In the media
NSW Privacy Commissioner Statement on use of
Commonwealth mobile tracing app data for managing the COVID-19
pandemic
The NSW Privacy Commissioner, in an updated statement
saying noteworthy elements of the app are that the information will
be used for a narrow purpose, which is for contact tracing by
health authorities where someone has been diagnosed with COVID-19
and the preclusion on the ability to use the data for a law
enforcement purpose (20 May 2020).
More...
NSW Privacy Commissioner reports on Service NSW Privacy
Breach
The Commissioner has advised by Service NSW of a privacy
breach affecting some of its customers It is a timely reminder to
everyone in the community to be vigilant and not open emails from
unknown or unverified sources (14 May 2020).
More...
Improving justice outcomes for class action
members
Ensuring Australians get their fair share of legal
settlements will be the focus of a parliamentary committee inquiry
which will examine all aspect of the class action system, including
the enormous profits being made by litigation funders (13 May
2020).
More...
Law Council President, Pauline Wright, statement on the
release of COVIDSafe source code
The Australian Government's release of the COVIDSafe
app source code on the weekend is welcomed by the Law Council of
Australia, giving all Australians the chance to satisfy themselves
that the app will be used in the way that it is intended (11 May
2020).
More...
Practice and courts
NSW
DCJ Statements
Important inmate-family links maintained during CV-19
Last published on 15 May 2020
COVID-19 Parliament to consider pandemic reforms
Last published on 12 May 2020
COVID-19 Safety paramount as District Court jury trials
resume
Last published on 11 May 2020
COVID-19: Information for attending Court
The New South Wales Bar Association's consolidated guide to
COVID-19-related court arrangements has again been updated in terms
of recent developments and includes updates (21 May 2020).
NCAT: Further tenancy law changes for COVID-19 impacted
tenants
From 14 May 2020, tenants who are unable to negotiate a
rent reduction with their landlord can seek to terminate their
lease through NCAT. Download and complete the
tenancy application form clearly identifying you are making an
urgent application under section 228C of the Residential Tenancies
Act 2010 (15 May 2020).
Consultations
Statutory review of the Crimes (Serious Crime Prevention Orders)
Act 2016
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 valid and the terms
remain appropriate for securing those objectives. Submissions close
on 22 May 2020.
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. More...
Cases
Taylor v Destination NSW [2020]
NSWCATAD 137
ADMINISTRATIVE LAW — Freedom of information
— Reviews and appeals – GIPA – whether systemic
issue - referral to Information Commissioner
Henri Eparaima v Industrial Relations Secretary, on
behalf of the Department of Communities and Justice
(Corrective Services) [2020] NSWIRComm
1038
PUBLIC SECTOR DISCIPLINARY APPEAL – assault on
detainee – serious misconduct – officer dismissed
-disciplinary sanction warranted
Pemberton v Commissioner of Police
[2020] NSWCATAD 135
FREEDOM OF INFORMATION – government information
– workplace investigation – prejudice to supply of
confidential information and to an agency's functions –
deliberative processes - information obtained in confidence –
personal information – personal factors of applicant –
allegations of misconduct
Cavallaro v Commissioner of
Police [2020] NSWCATAD
132
ADMINISTRATIVE REVIEW - government information -
reviewable decision - exempt information - personal factors -
balancing of public interests
ADMINISTRATIVE REVIEW - privacy - personal information - exemption
for agency - policing and investigative functions - administrative
and educative functions
SUMMONS - production of documents - partial production –
relevance
Myers v Registrar, Births, Deaths and
Marriages [2020] NSWCATAD 131
ADMINISTRATIVE LAW – registration of birth
– whether Registrar should correct the applicant's name
recorded in the Register
Ferella v Chief Commissioner of State
Revenue [2020] NSWCATAD 128
ADMINISTRATIVE LAW – Civil and Administrative
Tribunal (NSW) – applications not in compliance with the
statutory scheme for reviewing taxation decisions –
applications lodged late – no extension of time granted
– application for review seeking to re-litigate a matter
previously determined on the merits – cause of action
estoppel
Legislation
Proclamations commencing Acts
Education
Amendment (School Safety) Act 2017 No 58 (2020-198) —
published LW 14 May 2020
Regulations and other miscellaneous instruments
Children's
Guardian (Transitional) Amendment Regulation 2020 (2020-205)
— published LW 15 May 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.