In the media
General Data Protection Regulation commenced 25
May
The European Union (EU) General Data
Protection Regulation (GDPR) came into force on 25
May 2018. The GDPR will harmonise data privacy laws across Europe,
and replace existing national data protection rules (25 May 2018).
More...
Supreme Court Justice to lead Consent Law Review
Acting Justice Carolyn Simpson will take up her
appointment as part-time Commissioner of the NSW Law Reform
Commission immediately. One of the catalysts for the review was the
case of Saxon Mullins, who endured four separate court proceedings
relating to a charge of sexual assault. The proceedings centred
around whether the accused knew the complainant did not consent to
the act in question (23 May 2018).
More...
Half of NSW men have been in trouble with police
New research by the NSW Bureau of Crime Statistics and
Research (BOCSAR) shows that nearly a half (48.4%)
of all men in NSW born in 1984 (and now 33 years of age) have had
some form of action taken against them by the NSW police (23 May
2018).
More...
NSW Legislative Assembly passes bill allowing for
digital licenses and photo cards
The amendments will allow the Roads and Maritime Services
(RMS) agency to securely release personal
information and photographs from its driver licensing and photo
card registers to the Department of Finance, Services and
Innovation Service NSW (23 May 2018). More...
More...
NSW bill for comprehensive changes to political
donations and electoral expenditure
The NSW Government has introduced the Electoral
Funding Bill 2018 (NSW) (the Bill) on 17 May
2018. This Bill is for the purpose of making provisions related to
the disclosure, capping and prohibition of political donations and
for electoral expenditures during election campaigns (21 May 2018).
More...
BOSCAR: Big increase in bail refusals
Reforms to the NSW Bail Act in 2014 and 2015
have increased the number and proportion of defendants ending up in
custody, the NSW Bureau of Crime Statistics and Research
(BOCSAR) has found. Overall, the NSW Bail Act
2013 (as amended) increased the probability of the courts
refusing bail to a defendant accused of a non-minor offence by 0.8
percentage points (21 May 2018).
More...
Parliamentary Committee Recommends Referendum on Section
44
The Joint Standing Committee on Electoral Matters has
released a report on section 44 of the Constitution that recommends
the Australian Government hold a referendum to either repeal
sections 44 and 45 of the Constitution, or to insert into the
sections the words "Until the Parliament otherwise
provides". However, the Turnbull Government has suggested they
may not implement the Committee's findings (18 May 2018). More...
Protesting outside NSW abortion clinics could soon be
outlawed
Protesters outside abortion clinics in New South Wales
may be forced to abandon their posts, if State Parliament passes a
new bill due to be introduced today (17 May 2018).
More...
LCA: New Modern Slavery Act on the horizon
A Modern Slavery Reporting Requirement will be introduced
as part of the new Modern Slavery Act. More than 3,000 large
corporations and other entities will be required to
publish annual public statements on their actions to address
modern slavery in their supply chains and operations under the
proposed new legislation (16 May 2018).
More...
New Magistrate to join Children's Court Bench
Attorney General Mark Speakman today announced Legal Aid
solicitor Debra Maher has been appointed as a magistrate to sit in
the NSW Children's Court. Ms Maher will be sworn in on Monday
18 June 2018 (16 May 2018).
More...
New Deputy Chief Magistrate for Local Court
Attorney General Mark Speakman today announced the
appointment of Magistrate Michael Allen as Deputy Chief Magistrate
of the Local Court of NSW. Magistrate Allen will begin his new role
on 21 May (16 May 2018).
More...
In practice and courts
2019 High Court sittings
The Rule of Court appointing the
High Court sittings for 2019 has been published along with the
explanatory statement. The Rule of Court appoints the Full
Court sittings to be held in Canberra throughout the year and the
days on which special leave applications will be heard. Sittings of
the court will continue to be held in Adelaide, Brisbane, Hobart
and Perth as required. These sittings will be appointed by the
Chief Justice pursuant to Rule 6.04.2 of the High Court Rules
2004.
