In the media
NSW Information Commissioner and Open Data Advocate
leads state and territory commitment on Open Government information
access initiatives
The NSW Information Commissioner, Information and Privacy
Commission (IPC) CEO and Open Data Advocate, Ms
Elizabeth Tydd, released an update on her work on open government
initiatives under Australia’s second Open Government National
Action Plan 2018-20 (OGNAP 2) (11 March 2019).
More...
Law reform, cultural change and honesty critical to
combat sexual harassment in the legal profession
Cultural and structural change is as vital as legislative
reform to combat sexual harassment in Australian workplaces and the
legal profession, according to the Law Council of Australia (08
March 2019). More...
'Lives are being destroyed’ – legal
assistance funding needs urgent review, huge budget boost
The dire state of legal assistance funding in Australia
has been highlighted as a matter of critical importance in the Law
Council of Australia’s 2019-20 Pre-Budget Submission, with a
boost of at least $310 million a year required to address critical
gaps in the system (07 March 2019). More...
In practice and courts
New South Wales
NSW Sentencing Council - victims' involvement in
sentencing Report
The NSW Attorney General asked us to conduct a review of victims' involvement in the
sentencing process. The Council transmitted the Report: Victims' Involvement in Sentencing
to the Attorney General on 1 March 2018.
NSW BOSCAR publications
06 March 2019 NSW Recorded Crime Statistics quarterly
update December 2018
NCAT: apply online for earlier hearing date
Parties can apply here for most NCAT Consumer and
Commercial Division applications. These include applications for
tenancy, social housing, consumer claims, home building and
residential communities (12 March 2019). More...
Operation skyline public inquiry resumed on Monday 18
March 2019
The ICAC Operation Skyline public inquiry into allegations
concerning the Awabakal Local Aboriginal Land Council resumed on
Monday 18 March 2019 at 10:00 am. (15 March 2019). More...
Public Consultation: review of model defamation
provisions
The Defamation Working Party is seeking feedback on
defamation law in Australia, to assess how the legal principles
apply in the digital age and identify areas for national reform.
Submissions close on 30 April 2019. More...
NSW LRC: open justice review - court and tribunal
information: access, disclosure and publication
The Attorney General has asked us to review the operation
of suppression and non-publication orders and access to information
in NSW courts and tribunals. See the terms of reference here. The deadline for preliminary
submissions is Friday 31 May 2019. Information about making a
submission may be found on our website here.
Amendments to local court practice note Civ 1
His Honour Judge Henson, Chief Magistrate has amended
Practice Note Civ 1. In addition to the requirements for expert
evidence the amendments consolidate this practice note with the
Online Court Practice Note. This practice note will commence on and
from 15 March 2019. More...
Published - articles, papers, reports
Image-based sexual abuse: victims and perpetrators
Nicola Henry, Asher Flynn, Anastasia Powell; Australian
Institute of Criminology: 07 March 2019
Image-based sexual abuse (IBSA) refers to the
non-consensual creation, distribution or threatened distribution of
nude or sexual images. This research examines the prevalence,
nature and impacts of IBSA victimisation and perpetration in
Australia. More...
Insights from reports tabled October to December
2018
ANAO: 07 March 2019
This edition of audit insights focuses on quality in the public
sector. Quality is an important concept that can be applied to all
areas of government business. More...
Use and acceptance of biometric technologies in
2017
Russell G. Smith, Alexandra Gannoni, Susan Goldsmid;
Australian Institute of Criminology: 04 March 2019
Biometrics makes use of people’s unique biological
characteristics to identify them when dealing with government and
business. This paper presents results from a public survey,
conducted in 2017, which indicated generally high levels of
previous exposure to biometrics and increasing willingness to use
biometric technologies. More...
Cases
Zidar v NSW Department of
Justice (Office of the General Counsel)
[2019] NSWCATAD 38
ADMINISTRATIVE LAW – application to use a recording
device to record hearing – application for McKenzie friend to
sit at the Bar Table – summons for witness to give evidence
set aside.
Kallin Pty Ltd v Independent
Liquor and Gaming Authority [2019] NSWCATAD
36
ADMINISTRATIVE LAW – liquor licensing –
overall social impact of granting licence - whether detrimental to
wellbeing of local or broader community.
Local Democracy Matters
Incorporated v Infrastructure NSW; Waverley Council v
Infrastructure NSW [2019] NSWLEC
20
Judicial review – challenge to Minister for
Planning’s grant of development consent to concept
development application including Stage 1 demolition of Sydney
Football Stadium – no failure to comply with mandatory public
exhibition period – no failure to comply with Sydney Local
Environmental Plan 2012 concerning design excellence – no
failure to comply with State Environmental Planning Policy 55
Remediation of Land.
Ghasemi v NSW Department of
Corrective Services [2019] NSWSC
207
ADMINISTRATIVE LAW – alleged error of law and
jurisdictional error – Commissioner’s decision not to
vary the plaintiff’s prison classification – relevance
of his immigration status – powers and functions of Serious
Offenders Review Council – allegations including bias and
that decision.
Commissioner of Police v Da
Costa-Reidel (on behalf of Stop Adani Sydney)
[2019] NSWSC 198
PUBLIC ASSEMBLY – proposed public protest against
the Adani coal mine – application by Commissioner of Police
under s 25(1) Summary Offences Act 1988 (NSW) –
where the protest followed a major thoroughfare and would disrupt
traffic and emergency services – where the proposed
procession coincided with the heavily-attended Mardi Gras Fair Day
– where the defendant refused to accept alternative routes
offered by the Commissioner – prohibition order made COSTS
– discretion – general principles – where the
plaintiff was successful in its application – where the
defendant argued for a costs order based on concepts of public
interest – effect of public interest considerations
generally.
Burton v Local Court of New
South Wales [2019] NSWSC 191
ADMINISTRATIVE LAW – Judicial review –
Court Suppression and Non-publication Orders Act 1970
(NSW) – Violation of non-publication orders - Whether
the Magistrate erred by not dismissing the charges against the
plaintiff – Failure to provide evidence – Abuse of
process – Interim order – Whether the interim
non-publication order could not have been violated because it was
expired.
Ballas v Department of Education
(State of NSW) [2019] NSWSC 234
ADMINISTRATIVE LAW – judicial review –
decision of a delegate of the Registrar of the Workers Compensation
Commission as to whether appeal to Appeal Panel should be allowed
to proceed – whether error of law – whether
jurisdictional error – whether delegate failed to consider
submission that “Approved Medical Specialist” took into
account irrelevant considerations and failed to take into account
relevant considerations – whether delegate erred in deciding
that which matters were relevant to the categories in the
Psychiatric Impairment Rating Scale (PIRS) was a
matter of discretion rather than an application of the Workers
Compensation Guideline.
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.