Australia: NSW Government Bulletin - 9 October 2013

Last Updated: 11 October 2013
Most Read Contributor in Australia, September 2016

The issue of access to justice is a key theme of this fortnight's Government Bulletin. The Law and Justice Foundation of New South Wales has recently released various publications highlighting the difficulties that the disadvantaged, people with illness and disability face in obtaining access to justice. Access is considered at multiple levels, including recognising the challenges for government agencies in dealing with self-represented litigants. At the Commonwealth level, the Productivity Commissioner has announced a public inquiry into Australia's system of civil dispute resolution, with a focus on promoting access to justice and equality before the law. Against this background, the Australian Institute of Judicial Administration (AIJA) has issued a call for papers for its April 2014 conference "Assisting Unrepresented Litigants – A Challenge for Courts and Tribunals". The issues identified by the AIJA will be of particular relevance to government agencies.

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.

Upcoming Events

Join us on:

  • 29 October for a seminar on NSW Government Agencies as Model Litigants, presented by Christine Jones. Click here for more information and to register.
  • 12 November for a seminar on Statutory Interpretation: developments and recent case law, presented by Greg Wrobel. Click here for more information and to register.

In the media

NSW nurses told to behave after selfie scandal
NSW Health officials met last week to discuss enforcing the department's code of conduct and privacy policy. The code dictates that staff must "avoid conduct that could bring NSW Health or any of its staff, patients or clients into disrepute, including when using social media" (29 September 2013). More...

Jehovah's Witness teen loses appeal over life-saving transfusion
A Supreme Court judge rules a boy had to have the transfusion but his family appealed it, arguing that his maturity and competency should be enough to override the court's power. The Justice rejected the appeal but said the order would be removed when X turned 18 in January, allowing him to make the potentially life-or-death decision (27 September 2013). More...

ICAC finds security providers and public officials corrupt
The NSW ICAC has found that security service providers and public officials engaged in corrupt conduct in relation to work for several NSW public authorities including the University of Western Sydney (UWS), the Art Gallery of NSW (AGNSW) and the then Northern Sydney Central Coast Area Health Service (NSCCAHS) (26 September 2013). More...

Corrupt corrections officer supplied and used drugs, says ICAC
The NSW ICAC has found that NSW corrections officer Robert Di-Bona engaged in corrupt conduct by supplying steroids to a colleague and a former inmate, and that Mr Di-Bona attended work under the influence of prohibited drugs (26 September 2013). More...

ICAC to resume public inquiry into allegations concerning former City of Ryde Mayor
The NSW Independent Commission Against Corruption (ICAC) will resume its Operation Cavill public inquiry concerning allegations involving former City of Ryde Mayor Councillor Ivan Petch, and others, (20 September 2013). More...

Jamming trial to shut down contraband prison phones
Australia's first trial of mobile phone jamming in prison began today, in a major security initiative to shut down illicit phone use by inmates. The Minister for Justice said this is an important step forward for corrections in Australia as we combat illicit phone use in prisons, which has become a significant concern for jurisdictions around the world (24 September 2013). More...

In practice and courts

LJFNSW: New Access to Justice Publications
The Law and Justice Foundation of New South Wales (LJFNSW) has released the following publications relating to access to justice (September 2013):

Justice Issues Paper 17: Law and disorders: illness/disability and the experience of everyday problems involving the law ( further information)

Who is the 'other side' in legal problems and disputes in Australia?

Productivity Commission's Inquiry into Access to Justice Services
The end of October 2013 in the closing date for comments on the Productivity Commission's Inquiry into Access to Justice Services. More...

This issues paper is intended to assist people preparing a submission to the Productivity Commission's new inquiry examining the current costs of accessing justice services and securing legal representation, and the impact of these costs on access to justice.

Access to justice arrangements

Assisting Unrepresented Litigants - A Challenge for Courts and Tribunals 2014
The Australasian Institute of Judicial Administration (AIJA) welcomes the submission of abstracts of papers for consideration for the upcoming conference

* 2014 Assisting Unrepresented Litigants - A Challenge for Courts and Tribunals - CALL FOR PAPERS

CTTT Facts and statistics
The CTTT regularly collects data to help manage its case workload and to monitor operational performance against our customer service standards. Key facts and statistics for the 2012-2013 financial year have now been released (16 September 2013).


