Australia: NSW Government Bulletin - 22 May 2013

Last Updated: 24 May 2013

Recent developments in public law and government in NSW

Welcome to the inaugural edition of our Government bulletin. In this edition we see that the High Court will shortly consider whether a distinction should be drawn between personal and business activities while employees are travelling for work, following a grant of special leave by Justices Hayne and Gageler, in a case that is likely to cause both public and private sector employers to examine their workplace policies regarding conduct while travelling for work. Closer to home we see the NSW Government taking steps to exempt Councils from privacy laws following the decision of the AAT in SF v Shoalhaven City Council, dealing with the Privacy and Personal Information Protection Act 1998 (NSW), where the Council was effectively ordered to turn off its CCTV cameras which breached the privacy of a resident. In a case which overruled a 1924 decision of the Court, the High Court has also considered proof of the tort of malicious prosecution in a case where the underlying criminal prosecution was terminated by an order of the DPP that no further proceedings be taken against the accused under s.7(2)b of the DPP Act 1986 (NSW).

In the media

Roseanne Beckett v the State of New South Wales [2013] HCA 17
The High Court of Australia has handed down a landmark decision overruling a previous High Court decision from nine decades ago. In its decision in Roseanne Beckett v the State of New South Wales [2013] HCA 17, the High Court held that the previous decision in Davies v Gell (1924) 35 CLR 275 should not be followed in this instance. Beckett v New South Wales [2013] HCA 17 (8 May 2013) More...

Public servant sex compo case heads to High Court
Comcare is challenging that, asking the High Court to clarify whether the Federal Court's ruling was sufficient in determining what falls within the course of employment (10 May 2013) More...

Mid north coast welcomes CCTV exemption
A state government move to continue using closed circuit television (CCTV) surveillance for crime prevention has been given the thumbs-up on the mid north coast. Last week a local council was forced to turn off its CCTV cameras after a ruling by the Administrative Appeals Tribunal over a privacy breach (09 May 2013) More...

Loophole closed to allow CCTV camera use
The New South Wales Government is introducing exemptions to privacy laws to ensure that local councils can continue to use CCTV cameras in public places (07 May 2013) More...

BLOG: CCTV decision a blow to crime-fighting
The decision of the NSW Administrative Decisions Tribunal (ADT) that Shoalhaven City Council's use of closed circuit television (CCTV) footage for ''law enforcement'' purposes breaches privacy laws has resulted in a serious precedent which will have widespread implications for local government across NSW if left unchecked (06 May 2013) More...

Allow due process' in Singleton-Waterhouse stoush
Racing New South Wales says a judicial inquiry into the stoush between millionaire businessman John Singleton and the Waterhouse family would be a gross overreaction (29 April 2013) More...

Barr to oversee NSW Crime Commission
Justice Graham Barr QC has been appointed as the first inspector to oversee the NSW Crime Commission More...

Published – articles, papers, reports

Is the giving of reasons for administrative decisions a question of natural justice?
Author: Justice Chris Maxwell
This article examines the doctrinal divergence between Australia and the United Kingdom and suggests that, given the continuing importance of the question, it would be timely for the High Court to revisit the decision in Osmond and the analysis on which it was founded. (2013) 20 AJ Admin L 76

In practice and courts

High Court - New Practice Direction
The High Court has released Practice Direction No 1 of 2013 - Authorities (1 May 2013). Applications for leave or special leave to appeal and applications for removal (other than applications for leave or special leave referred to an enlarged Court for hearing as if on appeal) pursuant to s40 of the Judiciary Act 1903 (01 May 2013) More...

COAT National Conference 2013 - Effective Communication for Tribunals
The COAT National Conference co-hosted by COAT and AIJA will be held at the Novotel in Brisbane from 6 - 7 June 2013. Under its theme, Effective Communication for Tribunals, the 2013 Conference will explore the different ways in which effective communication can take place in a tribunal setting (May 2013) or Effective Communication for Tribunals, 6-7 June 2013, BRISBANE


