Australia: NSW Government Bulletin - 6 March 2014

Last Updated: 15 March 2014
Most Read Contributor in Australia, September 2016

On 25 February 2014, Barry O'Farrell introduced the Criminal Assets Recovery Amendment Bill 2014 (CARAB) (NSW) amending the Criminal Assets Recovery Act 1990 (NSW) (CARA). CARA currently facilitates the recovery of proceeds of crime from a person directly engaged in criminal activity. CARAB broadens this definition to include the power to recover proceeds of crime, from people who did not directly engage in the criminal activity i.e. a third party. There are some limits on this broader definition, such as that the person engaging in the criminal activity needs to intend that the third party derive or realise an interest, service, advantage or benefit or knew or ought reasonably to have known that the third party would have received this interest, service, advantage or benefit.

CARAB also retrospectively applies the amendments to those activities made, proceeds derived and benefited from or applications for orders made before its commencement date.

The bill has been introduced as part of the measures introduced by the NSW Government following the ICAC's reports in Operations Jasper and Acacia.

Ian Temby QC, the first Independent Commission Against Corruption Commissioner and the first Commonwealth Director of Public Prosecutions, will be leading the team advising the NSW Government on the recovery of profits derived from the acquisition of the Mount Penny licence from former Labor Minister Eddie Obeid.

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

Stronger powers for Crime Commission to confiscate proceeds of crime
NSW Premier Barry O'Farrell has introduced legislation to strengthen the powers of the NSW Crime Commission to confiscate the proceeds of crime following recent investigations by ICAC. The actions of Ian Macdonald and others found by the ICAC to have been corrupt have damaged the reputation of NSW as a destination for investment (25 February 2014). More...

Ian Temby to lead team to recover proceeds from Eddie Obeid mine deal
Eminent Sydney silk Ian Temby will lead a team tasked with recovering proceeds from a corrupt mine deal from the former Labor MP Eddie Obeid. More...

ICAC hears daughter of sacked RailCorp manager lied for money to pay gambling debts
The daughter of a sacked RailCorp manager has admitted to investigators from the Independent Commission Against Corruption (ICAC) that she lied to get more than $1 million from him (28 February 2014) More...

Operation Spector public inquiry concluded
The Commission's Operation Spector public inquiry has concluded this week (28 February 2014). More...

ICAC public inquiries into alleged corruption
The ICAC will hold a public inquiries including an investigation concerning allegations of corrupt conduct involving public officials and persons with an interest in Australian Water Holdings Pty Ltd (Operation Credo) in March. The second inquiry in April involves allegations that members of parliament corruptly solicited, received and concealed payments from various sources in return for favouring the interests of those responsible for the payments (Operation Spicer) (18 February 2014) More...

Chris Hartcher, Darren Webber and Chris Spence step down from Liberal Party amid corruption claims
Former New South Wales energy minister Chris Hartcher and two other State Government MPs have voluntarily withdrawn from the Liberal Party after moves to suspend them over corruption allegations were put in motion (19 February 2014). More...

Mandatory minimum sentences to be introduced
NSW Premier Barry O'Farrell and Attorney General Greg Smith SC have announced the NSW Government would introduce mandatory minimum sentences for serious drug and alcohol-fuelled assaults (25 February 2014). Mandatory minimum sentences to be introduced

New review of the effectiveness of Restorative Justice programs
The Australian Institute of Criminology (AIC) has released a new study Restorative justice in the Australian criminal justice system. This study is a 10 year review of restorative justice programs in Australian jurisdictions (18 February 2014). More...

In practice and courts

NSW Dust Diseases Tribunal: advice to Practitioners for Consent Judgment Listings
The Dust Diseases Tribunal has issued Advice to Practitioners (No. 1 of 2014) - Consent Judgment Listings (undated) (the AP). The AP notes that from 17 February 2014, consent judgments will no longer be listed in the Judge's Directions List, and outlines the process for matters in which a specific request for the listing of a consent judgment has been made

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

Published – articles, papers, reports

Restorative justice in the Australian criminal justice system
Jacqueline Joudo-Larsen; Australian Institute of Criminology, 18 February 2014. This report provides an overview of restorative justice programs in Australia and an assessment of current and future issues facing restorative justice practice.
Restorative justice in the Australian criminal justice system

The High Court's decision in the electoral funding law case
Lenny Roth; EB02/2014 February 2014
On 18 December 2013, the High Court handed down its decision in Unions NSW v NSW. The Court ruled that electoral funding provisions enacted in NSW in 2012 were invalid because they infringed upon the implied freedom of political communication in the Commonwealth Constitution. This e-brief outlines the decision and considers its implications. The High Court's decision in the electoral funding law case


