Australia: NSW Government Bulletin - 4 November 2015

Last Updated: 9 November 2015
Article by Lyn Nicholson

On 28 October 2015 the Data Sharing (Government Sector) Bill 2015 (Bill) was introduced into New South Wales Parliament.

The objective of the Bill is to enable government sector agencies to share data with the Data Analytic Centre (DAC) within the Department of Finance, Services and Innovation or other government agencies for certain purposes which include allowing the government to carry out data analytics for the purposes of identifying issues and solutions to better develop government policy, program management and service planning and delivery by government agencies.

The Bill ensures that there are certain safeguards in relation to the handling of shared data built to the Bill and also provides that where data is shared that includes personal information or health information then the relevant privacy legislation being either the Privacy and Personal Information Protection Act 1988 or the Health Records and Information Privacy Act 2002 continue to apply.

The Act can be seen as a positive step in encouraging data sharing subject to existing regulations and additional safeguards. It allows sharing with the DAC as well as other government sector agencies for similar purposes and it makes provision for the minister to direct a government sector agency to share data. The Bill has received statements of support from a number of government and community figures including the NSW Privacy Commissioner

One issue it raises for government sector agencies in terms of their compliance with the Privacy and Personal Information Protection Act and the agency's privacy management plan is that section 10(c) requires that an agency in its collection notice notify individuals of the "intended recipients" of their information.

If this Bill is passed then it would be expected that a reference to the DAC within the Department of Finance Services and Innovation should be added to all collection notices and should be noted in the privacy management plan.

One issue this Bill raises is whether there is already some level of inter-departmental data sharing that is not appropriately acknowledged in collection notices and this is something that government sector agencies would be well advised to consider and to update both their collection notices and their privacy management plans.

Upcoming Seminar: Your subpoena checklist
In this seminar, 17 November 2015, we will take you through a suggested checklist of issues to consider when a subpoena lands on your desk. Click here for more information.

Save the Date - 23 February 2016
Government Lawyers half day conference
Holding Redlich and the ACC invite you to attend an intensive half day conference. Registration is open to lawyers employed in the public sector.

What do you want to hear about?
Please take part in our anonymous two minute survey. This is the best way to get the most out of the conference – by helping us design session content which is relevant to you. Alternatively email us with your thoughts/comments/input.

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

NSW Privacy Commissioner calls for statutory remedies for serious invasions of privacy
Dr Coombs' written submission, available on the Parliament of NSW website, supports the recommendations for the development of a statutory cause of action made by Law Reform Commission reports, produced by New South Wales, Victoria and at the Commonwealth level (30 October 2015). More...

Strong voice for victims
Eleven members have been appointed to the Victims Advisory Board. The advice and counsel of the Board will help shape services to ensure they are giving victims the right kinds of support when they need it, according to the Attorney-General (26 October 2015). More... More...

Stronger bail laws to protect against terror risk
The NSW Government will introduce new laws into NSW Parliament that will make it harder for people with links to terrorism to get bail. The legislation implements the amendments recommended by the Joint Commonwealth-NSW Martin Place Siege Review, the final report of the Hatzistergos Review and NSW Sentencing Council (20 October 2015). More...

60 per cent of NSW councils 'not fit': tribunal
Almost two-thirds of NSW councils have been declared "not fit" by an Independent Pricing and Regulatory Tribunal (IPART) report released and again forcefully pressed to merge by NSW Premier Mike Baird under the government's Fit for the Future campaign, with thirty days to respond (20 October 2015). More...

In practice and courts

ICAC: Public inquiry into University of Sydney ICT contractor recruitment image

Public inquiry into University of Sydney ICT contractor recruitment
The ICAC will hold a public inquiry commencing on Monday 9 November 2015 as part of an investigation it is conducting into allegations concerning information communication technology (ICT) contractor recruitment by Jason Meeth (28 October 2015). More...

IPC NSW: Personal information as a public interest consideration under the GIPA Act
The IPC reminds public sector agencies of the Information Commissioner's "Guideline 4: Personal information as a public interest consideration under the GIPA Act" Personal information can be both a consideration in favour of disclosure, and a consideration against disclosure (20 October 2015). More...

BOSCAR
NSW Custody Statistics to Sept 2015, the release date is 02 November 2015.

JUDCOM Sentencing Bench Book: Update 32
Includes Procedural fairness; Fact finding at sentence; Setting terms of imprisonment; Standard non-parole period offences; Objective factors (26 October 2015). More...

NSW Parliament - This month in committees

Upcoming hearings

Reparations for the Stolen Generations in New South Wales, #1 (Thu 05).

Reparations for the Stolen Generations in New South Wales, #2 (Fri 06).

Remedies for the serious invasion of privacy in New South Wales (Mon 16).

Security classification and management of inmates sentenced to life imprisonment (Mon 23).

Security classification and management of inmates sentenced to life imprisonment (Fri 27).

Inquiries receiving submissions

Inquiry into elder abuse in New South Wales, closes 15 November.

Inquiry into Sexualisation of children and young people, closes 5 February.

Reports

Inquiry into the Regulation of Brothels (report due) (Thu 12).