ML v Australian Securities and Investments Commission [2013] NSWCA 109
ADMINISTRATIVE LAW - judicial review - jurisdiction of State courts - where Commonwealth authority party to proceedings - where State court exercising federal jurisdiction - where no Commonwealth law conferred such federal jurisdiction - whether s 9 Administrative Decisions (Judicial Review) Act 1977 (Cth) excludes jurisdiction - where s 9 subject to s 1337B(3) Corporations Act 2001 (Cth) - where s 1337H(3) requires State Court to transfer s 1337B(3) proceedings to Federal Court unless related to other proceedings pending in a State court - where no such proceedings pending
CONSTITUTIONAL LAW - judicial review - jurisdiction of State courts - whether State court has jurisdiction to prevent Companies Auditors and Liquidators Disciplinary Board exercising powers under Commonwealth law - where the Board is a Commonwealth authority - conferral of jurisdiction under Judiciary Act 1903 (Cth) s 39(2) - whether s 9 Administrative Decisions (Judicial Review) Act 1977 (Cth) excludes jurisdiction - whether s 23 Supreme Court Act 1970 (NSW) empowers State court to prevent Board exercising powers under Commonwealth Law
PROCEDURE - civil - whether stay should be granted in respect of disciplinary proceedings - commencement of criminal proceedings against applicant possible but no criminal charges laid - Board empowered to exercise powers even where conduct might amount to an offence - public interest in prompt resolution of disciplinary proceedings
Administrative Decisions (Judicial Review) Act 1977 (Cth), ss 3, 9
Court Suppression and Non-publication Orders Act 2010 (NSW), s 8
Judiciary Act 1903 (Cth), ss 39, 68, 79, 80 More...

People with Disability Australia Incorporated v The Honourable Andrew Constance Minister for Disability Services [2013] NSWSC 467
PROCEDURE - pleading - Points of Claim - novel claim - legislative duty on Minister - plaintiff seeks to enforce duty - disclaimer of reliance on administrative law remedies - need to plead material facts - jurisdictional basis for the claim - need for pleading to relate facts to basis of claim More...

Purnell v Pittendridge and Anor [2013] NSWSC 463
ADMINISTRATIVE LAW - claim for prerogative relief - decision of Review Panel under s.63 Motor Accidents Compensation Act 1999 - whether jurisdictional error or error of law on the face of the record - whether denial of procedural fairness - whether failure to give reasons as required by law - grounds for relief not established - Amended Summons dismissed with costs More...

SF v Shoalhaven City Council [2013] NSWADT 94
Privacy - personal information - information protection principle - Collection - lawful purpose - relevant to purpose - excessive - retention and security - law enforcement purpose
Administrative Decisions Tribunal Act 1997
Privacy and Personal Information Protection Act 1998

AFC v The Sydney Children's Hospital Specialty Network (Randwick and Westmead) (No 2) [2013] NSWADT 99
Privacy and Personal Information Protection - meaning of personal information and health information - scope of review - Privacy and Personal Information Protection Act 1998 More...

Summers v Director of Housing [2013] VSC 233
ADMINISTRATIVE LAW - Administrative Law Act - Decision of Medical Panel under Wrongs Act - Reasons for determination published - Request for reasons - Application for review for jurisdictional error and for error on face of reasons as published - Ancillary application for review for inadequacy of reasons - Inadequacy of reason per se not a ground of review - Administrative Law Act 1978 , s 3, 4 and 8

AEZ v Commissioner of Police, NSW Police Force (No 2) [2013] NSWADT 91
Administrative review – freedom of information – exempt documents – documents concerning the operations of agencies More...

Patsalis v Attorney General (NSW) [2013] NSWCA 98
ADMINISTRATIVE LAW - Judicial review - Whether proceedings for prerogative relief against non-judicial decision of a Supreme Court judge properly commenced in the Court of Appeal More...

Terzic v Registrar of Births, Deaths and Marriages [2013] NSWADT 82
MERITS REVIEW - Decision of Registrar of Births, Deaths and Marriages not to register a change of name on a fourth application - Meaning of exceptions to restrictions on registering name changes - No inflexible rule that name cannot be registered on a fourth or subsequent occasion if the reason for the application is personal preference - Fresh evidence justifies name change More...

Duncan v The Honourable David Andrew Ipp [2013] NSWSC 314
ADMINISTRATIVE LAW - Natural justice - Rule against bias - Apprehended bias - Test for - Actions of Commissioner of Independent Commission Against Corruption in course of a public inquiry - Bias by prejudgment - Public inquiry by Independent Commission Against Corruption into granting of Mining Exploration Leases - Contact between Commissioner and Departments of Government - Provision of legal advice by Commissioner to Departments of Government - Request by Commissioner that project approval not be granted until report made by Commission - Statements by Commissioner that no factual findings yet made - Application for injunction against Commissioner by potential beneficiary if Mining Lease granted More...