IPC NSW: Transborder Disclosures – Privacy Code of Practice
The Privacy Commissioner has commenced consultation with NSW public sector agencies regarding a draft Privacy Code of Practice dealing with trans-border disclosures of personal information under section 19(4) of the Privacy and Personal Information Protection Act 1998. Submissions close on 1 October 2013 and email us for a copy of the draft Code of Practice (17 September 2013)

NSW Sentencing Council: Now consulting: Standard Minimum Non-Parole Periods

The Council is reviewing standard minimum non-parole periods. A consultation paper has been released for community consultation. Responses are due by 25 October 2013.

Published – articles, papers, reports

Investigation into the possession and supply of steroids and other matters involving a Corrective Services NSW (CSNSW) corrections officer

ICAC NSW; released 26 September 2013

The Commission finds that, in December 2012 and February 2013, Mr Di-Bona supplied prescribed restricted substances (steroids) to fellow CSNSW officer, Christopher Warren, for cash payment

Investigation report

Investigation into allegations of corrupt conduct in the provision of security products and services by suppliers, installers and consultants

ICAC NSW; released 26 September 2013

The Commission finds that security industry consultant, Daniel Paul, security systems installer and integrator Kings Security Group Pty Ltd directors Peter (Charles) Diekman and Peter Roche, NSCCAHS employee Robert Huskic, Q Video Systems' (QVS) Paul Thompson, Kings employee David McMicking and Austek Security managing director Jonathan Nguyen engaged in corrupt conduct. View full report

Corruption offences NSW

NSW Parliamentary Research Service; 24 September 2013

This e-brief begins with an outline of ICAC's role in investigating corruption. It then examines the main criminal offences in NSW that target corruption. Next, it refers to the recent ICAC findings in relation to the former Minister, Ian Macdonald. This paper also discusses past proposals to reform corruption offences in NSW and Australia Corruption offences

Government advertising 2012-13

Audit Office of New South Wales; 23 September 2013

This audit reviews two advertising campaigns by government agencies in New South Wales and finds that they complied with the relevant laws. More...

Crimes Amendment (Zoe's Law) Bill 2013 (No 2) NSW

NSW Parliamentary Research Service; 24 September 2013

This e-brief provides commentary on the Crimes Amendment (Zoe's Law) Bill 2013 (No 2) , a Private Member's Bill introduced in the Legislative Assembly on 29 August 2013 by Mr Chris Spence.

Crimes Amendment (Zoe's Law) Bill 2013 (No 2).


Gaudie v Local Court of New South Wales and Anor [2013] NSWSC 1425

COURTS AND JUDGES - apprehended bias - claim for prerogative or appellate relief following refusal by Magistrate to disqualify himself - application that Magistrate disqualify himself on ground of apprehended bias - application refused by Magistrate - factors relevant to disqualification application - material known to fair-minded bystander - relevance of Guide to Judicial Conduct - relevance of judicial oath - relevance of judicial statements concerning domestic violence in Aboriginal communities - relevance of comments made by Magistrate in peremptorily dismissing disqualification application in another matter - comments of Magistrate in letter and interview expressed in vehement and trenchant terms - cumulative effect of matters complained of - errors of law in decision refusing application - apprehended bias established - prohibition granted.


O'Shane v Harbour Radio Pty Ltd [2013] NSWCA 315

TORTS - defamation - judicial officer suing in respect of criticism of her performance of her judicial function - defence of truth - Uniform Civil Procedure Rules 2005, r 1.21 - questions referred to Court of Appeal - whether the defence of truth is precluded by the principle of judicial immunity - consequences for the proceedings

TORTS - defamation - judicial officer suing in respect of criticism of her performance of her judicial function - defence of truth - Uniform Civil Procedure Rules 2005, r 1.21 - questions referred to Court of Appeal - whether the defendants defence of truth constitutes an abuse of process as inconsistent with the principle of finality

TORTS - defamation - whether a judicial officer is barred from bringing defamation proceedings with respect to defamatory publications relating to criticism of the performance of a judicial officer's judicial function

CONSTITUTIONAL LAW - operation and effect of the Commonwealth Constitution - Uniform Civil Procedure Rules 2005, r 1.21 - questions referred to Court of Appeal - whether the principle of judicial immunity is consistent with the implied freedom of political communication - whether discussion about the discharge by a judicial officer of the judicial function in a particular case is a discussion concerning political or governmental matters

PROCEDURE - questions referred to Court of Appeal before trial - amendments to pleadings in appeal court - whether questions should be answered.