Reports

Inquiry into Progress of the Ombudsman's investigation 'Operation Prospect' (report due) (Tue 08)

Published – articles, papers, reports

Supreme Court Chief Justice's Speech
The Supreme Court has made available The History of Equity (27 October 2015), the Francis Forbes Society Australian Legal History Tutorial delivered by Chief Justice Bathurst.

The Greater Sydney Commission
NSW Parliamentary Research Service October 2015 e-brief 20/2015. This e-brief looks at the background to the proposed Greater Sydney Commission and discusses its proposed structure and functions in light of stakeholder comments and arrangements in place for comparable bodies, notably Melbourne's Metropolitan Planning Authority. More...

Violent and property crime trends: local and international comparisons
NSW Bureau of Crime Statistics and Research; Paul Nelson, 19 October 2015. Compares crime trends in New South Wales (NSW), Australia, New Zealand, Canada, the USA, England and Wales, and Scandinavia. More...

Cases

Community Action for Windsor Bridge Inc v NSW Roads and Maritime Services & anor [2015] NSWLEC 167
JUDICIAL REVIEW – application for declaration that decision of Minister for Planning and Infrastructure to approve destruction of Windsor Bridge and construction of new bridge invalid – whether decision void for lack of certainty and finality – whether Minister's decision defers determination of material modifications so as not to amount to "approval" – validity on grounds of finality and certainty to be determined by construction of statute vesting decision-making power – approval under (NSW) Environmental Planning and Assessment Act 1979, Pt 5.1 – permissibility of degree of generality – requirement that outer limits of approval are discernible – relevance of complexity and scope of project under approval – whether outer parameters of approval defined – whether Minister failed to take into account relevant considerations – whether cultural heritage was mandatory relevant consideration – whether Minister failed to give proper consideration to cultural heritage – severance of void condition – whether severance of impugned condition, if invalid, would result in approval operating substantially differently – Wednesbury unreasonableness – application of doctrine in planning context – whether inclusion of impugned condition manifestly unreasonable. More...

Neary v Commissioner of Police, NSW Police Force [2015] NSWCATAD 223
GOVERNMENT INFORMATION – Applications lodged out of time – Whether applications should be accepted out of time – Whether reasonable excuse for delay. More...

Charles Gauci v Commission for Fair Trading NSW [2015] NSWCATAD 218
GOVERNMENT Information – Legal professional privilege – Legal advice – intention to obtain legal advice – conclusive presumption of overriding public interest against disclosure. More...

Eyes v Wyong Shire Council [2015] NSWCATAD 214
Government Information (Public Access) - whether public interest considerations against disclosure outweigh the public interest considerations favouring disclosure - whether information already disclosed. More...

Legislation

NSW

Regulations and other miscellaneous instruments

Administrative Arrangements (Administration of Acts—Amendment No 4) Order 2015 (2015-658) — published LW 30 October 2015

Administrative Arrangements (Administrative Changes—Liquor and Gaming) Order 2015 (2015-659) — published LW 30 October 2015

Child Protection (Working with Children) Amendment (Exemption from Notification) Regulation 2015 (2015-656) — published LW 29 October 2015

Children and Young Persons (Care and Protection) Amendment (Cessation of Authorisation) Regulation 2015 (2015-661) — published LW 30 October 2015

Crimes (Administration of Sentences) Amendment (National Security Interest Inmates) Regulation 2015 (2015-662) — published LW 30 October 2015

Gaming Machines Amendment (Hardship Gaming Machines) Regulation 2015 (2015-663) — published LW 30 October 2015

Bills introduced Government – 30 October 2015
Data Sharing (Government Sector) Bill 2015 - The objects of this Bill are:

-to enable government sector agencies to agree to share government sector data with the Data Analytics Centre in the Department of Finance, Services and Innovation

or other government sector agencies for certain purposes; and to

- specify safeguards (including in relation to the collection, use, disclosure, protection,

keeping, retention or disposal of health information or personal information of individuals.

Firearms and Weapons Prohibition Legislation Amendment Bill 2015
The Bill creates a new offence for the possession of a stolen firearm, which will carry a maximum penalty of 14 years' imprisonment

Gaming and Liquor Administration Amendment Bill 2015

Bills revised following amendment in Committee – week ending 30 October 2015

Statute Law (Miscellaneous Provisions) Bill (No 2) 2015
According to the explanatory note, the objectives of the Bill are to: make minor amendments to various Acts; amend certain other Acts and instruments for the purpose of effecting statute law revision; make minor amendments to various Acts and instruments consequent on the enactment of the Government Sector Employment Act 2013 No. 40 (NSW).

Bills passed by both Houses of Parliament –week ending 30 October 2015

Bail Amendment Bill 2015
Specifically, the Bill would amend the principal Act to: provide new bail conditions that may be imposed by courts in s. 28 (Bail condition can impose accommodation requirements); confer the power to make a bail decision for an offence, on certain police officers in specific circumstances.

