In the media
Private health sector most vulnerable to data breaches
– report
Private health sector is the most vulnerable to data
breaches, followed by the finance, legal and accounting sectors
according to the quarterly notifiable data breaches report
published by the Office of the Australia Information Commissioner
(OAIC) (31 July 2018).
More...
Record investment in community justice in NSW
Free legal help for the state's most vulnerable people
has been secured after the NSW Liberals and Nationals Government
unveiled a $44 million 'future fund', the interest from
which will further strengthen the state's Community Legal
Centres (CLCs) (01 August 2018).
More...
NSW campaign to peeve identity thieves
A council in one of the state's identity-theft
hotspots is fighting back against fraudsters with a new video
campaign to protect residents all over NSW. Attorney General Mark
Speakman has today launched Strathfield Municipal Council's
Protect Your ID, Protect U video that blows the lid on common
identity theft scams and shows people how to avoid being targeted
(31 July 2018).
More...
NSW Custody Statistics: Quarterly update June 2018
The increase is attributable to a steady growth in both
prisoners on remand (i.e. unconvicted prisoners awaiting trial or
sentence) and sentenced prisoners. Commenting on the findings, the
Director of the NSW Bureau of Crime Statistics and Research
(BOCSAR) said that BOCSAR expected the NSW prison
population to continue increasing over the next year (30 July
2018).
More...
In practice and courts
OAIC: Notifiable Data Breaches second Quarterly report
released
The Office of the Australian Information Commissioner
(OAIC) has received 242 notifications under the
Notifiable Data Breaches (NDB) scheme in the
period 1 April to 30 June 2018, according to the
second quarterly statistical report on data breach notifications
received under the scheme released on 31 July 2018. This is the
first full quarter of operation of the NDB scheme since it
commenced on 22 February 2018. The private health sector is the top
sector for reporting data breaches under the Australian NDB scheme
with 49 notifications in the quarter.
More...
CDPP launches Commonwealth sentencing resources
Two new sentencing resources are now available on the CDPP
webpage. The National Legal
Direction – Duties and Role of the Prosecution in a
Sentencing Hearing and the Sentencing of Federal Offenders in
Australia – A Guide for Practitioners are now available under
News, Publications and Policies. It is planned that these resources
will be updated on a regular basis to ensure that they continue to
provide a useful and comprehensive guide to federal sentencing (27
July 2018).
Time to talk about a properly resourced "Family
Court of Australia 2.0"
The New South Wales Bar Association has today released a
discussion paper to encourage a national conversation about the
benefits of preserving a specialist "Family Court of Australia
2.0" as an alternative to the restructure proposed by the
Commonwealth Attorney-General on 30 May 2018.
More...
NSW Justice: Task Force – Terms of Reference
The Task Force is established with the objective of
assessing the circumstances and Corrective Services NSW's
(CSNSW) subsequent investigation and management of
a number of inappropriate relationships between CSNSW staff and
offenders. The Task Force will also look into any other allegations
of such inappropriate relationships that surface during the term of
the Task Force (29 July 2018).
More...
NSW Justice: 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.
More...
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. Submissions close
6 October 2018.
More...
JUDCOM Sentencing Bench Book 2018
Update 41, July 2018 - Unless otherwise stated, section
numbers refer to the Crimes (Sentencing Procedure) Act
1999.
Deferral for rehabilitation or other purpose References to forum
sentencing intervention programs have been deleted from Declaration
and regulation of intervention programs at [5-440] and Restrictions
on the power to make intervention program orders at [5-450]
following the commencement on 29 June 2018 of the Criminal
Procedure Amendment (Intervention Programs) Regulation 2018.
More...
ICAC: Operation Skyline public inquiry to resume Monday
6 August 2018
The Operation Skyline public inquiry into allegations
concerning the Awabakal Local Aboriginal Land Council resumed from
6 August 2018 and will last for approximately two weeks. Click
here for more information and the witness list for week 1.
Please note that witness lists are subject to change (03 August
2018).
ICAC: Operation Dasha public inquiry to continue from 6
August at LECC
The Operation Dasha public inquiry into allegations
concerning the former Canterbury City Council is continuing at the
Law Enforcement Conduct Commission hearing room. Click
here for more details and the witness list. Please note that
this list is subject to change (03 August 2018).
Prosecution briefs with the DPP and outcomes
Tables summarising information about briefs that are with
the DPP, and prosecution outcomes. Last updated 3 August 2018.
More...
Published – articles, papers, reports
NSW Custody Statistics: Quarterly update June 2018
BOSCAR: 30 July 2018
Overall the adult prison population continues to grow, increasing
by 4.1 per cent in the last 12 months. As of June this year, the
prison population stood at 13,630. The increase is attributable to
a steady growth in both prisoners on remand (i.e. unconvicted
prisoners awaiting trial or sentence) and sentenced prisoners.
More...
Preparing for copyright term changes in 2019
National and State Libraries Australasia: 25 July
2018
This discussion paper identifies the major library policies,
systems and staff activities that will be affected by changes to
the copyright duration provisions of the Copyright Act
1968 (Cth), due to come into effect on 1 January 2019. More...
Human rights and technology issues paper
Australian Human Rights Commission: 24 July 2018
The release of this issues paper marks the formal launch of
the Australian Human Rights Commission's major project on human
rights and technology. More...
Cases
DKC v NSW Trustee and Guardian
[2018] NSWCATAD 167
ADMINISTRATIVE LAW – review of decision of NSW
Trustee and Guardian to decline a claim for reimbursement of
expenses from protected person's estate – principles
followed by NSWTG to the reimbursement of expenditure from
protected person's estate –- sufficiency of supporting
evidence - whether decision is the correct and preferable
decision.
CGU Workers Compensation (NSW) Ltd v Department of
Planning and Environment [2018] NSWCATAD
169
ADMINISTRATIVE LAW – Government Information –
information provided in confidence – personal information
– whether disclosure could reasonably be expected to
prejudice the effective exercise by an agency of the agency's
functions – whether disclosure of the information could
reasonably be expected to prejudice any person's legitimate
business, commercial, professional or financial interests –
whether overriding public interest against disclosure.
Denyer v Commissioner of Police, NSW Police
Force [2018] NSWCATAD
160
ADMINISTRATIVE LAW – Government Information
(Public Access) Act - personal information – weight of
information already revealed – whether information known to
applicant can still be revealed – access to information about
an individual by the individual- whether in those circumstances
such information could still prejudice an agency's functions
– whether dormant information constitutes a record.
Zonnevylle v Department of Justice
[2018] NSWCATAD 158
ADMINISTRATIVE LAW – access to government
information – ability of agency to impose processing charge
and advance deposit – time for deciding request for reduction
in charge - advance deposit not paid within time – refusal to
further deal with access application.
Legislation
Regulations and other miscellaneous instruments
Guardianship
Amendment (Corresponding Laws) Regulation 2018 (2018-395)
— published LW 27 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.