In the media
Tougher conditions for paroled sex offenders
All serious sex offenders on parole are now subject to
24/7 GPS tracking and enhanced supervision, thanks to a $21.8
million investment by the NSW Government. The tough new approach in
supervising these offenders also includes mandatory reporting of
all parole breaches – except administrative breaches –
to the SPA (05 June 2019).
More...
Commission to develop practical resources on protecting
freedom of religion in the workplace Rights and Freedoms
The Australian Human Rights Commission will develop
resources to help employers and employees navigate issues on
protecting freedom of thought, conscience and religion in the
workplace (04 June 2019).
More...
ICAC finds former prison general manager and officers
corrupt
The NSW Independent Commission Against Corruption
(ICAC) has found that the former general
manager/governor of Lithgow Correctional Centre
(LCC) and five Corrective Services NSW
(CSNSW) officers engaged in serious corrupt
conduct in relation to the use of excessive force on an inmate and
the associated cover-up of the incident (03 June 2019).
More...
Have your say on the NSW Civil and Administrative
Tribunal
The Department of Justice is conducting a review of the
Civil and Administrative Tribunal Act 2013, which established the
NSW Civil and Administrative Tribunal (NCAT), to
find out how well it is working, and to look at reforms that could
strengthen access to justice for people in NSW (31 May 2019).
More...
Kings Cross businesses plead for relaxation of lockout
laws
The business community in Sydney's Kings Cross is
pleading for a relaxation of the controversial lockout laws and the
scrapping of an ID scanning system which it says are destroying
their livelihood and their area (31 May 2019).
More...
NSW Information Commissioner issues information Access
Guideline 7: Open Data
The NSW Information Commissioner, Information and Privacy
Commission (IPC) CEO and Open Data Advocate, Ms
Elizabeth Tydd, today issued the Information Access Guideline 7:
Open Data. The guideline is issued by the Information Commissioner
under section 12(3) of the GIPA Act (30 May 2019).
More...
First female Senior Public Defender for NSW
Attorney General Mark Speakman today announced the
appointment of Belinda Rigg SC as Senior Public Defender for NSW,
the first woman to be appointed as NSW's Senior Public Defender
(29 May 2019).
More...
Law changed to protect prison officers
The NSW Liberals & Nationals Government will today
move to close a legal loophole and enhance prison officers'
safety by giving them greater certainty when managing inmates, with
the amendments to the Crimes (Administration of Sentences) Act
1999 (28 May 2019).
More...
Fight against corruption requires spotlight on lobbying
by vested interests
To strengthen democracy and trust in politics, the NSW
public must know who is influencing political decisions, the Human
Rights Law Centre stated in a submission to the NSW Independent
Commission Against Corruption (27 June 2019).
More...
Auditor slaps down NSW agencies over probity
policy
An audit has identified short fallings when it comes to
the use of procurement probity safeguards. Three key NSW agencies
have been slapped down by the state's auditor-general for
failing to comply with procurement probity policies and ensure they
are getting value for money (27 May 2019).
More...
In practice and courts
High Court of Australia
High Court of Australia Bulletin [2019] HCAB 4 (30 May
2019)
Decisions of interest
June 03 2019 Practice support
The NSW Court of Appeal has just published its latest Decisions of
Interest Bulletin on the Court of Appeal
website.
More...
NSW Information Commissioner issues Information Access
Guideline 7: Open Data
This guideline provides information and assistance to
public sector agencies and citizens regarding open data including
the definition of open data, and opening data or release of
government data using the access to information pathways under the
GIPA Act. The Information Access Guideline 7: Open Data is
now available on the IPC website (30 May
2019).
Review of the Civil and
Administrative Tribunal Act 2013
The Department of Justice is conducting a review of the Civil
and Administrative Tribunal Act 2013 (NSW) to determine
whether the policy objectives of the Act remain valid and whether
the terms of the Act remain appropriate for securing those
objectives. Submissions to the review close on 10 July 2019.
More...
NCAT Legal Bulletin
The NCAT Legal Bulletin provides case summaries of
relevant and interesting case law of significance to the work of
NCAT.
More...
