Australia: NSW Government Bulletin - 31 July 2013

Last Updated: 2 August 2013
Most Read Contributor in Australia, September 2016

To start a conversation about Government Bulletin or issues of interest to NSW government lawyers, join the LinkedIn group NSW Government Lawyers by clicking on this link.

In our 3 July edition we reported on the preparation of a paper on the use of social media from courts. That report has now been published and provides an interesting window into the thoughts of the 62 judges, magistrates, tribunal members, court officers and academics who took part in the research project. Whilst the group noted many issues of concern, a number of opportunities to use social media to enhance the courts' role were also identified.

If you weren't able to attend Lyn Nicholson's seminar today on the implications of the Shoalhaven City Council privacy decision on practice and procedure of Privacy and Personal Information Protection Act 1998 (NSW) (PIPA) regulated agencies in the context of privacy reforms and would like a copy of the paper, please contact us to request a copy of the seminar materials.

Join us on 22 August 2013 at 12.45pm for the next seminar in our Government Lawyers Seminar Series, presented by Greg Wrobel of Holding Redlich. Greg will be presenting on merits review applications, including issues which commonly arise in practice for government lawyers and developments in the area. Follow this link to register.

In the media

A Google Glass half full
The global launch of Google Glass has already raised questions about how this gadget could run roughshod over our right to privacy. The glasses can take photos and video and regulators are worried Google Glass wearers will intentionally or accidentally record video and audio conversations without the consent of those being recorded (18 July 2013) More...

New Facebook settings expose police officers, soldiers
A new Facebook search function reveals the private details of police, military personnel and public servants. 'Graph search' is being rolled out across the social media site and allows people to "discover fun connections" online (17 July 2013) More...

Most Australian firms 'vulnerable' to BYOD risks
Many businesses are ignoring BYOD policies and simple security steps such as employee education, new research shows. A new survey from backup and storage company Acronis and the Ponemon Institute reveals that a majority of Australian companies are putting critical data at risk by not having secure bring-your-own-device (BYOD) policies in place (18 July 2013) More...

BYOD a minefield for data theft
Personal mobile devices are increasingly infiltrating the business world but 57 per cent of local organisations are in danger of data theft with no usage policies in place, a new survey shows. Around 75 per cent of participants said they didn't have a public cloud policy and 78 per cent didn't train staff to use these platforms properly (17 July 2013) More...

Space invaders - drones to fill the skies
Governments face a nightmare in framing law for UAVs. The potential of neighbours to spy on one another has raised concerns about privacy as has the need for laws governing airspace (18 July 2013) More...

Allianz looks to cash in with computer hacking insurance
Europe's biggest insurer Allianz is predicting growing corporate demand for insurance against computer hacking and internet breakdowns. Insuring against cyber threats is seen as a potentially lucrative market for Europe's insurers, particularly now that lawmakers are promising bigger fines for companies that lose data (11 July 2013) More...

Courts and Social Media Project In the Judicial Officers' Bulletin
Detailing the research methodology which employed nominal group technique, the various findings that emerged from the research, and the issue of aborted trials due to juror misuse of social media, the article reflects on the ubiquity of social media and its increasing impact on court processes and the continuing administration of justice (10 July 2013) More...

In practice and courts

Interactive Advertising Bureau (IAB): new guidelines on social media comment moderation
These guidelines and accompanying commentary set out recommendations for how organisations should moderate user generated comments that are posted to social media channels. It highlights the tools made available by the social media platform operators, identifies good business practice with respect to moderating user comments and general guidance around how to manage these conversations (17 July 2013) new guidelines on social media comment moderation.

For public consultation: Big Data Strategy (draft) - reminder
Copyright and the digital economy - discussion paper31
Submissions close 31 July 2013. Hosted by the Australian Law Reform Commission

Published – articles, papers, reports

The courts and social media: what do judges and court workers think?
Author: Patrick Keyzer et al; Judicial Officers Bulletin, No 25, No 6, 2013
This article reports on the findings of a research project that examined the impact and issues arising from the use of social media in court (July 2013) More...

''Officers of the Commonwealth' in the Private Sector: Can the High Court Review Outsourced Exercises of Power?'
Author: Janina Boughey and Greg Weeks
University of New South Wales Law Journal, No 36 2013: pp316-357


AEC v Commissioner of Police NSW Police Force (GD) [2013] NSWADTAP 30
JURISDICTION - PRIVACY - Disclosure by Police of complainant's old criminal record to another person - Whether Privacy and Personal Information Protection Act 1998 applicable to Police Force - Tribunal held not - Appeal - Construction and application of section 27 - Appeal dismissed. Privacy and Personal Information Protection Act 1998, s 27 More...

Hula v Commissioner of Police NSW Police Force [2013] NSWADT 153
Government information - personal information - missing documents - police notebooks - adequacy of search - Government Information (Public Access) Act 2009; Freedom of Information Act 1989; Privacy and Personal Information Protection Act 1998 More...



Public Interest Disclosure Act No 133 of 2013
Assent 15/07/2013 Commencement 14/01/2014 Sections 3 to 83 - A single day to be fixed by Proclamation.15/07/2013 Sections 1 and 2 and anything in this Act not elsewhere covered by this table - The day this Act receives the Royal Assent.

The Public Interest Disclosure Act 2013 (the Act) will establish a legislative scheme to investigate allegations of wrongdoing in the Commonwealth public sector and provide robust protections for current or former public officials who make qualifying public interest disclosures under the scheme More...

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