Australia: NSW Government Bulletin - 24 January 2018

NSW Government Bulletin - summer edition

From the introduction of two major pieces of environmental legislation late last year, to the new mandatory data breach privacy legislation that is about to hit, there's certainly no shortage of significant government news and announcements.

To help you navigate the top issues, we have just published our special summer edition of NSW Government Bulletin.

Our team takes a magnifying glass to the major reforms that emerged over 2017 in key areas affecting government, including property, privacy, planning and environment and workplace relations.

We also cast forward to examine the expected major trends and developments for 2018. It makes for some excellent summer reading.

Please click here to read the NSW Government Bulletin summer edition.

NSW Government Lawyers Day

Our popular annual one-day course specially designed for lawyers employed in the public sector is fast approaching. Holding Redlich will host the NSW Government Lawyers Day on 23 March in our Sydney office. Please click on the link here for further details and to save the date. A full itinerary will be announced shortly.

To start a conversation about Government Bulletin or issues of interest to NSW government lawyers, join the LinkedIn group NSW Government Lawyers by clicking on this link. Membership is open to those employed in the public sector.

In the media

NSW Legislative Summary 2017: Police Powers, Consumer Law, Revenge Pornography and Compensation
In 2017, the NSW Parliament passed 69 Acts. These Acts spanned a number of areas, with particular areas of focus including crime, terrorism offences and police powers, consumer law, and compensation and insurance schemes (18 January 2018). More...

Vital the rule of law is upheld despite warring words
Ensuring the rule of law is respected and maintained is vital to the strength of Australia's legal system, the Law Council of Australia has reiterated. The national peak body, representing the legal profession, today backed colleagues at the Law Institute of Victoria in defending the rule of law, particularly the independence of the judiciary (15 January 2018). More...

Political attacks on the judiciary undermines the independence, integrity and impartiality of Australia's legal system
The Australian Bar Association (ABA) has the highest respect for the independence, integrity and impartiality of the judiciary across Australia and is very concerned by recent political attacks on the Victorian judiciary (13 January 2018). More...

Significant corruption revealed in Australian Public Service
Two new reports have highlighted the extent of corruption in the Australian Public Service (APS). One of the says that corrupt practices may cost the economy as much as $72 billion dollars since 2012 (12 January 2018). More...

'Creeping Stalinism': secrecy law could imprison whistleblowers and journalists
Proposed changes to Australia's official secrecy laws a threat to democracy, say human rights and media organisations. Government whistleblowers and journalists who report on leaked information could face 20 years' imprisonment if changes to Australia's official secrecy laws pass parliament (11 January 2018). More...

Open data – too much sharing, too little care
Who's reading your health information now? There can be benefits from sharing health and other personal information among health care professionals and researchers. But any such sharing must be based on an understanding of potential risks. It must occur only within an effective legal framework, with controls appropriate for those risks (09 January 2018). More...

District Court program reduces delays in NSW
A program aimed at cutting the District Court backlog is delivering significantly faster case outcomes, according to a new report by the Bureau of Crime Statistics and Research (BOCSAR). "The spectacular results of the Rolling List Court show what can be achieved with earlier and better management of cases by prosecution and defence agencies (08 January 2018). More...

Building a more diverse and inclusive legal profession
Law Council of Australia President, Fiona McLeod SC, said three new tools available on the Law Council website delivered national leadership on the issue of diversity and equity and would provide lawyers with important information to help them grasp the opportunities presented by changing times, expectations, and workplace laws (20 December 2017). More...

In practice and courts

Privacy Changes
Data breach notification will become mandatory as of February 2018 for all Australian entities required to comply with the Privacy Act 1988. When Federal Parliament passed the Privacy Amendment (Notifiable Data Breaches) Act 2017 last year, it started a process that means from 22 February 2018, all entities covered by the Australian Privacy Principles will have clear obligations to report eligible data breaches within 30 days. If an eligible data breach is confirmed, entities must provide a statement to each of the individuals whose data was breached or who are at risk, and notify the OAIC. Privacy data breaches will also change in 2018.

High Court of Australia
High Court of Australia Bulletin [2017] HCAB 10 (21 December 2017). More...

AAT Bulletin
The AAT Bulletin is a weekly publication containing a list of recent AAT decisions and information relating to appeals against AAT decisions:
Issue No. 1/2018, 15 January 2018

No changes to AAT reviews as Department of Immigration and Border Protection (DIBP) becomes part of Department of Home Affairs.
The AAT's power to review decisions has not changed. The AAT is able to review decisions made by officers of the former DIBP as well as decisions made by officers of the new Department of Home Affairs. Forms and information products will be updated to reflect this change (23 December 2017). More...

Community to have its say on ancient mercy law
Attorney General Mark Speakman has called for public submissions on whether petitions for mercy and their outcomes should be made publicly available. The review will deliver its recommendations to the NSW Government by 6 April 2018. Anyone interested in making a submission should do so by close of business Friday, 9 February 2018. To lodge a submission to the review, please visit the NSW Government Have Your Say website.

– 17 January 2018.
Leading prosecutor appointed to the District Court – 22 December 2017.
New Land and Environment Court Commissioners - 22 December 2017.

NCAT: Commencement of strata building bond and inspections scheme
The strata building bond and inspections scheme commenced on 1 January 2018 under Part 11 Strata Schemes Management Act 2015. Under Part 11 of the Act, NCAT can make the following orders about the new building bond and inspections scheme: Contract price of building work to determine the building bond amount and Access to the lot for an inspection or to rectify defective building work (09 January 2018). More...