Published – articles, papers, reports
Skewed priorities: comparing the growth of prison
spending with police spending
Andrew Bushnell; Institute of Public Affairs: 07 June
2019
Australia has seen rapid, unsustainable growth in its incarceration
rate. Over the past ten years, the proportion of Australian
residents who are incarcerated has risen by 30 percent. The purpose
of this paper is to show what this increase means in real terms. More...
Quantifying the legal and broader life impacts of
domestic and family violence
Christine Coumarelos; Law and Justice Foundation of New
South Wales: 03 June 2019
Women experiencing domestic and family violence are ten times as
vulnerable to legal problems as the rest of the population,
according to this research. More...
NSW Recorded Crime Statistics quarterly update March
2019
Boscar: 06 June 2019
Constitutional 'borrowing' and freedom of
expression: can Australia learn from the US First Amendment?
Roberts, J; (2019) 44(1) Alternative Law Journal
56-62
Conparative law - USA – Australia.
More...
The principle of legality: protecting statutory rights
from statutory infringement?
Chen, B; (2019) 41(1) Sydney Law Review 73-104
R v Thoburn - R (Simms) v Secretary of State for the Home
Department - Australian Constitution, s51 - Charter of Human Rights
and Responsibilities Act 2006 (Cth) - UK – Australia. More...
Cases
Elzahed v Kaban [2019] NSWSC
670
ADMINISTRATIVE LAW – judicial review –
whether Solicitor-General validly authorised proceedings against
plaintiff – whether mandatory considerations should be
implied – no error in Solicitor-General's decision.
CRIME – appeals – appeal against conviction –
where plaintiff convicted of an omission – whether plaintiff
under a legal duty to perform the omitted act – whether
statute creates the legal duty to perform the omitted act.
CRIME – appeals – appeal against conviction –
whether magistrate erred as to the elements of the offence.
CRIME – appeals – appeal against conviction –
whether magistrate erred in finding that plaintiff intended to
communicate disrespect – whether magistrate's expression
of a view on an irrelevant matter constitutes error of law.
CRIME – appeals – appeal against conviction –
whether magistrate erred in finding that plaintiff's behaviour
was disrespectful to the judge – whether magistrate's
expression of a view on an irrelevant matter constitutes error of
law.
CRIME – appeals – appeal against conviction –
whether magistrate erred in finding that there was no evidence that
plaintiff held a relevant religious belief – whether
magistrate's finding is relevant to whether plaintiff's
conviction is unsafe.
CRIME – appeals – appeal against conviction –
whether magistrate erred in holding that plaintiff's failure to
stand was disrespectful to the court – whether magistrate
erred with respect to meaning of "disrespectful".
CRIME – appeals – appeal against conviction –
whether magistrate erred in finding that plaintiff knew of the
relevant court practice and convention – whether
magistrate's expression of a view on an irrelevant matter
constitutes error of law.
CRIME – appeals – appeal against conviction –
whether magistrate erred in finding that plaintiff's failure to
stand communicated disrespect – whether magistrate's
expression of a view on an irrelevant matter constitutes error of
law.
CONSTITUTIONAL LAW – implied freedom of political
communication – whether s 200A of the District Court
Act infringes the implied freedom of political communication
– where plaintiff not engaged in political communication
– whether it would be appropriate to determine whether the
impugned provision infringes the implied freedom of political
communication.
CONSTITUTIONAL LAW – Chapter III of the Constitution –
whether s 200A of the District Court Act is invalid
because it is a state law that affects the exercise of federal
jurisdiction.
CONSTITUTIONAL LAW – Chapter III of the Constitution –
whether Chapter III contains the implication that a law may not
unduly burden a person's participation in the exercise of
Commonwealth judicial power – whether s 200A of the
District Court Act is inconsistent with alleged
implication.
CRIME – appeals – appeal against sentence – where
plaintiff sentenced to 75 hours of community service –
whether magistrate's expression of views on irrelevant matters
may have caused sentencing discretion to miscarry – whether
plaintiff denied procedural fairness as a result of magistrate
taking into account matters without alerting plaintiff to the
possibility that she may do so.