Health data privacy – Family planning NSW
ABC News has reported that people looking for information about
abortions and contraception could have had their personal
information stolen, after a major data breach at Family Planning
NSW. Clients were alerted to the incident by an email signed by
chairwoman of the FPNSW board, Sue Carrick, and chief executive
Adjunct Professor Ann Brassi.
General Data Protection Regulation live on 25 May
The European Union's (EU) General
Data Protection Regulation (GDPR) came into effect
on 25 May 2018 to harmonise data privacy laws across Europe. It
generally applies to data processing activities where an
establishment is in the EU, or if outside the EU. Agencies and
businesses should carefully assess whether the GDPR applies to
their activities and seek their own legal advice accordingly. For
more information, visit ico.org.uk
and the Office of the Australian Information Commissioner at oaic.gov.au.
Federal Budget 2018-19: Highlights for lawyers
Law Council of Australia has produced a summary of key
items from last night's Federal Budget of interest to the legal
profession, released on 17 May 2018.
More...
Law Council consults on Review of Australian
Solicitors' Conduct Rules
The Law Council is undertaking a review of the Australian
Solicitors' Conduct Rules. This is the first comprehensive
review of the Rules since they were first promulgated in June 2011.
The Law Council's Professional Ethics Committee has developed a
Consultation Discussion Paper for the Review and invites
comments and submissions on the issues raised and discussed.
Read more here. The closing date for Submissions is 31 May
2018, which may be lodged here.
OAIC: Statement on Family Planning NSW
The Office of the Australian Information Commissioner was
notified by Family Planning NSW about a data breach incident that
occurred on 25 April 2018. The OAIC understands that Family
Planning NSW is in the process of notifying individuals whose
personal information may have been affected by the breach (14 May
2018).
More...
New South Wales
NSW Privacy Commissioner: new guidance for public sector
agencies on GDPR
With the European Union (EU) General
Data Protection Regulation (GDPR) coming into
effect on 25 May, the NSW Privacy Commissioner Samantha Gavel today
released guidance for NSW public sector agencies on this matter.
"The
Fact Sheet: NSW public sector agencies and the GDPR is aimed at
helping NSW public sector agencies in understanding the GDPR and in
particular the effect for those NSW public sector agencies that
offer goods or services to EU citizens.
ICAC brings anti-corruption training and messages to
Western NSW
The ICAC will visit Western NSW next week as part of its
rural and regional outreach program to bring anti-corruption
initiatives and training to centres across the state (23 May 2018).
More...
ICAC public inquiry into allegations concerning
Corrective Services NSW officers assault of prisoner
The ICAC Operation Estry public inquiry to be held as
part of its investigation into allegations concerning the conduct
of Corrective Services NSW (CSNSW) officers
commences on 21 May 2018 (18 May 2018).
More...
ICAC: Prosecution briefs with the DPP and outcomes
Tables of prosecution briefs with the DPP and outcomes.
Last updated 14 May 2018.
More...
BOSCAR Publication Releases
23 May 2018:
Offending over the life course: Contact with the NSW criminal
justice system between age 10 and age 33
21 May 2018:
Did the 2013 Bail Act increase the risk of bail
refusal?
Consent in relation to sexual assault offences:
Consultation
The Attorney General has asked us to review s 61HA of the
Crimes Act 1900 (NSW) which deals with consent in relation
to sexual assault. The deadline for preliminary submissions is 29
June 2018.
More...
More...
NSW Law Reform Commission: Access to digital assets upon
death or incapacity
The Attorney General has asked us to review and report on
the laws that affect access to a NSW person's digital assets
after they die or become incapacitated. We invite preliminary
submissions on what this review should cover. The deadline for
preliminary submissions is 1 June 2018.
More...
More...
Note: The review will consider relevant NSW, Commonwealth and international laws, including those relating to intellectual property, privacy, contract, crime, estate administration, wills, succession and assisted-decision making.