Regulations and other statutory instruments
Allocation of the Administration of Acts 2013 (No 4—Amendment) (2013-544) — published LW 20 September 2013

Crimes (Administration of Sentences) Amendment (Community Corrections) Regulation 2013 (2013-546) — published LW 20 September 2013

Bills introduced etc Government

The object of this Bill is to amend the Crimes (Sentencing Procedure) Act 1999 with respect to the setting of standard non-parole periods for offences.

Crimes (Sentencing Procedure) Amendment (Standard Non-parole Periods) Bill 2013


The Anti-Discrimination Act 1977 currently exempts private educational authorities from provisions of the Act that make it unlawful for an educational authority to discriminate against a student or prospective student on the grounds of sex, marital or domestic status, disability, homosexuality or age or on transgender grounds. Private educational authorities include all non-government institutions at which education or training is provided, such as private schools, business and coaching colleges and private universities.

The object of this Bill is to remove these exemptions for private educational authorities.

Anti-Discrimination Amendment (Private Educational Authorities) Bill 2013

Acts assented to

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.

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

Police Integrity Commission and Independent Commission Against Corruption Legislation Amendment (Inspectors) Act 2013 No 72 — Assented to 24 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.

To print this article, all you need is to be registered on

Click to Login as an existing user or Register so you can print this article.

Some comments from our readers…
“The articles are extremely timely and highly applicable”
“I often find critical information not available elsewhere”
“As in-house counsel, Mondaq’s service is of great value”

Mondaq Advice Centre (MACs)
Up-coming Events Search
Font Size:
Mondaq on Twitter
Register for Access and our Free Biweekly Alert for
This service is completely free. Access 250,000 archived articles from 100+ countries and get a personalised email twice a week covering developments (and yes, our lawyers like to think you’ve read our Disclaimer).
Email Address
Company Name
Confirm Password
Mondaq Topics -- Select your Interests
 Law Performance
 Law Practice
 Media & IT
 Real Estate
 Wealth Mgt
Asia Pacific
European Union
Latin America
Middle East
United States
Worldwide Updates
Check to state you have read and
agree to our Terms and Conditions

Terms & Conditions and Privacy Statement (the Website) is owned and managed by Mondaq Ltd and as a user you are granted a non-exclusive, revocable license to access the Website under its terms and conditions of use. Your use of the Website constitutes your agreement to the following terms and conditions of use. Mondaq Ltd may terminate your use of the Website if you are in breach of these terms and conditions or if Mondaq Ltd decides to terminate your license of use for whatever reason.

Use of

You may use the Website but are required to register as a user if you wish to read the full text of the content and articles available (the Content). You may not modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, link, display, or in any way exploit any of the Content, in whole or in part, except as expressly permitted in these terms & conditions or with the prior written consent of Mondaq Ltd. You may not use electronic or other means to extract details or information about’s content, users or contributors in order to offer them any services or products which compete directly or indirectly with Mondaq Ltd’s services and products.


Mondaq Ltd and/or its respective suppliers make no representations about the suitability of the information contained in the documents and related graphics published on this server for any purpose. All such documents and related graphics are provided "as is" without warranty of any kind. Mondaq Ltd and/or its respective suppliers hereby disclaim all warranties and conditions with regard to this information, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement. In no event shall Mondaq Ltd and/or its respective suppliers be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use or performance of information available from this server.

The documents and related graphics published on this server could include technical inaccuracies or typographical errors. Changes are periodically added to the information herein. Mondaq Ltd and/or its respective suppliers may make improvements and/or changes in the product(s) and/or the program(s) described herein at any time.


Mondaq Ltd requires you to register and provide information that personally identifies you, including what sort of information you are interested in, for three primary purposes:

  • To allow you to personalize the Mondaq websites you are visiting.
  • To enable features such as password reminder, newsletter alerts, email a colleague, and linking from Mondaq (and its affiliate sites) to your website.
  • To produce demographic feedback for our information providers who provide information free for your use.

Mondaq (and its affiliate sites) do not sell or provide your details to third parties other than information providers. The reason we provide our information providers with this information is so that they can measure the response their articles are receiving and provide you with information about their products and services.

If you do not want us to provide your name and email address you may opt out by clicking here .

If you do not wish to receive any future announcements of products and services offered by Mondaq by clicking here .

