In the media
National Redress Scheme
The National Redress Scheme started on 1 July 2018 and
will run for 10 years. The NSW Government has joined the Scheme.
This means people who were abused in the care of NSW Government
institutions can apply to the Scheme for redress (18 July 2018).
More...
Power to the people to make communities safer in
NSW
Applications are now open for funding of up to $250,000
for local crime-fighting projects that tackle crime hot spots,
address anti-social behaviour, promote safe use of public space and
encourage people to work together to reduce crime (17 July 2018).
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Tools enable agencies to build trust: commissioner
Open Government provides the antidote to the crisis of
trust in government that threatens our ability to serve citizens
effectively and efficiently (17 July 2018).
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Criminal law system is failing victims of sexual
assault: ALA says issue is more than 'consent'
The Australian Lawyers Alliance has called on the NSW Law
Reform Commission to consider the use of restorative justice
processes in its review of NSW sexual assault laws (16 July 2018).
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NSW not considering tougher laws for child abuse
concealers
There are no plans to increase the penalty for concealing
child sexual abuse offences in New South Wales, despite the outcry
over the sentence given to Archbishop Philip Wilson, the Government
says (10 July 2018).
More...
More than $2.5 million to help locals fight crime in
NSW
Another round of the $10 million Community Safety Fund is
now open, giving local businesses and organisations an opportunity
to put forward their crime-fighting ideas to help make their
communities a safer place to live (09 July 2018).
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In practice and courts
New South Wales
Review of the Crime Commission Act
2012
The Crime Commission Act 2012 is being reviewed
to determine if the whether the policy objectives of the Act remain
valid and whether the terms of the Act remain appropriate for
securing those objectives. Submissions close 20 August 2018.
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Strengthening child sexual abuse laws in NSW
The NSW Government has prepared a discussion paper that
identifies issues and poses questions about possible options for
child sexual abuse law reform. The paper considers the
recommendations made by the Royal Commission and the
recommendations of the NSW Parliament's Joint Select Committee
on Sentencing of Child Sexual Assault Offenders.
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IPC Bulletin
The aim of the IPC Bulletin is to provide support and
advice to public sector agencies, practitioners, interested parties
from the private, government and university sectors.
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ICAC briefs with the DPP and prosecution outcomes
Tables summarising information about briefs that are with
the DPP, and prosecution outcomes. Last updated 18 July 2018.
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ICAC: Operation Skyline public inquiry adjourned
The Operation Skyline public inquiry has adjourned. It
will next sit for two weeks from Monday, 6 August 2018.
More...
ICAC: Operation Dasha witness list - week beginning 23
July 2018
Witness list for the Operation Dasha public inquiry into
allegations concerning the former Canterbury City Council, week
beginning Monday 23 July 2018. Please note that this list is
subject to change.
More...
Register now for the 12th National Investigations
Symposium
Early bird registration is now open for the 12th National
Investigations Symposium, to be held in Sydney November 2018.
More...
COAT NSW Annual Conference
The 2018 Council of Australasian Tribunals
(COAT)
NSW Annual Conference will be held at the Pullman Sydney Hyde
Park on 7 September 2018. To view the full conference program and
to register, please visit the official Conference website.
Published - articles, papers, reports
The Implementation and Performance of the Cashless Debit
Card Trial
ANAO: 17 July 2018
The objective of the audit was to assess the Department of
Social Services' implementation and evaluation of the Cashless
Debit Card trial.
More...
What are the taxpayer savings from cancelling the visas
of organised crime offenders?
Anthony Morgan, Rick Brown, Georgina Fuller;
Australian Institute of Criminology: 18 July 2018
The focus of this study is the direct cost of offences
committed by organised crime offenders, and the cost of prison
sentences associated with these offences. More...
Australian Broadcasting Corporation Amendment (Fair and
Balanced) Bill 2017
Don Arthur; Parliamentary Library (Australia: 11 July
2018
This Bill would amend the Act to insert the words 'fair'
and 'balanced' into paragraph 8(1)(c). The amended Act
would require the Board 'to ensure that the gathering and
presentation by the Corporation of news and information is fair,
balanced, accurate and impartial according to the recognized
standards of objective journalism.' More...
OAIC Net 06 July 2018
Australian Government Agencies Privacy Code commences;
Variation to the Privacy (Credit Reporting) Code 2014 commences;
Consultation on Public Interest Determination - Australian Honours
System; Consultation on Australia's Open Government National
Action Plan 2018-2020; Consultation on New Australian Government
Data Sharing and Release Legislation.
More...
ANAO Corporate Plan 2018-19
The ANAO Corporate Plan 2018-19 is the ANAO's key
strategic planning document. It guides our operating environment
and sets out how we will deliver on our purpose (05 July 2018).
More...
