In the media
OAIC confronts PS pandemic privacy
The OAIC has revealed that Government Agencies and other
organisations are struggling with their obligations under the
Privacy Act 1988 while combating the spread of COVID-19 (07 May
2020).
More...
The OAIC's full statement, with links, can be accessed at this PS News link.
COVID-19: The duty to document does not cease in a
crisis, it becomes more essential
Australian and New Zealand Information Access
Commissioners join with their international counterparts in their
clear call for documentation, preservation and access to
information during COVID-19 (06 May 2020).
More...
COVID-19: $9m stimulus a win for justice and jobs in
regional NSW
A fast-tracked program of courts and corrections facility
upgrades is about to pump $9 million through regional economies hit
hard by COVID-19 restrictions (06 May 2020).
More...
New privacy survey highlights the need to improve
awareness of privacy rights in NSW
The NSW Privacy Commissioner, Samantha Gavel published
today the results of the latest two-yearly survey of NSW community
attitudes towards privacy (06 May 2020).
More...
Civil society groups call on NSW Parliament to
resume
Six civil society groups are today calling on the NSW
State Parliament to immediately reconvene regular sittings, in a
way that is safe, so it can debate and address important matters of
public concern (05 May 2020).
More...
Practice and courts
COVID-19: The duty to document does not cease in a
crisis, it becomes more essential
The following
statement has been released by International Conference of
Information Commissioners and aligned organisations to recognise
and promote sound information management practices as part of
Information Awareness Month (06 May 2020).
Federal Circuit Court of Australia remodelled website
homepage
The Federal Circuit Court of Australia launched a
remodelled website homepage on 30 April 2020. The content of
the website has not changed, but court users and practitioners will
notice a new layout, including direct links to the Court's
three main areas of filing: family law, migration law and general
federal law.
Courts Practice Directions
Joint Practice Direction 3 of 2020 - The COVID-19
List
Federal Circuit Court of Australia, 3 of 2020
This Joint Practice Direction establishes a fast-tracked, national
list in each Court ("the COVID-19 List")
to allow the Courts to swiftly deal with urgent COVID-19
applications on a national basis
Joint Practice Direction 3 of 2020 - The COVID-19
List
Family Court of Australia, 3 of 2020
Australia update
The Family Court of Australia and the Federal Circuit
Court of Australia
have announced they are establishing a court list dedicated to
deal exclusively with urgent parenting-related disputes that have
arisen due to the COVID-19 pandemic. The list will commence on 29
April 2020.
Alternative Dispute Resolution
The Courts have issued an electronic Alternative Dispute
Resolution. This guide is for ADR events conducted in the Family
Court of Australia and the Federal Circuit Court of Australia (28
April 2020).
More...
COVID-19: Information for attending Court
The New South Wales Bar Association's
consolidated guide to COVID-19-related court arrangements has
today again been updated in terms of recent developments (07 May
2020)
Electronic Transactions Amendment Regulation 2020
The new Electronic Transactions Amendment (COVID-19
Witnessing of Documents) Regulation 2020 is now in effect and
allows for the witnessing of legal documents to be conducted
electronically during the COVID-19 pandemic (04 May 2020).
More...
NSW IPC
NSW Privacy Commissioner Statement on use of Commonwealth mobile
tracing app data for managing the COVID-19 pandemic (27 April
2020)
Consultations
The NSW Department of Communities and Justice is
conducting a review of the Crimes (Serious Crime Prevention
Orders) Act 2016 to determine whether the policy
objectives remain.
More...
Published – articles, papers, reports
Australian Bureau of Statistics
06/05/2020
Public Consultation - How do you use Census data, 2020
Tell us about how your use of Census data has resulted in better
outcomes for individuals, families and communities here.
01/05/2020
Household Impacts of COVID-19 Survey, 14-17 Apr 2020
Cases
Nicholson v Office of Local Government
[2020] NSWCATAD 126
ADMINISTRATIVE LAW – procedure – time
limits – appeal lodged out of time – no application for
extension of time - principles to be applied – whether
reasonable excuse for the delay in making the application.