Information Collection and Use

We require site users to register with Mondaq (and its affiliate sites) to view the free information on the site. We also collect information from our users at several different points on the websites: this is so that we can customise the sites according to individual usage, provide 'session-aware' functionality, and ensure that content is acquired and developed appropriately. This gives us an overall picture of our user profiles, which in turn shows to our Editorial Contributors the type of person they are reaching by posting articles on Mondaq (and its affiliate sites) – meaning more free content for registered users.

We are only able to provide the material on the Mondaq (and its affiliate sites) site free to site visitors because we can pass on information about the pages that users are viewing and the personal information users provide to us (e.g. email addresses) to reputable contributing firms such as law firms who author those pages. We do not sell or rent information to anyone else other than the authors of those pages, who may change from time to time. Should you wish us not to disclose your details to any of these parties, please tick the box above or tick the box marked "Opt out of Registration Information Disclosure" on the Your Profile page. We and our author organisations may only contact you via email or other means if you allow us to do so. Users can opt out of contact when they register on the site, or send an email to with “no disclosure” in the subject heading

Mondaq News Alerts

In order to receive Mondaq News Alerts, users have to complete a separate registration form. This is a personalised service where users choose regions and topics of interest and we send it only to those users who have requested it. Users can stop receiving these Alerts by going to the Mondaq News Alerts page and deselecting all interest areas. In the same way users can amend their personal preferences to add or remove subject areas.


A cookie is a small text file written to a user’s hard drive that contains an identifying user number. The cookies do not contain any personal information about users. We use the cookie so users do not have to log in every time they use the service and the cookie will automatically expire if you do not visit the Mondaq website (or its affiliate sites) for 12 months. We also use the cookie to personalise a user's experience of the site (for example to show information specific to a user's region). As the Mondaq sites are fully personalised and cookies are essential to its core technology the site will function unpredictably with browsers that do not support cookies - or where cookies are disabled (in these circumstances we advise you to attempt to locate the information you require elsewhere on the web). However if you are concerned about the presence of a Mondaq cookie on your machine you can also choose to expire the cookie immediately (remove it) by selecting the 'Log Off' menu option as the last thing you do when you use the site.

Some of our business partners may use cookies on our site (for example, advertisers). However, we have no access to or control over these cookies and we are not aware of any at present that do so.

Log Files

We use IP addresses to analyse trends, administer the site, track movement, and gather broad demographic information for aggregate use. IP addresses are not linked to personally identifiable information.


This web site contains links to other sites. Please be aware that Mondaq (or its affiliate sites) are not responsible for the privacy practices of such other sites. We encourage our users to be aware when they leave our site and to read the privacy statements of these third party sites. This privacy statement applies solely to information collected by this Web site.

Surveys & Contests

From time-to-time our site requests information from users via surveys or contests. Participation in these surveys or contests is completely voluntary and the user therefore has a choice whether or not to disclose any information requested. Information requested may include contact information (such as name and delivery address), and demographic information (such as postcode, age level). Contact information will be used to notify the winners and award prizes. Survey information will be used for purposes of monitoring or improving the functionality of the site.


If a user elects to use our referral service for informing a friend about our site, we ask them for the friend’s name and email address. Mondaq stores this information and may contact the friend to invite them to register with Mondaq, but they will not be contacted more than once. The friend may contact Mondaq to request the removal of this information from our database.


This website takes every reasonable precaution to protect our users’ information. When users submit sensitive information via the website, your information is protected using firewalls and other security technology. If you have any questions about the security at our website, you can send an email to

Correcting/Updating Personal Information

If a user’s personally identifiable information changes (such as postcode), or if a user no longer desires our service, we will endeavour to provide a way to correct, update or remove that user’s personal data provided to us. This can usually be done at the “Your Profile” page or by sending an email to

Notification of Changes

If we decide to change our Terms & Conditions or Privacy Policy, we will post those changes on our site so our users are always aware of what information we collect, how we use it, and under what circumstances, if any, we disclose it. If at any point we decide to use personally identifiable information in a manner different from that stated at the time it was collected, we will notify users by way of an email. Users will have a choice as to whether or not we use their information in this different manner. We will use information in accordance with the privacy policy under which the information was collected.

How to contact Mondaq

You can contact us with comments or queries at

If for some reason you believe Mondaq Ltd. has not adhered to these principles, please notify us by e-mail at and we will use commercially reasonable efforts to determine and correct the problem promptly.