Australia: NSW Government Bulletin – 5 April 2017

Last Updated: 6 April 2017
Article by Georgia Appleby

Most Read Contributor in Australia, July 2017

On 20 March 2017, the NSW Supreme Court handed down a decision as to costs in Edward Moses Obeid Snr v David Andrew Ipp [2017] NSWSC 271 concluding the most recent instalment in the Obeid saga. In his judgment, Hammerschlag J considered the context in which an order for indemnity costs is to be made. He held that in order to overcome the general rule that costs are to follow the event, a party must demonstrate that there has been unreasonable, inappropriate or otherwise unjustifiable behaviour of significance in connection with the conduct of a party to the proceedings.

Due to the nature of the allegations, namely that Mr Ipp acted maliciously, with an intent to cause irreparable damage and contrary to his ethical duties, and the fact that the allegations were "abandoned without explanation" and "entirely lacking in merit", his Honour held that this threshold was clearly met:

This is a clear case in which indemnity costs are appropriate, indeed necessary.

For a discussion of the substantive decision, please follow this link.

Former NSW Labor minister for primary industries and mineral resources, Ian Macdonald, has been found guilty of misconduct in public office. The crown argued that Macdonald had acted contrary to his duties to the state when he awarded a mining licence to Doyles Creek Mining without a competitive tender.

While Macdonald argued that the licence was awarded on merit, the court found that Macdonald had been influenced by the fact that Doyles Creek Mining was run by his political associate, former union boss John Maitland. Maitland has also been found guilty as an accessory.

Both Macdonald and Maitland have been released on bail but will face court again in May for sentencing. The crown has indicated that it will be seeking a custodial sentence and if such a finding is made, Macdonald and Maitland may join Obeid Snr who was sentenced in December 2016 to five years with a non-parole period of three years.

In other news, the NSW Director of Public Prosecutions has announced that it has charged the IT manager employed at the University of Sydney, Macquarie University and the University of Newcastle with 12 counts of fraud and deception arising out of conduct between 2005 and 2013. These charges are based on a finding by ICAC that during his employment the IT manager had written and approved over a dozen false invoices to the three universities and handled the proceeds through a company owned by a friend.

In the media

Government passes major reform to Australian Human Rights Commission

The Government has today passed the most significant reforms to the Australian Human Rights Commission in almost 20 years. The Commission will now have the powers it needs to terminate unmeritorious complaints as soon as possible. It will also be required to act fairly and expeditiously in dealing with complaints, and to notify respondents about a complaint. (31 March 2017). More...

Appointments to the Federal Court of Australia

The Attorney-General announces the appointments of Mr Roger Derrington QC and Mr Michael Lee SC as judges of the Federal Court of Australia (31 March 2017). More...

HRLC: Submission: Objective test in section 18C of the Racial Discrimination Act 1975

In a submission and evidence given to the Senate Standing Committee on Legal and Constitutional Affairs, the Human Rights Law Centre raised serious concerns over the Government's bill to water down both the wording and objective test in section 18C of the Racial Discrimination Act 1975 (RDA) (31 March 2017). More...

Government under pressure to clarify position on Indigenous justice targets

The Federal Government is under pressure to clarify its position on Indigenous justice targets, after Prime Minister Malcolm Turnbull softened resistance to the measure (30 March 2017). More...

Carly's Law introduced to protect minors from online predators

Authorities will be able to prosecute those lying about their age to minors online and intervene before a predator can act under new legislation introduced by the Federal Government (30 March 2017) Carly's Law introduced to protect minors from online predators

RSL branches across Australia to be investigated by ACNC

The Australian Charities and Not For Profits Commission (ACNC) is now investigating every state and territory branch of the Returned and Services League of Australia (RSL) (30 March 2017) RSL branches across Australia to be investigated by ACNC

Ian Macdonald faces jail time after being found guilty of misconduct

Former New South Wales Labor minister Ian Macdonald is found guilty of misconduct in public office for issuing a mining licence to a company run by his friend John Maitland (30 March 2017) Ian Macdonald faces jail time after being found guilty of misconduct

Enhanced protections against unwanted telemarketing calls

Ten years and more than 10.9 million numbers after the Do Not Call Register was launched, the ACMA has re-made the Telecommunications (Telemarketing and Research Calls) Industry Standard with improvements to better enable Australians to manage unwanted telemarketing (29 March 2017). More...

NDIS test case win for young Liam McGarrigle in Federal Court

The Federal Court has today ruled that laws governing the National Disability Insurance Scheme (NDIS) do not allow the government to only partially fund the supports that people with a disability need to help them lead ordinary lives (28 March 2017). More...

Foxtel breaches rules about political matter

Foxtel Cable Television Pty Limited (Foxtel) has breached the Broadcasting Services Act 1992 (the BSA) by not broadcasting the 'required particulars' following the broadcast of political matter. Required particulars include the name of the person or organisation who authorised the broadcast (28 March 2017). More...

Senate's powerful message on justice funding crisis should be heeded ahead of Budget

On the second last sitting day prior to the Federal Budget, the Senate has passed a historic motion calling for immediate action on the funding crisis affecting Australia's legal assistance sector and the Federal Courts (24 March 2017). More...

