Australia: NSW Government Bulletin - 3 July 2013

Last Updated: 7 July 2013

Recent developments in public law and government in NSW

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In this edition we learn that public information officers participating in focus groups at the Australian Institute of Judicial Administration conference have expressed concern about the use of social media from Courts. A paper on the issue is being prepared by Professor Patrick Keyzer of Bond University. This comes as amendments to the Court Security Act commenced on 1 July 2013 (introduced by the Courts and Other Legislation Further Amendment Act 2013) which prohibit the use of devices to transmit sound, images or information that form part of proceedings from a room or other place where a Court is sitting, including by posting entries containing the information on social media sites or any other website.

Upcoming events

Privacy seminar: For recent developments in privacy law in NSW, register for Holding Redlich's seminar on "Privacy and Personal Information Protection" to be held in Sydney on 31 July and presented by Lyn Nicolson. Use this link for more information and to register.

Integrity in Government forum: You may also be interested in attending "Integrity in Government, a pre-election national anti-corruption forum" at the State Library on 23 July. This free afternoon forum hosted by Transparency International Australia is billed as a not-to-be missed opportunity before the Federal Election to hear Commonwealth Attorney-General Mark Dreyfus, Shadow Attorney-General George Brandis and Greens Leader Christine Milne spell out their party's approaches to fighting corruption and promoting integrity in Australia. Harold Werksman, a partner of Holding Redlich, is a member of the Board of Transparency International Australia and will be attending the forum. Use this link for more information and to register.

In the media

Court officers fear inaccurate social media reporting and untrained 'citizen journalists'
Court public information officers say their top professional concern is that inaccurate information from courtrooms is being posted online to social media sites, such as Twitter, potentially prejudicing major court cases (20 June 2013) More...

Broadcasters open to ACMA's offer of self regulation
Senior television and radio executives will seriously consider an invitation from the Australian Communications and Media Authority (ACMA) to put forward a new self regulatory regime that could see the creation of a body with similar powers to The Australian Press Council (20 June 2013) More...

Coherent regulation best for cloud services
Recent ACMA research identified that 52 per cent of Australians have a low level of confidence in the privacy settings of online providers, such as cloud service providers. A further 35 per cent of Australians would withhold personal information where a site is not based in Australia (13 June 2013) More...

Community Attitudes to Privacy research starts today
The Office of the Australian Information Commissioner (OAIC) study on community attitudes to privacy starts today. The Community Attitudes to Privacy survey explores changes in attitudes to privacy across a range of areas and considers privacy issues associated with new and emerging technologies (13 June 2013) More...

Protecting privacy in the digital era
The Attorney-General Mark Dreyfus QC has asked the Australian Law Reform Commission to conduct an inquiry into the protection of privacy in the digital era. The inquiry will address both prevention and remedies for serious invasions of privacy (12 June 2013) More...

In practice and courts

For public consultation: Big Data Strategy (draft) - reminder
As outlined in both the Advancing Australia as a Digital Economy: An Update to the National Digital Economy Strategy and the APS ICT Strategy 2012-15, AGIMO has developed a Big Data Strategy which sets out the actions that the government is taking to harness the opportunities afforded by big data without compromising privacy. Any final views of the ICT industry, the research sector, non-government organisations and the public before finalising the Strategy are required by close of business on Friday 5 July 2013 (21 June 2013). Draft Big Data Strategy

Human Research Ethics Committees reports Under the Health Records and Information Privacy Act 2002 (HRIP Act), Human Research Ethics Committees are required to provide a report on their proposals to the NSW Privacy Commissioner. Committees that have not already provided their report for 2012-2013 should do so by 30 June 2013 (12 June 2013) HRIP Act Statutory Guidelines for guidance.

Ex parte applications for injunctions: then and now
Author: Mark Leeming SC (as he then was)
Mr Leeming SC looks at the evolution of the ex parte injunction, in terms of the usual undertaking, disclosure, breach and form of order. (2013) 87 ALJ 303

Published – articles, papers, reports

Transcript of speech, Privacy Reform and Compliance Forum, Sydney 2013
Author: Mark Dreyfus
Attorney-General, Mark Dreyfus, discusses the Government's new privacy reforms, emerging privacy reform issues, online privacy, digital economy, and online data breaches (12 June 2013) More...

The cloud: services, computing and digital data: Emerging issues in media and communications
Author: Australian Communications and Media Authority Occasional paper 3
ACMA discusses the impact on industry, consumers and citizens of tensions inherent in the current regulation of cloud computing and services (13 June 2013) ( PDF).

Privacy and personal data- Emerging issues in media and Communications
Author: Australian Communications and Media Authority Occasional paper 4
This addresses various emerging issues in contemporary communications and media, the ACMA discusses the impact of the emerging information economy on digital citizens' privacy and the need for a coherent framework within which new privacy safeguards can be developed (21 June 2013) ( PDF)


Lo v Chief Commissioner of State Revenue [2013] NSWCA 180
TAXES AND DUTIES - land tax - exemptions - principal place of residence - s 10(1)(r) Land Tax Management Act 1956 - APPEAL AND ADMINISTRATIVE LAW - appeal on a question of law from Administrative Decisions Tribunal - whether ADT failed to take into account relevant considerations - whether statute mandated that they be taken into account - analogy to approach in judicial review proceedings - consideration of concept of "taking into account" relevant factors- dismissed More...