Samimi v Department of Fair Trading
[2019] NSWCATOD 86
ADMINISTRATIVE Law – administrative review
– home building - fit and proper person - whether conduct
constitutes failure to disclose – whether matters required
disclosure – meaning of fit and proper having regard to
legislative scheme – weight of evidence – unchallenged
evidence of conduct.
McLachlan v Commissioner of Police, NSW Police
Force [2019] NSWCATAD 109
ADMINISTRATIVE LAW – public access to government
information –Request for information concerning a complaint
alleging police misconduct – Personal information –
whether prejudice to the effective exercise of an agency's
functions – public interest in transparency and
accountability - balancing public interest considerations –
personal information.
DTM v NSW Trustee and Guardian
[2019] NSWCATAD 105
ADMINISTRATIVE REVIEW – dismissal application on
grounds that the applicant has failed to identify a decision of the
respondent that is an administratively reviewable decision.
McIntosh v Independent Liquor and Gaming
Authority [2019] NSWCATAD 101
ADMINISTRATIVE REVIEW – Liquor regulation
– Hotel licence – Three strike regime –
Imposition of first strike upon former licensee – Where
former licensee committed prescribed offence of permitting
intoxication on the licensed premises – Meaning of serious
harm - Whether patron vomiting constituted serious harm –
Whether respondent was entitled to consider potential harm, or to
speculate as to harm which might have occurred – Whether the
circumstance that the applicant was no longer the licensee at the
licensed premises was relevant to the decision to impose a first
strike.
Webb v Port Stephens Council
[2019] NSWCATAD 107
ADMINISTRATIVE LAW- freedom of information- government
information public access-advance deposit requirement-refusal to
progress application-open access information- ss6,18, 64,68 and 80
Government Information (Public Access) Act 2009 (NSW).
Amos v Department of Finance, Services &
Innovation [2019] NSWCATAD 96
ADMINISTRATIVE LAW – Government Information
– access application - building certifier's response to
complaint - confidential information - information provided in
confidence – prejudice effective exercise by an agency of the
agency's functions - personal information.
O'Brien v Wollongong City Council
[2019] NSWCATAD 90
ADMINISTRATIVE REVIEW – Government Information
(Public Access) – application for review by person aggrieved
by decision to refuse to release information – public
interest considerations.
Zidar v Office of the NSW Attorney
General [2019] NSWCATAD 97
ADMINISTRATIVE LAW – application to use a
recording device to record a case conference – decision to
list summary dismissal application for hearing.
Legislation
Gazetted
Annual Federal Courts and Tribunals Fee Increases from 1
July 2019
04/06/2019 - Pursuant to section 16 of the High Court of
Australia (Fees) Regulations 2012, from 1 July 2019 the fee
prescribed for each item of Schedule 1 to those Regulations will be
the amount listed here.
NSW
Bills introduced
Government – 07 June 2019
Local Government Amendment Bill 2019
Non-Government – 07 June 2019
Parliamentary Budget Officer Amendment Bill 2019
Government – 31 May 2019
Crimes (Administration of Sentences) Amendment (Inmate Behaviour)
Bill 2019
Amendments to the Crimes (Administration of Sentences) Act 1999
will allow inmates who misbehave or assault staff to have prison
privileges withdrawn without it affecting criminal or
offence-in-custody proceedings.
Non-Government – 31 May 2019
Liquor Legislation Amendment (Repeal of Lock-out Laws) Bill
2019
Public Finance and Audit Amendment (Northern Beaches Hospital) Bill
2019
Bills passed by both Houses of Parliament – 07
June 2019
Statute Law (Miscellaneous Provisions) Bill 2019
Proclamations commencing Acts
Justice
Legislation Amendment Act (No 3) 2018 No 87 (2019-211) —
published LW 31 May 2019
Regulations and other miscellaneous instruments
Legal
Profession Uniform Admission Amendment (Accreditation) Rule
2019 (2019-231) — published LW 7 June 2019
Victims
Rights and Support (Victims Support Levy) Amendment Notice 2019
(2019-232) — published LW 7 June 2019
Electoral
Funding (Adjustable Amounts) (Political Donation Caps) Notice
2019 (2019-213) — published LW 31 May 2019
Victorian legislation can be accessed here.
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.