Australia: NSW Government Bulletin - 4 June 2013

Last Updated: 6 June 2013

Recent developments in public law and government in NSW

As foreshadowed in our last edition, a Regulation has been proclaimed in response to the decision of the AAT in SF v Shoalhaven City Council, the effect of which was to require the Council to turn off its CCTV cameras. The Privacy and Personal Information Protection Amendment (CCTV) Regulation 2013 was proclaimed on 17 May 2013 and exempts local councils from section 11 of the PPIP Act with respect to the collection of personal information by using a CCTV camera. Watch this space for details of an upcoming seminar on these developments in privacy law in NSW.

In the media

Think tank seeks to launch drone debate
Australia needs to think through a wide range of ethical, legal and practical issues relating to use of unmanned aircraft, including rules of engagement, privacy, safety and air traffic management, according to a think tank group (23 May 2013) More...

AGL launches 'do not knock' sticker campaign while fighting legal battle against stickers
Energy supplier AGL has launched a campaign distributing hundreds of thousands of 'do not knock' stickers to customers while at the same time it is fighting a battle against the legal enforceability of such signs (24 May 2013) More...

Australia to join the global Open Government Partnership
Australian Information Commissioner, Professor John McMillan has welcomed the announcement today by the Attorney-General the Hon Mark Dreyfus QC MP that Australia will join the Open Government Partnership (OGP) (22 May 2013) More...

Regulation for council use of CCTV
Local councils in NSW have been granted an exemption to use CCTV cameras in public places. A Regulation under the Privacy and Personal Information Act 1998 (PPIP Act) was proclaimed today (17 May 2013) More...

Referendums need a big idea to stay relevant
The federal government announced it plans to engage Australians in the question of whether to amend our constitution to give ''financial recognition'' to local governments. By keeping proposed constitutional changes ''small'', or modest, most observers argue, the government also maximises the chances of a successful referendum (17 May 2013) More...

In practice and courts

Open Government Partnership
The letter of intent, dated May 22, 2013, communicated Australia's intent to participate in OGP More...

Note the OGP Steering Committee Meeting in London
This July 11th and 12th the Open Government Partnership Steering Committee will meet in London More...

Published – articles, papers, reports

Is the giving of reasons for administrative decisions a question of natural justice?
Author: Justice Chris Maxwell; (2013) 20 Australian Journal of Administrative Law 76 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.

Threats to judicial independence : the enemy within
Author: JD Heydon; Law Quarterly Review (129) April 2013: pp205-222
Subject: Case management, Court rules and procedure, Judgments; Judicial independence, Judicial opinions - Characteristics of English and German judgments - oral hearings - requirement to file written submissions - dissenting judgments - concurring majority judgments - following majority decisions - practice of Mr Justice Brandeis - concealment a threat to judicial independence More...

Administrative Law: the next frontier for comparative law
Author: Janina Boughey, International and Comparative Law Quarterly, 2013, Vol 62, No 1, pp55-95
One field of law that has been conspicuously absent from the boom in comparison, at least outside of Europe, is administrative law. This article surveys some recent developments in administrative law and points to a number of aspects of the field that would benefit from the wider use of comparative methods across the world More...


Austral Brick Co Pty Ltd v Rami El Hayek t/as RCV Stoneworks [2013] NSWSC 57
ADMINISTRATIVE LAW - judicial review - operation of CTTT Tribunal notice of hearing provisions - when proceedings may be held in absence of party - whether requirements of justice considered More...

AIN and Medical Council of NSW [2013] NSWADT 112
Government information - conclusive presumptions - legal professional privilege and Health Care Complaints Act 1993 - overriding public interest against disclosure of information - reasonable grounds to believe that there are additional documents - reasonable searches to find the documents More...

Fire & Rescue NSW v Clinen [2013] NSWSC 629
ADMINISTRATIVE LAW - judicial review of a decision of a medical appeal panel constituted under s 328 Workplace Injury Management and Workers Compensation Act 1998 (NSW) - whether jurisdictional error or error of law on the face of the record - whether reasons of the panel inadequate More...

QBE Insurance (Australia) Ltd v Motor Accidents Authority of New South Wales [2013] NSWSC 549
ADMINISTRATIVE LAW - Motor Accidents Compensation Act - role of Proper Officer - application of the Court of Appeal in Rodger v De Gelder - the determination of jurisdictional fact is fundamentally a question of construction of statute - where the statutory construction alters it is necessary to reconsider the issue of jurisdictional fact - preconditions in s 62(1)(a) and s 62(1A) of the Motor Accidents Compensation Act are not jurisdictional facts - Singh v Motor Accidents Authority of NSW (No 1) and Singh v Motor Accidents Authority of NSW (No 2) disapproved More...

Gold And Copper Resources Pty Limited v Minister For Resources and Energy [2013] NSWLEC 66
JUDICIAL REVIEW - challenge to validity of seventh renewal of exploration licence by Minister's delegate - power to renew authority not limited by time requested in renewal application - Minister's delegate required to form state of satisfaction of special circumstances in renewing exploration licence over whole area - no false and misleading information in renewal application - renewal cannot include land not already subject of exploration licence being renewed More...

Galluzzo v Little [2013] NSWCA 116
WORKERS COMPENSATION - medical assessment - role of Medical Appeal Panel - where several injuries produce impairment - whether certificate of assessment may be issued before all impairments are fully ascertainable - ADMINISTRATIVE LAW - procedural fairness - whether Medical Appeal Panel denied procedural fairness by declining to grant oral hearing and not calling for further submissions - whether judge's finding of failure by Medical Appeal Panel to give adequate reasons should have resulted in quashing of assessment - whether bare declaration is of utility - COSTS - indemnity basis - whether conduct before initiation of proceedings relevant to decision to award indemnity costs More...



Regulations and other statutory instruments
This Regulation is to exempt local councils from provisions of the Privacy and Personal Information Protection Act 1998 relating to the collection of personal information, by using a CCTV camera installed for the purpose of filming a public place, and the disclosure to the NSW Police Force of that information by way of live transmission. Privacy and Personal Information Protection Act 1998

Bills introduced into Government
This bill implements changes to numerous NSW Acts and Regulations by making minor amendments, repealing certain provisions and additionally effecting statute law revision. The many Acts and Regulations covered by the Bill are as diverse as the Health Administration Act 1982 No 135, the Community Services (Complaints, Reviews and Monitoring) Act 1993 No 2 and the Interpretation Act 1987 No 15. Statute Law (Miscellaneous Provisions) Bill 2013

Bills passed by both Houses of Parliament
This bill amends the Statutory and Other Offices Remuneration Act 1975 to require the Remuneration Tribunal to give effect to certain government policies when making determinations regarding the remuneration of judicial and other office holders. Statutory and Other Offices Remuneration Amendment (Judicial and Other Office Holders) Bill 2013

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