Australia: NSW Government Bulletin - 4 December 2013

Last Updated: 13 December 2013
Most Read Contributor in Australia, September 2016

The NSW Government has released its first Open Data Policy which will require all government agencies to set their online data policy to "open by default". The policy is aimed not only at cutting the price of analysing data, but also at allowing new and innovative social and mobile applications (apps) to provide this information directly to citizens. The new policy will bring NSW into line with other state governments such as Victoria, South Australia and Queensland whilst simultaneously making it easier to share information with other jurisdictions.

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In the media

Government acts on Independent Commission Against Corruption recommendations

NSW Premier Barry O'Farrell today announced the NSW Government had accepted the recommendations of the ICAC's report on the management of coal resources. ICAC handed down its third report arising from Operations Acacia and Jasper on the granting of mining rights 'making 26 recommendations (21 November 2013) More...

Legislation to be introduced into Parliament following Independent Commission Against Corruption

NSW Premier Barry O'Farrell announced that Mining and Petroleum Legislation Amendment (Public Interest) Bill would be introduced to the Parliament in preparation for the Independent Commission Against Corruption's report into the coal mining rights at Doyles Creek and Mt Penny. The Bill makes public interest a ground for certain decisions relating to mining or petroleum rights. More...

NSW Parole Authority Chairman appointed

NSW Attorney General Greg Smith SC today announced the appointment of Justice Wood to replace outgoing Parole Authority Chair, Mr Ian Pike AM. Mr Smith also announced the three-year appointment of Acting NSW District Court Judge David Freeman as a judicial member and Alternate Chair of the State Parole Authority (21 November 2013) More...

New Information Commissioner for NSW

Attorney General Greg Smith SC today announced the appointment of Elizabeth Tydd as the NSW Information Commissioner. For more information about the role of the Information Commissioner and the Office of the Information and Privacy Commission, visit (20 November 2013) More...

Kings Cross ID Scanners start date

The NSW Government has nominated 6 December as the intended date for the introduction of linked ID scanners in high-risk licensed premises at Kings Cross, Minister for Hospitality, George Souris, said. He said the licensees of 35 high-risk premises have been notified they must implement the ID scanners as part of the Government's response to alcohol-related issues in Kings Cross (19 November 2013) More...

Consorting appeal to go straight to the high court

The Attorney General has intervened in a legal challenge to the state's consorting laws to speed up a resolution of the case. The consorting laws impose a penalty of up to three years imprisonment for convicted offenders who continue to consort with other offenders after receiving an official police warning. The High Court is yet to decide how it will deal with the application (18 November 2013) More...

Law change required to ensure client privilege is properly protected

If the process of discovery, with the necessary inclusion of a privilege review, is to proceed efficiently there must be innovation in the law which allows for the protection of the privilege without exorbitant cost. The High Court's decision in Expense Reduction Analysts Group Pty Ltd v Armstrong Strategic Management and Marketing Pty Limited offers an opportunity for a more streamlined approach to privilege review (15 November 2013) More...

Attorney General welcomes appeal

The NSW Attorney General welcomes the decision by the Director of Public Prosecutions to appeal the sentence given to Kieran Loveridge for the manslaughter of Thomas Kelly on the grounds that it is manifestly inadequate. He also welcomes the Director's decision to seek a Guideline Judgment from the Court of Criminal Appeal (14 November 2013) More...

NSW requires government data to be 'open by default'

The NSW government has revealed its first Open Data Policy and will require all agencies set their online data policy as "open by default". The new Open Data policy is a significant revamp of how the government requires agencies to deliver their digital information assets to the public (13 November 2013) More...

Attacks on judges undermine public confidence in our courts - NSW

Personal attacks on members of the judiciary in the wake of particular judgments are ill-conceived and undermine our system of justice, according to the president of the NSW Bar Association. Knee jerk criticism of judges and the court system only undermines confidence in our courts, and is particularly unhelpful in circumstances where the DPP is considering an appeal (13 November 2013) More...

Unlawful assault laws proposed for NSW

The NSW Government is proposing to introduce a new offence to cover situations where an unlawful assault causes death. The proposed bill will be based on a Western Australian so-called "one punch law" which carries a maximum penalty of 10 years – the laws proposed for NSW will carry a maximum penalty of 20 years imprisonment (12 November 2013) More...

Sentencing council report provided to joint committee NSW

The interim report of the Sentencing Council on standard non parole periods was delivered to the joint Parliamentary Committee on sentencing of child sexual assault offenders. The committee was established to inquire into and report on whether current sentencing options for perpetrators of child sexual assault remain effective (13 November 2013) More...

NSW reviews into WorkCover Authority And Workers' Compensation (Dust Diseases) Board

The Chair of the NSW Parliament's Standing Committee on Law and Justice, announces the commencement of the Committee's first reviews of the WorkCover Authority and the 'Workers' Compensation (Dust Diseases) Board. The Committee is conducting the reviews concurrently and is calling for public submissions for both (07 November 2013) More...

In practice and courts

COAG: Public Inquiry into Access to Justice: submission

The Australian Government has asked the Productivity Commission to undertake a 15-month inquiry into Australia's system of civil dispute resolution, with a focus on constraining costs and complexity. COAG has made a submission to this inquiry (18 November 2013) More...

