Australia: Government Bulletin - 19 February 2014

Last Updated: 21 February 2014
Most Read Contributor in Australia, September 2016

Throughout last year and the start of this year we have seen an increased focus on anti-corruption investigations and enforcement.

The Independent Commission Against Corruption (ICAC) announced new inquiries this week and is currently conducting a public inquiry into corrupt solicitation of funds by public officials. A decision in the Craig Thomson matter was handed down yesterday with Magistrate Rozencwajg finding that the former Member for Dobell, was guilty of misusing thousands of dollars of union funds for personal expenses (see the Sydney Morning Herald's article on the decision here) and the Prime Minister has announced a Royal Commission into trade union corruption. The Health Services Union, which Mr Thomson was found to have misappropriated funds from and which Mr Thomson was national secretary from 2002 to 2007, was named in the Terms of Reference for the Royal Commission.

In the context of increased scrutiny in this area (which we expect to continue this year) and the profound reputational risks of corruption, we recommend that there should be a continued focus on ensuring that systems are robust. Key to this, is working with people in your organisation to ensure areas of risk are identified and that staff are well-armed to address those risks.

We will be following the above inquiries and announcements over the next few months.

Government Lawyers half day conference – 26 February 2014
Registrations are open for our inaugural Government Lawyers half day conference to be held in Sydney on 26 February 2014. Click here to register. We do hope you will be able to join us to hear from our talented and varied program of speakers.

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.

In the media

Public inquiry into allegations concerning alleged corrupt solicitation of funds by public officials starts Monday
The ICAC's public inquiry being held as part of an investigation it is conducting into allegations that two public officials, respectively employed by RailCorp and the Department of Family and Community Services, engaged in corrupt conduct starts Monday 17 February (Operation Spector) (14 February 2014) Public inquiry into allegations concerning alleged corrupt solicitation of funds by public officials starts Monday

Premier's comments undermine public confidence in our courts
Comments made by Premier Barry O'Farrell about the quality of our judicial officers are ill-thought out and erode public confidence in our courts, according to thepresident of the New South Wales Bar Association, Phillip Boulten SC (13 February 2014) More...

NSW Government names new ICAC Inspector
NSW Premier Barry O'Farrell has announced the appointment of The Hon David Levine AO RFD QC as the new Inspector of the Independent Commission Against Corruption. Mr Levine's appointment expires on 31 January 2017 (13 February 2014) More...

NSW watchdog cracks down on real estate trust account theft
A Sydney real estate agent has been jailed for stealing hundreds of thousands of dollars from her client's trust accounts, as fair trading authorities crack down on what they say is a growing problem (13 February 2014) More...

Royal Commission into trade union governance and corruption
The federal government has recommended to the Governor-General, Her Excellency Ms Quentin Bryce AC CVO, the establishment of a Royal Commission to inquire into alleged financial irregularities associated with the affairs of trade unions. The federal government has also released the terms of reference for the Royal Commission. (10 February 2014) More...

Call for COAG to set new reform agenda
The state and federal governments have been urged to embark on a new five-year plan to harmonise business and industry regulation. The COAG Reform Council made the call on Thursday, releasing its final report to the Council of Australian Governments on the success of the "seamless national economy" program over the past five years (06 February 2014) More...

Time for calm in sentencing debate - NSW
The president of the NSW Bar Association expressed his support for comments made by the chief justice in his opening of Law Term address. 'He has acknowledged that informed criticism of the judiciary is an important part of public debate in a civilised democracy, but made it clear public statements by senior politicians, fails to grasp the complexities of sentencing and the independent role of the judiciary (04 February 2014) Time for calm in sentencing debate

In practice and courts

Final report of the Independent Local Government Review Panel and Local Government Acts Taskforce: submissions
A four week extension for public comment following the final report of the Independent Local Government Review Panel and Local Government Acts Taskforce has been announced by the Government, to Friday 4 April 2014. The reports are available on the Division of Local Government's website at (12 February 2014)

