Recent developments in public law and government in NSW
This edition sees the NSW Court of Appeal overturning a decision of the Appeal Panel of the ADT which had held that the Registrar of Births, Death and Marriages' power under Pt 5A, s 32DC of the Births, Deaths and Marriages Registration Act 1995 was confined to the registration of a person's sex as either "male" or "female". Determination of whether a person's sex may be registered as "non specific" has been remitted to the Tribunal. Subject to any special leave application, the outcome of the remitter is likely to have far reaching consequences for government agencies in NSW in the administration of beneficial legislation that is based on a binary classification of sex and from a practical perspective in terms of data collection and data entry.
In the media
AGL under scrutiny for possible licence
breach
Gas company AGL is facing investigation by the New South Wales
Environment Protection Authority (EPA) for a potential breach of an
environment protection licence. AGL failed to publish data from its
continuous air monitoring program, a requirement under the
Protection of the Environment Operations Act (06 May 2013) More...
Gender-neutral ruling in NSW court could have legal
implications across Australia
A Sydney court ruling which allows a person to be registered as
gender-neutral could potentially have legal implications around
Australia. A certificate was revoked in 2010 in a move backed by
the Administrative Decisions Tribunal, finding a gender must be
specified (01 June 2013) More...
Cases
Sekhon v The Director Of Quarantine [2013] FCCA
331
ADMINISTRATIVE LAW – Objection to subpoena – claim of
legal professional privilege – whether there has been an
implied waiver of privilege – waiver not found More...
GIO General Limited v Passau [2013] NSWSC
682
ADMINISTRATIVE LAW - judicial review - stay of proceedings pending
determination of summons seeking relief in this Court - whether
dictates of justice require that a stay be granted More...
Gardner John v Rail Corporation New South Wales [2013]
NSWSC 649
ADMINISTRATIVE LAW - judicial review - whether Registrar's
decision to allow appeal to panel error of law - whether panel
applied wrong test of causation - whether plaintiff not given
opportunity to be heard 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 WORKERS COMPENSATION -
worker exposed to sunlight in course of employment - claim for
compensation for permanent impairment - whether any portion of the
worker's impairment was "due to any pre-existing condition
or abnormality" for the purpose of s323 Workplace Injury
Management and Workers Compensation Act 1998 (NSW) - whether
early exposure to sun constitutes a "pre-existing
condition" for the purpose of s323 More...
McLennan v University of New England [2013] NSWADT
113
Government information (public access) - accountability-
transparency - personal affairs - business affairs - bonuses paid
to senior staff disclosed. Administrative Decisions Tribunal
Act 1997; Annual Reports (Statutory Bodies) Regulation 2010;
Government Information (Public Access) Act 2009 More...
Arnold v Minister Administering the Water Management Act
2000 (No 6) [2013] NSWLEC 73
JUDICIAL REVIEW - Water Sharing Plan for Lower Murray Groundwater
Source made by Minister pursuant to s 50 Water Management Act
2000 and the linked Water Management (General) Amendment (Lower
Murray) Regulation 2006 substantially reduce former water
extraction entitlements of farmer licence holders - whether Plan
and Amending Regulation invalid - whether mandatory for Minister
when making the Plan to consider a sound and reliable
hydrogeological numeric model to calculate sustainable use and
recharge and whether Minister failed to consider that matter -
whether Minister when making the Plan had regard to a prohibited
irrelevant consideration being an inter-governmental
agreement's targeted reductions in water entitlements - whether
Plan's adoption of a specified extraction limit was irrational
or manifestly unreasonable because the hydrogeological model on
which it was based was fundamentally flawed and because the zones
in it were hydrogeologically separate from the rest of the water
management areas - whether Minister under a duty to have due regard
to socio-economic impacts of the proposed Plan and whether breached
duty by not assessing socio-economic impacts in a formal study or
at the farm-by-farm level or in other respects - whether Plan bad
in form because, contrary to 2000 Act, it failed to deal with the
requirements for water extraction under access licences -
principles of judicial review - admissibility of expert evidence in
judicial review proceedings More...
Norrie v NSW Registrar of Births, Deaths and Marriages
[2013] NSWCA 145
On the review of a decision by the Registrar of Births, Death and
Marriages not to register the appellant's (Norrie) sex as
"non specific" under Pt 5A of the Births,
Deaths and Marriages Registration Act 1995 (the Act), the
Administrative Decisions Tribunal held that the Registrar's
power under Pt 5A, s 32DC was confined to a registration of a
person's sex as either "male" or
"female". The Appeal Panel of the Administrative
Decisions Tribunal affirmed the decision of the Tribunal More...
Legislation
Commonwealth
Bills 05 June 2013
Constitution Alteration (Local Government) 2013
This Bill is for an Act to alter the Constitution to recognise
local government so that the Commonwealth can, in future, grant
financial assistance to local government, including assistance for
community and other services More...
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.
