Australia: NSW Government Bulletin - 25 September 2013

Last Updated: 26 September 2013
Most Read Contributor in Australia, September 2016

In the past fortnight the New South Wales Government has announced reforms to the state's cloud computing policy arrangements, affecting departments and agencies. The policy articulates that NSW agencies and departments will now be required to evaluate cloud based technologies in future IT purchases. The new policy also outlines the privacy and security considerations that must be relied upon when evaluating specific cloud providers. With privacy a key topic this week in the government bulletin, the NSW Privacy Commissioner, Dr Coombs has recently highlighted the importance of public debate around privacy issues and has nominated NSW public sector agencies as needing to maintain the highest standards of privacy protection.

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. Membership is open to lawyers employed in the public sector.

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In the media

NSW agencies covered by new cloud policy
The New South Wales government has added to a downpour of public sector cloud computing policy announcements in the past week, revealing the state's departments and agencies will now be compelled to put the popular technology into the mix for assessment when making technology purchases. More...

Law Reform Commission Report on Sentencing
The Attorney General has tabled the Law Reform Commission's report on Sentencing and released the Government's interim response. The Government has already adopted the Commission's recommendation on Standard Non-Parole Periods and asked the Sentencing Council to make recommendations about the offences to be included in the Standard Non-Parole Period table. (12 September 2013) More...

Commissioner urges public debate
NSW Privacy Commissioner Dr Elizabeth Coombs has stressed the importance of public debate around privacy issues and encouraged NSW public sector agencies to ensure they maintain good privacy practices (10 September 2013). More...

NSW veil laws problematic: report
The NSW Ombudsman report, tabled to parliament, reviewed 2011 legislation that requires people to uncover their face for identification purposes. The law was introduced after a 2010 legal stoush in which a woman was accused of falsely claiming a police officer tried to remove her niqab during a traffic stop. Overall, the Ombudsman found the use of the new law was infrequent and largely uncontroversial (10 September 2013) Identification Legislation Amendment Act 2011 (No 45)

Porn emails at work not automatic sacking offence, Fair Work Commission rules
Sending pornography through the work email system is not an automatic sacking offence, the Fair Work Commission has ruled (04 September 2013). More...

NSW Electoral Commission puts word on councils over DIY polls

The New South Wales Department of Premier and Cabinet (DPC) has issued all councils across the state with the set of formalised words that are now required to be used when contracting-in the NSW Electoral Commission (NSWEC) to run their elections, referenda or polls. More...

NSW: NSW SES probed by corruption body: report
The NSW State Emergency Service is reported to be under investigation by the corruption watchdog over allegations it misused millions of dollars of funds. More...

In practice and courts

CTTT new mobile hearing lists
Using this mobile ready technology you will be able to search hearing lists for the next 14 days by selecting a hearing venue, searching by the file number, or searching by the party name (13 September 2013) Learn more about the CTTT's mobile ready online hearing lists.

ICAC: Operation Cavill public inquiry to resume
The ICAC will resume its Operation Cavill public inquiry concerning allegations involving City of Ryde Mayor Councillor Ivan Petch, and others, on Friday 20 September 2013 (30 August 2013)

Operation Cavill public inquiry to resume 20 September 2013

Conferences and Events 2013

NSW Chapter Annual Conference
Join us at the Amora Hotel Jamison Sydney on Friday 13 September 2013 for the COAT (NSW) Annual Conference. More...

Call for papers: Assisting Unrepresented Litigants – a Challenge for Judicial Administration
The Australasian Institute of Judicial Administration (AIJA) conference will be held 15-17 April 2014, G Coogee Beach. Those submitting abstracts or panel proposals will be advised whether their paper/panel has been accepted as soon as possible. Those presenting papers will be required to register for the conference. More...

Published – articles, papers, reports

Clinicians and their cameras: policy, ethics and practice in an Australian tertiary hospital
Kara Burns A C and Suzanne Belton; CSIRO

About half of all doctors and nurses take photos of patients in hospital – and one in five using their personal smartphone. Study author and researcher at RMIT University in Melbourne Kara Burn. More...