IPC NSW: Public consultation: NSW draft Genetic Guidelines
Following amendments passed by the NSW Parliament to amend Health Privacy Principles 10 and 11 in the Health Records and Information Privacy Act 2002 (HRIP Act), the IPC is seeking public consultation on draft guidelines for Use and disclosure of genetic information to a patient's genetic relatives: Guidelines for organisations in NSW 2014. Submissions close on 23 February 2014
The documents are available to view here (03 February 2014)

Judicial Commission of NSW: Local Court Bench Book: Update 109
Specific Penalties and Orders - This is the second for 2013 of the twice yearly reviews of the Specific Penalties and Orders chapter. Minor changes have been incorporated into Acts and regulations.
Local Court Practice Notes - The table listing the courts which provide audio visual facilities Local Court Practice Note Crim 1, has been updated (05 February 2014)

Judicial Commission of NSW: Sentencing Bench Book: Special Bulletin 6
Legislative changes relating to the Crimes and Other Legislation Amendment (Assault and Intoxication) Act 2014 — new assault offences — intoxication. Click here to access Special Bulletin 6 (05 February 2014)

New Rules - Civil and Administrative Tribunal
The Civil and Administrative Tribunal Rules 2014 No. 26 (NSW), commenced on 07 February 2014. The objectives of the Rules are to: remake, with minor modifications, the New South Wales Civil and Administrative Tribunal Interim Rules 2014 set out in the former Schedule 3 (NCAT Interim Rules 2014) to the Civil and Administrative Regulation 2013 No. 718 (NSW) as Tribunal rules under the governing Act; and enable registrars to make certain interlocutory decisions of the Civil and Administrative Tribunal (the Tribunal) at the direction of the President or Division Head.

Published – articles, papers, reports

Opening of Law Term Address: address: Community confidence in the Justice System: the role of public opinion
Author: TF Bathurst, Chief Justice, NSW; 03 February 2014
Focusing on the importance of upholding the rule of law in an impartial and just manner, he asserted that this can be achieved whilst having regard to informed public opinion and debate More...


Secretary of the Treasury v Public Service Association & Professional Officers' Association Amalgamated Union of New South Wales [2014] NSWCA 14
ADMINISTRATIVE LAW - judicial review - stay - review of decision of industrial tribunal - whether decision should be stayed pending review for alleged jurisdictional error
PRACTICE AND PROCEDURE - interlocutory application for stay - relevant considerations - nature of dispute in industrial matter - potential prejudice to parties and employees entitled to benefits of award - difficulty in recovering payments once made - conduct of applicant in delaying making review application More...

Secretary of the Treasury v Public Service Association & Professional Officers' Association Amalgamated Union of New South Wales [2014] NSWCA 14
ADMINISTRATIVE LAW - judicial review - stay - review of decision of industrial tribunal - whether decision should be stayed pending review for alleged jurisdictional error
PRACTICE AND PROCEDURE - interlocutory application for stay - relevant considerations - nature of dispute in industrial matter - potential prejudice to parties and employees entitled to benefits of award - difficulty in recovering payments once made - conduct of applicant in delaying making review application More...

APV and APW and Department of Finance and Services [2014] NSWCATAD 10
The Tribunal finds the Respondent has contravened ss.17 and 18 of the PPIP Act with respect to the Applicants - Administrative Decisions Tribunal Act 1997; Privacy and Personal Information Protection Act 1998, LHC lodged with the City of Sydney Council development application for the change in use of the property next door from a boarding house to a single dwelling. he Applicants complain that between 31 March 2012 and 9 November 2012 their privacy was breached by the Respondent in using and disclosing information relating to their property in the marketing material and sale contract prepared for the property next door More...



Regulations and other miscellaneous instruments

Bail Regulation 2014 (2014-25) — published LW 7 February 2014

Civil and Administrative Tribunal Rules 2014 (2014-26) — published LW 7 February 2014

Liquor Amendment (Transitional) Regulation 2014 (2014-22) — published LW 5 February 2014

Uniform Civil Procedure Rules (Amendment No 63) 2013 (2014-29) — published LW 7 February 2014

Industrial Relations (General) Amendment (Judicial Members) Regulation 2014 (2014-46) — published LW 14 February 2014

Bills assented to

Liquor Amendment Act 2014 No 3 — Assented to 5 February 2014

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.