In the media
Legal barriers dismantled for child sex survivors in New
South Wales
New civil litigation laws have been introduced into
Parliament paving the way for thousands of survivors to sue
institutions responsible for child abuse. Limitation periods have
already been removed for claims relating to death or personal
injury because of child abuse, including against a perpetrator or
negligent institution (26 September 2018).
More...
You have a right to know
The Department of Justice has joined with the Information
and Privacy Commission of NSW as an official champion during
'Right to Know Week'. All NSW citizens have a legally
enforceable right to access most information held by NSW government
and agencies. The right to access government-held information is
protected by the Government Information (Public Access) Act
2009 (25 September 2018).
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Historic criminal justice reforms delivered
The final piece of the NSW Government's 'tough and
smart' Criminal Justice Reform Package has come into force,
with new sentencing laws to improve community safety by driving
down reoffending (23 September 2018).
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ICAC finds former NGO principal officer corrupt
The ICAC has found that that Eman Sharobeem, the former
principal officer of two non-government organisations
(NGOs) established to assist immigrant women's
health and non-English speaking women's housing needs, engaged
in serious corrupt conduct by misapplying up to $773,000 in public
funds to benefit herself and members of her family (19 September
2018).
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In practice and courts
High Court of Australia
High Court of Australia Bulletin [2018] HCAB 07 (24 September
2018).
Review of national arrangements for the protection and
management of identity information
The Review will consider ways to enhance or strengthen
arrangements for the protection, use and management of identity
information in Australia. Public submissions will be received until
26 October. The review is to report by the end of November.
More...
Law Council of Australia Submissions
24 September 2018— Law Council
My Health Records Amendment (Strengthening Privacy) Bill
2018
27 September 2018—Law Council
Fair Work Amendment (Family and Domestic Violence Leave) Bill
2018
Recommended national standards for working with
interpreters
The Judicial Council on Cultural Diversity has released
Recommended National Standards for Working with Interpreters in
Courts and Tribunals. The standards have been developed over a
number of years and are an important advocacy tool for representing
people from culturally or linguistically diverse backgrounds.
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Attorney-General Reviews
In 2018, separate and concurrent reviews will be
undertaken of the
National Partnership Agreement on Legal Assistance Services
2015-2020 (NPA) and the
Indigenous Legal Assistance Program (ILAP).
The reviews will assess the effectiveness, efficiency and
appropriateness of the NPA and the ILAP as mechanisms for achieving
their respective objectives and outcomes within available
resources, and identify best practice and opportunities for
improvement. Submissions for the reviews close on 5 October 2018.
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ICAC: Operation Skyline public inquiry adjourned to 19
November 2018
The Operation Skyline public inquiry into allegations
concerning the Awabakal Local Aboriginal Land Council is adjournded
until Monday 19 November 2018 (21 September 2018).
More...
ICAC: Prosecution briefs with the DPP and outcomes
Tables summarising information about briefs that are with
the DPP, and prosecution outcomes. Last updated 28 September 2018.
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ICAC: Operation Dasha public inquiry
The Operation Dasha public inquiry into allegations
concerning the former Canterbury City Council will next sit for two
weeks from 8 October 2018.
More...
JUDCOM Sentencing Bench Book: Update 42, September
2018
Available sentencing options have significantly changed
following the commencement of the Crimes (Sentencing Procedure)
Amendment (Sentencing Options) Act 2017 on 24 September 2018.
As a result, there has been a major revision of the sections of the
Sentencing Bench Book dealing with community-based sentencing
options.
More...
New Sentencing legislation commences 24 September
2018
On 24 September, the Crimes (Sentencing Procedure)
Amendment (Sentencing Options) Act 2017 commences. Material
about the reforms can also be found on the Public Defenders website.
NSW Justice: Task Force – Terms of Reference
The Task Force is established with the objective of
assessing the circumstances and CSNSW's subsequent
investigation and management of a number of inappropriate
relationships between CSNSW staff and offenders.
More...
Strengthening child sexual abuse laws in New South
Wales
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...
Published – articles, papers, reports
Who reports
domestic violence to police? A review of the evidence
Australian Institute of Criminology: 25 September
2018
This analysis found that victims who are female, non-white,
experiencing frequent violence and who have been abused in the past
are more likely to report.
Australia's
second Open Government national action plan
2018-20
Department of the Prime Minister and Cabinet (Australia):
21 September 2018
This document, the second such plan devised for the nation,
outlines the Australian government's aspirations for enhancing
access to information, civic participation and public
accountability in the digital age.
Trusted Digital
Identity Framework
Digital Transformation Agency (Australia): 21 September
2018
The Trusted Digital Identity Framework (TDIF) is a
set of rules and standards that accredited members of the digital
identity federation must follow. It is an attempt to ensure that
Australians have a safe, secure, consistent and reliable way to use
government services online.
Cases
Speer v NSW State Emergency Service
[2018] NSWCATAD 226
ADMINISTRATIVE REVIEW - Administrative Law –
Government Information – overriding public interest against
disclosure - personal information - information provided to the
agency during an investigation - prejudice supply of information -
prejudice exercise of agency's functions – reasonableness
of searches.