NCAT: Service requirements for internal appeals clarified
NCAT forms and publications amended to clarify the service requirements for internal appeals are outlined here (08 January 2018). More...

NCAT Legal Bulletins
NCAT Legal Bulletin Issue 10 of 2017 – December 2017.

Judicial Commission of NSW: Equality Before the Law Bench Book Update 11 published
The latest update to the Equality Before the Law Bench Book includes amendments to the following chapters: Section 4 — People with a particular religious affiliation; Section 5 — People with disabilities; Section 8 — Lesbians, gay men and bisexuals; Section 9 — Sex and gender diverse people (14 December 2017).

Judicial Commission of NSW: Local Court Bench Book Update 125 published
Update 125 amends the following chapters of the Local Court Bench Book: including Specific penalties and orders; General orders at [10-000]; Commonwealth offences at [15-040], [15-080], [15-120] and [15-240] (22 December 2017).

Reminder: Supreme Court of NSW: Updated forms for costs assessment
Updated costs assessment forms have recently been published on the Supreme Court website. From 1 January 2018 the registry will only accept these costs assessment forms for processing.

Prosecution briefs with the DPP and outcomes
Tables of prosecution briefs with the DPP and outcomes. Last updated 15 January 2018. More...

Published – articles, papers, reports

Recorded crime monitoring report: rejected incidents - recorded crime data to September 2017
NSW Bureau of Crime Statistics and Research: 15 January 2018
The trend in any offence can be affected by the percentage of crimes 'rejected' by police as not genuine. The Bureau monitors trends in the percentage of rejected incidents to see whether they could be affecting the trend in recorded crime. More...

The NSW Rolling List Court evaluation: final report
Sara Rahman, Suzanne Poynton, Don Weatherburn; NSW Bureau of Crime Statistics and Research: 09 January 2018
The RLC proved effective at obtaining early guilty pleas and reducing delay in the processing of indictable criminal matters. The findings suggest that efforts to introduce some elements of the RLC, such as early briefing of practitioners and pre-trial negotiations, could have benefits for the NSW DCC's efficiency. More...

Legal rights audit 2017
Morgan Begg; Institute of Public Affairs: 27 December 2017
This report illustrates the ongoing erosion of legal rights that persists in Australia. This has been measured by an analysis of the content of all legislation passed by the federal parliament in 2017. More...

OAICnet 18 December 2017
In this issue: Notifiable Data Breaches scheme resources finalised; New Australian Government Agencies Privacy Code resources; Notifiable Date Breaches scheme webinar recording; Review of Privacy (Credit Reporting) Code 2014 completed; Australian participates in APEC CBPR System; Recent FOI decisions. More...

AIJA News
Australasian Institute of Judicial Administration Incorporated – December 2017. More...

Guide to judicial conduct: (third edition)
The Australasian Institute of Judicial Administration Incorporated.
Melbourne, Vic.: Australasian Institute of Judicial Administration Incorporated, 2017. More...

Cases

Hossain v Roads and Maritime Services [2018] NSWCATOD 11
ADMINISTRATIVE REVIEW – Passenger Transport –Where applicant's authority to drive taxis suspended under Passenger Transport Act 1990 - Commencement of new legislation and repeal of relevant provisions of Passenger Transport Act 1990 – Whether Tribunal has jurisdiction to review suspension decision – Whether, if Tribunal does have jurisdiction, applicant is of good repute.

CEU v University of Technology Sydney [2018] NSWCATAD 13
ADMINISTRATIVE LAW – alleged breaches of Information Privacy Principles 1, 3, 4, 6, 7, 9, 10, 11 and 12 of the Privacy and Personal Information Protection Act 1998.
ADMINISTRATIVE LAW – privacy – Health Privacy Principles 1, 2, 3, 4, 6, 8, 10 and 11 of the Health Records and Information Privacy Act 2002.

CWI v The University of New South Wales [2018] NSWCATAD 12
PRIVACY – Personal Information – Whether collected - Use for purpose collected – Whether use consistent with purpose collected – Whether circumstances amount to disclosure.

Dezfouli v Justice Health & Forensic Mental Health Network [2018] NSWCATAD 11
GOVERNMENT INFORMATION – access application – whether public interest considerations against disclosure outweigh public interest considerations in favour of disclosure – redaction of officers names – whether risk of harm or serious harassment or serious intimidation if disclosed – admiralty rating in intelligence report – whether disclosure would prejudice effective exercise of agency's functions – whether information is exempt matter under Commonwealth FOI Act.
PRACTICE AND PROCEDURE – makers of statements not available for cross-examination – whether statements allowed in evidence – proposed cross-examination not go to the contents of the statements.

Shoebridge v Commissioner of Police, NSW Police Force (No 2) [2018] NSWCATAD 3
GIPA Act – Practice and Procedure - Government Information - Access – Third party request to access documents – Whether access should be granted to documents when proceedings not concluded.

Legislation

New South Wales

Proclamations commencing Acts
Terrorism (High Risk Offenders) Act 2017 No 68 (2018-8) — published LW 19 January 2018. Regulations and other miscellaneous instruments
Terrorism (High Risk Offenders) Regulation 2018 (2018-9) — published LW 19 January 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.