This fortnight mining company, NuCoal Resources Limited (NuCoal) has announced in a statement to the ASX that it is preparing to initiate legal proceedings seeking damages against former NSW Mineral Resources Minister Ian Macdonald based on the tort of misfeasance in public office. The elements of that tort are that the holder of a public office unlawfully and in bad faith exercised a power that was an incident of that public office, producing a loss. The announcement follows findings by the ICAC in Operation Acacia, handed down in August, that Mr Macdonald acted corruptly in relation to the December 2008 allocation of an exploration licence to Doyles Creek Mining Pty Limited (DCM). Shares in DCM were acquired by NuCoal in February 2010. NuCoal was not investigated during Operation Acacia.
In other news, ICAC Commissioner David Ipp, who presided over Operations Jasper, Indus and Acacia, has announced he will retire from his position in early 2014. Premier Barry O'Farrell has proposed Supreme Court Judge Megan Latham as Commissioner Ipp's successor, with that appointment since confirmed by a parliamentary committee.
In other appointments, NSW Attorney General Greg Smith SC has announced that Robertson Wright SC will be the inaugural president of NSW's answer to VCAT, the NSW Civil and Administrative Tribunal which will commence operating in January 2014 and bring together 23 tribunals and bodies operating in NSW.
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:
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
ICAC Commissioner David Ipp to retire in January
The head of the New South Wales Independent Commission Against Corruption will retire from the position early next year (24 October 2013) More...
Operations Jasper and Acacia corruption prevention report to be furnished 30 October 2013
The NSW Independent Commission Against Corruption (ICAC) will furnish its corruption prevention report into Operations Jasper and Acacia to the President of the Legislative Council on Wednesday 30 October 2013 If the President makes the report public, it will be made available for download from the ICAC website at www.icac.nsw.gov.au (23 October 2013)
Making false allegations for APVOs becomes a crime
Making false allegations in order to obtain a personal violence order against a neighbour, co-worker, or stranger will become a criminal offence, Attorney General Greg Smith SC announced today. This move is designed to protect law-abiding citizens from false and vexatious APVO applications (23 October 2013) Making false allegations for APVOs becomes a crime
NuCoal threatens legal action against NSW ministers over Doyles Creek
Coal miner NuCoal has threatened legal action against former New South Wales minister for mineral resources Ian Macdonald as well as current minister Chris Hartcher in the fallout from ICAC's findings. NuCoal claims it has grounds to launch a civil claim of 'misfeasance in public office' (MIPO) (17 October 2013) More...
Lives put at risk by truck licence fraud: ICAC
A NSWs corruption inquiry has heard an assessor took cash bribes from 91 people sitting for their truck driving licence. He has admitted accepting bribes to falsely certify log books when he worked for Roads and Traffic Authority and then Maritime Services, and issued licences without assessing them (16 October 2013) More...
President appointed for NSW super tribunal
The Attorney General has announced the appointment of Robertson Wright SC as a Supreme Court judge and as the inaugural President of the NSW Civil and Administrative Tribunal (NCAT). NCAT will become the gateway for almost all tribunal services in NSW when it begins operating in January and will also have an internal appeals panel to enable accessible and timely reviews of most tribunal decisions (16 October 2013) Attorney General's media release
Lawyers circumventing right to silence laws, NSW police say
New right to silence laws are being deemed unworkable by the New South Wales Police Association, which says lawyers are thwarting attempts to caution suspects. The laws, introduced last month, mean jurors are allowed to draw negative inferences if a defendant refuses to answer police questions and then goes on to provide a new alibi or evidence in court (15 October 2013) More...
In practice and courts
Public inquiry into alleged attempts by the former Hon Edward Obeid MLC to influence official functions over Circular Quay retail leases, and other matters
The ICAC's public inquiry to be held as part of three investigations it is conducting into a number of allegations concerning former Member of Parliament,the Hon Edward Obeid, will commence next Monday (28 October).
Operations Jasper and Acacia corruption prevention report to be furnished 30 October 2013
The ICAC will furnish its corruption prevention report into Operations Jasper and Acacia to the President of the Legislative Council on Wednesday 30 October 2013
Operations Jasper and Acacia corruption prevention report to be furnished 30 October 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
Reviewing Reasons for Administrative Decisions: Wingfoot Australia Partners Pty Ltd v Kocak
Author: Groves, Matthew; Sydney Law Review, 25; (2013) 35(3) Sydney Law Review 627 More...
Cases
Patsalis v Attorney General for New South Wales [2013] NSWCA 343
ADMINISTRATIVE LAW - judicial review - relief - whether quashing order available unless rights directly affected or decision a step in a process with legal consequences - whether jurisdictional or legal error - whether order available against judge of Supreme Court
APPEAL - refusal to grant an inquiry under Crimes (Appeal and Review) Act 2001 (NSW), Part 7 - decision by judge of a superior court - whether exercise of judicial function - whether appeal available under Supreme Court Act 1970 (NSW), s 101
CRIMINAL LAW - appeal and review - unsuccessful appeal - application for inquiry - whether doubt or question as to guilt - whether refusal to direct an inquiry reviewable More...
Burwood Council v Ralan Burwood Pty Ltd [2013] NSWLEC 173
JUDICIAL REVIEW: application by Council for (1) declarations of invalidity of construction certificates, (2) declarations that developer in breach of Environmental Planning and Assessment Act 1979, and (3) orders for remedial work - validity of certificates - do changes to a project agreed by a certifier make the development "inconsistent" with the consent - whether orders can be made against those not in breach of the Act - whether developer is vicariously responsible for acts of others - utility of declarations - discretion – costs More...
Legislation
NSW
NSW Bill - Industrial Relations Amendment (Industrial
Court)
TheIndustrial Relations Amendment (Industrial Court)
Bill 2013 (NSW) proposes to amend the legislation listed below.
The Bill was introduced into the Legislative Assembly and received
its second reading speech on 16 October 2013
The Bill proposes to amend the Supreme Court Act 1970 No. 52 (NSW) to:
enable eligible judicial members of the Industrial Court to act as Judges of the Supreme Court; and
limit proceedings that are assigned to the Court of Appeal on appeals from, or for the judicial review of, decisions of the Industrial Relations Commission to those involving decisions of the Industrial Court or a judicial member.
Non-Government Bills passed by both Houses of Parliament
Crimes (Sentencing Procedure) Amendment (Standard Non-parole Periods) Bill 2013
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 and Courts Legislation Amendment Bill 2013
The object of this bill is to amend various Acts relating to Domestice Violence Review Teams, forensic procedures, orders relating to convictions, and compellability of evidence given by sposes or children in domestic violence offences.
The object of this Bill is to amend the Fines Act 1996 (the Act) to abolish the State Debt Recovery Office (the SDRO) and provide for the appointment of a Commissioner of Fines Administration to exercise its functions.
Access NSW legislation here.
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.