Colefax v Department of Education and Communities (NSW) [2013] NSWADT 75
ADMINISTATIVE LAW - Government information - public access - Reasonable and necessary search for information - Adequacy of - Client legal privilege More...



Regulations and other statutory instruments
Allocation of the Administration of Acts 2013 (No 1—Amendment) (2013-186) — published LW 3 May 2013

Acts assented to
Powers of Attorney Amendment Act 2013 No 23 — Assented to 7 May 2013
For the full text of Bills, and details on the passage of Bills, see Bills.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

To print this article, all you need is to be registered on

Click to Login as an existing user or Register so you can print this article.

Some comments from our readers…
“The articles are extremely timely and highly applicable”
“I often find critical information not available elsewhere”
“As in-house counsel, Mondaq’s service is of great value”

Up-coming Events Search
Font Size:
Mondaq on Twitter
Register for Access and our Free Biweekly Alert for
This service is completely free. Access 250,000 archived articles from 100+ countries and get a personalised email twice a week covering developments (and yes, our lawyers like to think you’ve read our Disclaimer).
Email Address
Company Name
Confirm Password
Mondaq Topics -- Select your Interests
 Law Performance
 Law Practice
 Media & IT
 Real Estate
 Wealth Mgt
Asia Pacific
European Union
Latin America
Middle East
United States
Worldwide Updates
Mondaq Ltd requires you to register and provide information that personally identifies you, including what sort of information you are interested in, for three primary purposes:
  • To allow you to personalize the Mondaq websites you are visiting.
  • To enable features such as password reminder, newsletter alerts, email a colleague, and linking from Mondaq (and its affiliate sites) to your website.
  • To produce demographic feedback for our information providers who provide information free for your use.
  • Mondaq (and its affiliate sites) do not sell or provide your details to third parties other than information providers. The reason we provide our information providers with this information is so that they can measure the response their articles are receiving and provide you with information about their products and services.
    If you do not want us to provide your name and email address you may opt out by clicking here
    If you do not wish to receive any future announcements of products and services offered by Mondaq you may opt out by clicking here

    Terms & Conditions and Privacy Statement (the Website) is owned and managed by Mondaq Ltd and as a user you are granted a non-exclusive, revocable license to access the Website under its terms and conditions of use. Your use of the Website constitutes your agreement to the following terms and conditions of use. Mondaq Ltd may terminate your use of the Website if you are in breach of these terms and conditions or if Mondaq Ltd decides to terminate your license of use for whatever reason.

    Use of

    You may use the Website but are required to register as a user if you wish to read the full text of the content and articles available (the Content). You may not modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, link, display, or in any way exploit any of the Content, in whole or in part, except as expressly permitted in these terms & conditions or with the prior written consent of Mondaq Ltd. You may not use electronic or other means to extract details or information about’s content, users or contributors in order to offer them any services or products which compete directly or indirectly with Mondaq Ltd’s services and products.


    Mondaq Ltd and/or its respective suppliers make no representations about the suitability of the information contained in the documents and related graphics published on this server for any purpose. All such documents and related graphics are provided "as is" without warranty of any kind. Mondaq Ltd and/or its respective suppliers hereby disclaim all warranties and conditions with regard to this information, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement. In no event shall Mondaq Ltd and/or its respective suppliers be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use or performance of information available from this server.

    The documents and related graphics published on this server could include technical inaccuracies or typographical errors. Changes are periodically added to the information herein. Mondaq Ltd and/or its respective suppliers may make improvements and/or changes in the product(s) and/or the program(s) described herein at any time.


    Mondaq Ltd requires you to register and provide information that personally identifies you, including what sort of information you are interested in, for three primary purposes:

    • To allow you to personalize the Mondaq websites you are visiting.
    • To enable features such as password reminder, newsletter alerts, email a colleague, and linking from Mondaq (and its affiliate sites) to your website.
    • To produce demographic feedback for our information providers who provide information free for your use.

    Mondaq (and its affiliate sites) do not sell or provide your details to third parties other than information providers. The reason we provide our information providers with this information is so that they can measure the response their articles are receiving and provide you with information about their products and services.

    Information Collection and Use

    We require site users to register with Mondaq (and its affiliate sites) to view the free information on the site. We also collect information from our users at several different points on the websites: this is so that we can customise the sites according to individual usage, provide 'session-aware' functionality, and ensure that content is acquired and developed appropriately. This gives us an overall picture of our user profiles, which in turn shows to our Editorial Contributors the type of person they are reaching by posting articles on Mondaq (and its affiliate sites) – meaning more free content for registered users.