Privacy and Personal Information Protection Act 1998.
CJU v Northern Sydney Local Health
District [2018] NSWCATAD 223
The respondent's decision to refuse to deal with the
access application is affirmed.
GOVERNMENT INFORMATION PUBLIC ACCESS - Refusal to deal with access
application - substantial and unreasonable diversion of resources -
application for order to restrain further access applications
without leave.
Government Information Public Access Act 2009; Privacy
and Personal Information Protection Act 1998.
Balnaves Foundation Pty Ltd v Minister for
Planning [2018] NSWLEC
152
JUDICIAL REVIEW - Whether an extension of time within
which to commence judicial review proceedings was required –
applicant seeking to set aside condition of consent –
extension of time to commence proceedings required –
applicant was two years out of time – reason for delay was
due to the applicant misguidedly seeking to resolve dispute by a
Class 1 appeal – no evidence of intentional delay of use of
Class 1 proceedings to circumvent time limit within which to
commence judicial review proceedings – no prejudice to
parties – application not opposed – public interest
demonstrated – fairly arguable case – finely balanced
but time extended – applicant to pay respondents'
costs.
Smith v Independent Liquor and Gaming
Authority [2018] NSWCATAD
224
ADMINISTRATIVE LAW – Where respondent refused
application for packaged liquor licence – assessment of
overall social impact of granting the licence – whether that
impact will not be will not be detrimental to the well-being of the
local or broader community – role of Tribunal - nature of
evidence.
Webb v Port Stephens Council
[2018] NSWCATAP 224
APPEAL – ADMINISTRATIVE LAW – Access to
information about consultations by Council about objections to
development applications – public interest considerations
against disclosure – reasons in McEwan decision apply to
important factor relied upon against disclosure – other
decisions that Council did not hold information sought – no
justification for leave to appeal such decisions.
Help Save Mt Gilead Inc v Mount Gilead Pty Ltd (No
4) [2018] NSWLEC
149
JUDICIAL REVIEW - requests for statements of reasons -
document provided by Council not a statement of reasons - document
provided by Department not a statement of reasons of the
Minister's Delegate - documents rejected.
JUDICIAL REVIEW - allegation of defective air quality report as
part of public consultation process - ground seeks impermissible
factual review of report's conclusion - report's conclusion
not manifestly unreasonable - Ground 2 rejected.
JUDICIAL REVIEW - failure of Council to consider report lodged
concerning desirable curtilage of items listed as local heritage
items in LEP - holding out that report would be considered -
circumstances of holding out limited - circumstances not satisfied
- unnecessary to consider if power to waive requirement for timings
of lodgement of submissions - community consultation process did
not fail as a consequence of non-consideration of report - Ground 3
rejected.
COSTS - multiple respondents - potential for public interest
challenge argument available to Applicant - costs reserved.
Place v Department of Finance, Services and Innovation
(No 2) [2018] NSWCATAD 220
ADMINISTRATIVE LAW – Government information –
response to a complaint – prejudice to legitimate business
interests – prejudice supply of confidential information
– prejudice effective exercise of agency's functions
– prejudice the detection or investigation of a possible
contravention of the law – personal factors –
motive.
Legislation
Proclamations commencing Acts
Crimes (Sentencing Procedure) Amendment (Sentencing Options) Act
2017 No 53 (2018-534) — published LW 21 September
2018
Statute Law (Miscellaneous Provisions) Act 2018 No 25
(2018-535) — published LW 21 September 2018
Regulations and other miscellaneous instruments
Civil
Liability (Non-economic Loss) Amendment Order 2018 (2018-557)
— published LW 28 September 2018
National
Redress Scheme for Institutional Child Sexual Abuse (Commonwealth
Powers) Regulation 2018 (2018-559) — published LW 28
September 2018
Crimes
(Administration of Sentences) Amendment (Community-based Orders and
Other Matters) Regulation 2018 (2018-536) — published LW
21 September 2018
Crimes
(Sentencing Procedure) Amendment (Community-based Orders and Other
Matters) Regulation 2018 (2018-537) — published LW 21
September 2018
Criminal
Appeal (Amendment No 1) Rule 2018 (2018-538) — published
LW 21 September 2018
The amendment enables the court to extend the period of time within
which a notice of appeal, or a notice of application for leave to
appeal, may be filed.
Bills introduced Government - 21 September
Community Gaming Bill 2018
Criminal Legislation Amendment (Consorting and Restricted Premises)
Bill 2018
Non-Government – 21 September
Crimes (Appeal and Review) Amendment (Double Jeopardy) Bill
2018
Bills passed by both Houses of Parliament – 21
September
Criminal Procedure Amendment (Pre-trial Disclosure) Bill
2018
Bills introduced Government – 28 September
Civil Liability Amendment (Organisational Child Abuse Liability)
Bill 2018
Non-Government – 28 September
Workers Compensation (Firefighters' Presumptive Rights to
Compensation) Bill 2018
Bills passed by both Houses of Parliament – 28
September
Criminal Legislation Amendment (Consorting and Restricted Premises)
Bill 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.