Australia: NSW Government Bulletin - 18 June 2013

Last Updated: 21 June 2013
Most Read Contributor in Australia, September 2016

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 A certificate was revoked in 2010 in a move backed by the Administrative Decisions Tribunal, finding a gender must be specified (01 June 2013) More...


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...



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.

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”

Mondaq Advice Centre (MACs)
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
Check to state you have read and
agree to our Terms and Conditions

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.

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 by clicking here .

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.


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.