Published – articles, papers, reports

Sentencing: interim report on standard non-parole periods

Source: NSW Law Reform Commission, Report No 134

The report proposes two possible methods of setting the standard non parole period. It recommends broadening the range of further child sex offences included in the Standard Non Parole Period scheme (released November 2013) More...

Law Enforcement (Powers and Responsibilities) Amendment (Arrest without Warrant) Bill 2013 - NSW

Source: NSW Parliamentary Research Service

Issues backgrounder research paper - Law Enforcement (Powers and Responsibilities) Amendment (Arrest without Warrant) Bill 2013 (08 November 2013) More...


Director General, Department of Trade and Investment, Regional Infrastructure and Services v Glennies Creek Coal Management Pty Ltd [2013] NSWCA 371

ADMINISTRATIVE LAW - judicial review - Industrial Court - decision not to submit question of law - no discretion to decline to submit question of law to Full Bench - whether question put a question of law - whether Supreme Court has jurisdiction - requirement of jurisdictional error - appeal to Full Bench available - discretion to decline relief

CRIMINAL LAW - appeal by submission of question of law - prosecution under Occupational Health and Safety Act 2000 (NSW) - claim of abuse of process by prosecutor - production of documents - claim for client legal privilege rejected - Criminal Appeal Act 1912 (NSW), s 5AE - Industrial Relations Act 1996 (NSW), section 196

EVIDENCE - client legal privilege - imputed waiver by statement of reliance on legal advice - whether substance of legal advice disclosed - Evidence Act 1995 (NSW), section 122 More...

Terranora Group Management Pty Ltd v Director-General Office of Environment & Heritage [2013] NSWLEC 198

JUDICIAL REVIEW - validity of Direction to carry out work to remedy unlawful clearing of threatened species under section 38 Native Vegetation Act 2003 - construction of section 38(2) and the Direction - whether limitations in section 38(2) on the types of work that can be directed are objective facts or objective jurisdictional facts for the Court to determine on the evidence before it, or are subjective for the decision-maker to assess - if subjective, whether decision-maker misconstrued section 38(2) or whether Direction was reasonably open to the decision-maker - or whether it was a reasonable and proportionate response to the unlawful clearing - if objective, whether applicant has shown that those facts were absent. More...



NSW Bills introduced etc Government

Bail (Consequential Amendments) Bill 2013

The objects of this Bill are to amend the Bail Act 2013 to make it clear that a bail authority can decide who is an acceptable person to provide security for the grant of bail (in the same way as the bail authority can decide who is an acceptable person to give a character acknowledgment).

Child Protection Legislation Amendment Bill 2013

The object of this Bill is to amend the Children and Young Persons (Care and Protection) Act

1998 (the Principal Act), the Adoption Act 2000, the Child Protection (Working with Children) Act 2012 and other legislation to implement miscellaneous reforms relating to the protection of children and young persons.

Crimes (Administration of Sentences) Amendment Bill 2013

The object of this Bill is to make miscellaneous amendments to the Crimes (Administration of

Sentences) Act 1999 (the principal Act) to require remuneration earned by inmates as participants in external work release programs to be paid directly to the Commissioner of Corrective Services (the Commissioner) on behalf of the inmates.

Mining and Petroleum Legislation Amendment (Public Interest) Bill 2013

The object of this Bill is to make the public interest a ground (in addition to other grounds) for making decisions relating to mining or petroleum rights or titles that refuse to grant, renew, transfer or cancel a mining or petroleum right or title.

Crimes (Appeal and Review) Amendment (DNA Review Panel) Bill 2013

The object of this Bill is to amend the Crimes (Appeal and Review) Act 2001 to implement the recommendations arising from a statutory review of the DNA Review Panel under section 97 of that Act.


Protection of the Environment Operations Amendment (Prosecutions) Bill 2013

The object of this Bill is to transfer the power to prosecute serious environmental offences from the Environment Protection Authority to the Director of Public Prosecutions and the Attorney General.

Public Interest Disclosures Amendment (Extension of Protections) Bill 2013

The object of this Bill is to extend the protections from adverse consequences that the Public

Interest Disclosures Act 1994 provides for those persons who make disclosures in the public interest about public sector wrongdoing.

Bills revised following amendment in Committee

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

The object of this Bill is to amend the Crimes Act 1900 to recognise the separate existence of the foetus of a pregnant woman that is of at least 20 weeks' gestation (as a living person) so that proceedings for certain offences relating to grievous bodily harm may be brought against an offender who causes the unlawful destruction of or harm to any such foetus.

Bills passed by both Houses of Parliament

Law Enforcement (Powers and Responsibilities) Amendment (Arrest without Warrant) Bill 2013

The object of this Bill is to amend the Law Enforcement (Powers and Responsibilities) Act 2002 to extend police powers of arrest without warrant.

National Disability Insurance Scheme (NSW Enabling) Bill 2013

The object of this Bill is to authorise and facilitate the transfer of the State's public sector disability services assets in connection with the implementation of the National Disability Insurance Scheme of the Commonwealth.

Surveillance Devices Amendment (Mutual Recognition) Bill 2013

The object of this Bill is to amend the Surveillance Devices Act 2007 so as to bring the Act further into line with the model law on cross-border investigative powers for law enforcement developed by the Australian Leaders' Summit on Terrorism and Multi-jurisdictional Crime. This will facilitate the mutual recognition of warrants and authorisations for the use of surveillance devices issued under the New South Wales Act and those issued under Acts of other jurisdictions.

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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