Such events, occurrences or causes will include, without limitation, acts of God, strikes, lockouts, server and network failure, riots, acts of war, earthquakes, fire and explosions.

By clicking Register you state you have read and agree to our Terms and Conditions