Criminal Procedure Amendment (Child Sexual Offence Evidence Pilot) Bill 2015
According to the explanatory note, the objective of the Bill is to give effect to a pilot scheme that augments provisions in the principal Act relating to the giving of evidence in criminal proceedings by certain vulnerable persons in the form of recordings of previous representations and by closed-circuit television or similar technology in court proceedings.

Occupational Licensing National Law Repeal Bill 2015
The objective of the Bill, which is cognate with the Regulatory Reform and Other Legislative Repeals Bill 2015 (NSW), is to terminate the involvement of NSW in a scheme to replace state- and territory-based licensing arrangements with a national occupational licensing scheme

Regulatory Reform and Other Legislative Repeals Bill 2015

Terrorism (Police Powers) Amendment Bill 2015

Bills introduced Government – 23 October 2015

Courts and Other Justice Portfolio Legislation Amendment Bill 2015
Legislative Assembly 20/10/2015 Introduced and read a first time second reading, debate adjorned. This Bill is for an Act to amend various Acts relating to courts and other Justice portfolio matters. According to the explanatory notes, the objectives of the Bill are to make amendments specifically to to:

Civil Procedure Act 2005 No. 28 (NSW) in relation to payments attached to garnishee orders, persons under legal incapacity, judgment debts and interest paid on orders for costs;

Crimes (Sentencing Procedure) Act 1999 No. 92 (NSW) to make it clear that a court may consider work arrangements in another State or Territory when considering whether to make a community service order with respect to an offender;

Criminal Procedure Act 1986 No. 209 (NSW) to clarify provisions relating to the commencement of proceedings for offences (including common law offences) by police officers and public officers;

Evidence (Audio and Audio Visual Links) Act 1998 No. 105 (NSW) to make it clear that all parties' interests must be considered before the court makes a direction that a person may give evidence or make a submission by audio link or audio visual link;

Government Information (Public Access) Act 2009 No. 52 (NSW) to provide that certain information held by the State Parole Authority is information for which there is a conclusive presumption against disclosure

Greater Sydney Commission Bill 2015
Legislative Assembly 27/10/2015 Second reading debate continued and adjourned; Legislative Assembly 22/10/2015 Introduced and read a first time. This Bill is for an Act to constitute and confer functions on the Greater Sydney Commission and to provide for the constitution of planning panels for the Greater Sydney Region

Privacy and Personal Information Protection Amendment (Exemptions Consolidation) Bill 2015

The objects of this Bill are to amend the Privacy and Personal Information Protection Act 1998 (i) to allow public sector agencies to disclose personal information to interstate persons or bodies or Commonwealth agencies for certain purposes, and to collect, use and disclose personal information for certain research purposes, based on existing exemptions applicable to health information under the Health Records and Information Privacy Act 2002.

Bills passed by both Houses of Parliament – 23 October 2015

Local Government Amendment (Councillor Misconduct and Poor Performance) Bill 2015

Mining and Petroleum Legislation Amendment (Harmonisation) Bill 2015

Work Health and Safety (Mines and Petroleum) Legislation Amendment (Harmonisation) Bill 2015

Bills assented to

Fair Trading Amendment (Information About Complaints) Act 2015 No 30 — Assented to 22 October 2015.

Residential Tenancies and Housing Legislation Amendment (Public Housing—Antisocial Behaviour) Act 2015 No 34 — Assented to 22 October 2015.

For the full text of Bills, and details on the passage of Bills, see Bills.

This publication does not deal with every important topic or change in law and is not intended to be relied upon as a substitute for legal or other advice that may be relevant to the reader's specific circumstances. If you have found this publication of interest and would like to know more or wish to obtain legal advice relevant to your circumstances please contact one of the named individuals listed.

To print this article, all you need is to be registered on Mondaq.com.

Click to Login as an existing user or Register so you can print this article.

Authors
Lyn Nicholson
 
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
Tools
Print
Font Size:
Translation
Channels
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
Password
Confirm Password
Mondaq Topics -- Select your Interests
 Accounting
 Anti-trust
 Commercial
 Consumer
 Criminal
 Employment
 Energy
 Environment
 Family
 Finance
 Government
 Healthcare
 Immigration
 Insolvency
 Insurance
 International
 IP
 Law Performance
 Law Practice
 Litigation
 Media & IT
 Privacy
 Real Estate
 Strategy
 Tax
 Technology
 Transport
 Wealth Mgt
Regions
Africa
Asia
Asia Pacific
Australasia
Canada
Caribbean
Europe
European Union
Latin America
Middle East
U.K.
United States
Worldwide Updates
Check to state you have read and
agree to our Terms and Conditions

Terms & Conditions and Privacy Statement

Mondaq.com (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 www.mondaq.com

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 Mondaq.com’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.

Disclaimer

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.

Registration

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 unsubscribe@mondaq.com 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.

Cookies

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.

Links

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.

Mail-A-Friend

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.

Security

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 webmaster@mondaq.com.

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 EditorialAdvisor@mondaq.com.

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 enquiries@mondaq.com.

If for some reason you believe Mondaq Ltd. has not adhered to these principles, please notify us by e-mail at problems@mondaq.com and we will use commercially reasonable efforts to determine and correct the problem promptly.