On 18 June 2014, both Houses of Parliament passed the Electoral and Lobbying Legislation Amendment (Electoral Commission) Act 2014 (NSW) (the Act). The Act has two main features.
Electoral Commission
Firstly, the Act creates a corporation called the Electoral Commission which will be constituted by a former Judge, the Electoral Commissioner and a person appointed by the NSW Governor with the relevant financial or auditing skills.
The Electoral Commission's functions include the administration of election funding, the provision of assistance for the conduct of elections and commencement of proceedings into election related offences. The Electoral Commission also has the power to conduct and publish research relating to electoral matters.
The Electoral Commission has a duty to exercise its functions in a way that does not bias a particular group, candidate or person and it is not subject to the control or direction of the relevant Minister.
Lobbying Amendments
Secondly, the Act creates a series of amendments to provisions dealing with the lobbying of government officials including the creation of a 'Lobbyists Code of Conduct', a 'Register of Third-Party Lobbyists' and a 'Lobbyists Watch List'.
The Lobbyists Code of Conduct sets out the standards which should be observed by lobbyists when lobbying Government officials.
The Act also requires the Electoral Commission to establish (and publish on its website) a Register of Third-Party Lobbyists (Lobbyists Register).
Third-party lobbyists, defined as individuals or bodies carrying on the business of lobbying government on behalf of another individual or body, are required to be registered on the Lobbyists Register.
The information required to be given by the third-party lobbyists for the Lobbyists Register are: the name and business contact details of the lobbyist, the names of the individuals engaged to undertake the lobbying of the government, the names of persons having a management, financial or other interest in the lobbyist and the names of the third parties who have retained the lobbyist.
The Electoral Commission must also maintain (and publish on its website) a Lobbyists Watch List for those lobbyists who have contravened the Lobbyists Code or the Act.
The Electoral Commission may, at a lobbyist's request, exclude information from being publicly available if there is a public interest against disclosure under the Government Information (Public Access) Act 2009 (NSW).
The Act will commence on a day to be appointed by proclamation.
The Act comes amid a period of intense scrutiny of political donations and the activities of lobbyists in NSW, including most recently in Operation Spicer and in the Unions NSW case decided by the High Court in December in which Holding Redlich acted for Unions NSW and certain member unions.
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In the media
From pen and paper to prime time
Attorney General announces new legislation to make it easier to
film and broadcast judgments and sentences in major criminal trials
in the Supreme Court. The Courts Legislation Amendment
(Broadcasting Judgments) Bill paves the way for cameras to be used
in the Supreme and District Courts and the NSW Government is
looking at including other courts. There will be no filming of
Children's Court matters (18 June 2014)
From pen and paper to prime time
New police laws - simpler, clearer and more
effective
The NSW Parliament has passed new laws giving frontline police
clearer and more effective powers to protect the public. The Law
Enforcement (Powers and Responsibilities) Amendment Act 2014
clarifies and simplifies complex police powers, helping police get
on with the job of keeping the community safe (18 June 2014)
New police laws - simpler, clearer and more effective
Tougher Laws to Protect the Community
Attorney General and Minister for Justice Brad Hazzard said funds
in the 2014-15 NSW Budget support new laws which would strengthen
supervision of offenders on Extended Supervision Orders (ESOs) and
more than double jail sentences for breaches of ESOs (17 June 2014)
Tougher laws to protect the community
ID Scanners go live in Kings Cross in NSW
ID scanners will be fully operational at up to 35 high risk
licensed venues at Kings Cross from this Friday 13 June), Minister
for Hospitality, Troy Grant, said today. "The new ID scanner
system will make Kings Cross high risk venues even safer by
stopping troublemakers at the door and ensuring patrons who break
the law inside premises can be identified and held responsible for
their actions (11 June 2014) More...
In practice and courts
Statement regarding the ICAC and prosecutions – 20
June 2014
A number of recent media reports and editorial comments may have
created an incorrect public perception in relation to prosecutions
resulting from investigations conducted by the Independent
Commission Against Corruption (ICAC). The ICAC does not conduct
prosecutions, but refers matters to the NSW Director of Public
Prosecutions (DPP) for consideration of prosecution action
More...
NSW Bill - Courts Legislation Amendment (Broadcasting
Judgments)
The
Courts Legislation Amendment (Broadcasting Judgments) Bill 2014
(NSW) proposes to amend the legislation listed below. The Bill
was introduced into the Legislative Assembly and received its
second reading speech on 18 June 2014. According to the explanatory
note, the object of the Bill is to require the District Court and
the Supreme Court to permit the recording and broadcast of certain
judgments given by those Courts in open court, unless satisfied
that one of a limited number of exclusionary grounds is
present.
