Australia: NSW Government Bulletin - 17 July 2013

Last Updated: 28 July 2013
Most Read Contributor in Australia, September 2016

Recent developments in public law and government in NSW

In this edition we see that the Court of Appeal, in Duncan v Ipp [2013] NSWCA 189, has granted leave and concurrently dismissed an appeal by Mr Travers Duncan for apprehended bias against Commissioner David Ipp in the Independent Commission Against Corruption (ICAC) inquiry into the grant of coal licences. The Court found that a fair minded reasonable observer would not have believed Commissioner Ipp was biased, based on his comments during the ICAC inquiries. We also see a continuing focus on social media, this time as a valid political communication tool, as well as a growing privacy problem, particularly from the gathering of open source intelligence.

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. Click on this link for more information and to register.

In the media

Report into Freedom of Information completed
Attorney-General Mark Dreyfus QC has received a report on freedom of information law. The report reviews the operation of the Freedom of Information Act 1982 and the Australian Information Commissioner Act 2010 and the extent to which those laws, and related laws, provide an effective framework for access to government information (01 July 2013) 1 July 2013 - Report into Freedom of Information completed

Whistleblower Laws Passed
The Public Interest Disclosure Bill and the Public Interest (Consequential Amendments) Bill which passed through the Senate today were a significant step in advancing integrity and accountability of the Commonwealth public sector. The Bill will encourage a pro-disclosure culture, by facilitating disclosure and investigation of wrongdoing and maladministration in the Commonwealth public sector (26 June 2013) More...

Commission to review access to justice
Legal bodies have welcomed the announcement that the Productivity Commission will examine how to improve access to justice across Australia (21 June 2013) More...

In practice and courts

NSW Information and Privacy Commission: Privacy Commitment to diversity
The Commission has released three new action plans that represent our commitment to promoting and safeguarding the information access and privacy rights of the entire NSW community: The IPC Aboriginal Action Plan ; The IPC Disability Action Plan and The IPC Multicultural Services Plan (28 June 2013)

For public consultation: Big Data Strategy (draft) - reminder

Have your say on the broadcasting codes - get involved
Submissions close 15 July 2013. Hosted by the Australian Communications and Media Authority

Copyright and the digital economy - discussion paper

Submissions close 31 July 2013. Hosted by the Australian Law Reform Commission

Published – articles, papers, reports

Social media in the media: Australian media perceive social media as political tools
Author: Theresa Sauter, Axel Bruns; ARC Centre of Excellence for Creative Industries and Innovation (CCI): 04 July 2013
This report investigates how the political uses of social media are portrayed in the Australian mainstream media Social media in the media: Australian media perceive social media as political tools

Open source intelligence and privacy dilemmas: is it time to reassess state accountability?
Author: Quirine Eijkman, Daan Weggemans; Security and Human Rights (SHR): 08 April 2013
This article argues that the gathering of open source intelligence, such as through messages on social networking sites, weblogs, blogs or apps, demands proper checks and balances. Open source intelligence and privacy dilemmas: is it time to reassess state accountability?

'Mindful Journalism' – Introducing A New Ethical Framework For Reporting, July 4, 2013
Author: Mark Pearson, Centre for Law, Governance and Public Policy.
This is an abridged version of the conference paper presented to the Media, Religion and Culture division of the International Association for Media and Communication Research Conference, Dublin City University, June 29, 2013

Information Management and Privacy in the Public Sector
Keynote address by Prof John McMillan, Australian Information Commissioner to Data Governance for the Public Sector Conference, Canberra, 9 April 2013 (04 July 2013) Read more: Information Management and Privacy in the Public Sector

From annual reports to open data
Author: Professor John McMillan, Australian Information Commissioner
Address to the Institute of Public Administration Australia (ACT) Annual Reports Award Dinner, Canberra, 23 May 2013 (31 May 2013) Read more: From annual reports to open data

Papers, Reports & Surveys from the COAT Conference 2013: Effective Communication for Tribunals
Best practice in interpreting in tribunals: Current research and continuing problems (Dr Uldis Ozolins, University of Western Sydney)
Dialetic to dialogue - Communicating for justice in tribunals (A Prof Bernard McKenna)


D'Amore v Independent Commission Against Corruption [2013] NSWCA 187
ADMINISTRATIVE LAW - jurisdictional error - jurisdictional fact - sitting day relief entitlements - corrupt conduct - relevant considerations - scope of duty to provide reasons More...

Duncan v Ipp [2013] NSWCA 189
ADMINISTRATIVE LAW - apprehended bias - pre-judgment - Independent Commission Against Corruption (ICAC) - conduct of the Commissioner of the ICAC.
ADMINISTRATIVE LAW - apprehended bias - pre-judgment - conduct of the ICAC Commissioner - test for reasonable apprehension of bias - application of test to investigatory body - scope of Independent Commission Against Corruption Act 1988.
ADMINISTRATIVE LAW - apprehended bias - pre-judgment - conduct of the ICAC Commissioner - test for apprehended bias - Ebner v Official Trustee in Bankruptcy [2000] HCA 63; (2000) 205 CLR 337 - whether there was a logical connection between the conduct of the Commissioner and the alleged apprehended bias.
ADMINISTRATIVE LAW - apprehended bias - pre-judgment - conduct of the ICAC Commissioner - whether contact between the Commissioner, the Executive and Government Departments, advice provided by the Commissioner and the circumstances of providing such advice either separately or holistically established apprehended bias – leave to appeal granted.
Environmental Planning and Assessment Act 1979 Pt 3A, s 75V; Independent Commission Against Corruption Act 1988, s 2A, s 10, s 12, s 13, s 14, s 16, s 17, s 20, s 30, s 31, s 53, s 73, s 74, s 111, Schedule 1 More...

Austin v Honeywell Ltd [2013] FCCA 662
INDUSTRIAL LAW – Adverse action – whether the Privacy Act 1988 is a workplace law – reason for termination of employment More...

AKL v University of Western Sydney [2013] NSWADT 147
In accordance with subs 55(2) of the Privacy and Personal Information Protection Act 1998, the Tribunal determines not to take any action on the matter. Privacy - personal information held by an agency - review of conduct of agency alleged to be a contravention of the use and disclosure information protection principles concerning personal information - alleged unlawful access, use and disclosure of the applicant's personal information by an officer of the agency - whether conduct by the officer of the agency was for a non-agency purpose - whether alleged loss or damage suffered because of the alleged contravention by the agency More...



Acts assented to
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) Act 2013 No 47 — Assented to 25 June 2013

Regulations and other statutory instruments
The object of these Rules is to amend rule 4.2 of the Uniform Civil Procedure Rules 2005 to require originating processes and other documents filed on behalf of a person to state the email address of the solicitor representing the person or, if the person has no solicitor, the bperson's email address.
Uniform Civil Procedure Rules (Amendment No 60) 2013 (2013-374) — published LW 5 July 2013 Documents to be filed to contain certain information

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