NSW Government Cloud Services Policy and Guidelines
The NSW Government has identified the adoption of cloud-based ICT services as a key factor in driving better value ICT investment and improving the agility, scalability and reliability of ICT services. More...

Sentencing: Report 139
Law Reform Commission

Pursuant to section 10 of the Law Reform Commission Act 1967, the Law Reform

Commission reviewed the Crimes (Sentencing Procedure) Act 1999. The Attorney General tabled the report on sentencing on 12 September 2013. More...

Companion report: sentencing - patterns and statistics : report 139a
Law Reform Commission

This is a comprehensive summary of the research on sentencing as well as an overview of sentencing statistics. The information underpins the recommendations in the report. More...

Keeping the AAT from Becoming a Court (1)
The Hon. Justice Duncan Kerr; AIAL (NSW)Seminar, Sydney 27 August 2013

Little has been written about how an administrative tribunal that is 'not bound by the rules of evidence' exercising merits review best can be informed about facts and opinions relevant to its functions. More...


Cornerstone Legal Pty Ltd and Australian Securities and Investments Commission [2013] AICmr 71

Freedom of information – Public interest conditional exemption for business affairs – Whether disclosure could prejudice the future supply of information – Whether disclosure would be contrary to public interest – (CTH) Freedom of Information Act 1982 s 47G

Freedom of information – Public interest conditional exemption for agency operations – (CTH) Freedom of Information Act 1982 s 47E More...

Combined Pensioners and Superannuants Association of NSW Inc and Deputy Prime Minister and Treasurer [2013] AICmr 70

Freedom of information — Whether document contains deliberative matter — Whether contrary to public interest to release conditionally exempt document — (CTH) Freedom of Information Act 1982 ss 11A(5), 47C More...

Sweeney and Australian Securities and Investments Commission [2013] AICmr 68

Freedom of information — Request for access to documents —Whether documents subject to legal professional privilege — Whether disclosure would disclose commercially valuable information — Whether disclosure would have a substantial adverse effect on the proper and efficient conduct of the operations of an agency — Whether disclosure would unreasonably affect business affairs — Whether premature release of documents would be contrary to the public interest — (CTH) Freedom of Information Act 1982 ss 21, 42, 47, 47E, 47G More...



Proclamations commencing Acts

Powers of Attorney Amendment Act 2013 No 23 (2013-530) — published LW 13 September 2013

Regulations and other statutory instruments

Powers of Attorney Amendment Regulation 2013 (2013-531) — published LW 13 September 2013

Bills introduced etc Government

Crimes and Courts Legislation Amendment Bill 2013

To amend various criminal and evidence Acts such as the Coroners Act 2009, the Crimes (Appeal and Review Act) 2001, Criminal Procedure Act 1986 and the Evidence Act to incorporate minor amendments relating to various aspects of the Acts.

Police Integrity Commission and Independent Commission Against Corruption Legislation Amendment (Inspectors) Bill 2013

To enable the Governor to appoint an Assistant Inspector for the Police Integrity Commission and for the to hold office as Inspector of the Independent Commission Against Corruption as well as amending the Police Integrity Commission Act 1996 and the Public Interest Disclosure Act 1994 to ensure that the Ombudsman deals with investigations of the above persons.

Bills passed by both Houses of Parliament

Crimes Amendment (Terrorism) Bill 2013

The object of this Bill is to amend the Crimes Act 1900 to extend the date until which membership of a terrorist organisation is an offence under the Act from 13 September 2013 to 13 September 2016.

Royal Commissions and Ombudsman Legislation Amendment Bill 2013

To allow for the protection of the indentify of persons who make a report under the Children and Young Persons (Care and Protection) Act 1998 and to enable the giving of evidence and production of documents at the Royal Commission.

Acts assented to

Crimes Amendment (Terrorism) Act 2013 No 64 — Assented to 12 September 2013

Royal Commissions and Ombudsman Legislation Amendment Act 2013 No 65 — Assented to 12 September 2013

For the full text of Bills, and details on the passage of Bills, see Bills.

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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