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It has been a sensational fortnight with the ICAC publishing its findings in operations Indus and Jasper. These matters will continue to engage the public, and we expect to be following them, for some time yet.
Somewhat less sensational, but nonetheless of interest, is a decision of the Copyright Tribunal of Australia in Copyright Agency Limited v State of New South Wales [2013] ACopyT 1, where the Tribunal was asked, pursuant to s.183(5) of the Copyright Act 1968 (Cth), to determine the rate of remuneration that the State of New South Wales should pay to the owners of copyright in survey plans for providing, for a fee, copies of registered survey plans by hard copy over the counter or by electronic communication. The decision provides an interesting insight into the work of surveyors and the LPI in producing and registering survey plans. In fixing a royalty, the Tribunal noted the unusual circumstances where both the surveyors and the LPI had already recovered the cost of producing and providing the plans, the State was obtaining a return on the capital it had invested in the LPI which depends on the use of the plans and that any award by the Tribunal would be passed through as a direct distributed cost under Treasury's Guidelines for Pricing of User Charges.
A final call for registrations for the next seminar in our Government Lawyers Seminar Series, to be presented by Greg Wrobel of Holding Redlich next Thursday 22 August 2013 at 12.45pm. 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
ICAC Inquiry: Obeid engaged in corrupt
conduct
The NSW Independent Commission Against Corruption (ICAC) has found
that Moses Obeid engaged in corrupt conduct in relation to the
provision of a $10,800 benefit in 2007 to the then Hon Eric
Roozendaal MLC.
More...
ICAC Inquiry: Corrupt conduct relating to Mount Penny
mining tenement
The NSW Independent Commission Against Corruption (ICAC) has found
that Ian Macdonald, the Hon Edward Obeid MLC (Edward Obeid Sr),
Moses Obeid, Travers Duncan, John McGuigan, John Atkinson, John
Kinghorn and Richard Poole engaged in corrupt conduct in relation
to their actions involving the Mount Penny mining tenement in the
Bylong Valley.
More...
In practice and courts
OAIC: Consultation on EDR scheme recognition
guidelines
The OAIC is seeking comments on draft Guidelines for recognition of
external dispute resolution (EDR) schemes under the Privacy Act.
The Guidelines cover how the OAIC will recognise EDR schemes and
the steps EDR schemes should take to apply for recognition. The
consultation period ends on Friday 30 August 2013. Read more:
Consultation information package (01 August 2013)
COAT NSW Annual Conference, 13 September
2013
Theme: access and capability and includes keynote address: Non
-Publication, Suppression Orders and Open Justice: Can They Co
-Exist? by Kate McClymont, SMH investigative journalist.
More...
Referendums Project: Project Director: Paul
Kildea
The proposal is to amend section 96 of the Australian Constitution
to give the Commonwealth the power to directly fund local
government bodies, rather than having to provide such funding
indirectly through the States as conduits. The Centre has produced
a comprehensive information and resources page, which will be
updated throughout the year as the campaign progresses (see http://www.gtcentre.unsw.edu.au/resources/referendums
)
Published – articles, papers, reports
Selective disclosure of confidential, price-sensitive
information
A speech by John Price, Commissioner, Australian Securities and
Investments Commission to the Australasian Investor Relations
Association, Sydney, 31 July 2013
Selective disclosure of confidential, price-sensitive information
Whistleblower protection: the larger, more difficult,
conversation
Author: Gabrielle Appleby; Inside Story
Would Australia's new whistleblower laws protect leaks like those made by Edward Snowden (30 July 2013) Whistleblower protection: the larger, more difficult, conversation
The economic impact of cybercrime and cyber
espionage
Source: James Andrew
Lewis, Stewart
Baker; Center for Strategic and International Studies
(CSIS)
Is cybercrime, cyber espionage, and other malicious cyber activities what some call "the greatest transfer of wealth in human history," or is it what others say is a "rounding error in a fourteen trillion dollar economy?" (22 July 2013)
The economic impact of cybercrime and cyber espionage
Cases
Copyright Agency Limited v State of New South Wales [2013] ACopyT 1
COPYRIGHT – Equitable remuneration – Government use of artistic works – Survey plans – Use for State land title registration system – Remuneration for non-government use of artistic works
COPYRIGHT – Reproduction – Distinction between reproduction and electronic communication – Treatment of reproduction and communication on the same basis – Whether appropriate in particular circumstances
COPYRIGHT – Equitable remuneration – Distinction between compensation for the provision of survey plans and remuneration for use of copyright works – Economic justification for charging for use of copyright works – State economic policies
Battersby and NBN Co Ltd [2013] AICmr 61
Freedom of information — Commercial activities — Whether documents are in respect of commercial activities of NBN Co — (CTH) Freedom of Information Act 1982 ss 7(2), 7(3A), 7(4); Schedule 2, Part II. More...
Regional Express Holdings Limited v Dubbo City Council (No 2) [2013] NSWLEC 113
JUDICIAL REVIEW - motion under r 59.10 of Uniform Civil Procedure Rules 2005 to extend time to commence judicial review proceedings, to provide reasons for challenged decisions under r 59.9, and to amend summons - whether Part 59 of UCPR applied retrospectively to an earlier administrative decision. More...
Levi v Companies Auditors and Liquidators Disciplinary Board [2013] FCA 719
ADMINISTRATIVE LAW – review of decision of Administrative Appeals Tribunal to refuse stay of decision pursuant to s 41(2) of the Administrative Appeals Tribunal Act 1975 (Cth) – decision of Companies Auditors and Liquidators Disciplinary Board to cancel applicant's registration as liquidator – jurisdictional error – failure of AAT to deal adequately with prospects of success in stay application – failure to take into account relevant mandatory consideration of prospects of success and prejudice to criminal trial
PRACTICE AND PROCEDURE – stay application – public interest consideration – possibility of prejudice to criminal trial
PRACTICE AND PROCEDURE – suppression order – non-publication order – whether necessary to prevent prejudice to the proper administration of justice – whether to suppress whole judgment More...
Legislation
New South Wales
Public Governance, Performance and Accountability Act 2013 (No 123)
Assent 29/06/2013 - An Act about the governance, performance and accountability of, and the use and management of public resources by, the Commonwealth, Commonwealth entities and Commonwealth companies, and for related purposes. More...
Public Interest Disclosure Act 2013 (No 133)
Assent 15/07/2013 - An Act to facilitate disclosure and investigation of wrongdoing and maladministration in the Commonwealth public sector, and for other purposes. More...
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