IAG Ltd v Riley [2013] NSWSC 684
ADMINISTRATIVE LAW - judicial review - prerogative relief - determination of Review Panel under the motor Accidents Act - whether Panel misapprehended its task - failure to address arguments set out in Application for Review - ignoring of relevant matters - inadequacy of reasons on review - constructive failure to exercise jurisdiction - failure to accord procedural fairness - determination quashed - review remitted for determination - Motor Accidents Compensation Act 1999 More...

Attorney General in and for the State of New South Wales v Homeland Community Ltd [2013] NSWSC 723
Judicial advice refused TRUSTS - judicial advice pursuant to Trustee Act 1925 (NSW) s 63(1) - whether trust property can be used to defend proceedings - whether trustee acting in the best interests of the trust - charitable trusts More...

Oshlack v Rous Water [2013] NSWCA 169
ADMINISTRATIVE LAW - judicial review - grounds of review - validity of decision to construct and operate fluoride dosing plants - constructive failure to exercise jurisdiction - whether there was a misconception about the duty imposed on the decision maker
COSTS - costs discretion - whether discretion miscarried - whether decision of primary judge involved error- appeal dismissed More...

Reid-Frost v Industrial Relations Commission of New South Wales [2013] NSWCA 161
ADMINISTRATIVE AND INDUSTRIAL LAW - judicial review - police officer removed from Police Force under s 181D Police Act - review by Industrial Relations Commission under s 181E - application for leave to appeal dismissed by Commission Full Bench - privative provisions in s 179 Industrial Relations Act applicable to review by Supreme Court - jurisdictional error required to be but not demonstrated - discretion to refuse prerogative relief on the basis of the applicant's delay
EVIDENCE - s 163 Industrial Relations Act - Commission not bound by rules of evidence when not in Court Session - whether Commission entitled to rely upon findings in earlier decision in same proceedings More...

AIL v Department of Premier and Cabinet (GD) [2013] NSWADTAP 26
PRIVACY - Health Information - Whether disclosure by organisation lawful - Response to letter of investigation from Anti-Discrimination Board - Included reference to information regarded by the complainant as outside the scope of the complaint - Whether permitted, necessarily implied or reasonably contemplated under an Act or any other law - Tribunal held reasonably contemplated - Appeal - Appeal dismissed. Health Records and Information Privacy Act 2002, Health Privacy Principle 11(2)(b); 10(2)(a) More...



Proclamations commencing Acts
The object of this Proclamation is to commence certain amendments to the Court Security Act 2005 that create a prohibition on the unauthorised transmission of sounds, images or information about court proceedings from the place where a court is sitting.
Courts and Other Legislation Further Amendment Act 2013 No 1 (2013-291) — published LW 21 June 2013

Regulations and other statutory instruments
The object of this Regulation is to increase the fees payable in respect of proceedings before the Administrative Decisions Tribunal.
Administrative Decisions Tribunal Amendment (Fees) Regulation 2013 (2013-295) — published LW 21 June 2013

The objects of this Regulation are to exempt routine government advertising campaigns from requirements under the Government Advertising Act 2011 on the provision of a certificate by an authorised officer that the campaign is accurate, necessary for a public purpose and efficient and cost effective for achieving that purpose.
Government Advertising Amendment (Certification Arrangements) Regulation 2013 (2013-303) — published LW 21 June 2013

The object of this Regulation is to declare the Government's policies concerning the remuneration of office holders to which Part 3 of the Statutory and Other Offices Remuneration Act 1975 applies for the purposes of section 6AB of that Act.
Statutory and Other Offices Remuneration (Judicial and Other Office Holders) Regulation 2013 (2013-308) — published LW 21 June 2013

Bills introduced etc
The multiple objects of this Bill are to amend various Acts such as the Duties Act 1997, the Health Insurance Levies Act 1982, the Payroll Tax Act 2007, the Protection of the Environment Administration Act 1991 and the First Home Owner Grant (New Homes) Act 2000 to reflect various changes to the budget.
State Revenue and Other Legislation Amendment (Budget Measures) Bill 2013

Bills passed by both Houses of Parliament
This Bill amends various Acts, the most relevant being the Anti-Discrimination Act 1977, to make it clear that where there is indirect discrimination there is not need to prove a ground of discrimination under the Act. It additionally amended the Government Information (Public Access) Act 2009 to exclude information relating to the functions of the DNA Review Panel, other than its functions relating to reporting and making recommendations to the Minister, from being able to be accessed under that Act.
Courts and Other Miscellaneous Legislation Amendment Bill 2013

The objects of this Bill are to enable Service NSW (by conferring functions on its Chief Executive Officer) to provide one-stop access to customer services for NSW government agencies and for other agencies or persons, to facilitate the provision of information by and about customers for that purpose and to enact consequential provisions relating to access to government information and State records.
Service NSW (One-stop Access to Government Services) Bill 2013

This bill makes minor amendments to various Acts and a Regulation as outlined in Schedule 1 of the Bill as well as effecting statute law revision for the Acts in Schedule 2 and repealing certain other Acts in Schedule 3.
Statute Law (Miscellaneous Provisions) Bill 2013

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.

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