In the media

NSW government launches IDCare Identity recovery service
The NSW government's Cyber Security NSW arm has established an identity recovery service for state government customers whose identities become compromised as a result of a "cyber incident". The Identity Recovery Service will allow for 500 individual referrals to IDCare to be used by NSW government departments and agencies as required (18 July 2019). More...

Announcing NSW's new State Coroner
Magistrate Teresa O'Sullivan has been announced as NSW's new State Coroner. Her Honour is the second woman to head the jurisdiction in its history (15 July 2019). More...

Lawyers warn legal aid at breaking point after NSW murder trial derailed
The nation's peak lawyers group has warned the legal aid funding crisis is at "breaking point" following the extraordinary derailment of a high-profile murder trial in New South Wales (12 July 2019). More...

NSW looks to reform criminal proceedings
New South Wales is set to review case management and jury processes across its District and Supreme Courts, in an attempt to reduce criminal proceeding delays, the state's Attorney-General has said (10 July 2019). More...

NSW Information Commissioner releases guideline on access to Out-of-Home Care records
The NSW Information Commissioner launched Information Access Guideline 8: Care Leavers' access to their Out-of-Home Care Records. The statutory guideline highlights the public interest considerations in favour of government agencies releasing information to those who have experienced out of home care arrangements (08 July 2019). More...

In practice and courts

High Court of Australia
High Court of Australia Bulletin [2019] HCAB 5 (8 July 2019)

New ICAC public inquiry into lobbying to start 5 August
The ICAC will hold a public inquiry commencing on Monday 5 August 2019 as part of a new investigation it is conducting into the regulation of lobbying, access and influence in NSW (Operation Eclipse) (18 July 2019). More...

NSW Information Commissioner
The Guideline is directed to the public interest considerations that support access being granted to institutional care records as fully and efficiently as possible. The guideline is for NSW government agencies and can be downloaded from the agency resources page on the Information and Privacy Commission NSW website here (08 July 2019). More...

Adoption of mandatory data breach notification
The Department of Communities and Justice is seeking feedback on whether a mandatory reporting scheme for data breaches should be adopted under the Privacy and Personal Information Protection Act 1998. Submissions close on 23 August 2019. More...

NCAT Fees and charges from 12 July 2019
NCAT's fees and charges for the filing of applications, appeals and other services will change on 12 July 2019. Download the NCAT Fees and charges schedule here.

Decisions of interest: Practice support
The NSW Court of Appeal has just published its latest Decisions of Interest Bulletin on the Court of Appeal website here. Learn more here.

JUDCOM: Post-sentencing reform statistics and enhanced statistics viewer on JIRS
The Judicial Commission has launched an enhanced statistics viewer to accommodate the new community based sentencing options which came into effect on 24 September 2018. The post-reform sentencing statistics for the Local Court are available now and it is anticipated that the statistics for the District and Supreme Courts will be available in August (17 July 2019). More...

JUDCOM: Children's Court Resource Handbook update 10 published
Update 10 of the Children's Court Resource Handbook includes: Care and protection matters — background material and Criminal matters — background material (16 July 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.

Cases

Sauturaga v Commissioner of Police, NSW Police Force [2019] NSWCATOD 114
ADMINISTRATIVE REVIEW – occupational licensing – security licence – mandatory refusal – whether regulation invalid – no compelling reasons to examine validity – meaning of "in relation to" in s 16(1)(a) of the Act

DQJ v Secretary, Department of Family and Community Services [2019] NSWCATAD 138
Administrative Law – privacy and personal information – whether disclosure of personal information

Miskelly v Roads and Maritime Services [2019] NSWCATAD 133
ADMINISTRATIVE LAW – access to government information – cabinet information ADMINISTRATIVE LAW – whether the Tribunal has jurisdiction to review a decision of an agency that information is 'out of scope'

Legislation

Proclamations commencing Acts
Justice Legislation Amendment Act (No 3) 2018 No 87 (2019-330) — published LW 12 July 2019

Regulations and other miscellaneous instruments
Civil and Administrative Tribunal Amendment (Fees) Regulation 2019 (2019-326) — published LW 11 July 2019
Civil Procedure Amendment (Fees) Regulation 2019 (2019-327) — published LW 11 July 2019
Criminal Procedure Amendment (Fees) Regulation 2019 (2019-328) — published LW 11 July 2019

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.