NSW Budget 2014-15 to Support Access to
Justice
Premier Mike Baird and Treasurer Andrew Constance released the 2014-15 Budget on 17 June
2014. According to
Budget Paper No. 2 - Budget Statement (undated), the state
government will provide $10 million in recurrent grant support to
the Legal Aid Commission (17 June 2014)
Joint media release
Published – articles, papers, reports
NSW Criminal Courts Statistics 2013
NSW Government
The time taken to finalise trial cases in the District Criminal
Court has increased significantly, according to the annual Criminal
Court Statistics Report, released today by the NSW Bureau of Crime
Statistics and Research. Released 11 June 2014 More...
Cases
Killick v The Commissioner of Police New South Wales
[2014] NSWSC 781
ADMINISTRATIVE LAW - judicial review - s 86(1) Service and
Execution of Process Act 1992 (Cth) - decision of magistrate that
warrant issued pursuant to s 189 Corrective Services Act 1988 (Qld)
was valid - warrant directed the apprehension of the applicant and
conveyance to Queensland prison - whether warrant valid - whether
Court of NSW has jurisdiction to determine issue of warrant
constituted an abuse of process - warrant valid - no jurisdiction
to consider question of abuse of process - consequential orders
made More...
Secretary of The Treasury v Public Service Association
& Professional Officers' Association Amalgamated Union of
NSW [2014] NSWCA 138
Remit the matter to a member of the Industrial Relations
Commission to be dealt with according to law.
STATUTORY INTERPRETATION - principles - legislative intention -
giving effect to express words - relationship between clauses - cl
6(1)(a) Industrial Relations (Public Sector Conditions of
Employment) Regulation 2011 (NSW)
STATUTORY INTERPRETATION - principles - limited conferral of
jurisdiction on a court - cl 6(1)(a) Industrial Relations (Public
Sector Conditions of Employment) Regulation 2011 (NSW)
ADMINISTRATIVE LAW - jurisdictional error - different
considerations for administrative tribunal and inferior court -
Industrial Commission - misconceive extent of powers More...
Legislation
NSW
Regulations and other miscellaneous instruments
Election Funding, Expenditure and Disclosures (Adjustable Amounts) Amendment Notice 2014 (2014-371) — published LW 20 June 2014
Bills introduced Government
Courts Legislation Amendment (Broadcasting Judgments) Bill
2014
The object of this Bill is to amend the District Court Act 1973
and Supreme Court Act 1970 to require the District Court and
Supreme Court to permit the recording and broadcast of certain
judgments given by those Courts, in open court, unless satisfied
that one of a limited number of exclusionary grounds is
present.
Electoral and Lobbying Legislation Amendment (Electoral Commission)
Bill 2014
The objects of this bill are to reconstitute the New South Wales
Electoral Commission, to abolish the Election Funding Authority of
New South Wales and to confer its functions on the reconstituted
New South Wales Electoral Commission and to provide for a Register
of Third-Party Lobbyists, a Lobbyists Watch List and a Code of
Conduct for third-party and other lobbyists.
Bills revised following amendment in Committee
Statute Law (Miscellaneous Provisions) Bill 2014
The objects of this Bill are to make minor amendments to various
Acts and regulations and make provisions of a consequential or
ancillary nature.
Bills passed by both Houses of Parliament
Crimes (Domestic and Personal Violence) Amendment (Information
Sharing) Bill 2014
This Bill was passed by both Houses of Parliament on 17 June
2014.
Election Funding, Expenditure and Disclosures Consequential
Amendment Bill 2014
This Bill was passed by both Houses of Parliament on 17 June
2014.
Electoral and Lobbying Legislation Amendment (Electoral Commission)
Bill 2014
The objects of this Bill are to reconstitute the New South Wales
Electoral Commission, to abolish the Election Funding Authority and
to confer its functions on the reconstituted New South Wales
Electoral Commission and to provide for a Register of Third-Party
Lobbyists, a Lobbyists Watch List and a Code of Conduct for third
party and other lobbyists. This Bill was passed by both Houses of
Parliament on 18 June 2014.
Statute Law (Miscellaneous Provisions) Bill 2014
This Bill was passed by both Houses of Parliament on 18 June
2014.
Proclamations commencing Acts
Crimes Amendment (Provocation) Act 2014 No 13 (2014-354)
— published LW 13 June 2014
This Proclamation appoints 13 June 2014 as the day on which the
Crimes Amendment (Provocation) Act 2014 commences.
Regulations and other miscellaneous instruments
Civil Liability Regulation 2014 (2014-355) — published LW
13 June 2014
This act remakes the Civil Liability Regulation 2009 with minor
amendments including prescribing certain non-government schools as
authorities for the purposes of the Civil Liability Act 2002, the
exclusion of certain civil liabilities from the operation of that
Act and other saving provisions and formal matters.
Acts
Government Information (Public Access) Act No 52 of
2009
This Act may be affected by the
Electoral and Lobbying Legislation Amendment (Electoral Commission)
Bill 2014 to reconstitute the NSW Electoral Commission and
provide for a Register of Third-Party Lobbyists, a Lobbyists Watch
List and a Code of Conduct for third-party and other lobbyists
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.