Supreme Court Practice Note SC CL 5 – General Case
Management List
Practice Note SC CL 5 – General Case Management
List has been re-issued. This Practice Note applies to Urgent
Applications in civil proceedings in the Common Law Division of the
Supreme Court of New South Wales. The revised version has been
published on the NSW Legislation website and commenced operation on
18 May 2018.
More...
Published – articles, papers, reports
Youth justice in Australia 2016–17
Australian Institute of Health and Welfare: 25 May
2018
This report looks at young people who were under youth
justice supervision in Australia during 2016–17 because of
their involvement or alleged involvement in crime. It explores the
key aspects of supervision, both in the community and in detention,
as well as recent trends. More...
Identity crime and misuse in Australia: results of the
2016 online survey
Russell G. Smith, Penny Jorna, Australian Institute
of Criminology: 24 May 2018
This report presents the results of the latest identity crime
and misuse survey, undertaken by the AIC in May 2016. It updates
information obtained in earlier surveys, undertaken in 2013 and
2014, and provides an indication of how the identity crime and
misuse of personal information environment has changed in Australia
since 2013. More...
Offending over the life course: Contact with the NSW
criminal justice system between age 10 and age 33
BOSCAR: released 23 May 2018
One of the most powerful predictors of the number of contacts
with the criminal justice system (CJS) was the age
of first contact. Repeat offenders make a disproportionate
contribution to demand on criminal justice resources. Remarkably,
the top 10 per cent of the 1984 birth cohort, in terms of court
contacts and prison.
More...
What impact do public sex offender registries have on
community safety?
Sarah Napier, Christopher Dowling, Anthony Morgan,
Daniel Talbot, Australian Institute of Criminology: 22 May
2018
This paper reviews the latest empirical evidence from
Australia and overseas regarding the effectiveness of public and
non-public sex offender registries. Results show that while public
sex offender registries may have a small general deterrent effect
on first time offenders, they do not reduce recidivism. More...
Did the 2013 Bail Act increase the risk of bail
refusal?
BOSCAR: released 21 May 2018
BOCSAR analysed the outcomes of 501,212 bail hearings
involving 318,559 individuals. The impact of the legislation
appears to be greater for high-risk defendants.
More...
Justice reinvestment in Australia: a review of the
literature
Matthew Willis, Madeleine Kapira; Australian
Institute of Criminology: 11 May 2018
This report examines the concepts and approaches behind
Justice Reinvestment (JR) and how it might best be
applied in Australia. The report shows that while JR faces some
local challenges, it also offers substantial potential to improve
justice system outcomes. More...
Cases
Gabriel v Commissioner of Police, NSW Police
Force [2018] NSWCATOD
69
ADMINISTRATIVE REVIEW – Security industry licence
– revocation – approach to construction of Regulation -
whether finding of guilt as required by Regulation – meaning
of "involving intimidation" – mandatory
disqualification.
QLD Protection Security Pty Ltd v Commissioner of
Police, NSW Police Force [2018] NSWCATAP
113
APPEAL – leave to appeal from refusal to grant stay
or make other order under s.60(2) of the Administrative
Decisions Review Act 1997 (NSW) – no obvious factual
error – no failure to take into account substantial material
relating to a mandatory consideration –parties able to make
further applications even if appeal not permitted ADMINISTRATIVE
LAW – revocation of security licence by Commissioner of
Police under s.26 of the Security Industry Act 1997 (NSW)
– application for review of decision to the NSW Civil and
Administrative Tribunal (NCAT) – refusal to
grant a stay or make other order affecting the operation of the
revocation decision – mandatory consideration of detriment
under s.60(3)(a) of the Administrative Decisions Review Act
1997 (NSW) – lack of substantial material concerning
detriment – further applications able to be made
DEP v Commissioner of Victims Rights
[2018] NSWCATAD 99
ADMINISTRATIVE LAW - Victims Support –requirement
for documentary evidence- whether applicant primary victim –
secondary victim not entitled to financial support –
summons.