Medlyn v Commissioner of Police
[2020] NSWCATAD 125
ADMINISTRATIVE REVIEW – access to government
information – access application – whether the
discretion to refuse to deal with application under s 60(1)(d) of
the Government (Public Access) Act 2009 should be exercised –
whether public interest considerations against disclosure, on
balance, outweigh the public interest considerations in favour of
disclosure
Aboukalam v Commissioner for Fair Trading
[2020] NSWCATOD 46
ADMINISTRATIVE REVIEW – occupational licensing
– renewal of contractor licence refused - interim order
– power to grant temporary licence – whether temporary
licence should be granted
McCrystal v Commissioner of Police
[2020] NSWCATAD 122
ADMINISTRATIVE LAW – Freedom of Information -
Government Information (Public Access) Act -– GIPA –
weight of evidence – public interest considerations against
disclosure – balance of personal factors of applicant in
favour of release
Lipscombe v Blue Mountains City Council
[2020] NSWCATAD 121
ADMINISTRATIVE LAW – Government Information
(Public Access) Act -– legal professional privilege –
whether privilege waived
DYD v Commissioner of Police
[2020] NSWCATAD 119
GOVERNMENT INFORMATION (PUBLIC ACCESS) – audit
of an IT system (COPS) and whether making of a new record -
children's privacy - considering personal factors of Applicant
- balancing of public interest considerations for and against
disclosure - persuasiveness of prior Tribunal decisions
DTN v Commissioner of Police
[2020] NSWCATAP 73
ADMINISTRATIVE REVIEW – privacy – health
information – damages for contravention of Health Privacy
Principle – causation – review of discretionary
judgment – parameters of "ancillary orders" under s
55(2)(g) of the Privacy and Personal Information Protection Act
1998 (NSW)
APPEAL – practice and procedure – error of law –
review of discretionary orders
WORDS AND PHRASES — meaning of words "ancillary
orders" under s 55(2)(g) of the Privacy and Personal
Information Protection Act 1998 (NSW)
Barrett v Commissioner for Fair Trading
[2020] NSWCATOD 45
ADMINISTRATIVE LAW- refusal to renew contractor
licence under Home Building Act 1989 (NSW) – whether
applicant is fit and proper person to hold contractor licence
James v State of NSW (Department of
Justice (Corrective Services NSW)) [2020]
NSWCATAD 117
HUMAN RIGHTS — discrimination — whether
power to amend complaint under s 103 of Anti-Discrimination Act
1977 (NSW) should be exercised
Johnson Property Group Pty Limited v Lake Macquarie
City Council (No 2) [2020] NSWLEC
42
PROCEDURE – separate determination of question
– question of law – right to appeal against rejection
of development application – no right to appeal –
appeal dismissed STATUTORY INTERPRETATION – ss 8.2, 8.6, 8.7
Environmental Planning and Assessment Act 1979 – whether
"decision" and "determination" of consent
authority are distinct terms – decision is distinct from
determination – rejection of development application is a
decision – approval and refusal are determinations –
decision to reject is not a decision subject to ppeal that the
Division so provides – s 8.7 right to appeal limited to
determinations
Storey v Legal Aid New South Wales
[2020] NSWCATAD 113
ADMINISTRATIVE LAW – government information
– overriding public interest against disclosure – legal
professional privilege
Little v Department of Communities and
Justice [2020] NSWCATAD 112
ADMINISTRATIVE LAW – government information
– access application – reasonable searches –
conclusive presumption – personal information – whether
public interest considerations against disclosure outweigh public
interest considerations in favour of disclosure
Legislation
NSW
Regulations and other miscellaneous instruments
Public
Holidays Amendment (COVID-19 Revocations) Order 2020 (2020-187)
— published LW 30 April 2020
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.