Australia: NSW Government Bulletin - 6 November 2013

Last Updated: 15 November 2013
Article by Harold Werksman, Sylvia Fernandez, Greg Wrobel, Christine Jones, Richard Abbott and Robert Moses

Most Read Contributor in Australia, September 2016

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  (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).

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

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...


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...



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.

Fines Amendment Bill 2013

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.

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.

Christine Jones
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.