Hutchison v NSW Department of Education
[2018] NSWCATAD 100
ADMINISTRATIVE REVIEW – respondent made an
application for the dismissal of the applicant's review
application on the basis that the application was misconceived as
no further issues arose – whether a hearing of the
respondent's dismissal application should be dispensed with and
a determination of the application be dealt with on the papers.
Amos v Central Coast Council
[2018] NSWCATAD 101
ADMINISTRATIVE LAW – government information –
forms of access – provision of inspection access only –
whether provision of copy access would involve an infringement of
copyright – whether Tribunal is entitled to consider fair
dealing exception under copyright legislation when determining
whether there would be a copyright infringement – whether it
is agency's purpose or applicants' purpose which is
relevant for application of fair dealing exception in context of
access application ADMINISTRATIVE LAW – government
information – whether the Tribunal has jurisdiction to review
the sufficiency of an agency's search where the agency has not
made a determination that it does not hold information –
whether the Tribunal has jurisdiction to review an implied decision
that agency does not hold information - whether correct approach to
review of decision that information is not held is to consider
first that there are reasonable grounds to believe information
exists and secondly whether searches were reasonable –
whether applicant bears onus of proving respondent holds additional
information – where information identified in second access
application which was responsive to access application the subject
of these proceedings, but not identified in relation to that
application.
CBL v Southern Cross University
[2018] NSWCATAD 97
ADMINISTRATIVE LAW – PRIVACY – personal
information – solicitation - collection – lawful
purpose – disclosure – disclosure within an agency
– confidential information – no disclosure.
Legislation
Regulations and other miscellaneous instruments
Children (Detention Centres) Amendment (Savings and Transitional)
Regulation 2018
(2018-212) — published LW 25 May 2018.
Crimes (Administration of Sentences) Amendment (Re-integration Home
Detention) Regulation 2018
(2018-213) — published LW 25 May 2018.
Fines Amendment (Vehicle Offences) Regulation 2018
(2018-215) — published LW 25 May 2018.
Liquor Amendment (Special Licence Conditions) Regulation
2018
(2018-217) — published LW 25 May 2018.
Local Court (Amendment No 9) Rule 2018
(2018-203) — published LW 18 May 2018.
The object of this rule is to amend the Local Court Rules 2009, as a consequence of the Justice Legislation Amendment (Committals and Guilty Pleas) Act 2017 and Criminal Procedure Amendment (Committals and Guilty Pleas) Regulation 2018.
Bills introduced Government – 18 May 2018
Road Transport and Other Legislation Amendment (Digital Driver Licences and Photo Cards) Bill 2018
Non-Government – 18 May 2018
Public Health Amendment (Safe Access to Reproductive Health Clinics) Bill 2018
Bills passed by both Houses of Parliament – 18 May 2018
National Redress Scheme for Institutional Child Sexual Abuse (Commonwealth Powers) Bill 2018
Bills introduced Government – 25 May 2018
Companion Animals and Other Legislation Amendment Bill 2018
Justice Legislation Amendment Bill (No 2) 2018
Miscellaneous Acts Amendment (Marriages) Bill 2018
Statute Law (Miscellaneous Provisions) Bill 2018
Non-Government – 25 May 2018
Anti-Discrimination Amendment (Religious Freedoms) Bill 2018
Public Accountability Legislation Amendment (Sydney Motorway Corporation) Bill 2018
Bills revised following amendment in Committee
Bills passed by both Houses of Parliament – 25 May 2018
Road Transport and Other Legislation Amendment (Digital Driver Licences and Photo Cards) Bill 2018
Bills assented to
National Redress Scheme for Institutional Child Sexual Abuse (Commonwealth Powers) Act 2018 No 17 — Assented to 23 May 2018.
Proclamations commencing Acts
Parole Legislation Amendment Act 2017 No 57 (2018-211) — published LW 25 May 2018.
For the full text of Bills, and details on the passage of Bills, see Bills.
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.