Cases
Turnbull v Strange [2018] NSWCA
157
CIVIL PROCEDURE - subpoenas - application to set aside -
whether subpoena requiring public sector agency to disclose
personal information should be set aside - Privacy and Personal
Information Protection Act 1998 (NSW), ss.18, 23(6) HUMAN
RIGHTS - legislation - Privacy and Personal Information
Protection Act 1998 (NSW) - meaning of "personal
information" - whether recorded conversations
"information... about an individual" HUMAN RIGHTS -
legislation - Privacy and Personal Information Protection Act
1998 (NSW) - whether subpoena should be set aside on basis
that it required disclosure of personal information by public
sector agency WORDS AND PHRASES - "information or an
opinion... about an individual" - Privacy and Personal
Information Protection Act 1998 (NSW), s.4.
Director of Public Prosecutions (NSW) v
Kmetyk [2018] NSWCA 156
COURTS - orders - reconciliation of differences between
forms of orders entered on JusticeLink and pronounced in court and
recorded in document placed on file signed by judge JUDICIAL REVIEW
- jurisdictional error by District Court - appeal against sentence
imposed by Local Court - whether District Court decision quashing
conviction, re-convicting and imposing new sentence vitiated by
jurisdictional error TRAFFIC LAW - statutory disqualification upon
conviction for driving while disqualified.
Champion Homes Sales Pty Ltd v Commissioner for Fair
Trading [2018] NSWCATOD 114
ADMINISTRATIVE REVIEW - Home Building - Disciplinary
action - Where respondent imposed fine on applicant in respect of
breaches of statutory warranty to exercise due care and skill -
Whether different standards of liability should apply in
proceedings for breach of warranty and in disciplinary
proceedings.
Larsson v Commissioner of Police, NSW Police
Force [2018] NSWCATAD
149
ADMINISTRATIVE LAW - refusal of permit to possess or use
a prohibited weapon (silencer) - genuine reason -
recreational/sporting activity - applicant must demonstrate that
the activity requires the possession or use of the weapon - whether
use of a silencer is required for the activity on the basis of
hearing loss or other grounds - whether there is a duty to apply
the Work Health and Safety Act 2011 when determining an
application for a permit.
George Thomas Hotels (Campsie) Pty Ltd & Anor v
Station House Campsie Pty Ltd & Ors
[2018] NSWSC 916
ADMINISTRATIVE LAW - Judicial review - Application for
judicial review of decision of Liquor and Gaming Authority to
increase gaming machine threshold in hotel premises - Whether hotel
premises were situated in the immediate vicinity of a school -
Where Authority determined that the hotel premises were not so
situated - Where Authority took into account the neighbourhood as a
whole - Whether the Authority erred in doing so - Whether the
Authority asked itself the wrong question(s) - Whether the reasons
of the Authority were inadequate - Whether the decision of the
Authority was unreasonable - No error established - Proceedings
dismissed.
WORDS AND PHRASES - "Immediate vicinity".
McKane v Commissioner of Corrective Services of New
South Wales (No. 3) [2018] NSWSC
1060
ADMINISTRATIVE LAW - judicial review - reviewable
decisions and conduct - applicant in custody - applicant intends to
bring proceedings in High Court where filed documents must be typed
- decision affecting conditions of applicant's incarceration
-refused access to laptop with write and edit functionality in cell
- decision not so unreasonable that no repository of the power
could have made it - application dismissed.
JURISDICTION - Supreme Court - scope of supervisory jurisdiction -
decision did not deny applicant access to the High Court -
Supreme Court Act 1970 (NSW) ss.23 and 69 - scope of judicial
review jurisdiction.
CRIME - administration of prisons - New South Wales - ordinary
managerial powers exercised by prison authorities are reviewable
only for bad faith, improper purpose or legal unreasonableness.
Kang v Bishop (No 2) [2018] NSWSC
1073
ADMINISTRATIVE LAW - judicial review - appeal from Local
Court- application to quash orders made by Magistrate -
jurisdiction of Local Court - whether prosecution in Local Court
authorised - whether delegate authorised under Fair Trading Act
1987 (NSW) required to bring prosecution under s.192E and
s.192G of the Crimes Act 1900 (NSW) - proper construction
of s.14 and s.173 of the Criminal Procedure Act1986 (NSW)
- consideration of the interaction between Criminal Procedure Act,
Crimes Act and Fair Trading Act - application dismissed COSTS
-departure from usual costs order sought - no basis - costs as
agreed or assessed.
Kitoko v University of Technology Sydney
[2018] NSWSC 1007
ADMINISTRATIVE LAW - judicial review- whether UTS
breached their Student Rules - whether denial of procedural
fairness.
PRACTICE AND PROCEDURE - summary dismissal- whether issue estoppel
- whether factual basis of plaintiff's claims in these
proceedings have already been determined adversely to the plaintiff
in Federal Court proceedings- whether amendment to the summons can
overcome the plaintiff's arguments that are subject to issue
estoppel- whether plaintiff has an arguable case concerning
breaches of the UTS Student Rules.
Legislation - New South Wales
Regulations and other miscellaneous instruments
Commons Management Regulation 2018 (2018-378) - published LW 13 July 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.