    We are only able to provide the material on the Mondaq (and its affiliate sites) site free to site visitors because we can pass on information about the pages that users are viewing and the personal information users provide to us (e.g. email addresses) to reputable contributing firms such as law firms who author those pages. We do not sell or rent information to anyone else other than the authors of those pages, who may change from time to time. Should you wish us not to disclose your details to any of these parties, please tick the box above or tick the box marked "Opt out of Registration Information Disclosure" on the Your Profile page. We and our author organisations may only contact you via email or other means if you allow us to do so. Users can opt out of contact when they register on the site, or send an email to with “no disclosure” in the subject heading

    Mondaq News Alerts

    In order to receive Mondaq News Alerts, users have to complete a separate registration form. This is a personalised service where users choose regions and topics of interest and we send it only to those users who have requested it. Users can stop receiving these Alerts by going to the Mondaq News Alerts page and deselecting all interest areas. In the same way users can amend their personal preferences to add or remove subject areas.


    A cookie is a small text file written to a user’s hard drive that contains an identifying user number. The cookies do not contain any personal information about users. We use the cookie so users do not have to log in every time they use the service and the cookie will automatically expire if you do not visit the Mondaq website (or its affiliate sites) for 12 months. We also use the cookie to personalise a user's experience of the site (for example to show information specific to a user's region). As the Mondaq sites are fully personalised and cookies are essential to its core technology the site will function unpredictably with browsers that do not support cookies - or where cookies are disabled (in these circumstances we advise you to attempt to locate the information you require elsewhere on the web). However if you are concerned about the presence of a Mondaq cookie on your machine you can also choose to expire the cookie immediately (remove it) by selecting the 'Log Off' menu option as the last thing you do when you use the site.

    Some of our business partners may use cookies on our site (for example, advertisers). However, we have no access to or control over these cookies and we are not aware of any at present that do so.

    Log Files

    We use IP addresses to analyse trends, administer the site, track movement, and gather broad demographic information for aggregate use. IP addresses are not linked to personally identifiable information.


    This web site contains links to other sites. Please be aware that Mondaq (or its affiliate sites) are not responsible for the privacy practices of such other sites. We encourage our users to be aware when they leave our site and to read the privacy statements of these third party sites. This privacy statement applies solely to information collected by this Web site.

    Surveys & Contests

    From time-to-time our site requests information from users via surveys or contests. Participation in these surveys or contests is completely voluntary and the user therefore has a choice whether or not to disclose any information requested. Information requested may include contact information (such as name and delivery address), and demographic information (such as postcode, age level). Contact information will be used to notify the winners and award prizes. Survey information will be used for purposes of monitoring or improving the functionality of the site.


    If a user elects to use our referral service for informing a friend about our site, we ask them for the friend’s name and email address. Mondaq stores this information and may contact the friend to invite them to register with Mondaq, but they will not be contacted more than once. The friend may contact Mondaq to request the removal of this information from our database.


    From time to time Mondaq may send you emails promoting Mondaq services including new services. You may opt out of receiving such emails by clicking below.

    *** If you do not wish to receive any future announcements of services offered by Mondaq you may opt out by clicking here .


    This website takes every reasonable precaution to protect our users’ information. When users submit sensitive information via the website, your information is protected using firewalls and other security technology. If you have any questions about the security at our website, you can send an email to

    Correcting/Updating Personal Information

    If a user’s personally identifiable information changes (such as postcode), or if a user no longer desires our service, we will endeavour to provide a way to correct, update or remove that user’s personal data provided to us. This can usually be done at the “Your Profile” page or by sending an email to

    Notification of Changes

    If we decide to change our Terms & Conditions or Privacy Policy, we will post those changes on our site so our users are always aware of what information we collect, how we use it, and under what circumstances, if any, we disclose it. If at any point we decide to use personally identifiable information in a manner different from that stated at the time it was collected, we will notify users by way of an email. Users will have a choice as to whether or not we use their information in this different manner. We will use information in accordance with the privacy policy under which the information was collected.

    How to contact Mondaq

    You can contact us with comments or queries at

    If for some reason you believe Mondaq Ltd. has not adhered to these principles, please notify us by e-mail at and we will use commercially reasonable efforts to determine and correct the problem promptly.

    By clicking Register you state you have read and agree to our Terms and Conditions