Australia: NSW Government Bulletin - 23 October 2013

Last Updated: 25 October 2013
Most Read Contributor in Australia, September 2016

ICAC has announced a public inquiry commencing on 28 October 2013 as part of three investigations concerning the activities of the former MP, the Hon Edward Obeid, against whom findings of corruption have already been made in Operation Jasper. The Commission is investigating allegations that Mr Obeid misused his position as an MP to influence other public officials:

  • to exercise their official functions with respect to detail leases at Circular Quay (Operation Cyrus);
  • to make decisions favouring Direct Health Solutions Pty Limited (Operation Meeka); and,
  • to exercise their official functions with respect to the review and grant of water licences at Cherrydale Park (Operation Cabot),

without disclosing that he, his family or related entities had an interest in those matters. Assistant Commissioner Anthony Whealy has been appointed to hear the allegations. Counsel Assisting the Commission will be Mr Ian Temby QC and Mr Ben Katekar.

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In the media

Eddie Obeid faces three new ICAC inquiries
The Independent Commission Against Corruption will hold three further inquiries into the activities of former Labor politician Eddie Obeid. Because of this earlier corruption finding, ICAC has appointed retired Supreme Court Judge Anthony Whealy to preside over the fresh Obeid matters (03 October 2013). More...

Indigenous disadvantage does not diminish over time, High Court rules
Disadvantage caused by a person's Indigenous heritage does not diminish over time and should be taken into account in sentencing of criminal offences, the High Court has found (02 October 2013). More...

CSIRO scientist Dr David McDonald wins compensation for Wi-Fi pain
In a case that could set a precedent for workers' compensation cases, the Administrative Appeals Tribunal (AAT) ruled that the federal government's insurer, Comcare, should compensate Dr McDonald for "aggravation of a condition of nausea, disorientation and headaches'' (30 September 2013). More...

In practice and courts

NSW Law Reform Commission: Parole: Release of Question Papers

The Commission has released three Question Papers on parole for public comment. The closing date for submissions is Friday 1 November 2013 (October 2013). More...

ICAC Public inquiry: alleged attempts by the former Hon Edward Obeid MLC to influence official functions over Circular Quay retail leases, and other matters

The ICAC will hold a public inquiry commencing on Monday 28 October 2013 (03 October 2013). More...

ICAC Public inquiry: allegations concerning conduct of heavy vehicle assessments

The ICAC will hold a public inquiry commencing on Wednesday 16 October 2013 (02 October 2013). More...

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.


Lee v New South Wales Crime Commission [2013] HCA 39

Appeal dismissed with costs.

Statutes – Interpretation – Recovery of proceeds of crime – Examination orders – Appellants charged with offences – New South Wales Crime Commission applied for orders that appellants be examined on oath pursuant to s 31D of the Criminal Assets Recovery Act 1990 (NSW) – Subject matter of examination would have overlapped with subject matter of criminal proceedings – Whether s 31D empowered examination of person charged with offences where subject matter of examination would overlap with subject matter of offences charged.

Words and phrases – "accusatorial system of criminal justice", "derivative use immunity", "direct use immunity", "examination", "fair trial", "principle of legality", "privilege against self-incrimination", "real risk of interference with the administration of justice", "right to silence", "serious crime related activity".

Criminal Assets Recovery Act 1990 (NSW), ss 12, 13, 13A, 31D, 63. More...

Save Little Manly Beach Foreshore Incorporated v Manly Council (No 2) [2013] NSWLEC 156

JUDICIAL REVIEW - claim to prevent council selling land on basis that under Local Government Act 1993 it is classified as community land, which council has no power to sell - re land vested in council as at 1 July 1993, whether 1994 resolution classifying it as operational land beyond power because deemed to be community land under cl 6(2)(b) Sch 7 - whether presumption rebuttable and rebutted - whether advance public notice of 1994 resolution as required by s 34 - re land acquired by Council after 1 July 1993 by agreement as contemplated by local environmental plan and Land Acquisition (Just Terms compensation) Act 1919, whether 1998 resolution classifying it as operational land beyond power because inconsistent with terms of trust or instrument executed by transferor as provided in s 31(3)(b) - whether advance public notice of 1998 resolution as required by s 34 - whether resolutions invalid under Project Blue Sky principles - whether Council has defence under s 54 on basis of power to issue conclusive certificate as to classification given that s 53 land register records the subject land as operational - whether proceedings barred by time limitation in s 729 - whether relief should be refused in the Court's discretion. More...

Ritson v Commissioner of Police [2013] NSWSC 1396

ADMINISTRATIVE LAW - Mandamus - NSW Police - whether s 6 Police Act 1900 (NSW) establishes an enforceable duty - Discretionary consideration. More...

Baker v Attorney General for New South Wales [2013] NSWCA 329

ADMINISTRATIVE LAW - judicial review - error of law - claimed right to trial by jury with respect to traffic offences - question of validity of judicial appointments

APPEAL - extension of time - notice of intention to appeal and summons seeking leave to appeal filed in time - no evidence as to timeliness of service of documents

CONSTITUTIONAL LAW - validity of appointment of judicial officers - right to trial by jury with respect to traffic offences

CRIMINAL LAW - traffic offences - claimed right to trial by jury. More...

Sydney West Area Health Service v Hope [2013] NSWWCCPD 51

Procedural fairness; wages schedules; non-compliance with Pt 15 r 15.5 of the Workers Compensation Commission Rules 201. More...

Wiedeman v Randwick City Council [2013] NSWLEC 159

ADMINISTRATIVE LAW - judicial review - apprehended bias - use of neighbourhood park for junior sports authorised by a development consent and temporary licence under s 108 of the Crown Lands Act 1989 - application to modify consent made under s 96 of the Environmental Planning and Assessment Act 1979 - Council only authority able to determine the application - principle of necessity - application for modification assessed by external independent consultant - assessment of comparable park use by reference to cost of use of competing parks - whether assessment was made by reference to cost of other parks - no conflict of interest

ADMINISTRATIVE LAW - judicial review - procedural fairness - representation by council as to assessment of application for modification of development consent by reference to an external independent planning consultant - planning consultant draft report amended by others - amendments accepted by consultant - amendments did not effect any change of substance to consultant's report - expectation that representation would be fulfilled - no denial of procedural fairness - summons dismissed. More...



Acts Assented To

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

Police Integrity Commission and Independent Commission Against Corruption Legislation Amendment (Inspectors) Act 2013 No 72 assent 24 Sep 2013

Access NSW legislation here.

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