Cain v New South Wales Land and Housing Corporation [2014] NSWCA 28

ADMINISTRATIVE LAW - judicial review - challenge to District Court judgment that Consumer, Trader and Tenancy Tribunal had no discretion to refuse order sought by landlord - whether error of law on face of record - error revealed in reasons of District Court - Supreme Court Act (NSW), s 69
LANDLORD AND TENANT - residential tenancies agreement - termination sought because residential premises used to supply prohibited drugs - whether Consumer, Trader and Tenancy Tribunal had discretion not to order termination - Residential Tenancies Act 2010 (NSW), s 91 More...

SD v New South Wales Crime Commission [2013] NSWCA 48

ADMINISTRATIVE LAW - powers of the New South Wales Crime Commission - obligation of person giving evidence to answer questions - whether direction as to non-publication adequate - whether "reasonable excuse" for not answering questions CRIMINAL LAW - appeal - applicant questioned at a hearing before the New South Wales Crime Commission - whether applicant had a "reasonable excuse" not to answer questions - non-publication direction under s 13(9) of the New South Wales Crime Commission Act 1985 (NSW) - direction precluded publication to the police or the Director of Public Prosecutions - power to vary direction - whether direction required to prevent prejudice to fair trial WORDS AND PHRASES - "reasonable excuse" - New South Wales Crime Commission Act 1985 (NSW), s 18(2) More...

Twaddell v New South Wales Land and Housing Corporation [2014] NSWSC 7

Orders made in the nature of certiorari quashing the decisions purporting to cancel the plaintiff's rental rebate and purporting to require the plaintiff to pay a debt of $12,235.79 to the Corporation ADMINISTRATIVE LAW - Housing Act - decision to cancel rental rebate - whether power to make decision lawfully exercised - jurisdictional requirement to conduct an investigation under section 58 - whether satisfied More...

X v University of Western Sydney [2014] NSWSC 82

ADMINISTRATIVE LAW - JUDICIAL REVIEW - PROCEDURAL FAIRNESS - allegation of serious misconduct - plaintiff was suspended under a university policy - express obligation to afford procedural fairness - decision-maker's interview of complainant prior to the decision to suspend the plaintiff - statements made in interview not disclosed to the plaintiff before the decision to suspend was made - whether decision was made in breach of the obligation to afford procedural fairness to the plaintiff - whether interview material was required to be disclosed for the plaintiff to have an opportunity to respond on the issue of any risk to health and safety of the complainant and on the issue of measures to minimise any risk alternative to outright suspension - whether there existed apprehended bias in the decision-maker having made an earlier decision in favour of suspension - whether decision affected by error as to jurisdictional facts or jurisdictional error or improper purpose or Wednesbury unreasonableness - form of relief - declaration - leave to parties in respect of injunctive relief claimed More...


New South Wales

Regulations and other miscellaneous instruments

Administrative Arrangements Amendment Order 2014 (2014-58) — published LW 20 February 2014
This order revokes all administrative arrangements previously ordered and makes new orders as to what is a matter dealt with by a Department of a State or a legislation administered by a Minister of State.

Civil Procedure Amendment (Online Probate Notice Services Fees) Regulation 2014 (2014-59) — published LW 20 February 2014
This Regulation introduces certain new fees in respect of the Supreme Court for publishing on the NSW Online Registry website notices e.g. a notice of intended distribution or a notice of application for passing accounts.

Civil and Administrative Tribunal Rules 2014 commenced on 7 February 2014
The objects of these rules are to remake the NCAT Interim Rules 2014 (NSW) set out in the former Schedule 3 to the Civil and Administrative Regulation 2013 (NSW) and to enable registrars to make certain interlocutory decisions of the Tribunal at the direction of the President or a Division Head.

Proclamations commencing Acts

Members of Parliament Staff Act 2013 (2014-56) — published LW 20 February 2014 This Proclamation appoints 24 February 2014 as the commencement date of the Members of Parliament Staff Act 2013 (NSW).


Crime Assets Recovery Amendment Bill 2014 – introduced on 25 February 2014
The Bill provides an expanded definition of an activity engaged in by a person, for the recovery of proceeds of crime related activities. The proposed definition include certain interests, services, advantages or benefits derived or realised (whether directly or indirectly) by other persons if the person engaged in the activity intended that result or knew, or ought reasonably to have known, that it would be likely to be the result.

The Bill also clarifies that proceeds of an activity can include an increase in the value of an interest in property resulting from the activity.

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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