Crime agencies get clean sheet in audit

Agencies managing the nation's Proceeds of Crime laws have been given a clean audit report following an investigation of their procedures by the Australian National Audit Office (ANAO) (24 March 2017). More...

Senior Counsel Appointed District Court Judge

NSW barrister David Michael Wilson SC has been appointed to the bench of the District Court of NSW, Attorney General Mark Speakman announced today. Mr Speakman said Mr Wilson will replace Judge Raymond McLoughlin SC who retired on 15 March. (23 March 2017). More...

AHRC: Proposed changes to the Racial Discrimination Act

The Australian Human Rights Commission remains of the view that section 18C and 18D of the Racial Discrimination Act, as interpreted by the Courts, strike an appropriate balance between freedom of expression and protection from racial vilification (21 March 2017). More...

Don Dale teens forced into spit hoods, shackles win compensation

A judge awards compensation to four teenagers over their mistreatment at Darwin's Don Dale Youth Detention Centre after a tear-gassing incident in 2014 (21 March 2017). More...

Government ordered to hand over 'highly confidential' timetables

Transport for New South Wales is told to give Sydney's 2018 train timetables, which are expected to detail major disruptions for commuters, to the ABC after a three-year legal battle (21 March 2017). More...

Human Rights Legislation Amendment Bill

The Government Party Room has agreed to reforms to the Racial Discrimination Act 1975 (the RDA) and the Australian Human Rights Commission Act 1986 (the AHRC Act), which will strengthen Australia's anti-vilification laws, enhance freedom of speech and improve the complaint-handling processes of the Australian Human Rights Commission (the Commission) (21 March 2017). More...

'Corrupt' former NSW uni IT manager charged

A former university IT manager labelled as corrupt by the NSW corruption watchdog has now been hit with 12 fraud and deception charges by the state's public prosecutor (22 March 2017). More...

NSW Government ordered to hand over 'highly confidential' train timetables to ABC

Transport for New South Wales has been ordered to hand over "highly confidential" 2018 train timetables to the ABC. The draft documents will detail how the state capital's thousands of train users will be affected by the construction of Sydney Metro (21 March 2017). More...

Obeid family hit with multimillion-dollar bill over 'irresponsible' ICAC lawsuit

A Supreme Court judge has blasted former NSW Labor MP Eddie Obeid and his sons for bringing an "unreasonable" and "irresponsible" lawsuit against the corruption watchdog and ordered the family to pay a multimillion-dollar legal bill (20 March 2017). More...

In practice and courts

Latest HCA Bulletin
The High Court of Australia (HCA) has released the latest High Court Bulletin [2017] HCAB 2 (16 March 2017).

AHRC: Human Rights Legislation Amendment Bill 2017

The Commission has made a submission to parliament on the proposed changes to the Racial Discrimination Act and Australian Human Rights Commission Act (24 March 2017) Human Rights Legislation Amendment Bill 2017.

OAIC: Data + Privacy Asia Pacific Conference 2017

Privacy and data protection regulators from across the Asia Pacific region will join Australian industry leaders and data experts for the Data + Privacy Asia Pacific Conference in Sydney on 12 July this year. More...

Law Council of Australia: Submissions

27 March 2017: Human Rights Legislation Amendment Bill 2017 (3259)

21 March 2017: Strengthening the National Security of Australia's Critical Infrastructure Discussion Paper (3257)

20 March 2017: Design and Distribution Obligations and Product Intervention Power (BLS) (3256)

Law Council of Australia

24 March 2017 Opening statement: Human Rights Legislation Amendment Bill 2017 - Senate Legal and Constitutional Affairs Committee Hearing (re: s.18C)

AAT Bulletin

The AAT Bulletin is a weekly publication containing a list of recent AAT decisions and information relating to appeals against AAT decisions

Issue No. 13/2017, 27 March 2017 http://www.aat.gov.au/AAT/media/AAT/Files/Bulletins/13-17.pdf

Issue No. 12/2017, 20 March 2017 http://www.aat.gov.au/AAT/media/AAT/Files/Bulletins/12-17.pdf

ACMA: Proposed new rules to streamline researchers' access to de-identified data

The Australian Communications and Media Authority is consulting on remaking the Telecommunications Integrated Public Number Database Scheme 2007. If the IPND Scheme is not remade before April 2017, it will sunset.

COAT National Conference, 8 - 9 June 2017

COAT National conference will be held in conjunction with the COAT NSW Conference in Sydney on 8 & 9 June 2017. More...

Commonwealth Consultations

13 April 2017 - Closing date for submission to the AGD for its review of the Statutory Declarations Regulations 1993 (Cth)

October 2017 - Closing date for comments to the FCA on the General Practice Notes. More...

NSW

NSW Civil Trials Bench Book Update 33, 22 March 2017

The Juries chapter has been revised at [ 3-0045] to include Lyons v Queensland (2016) 90 ALJR 1107 which held that a deaf person who requires the assistance of an interpreter in the jury room is not eligible for jury service.

The Particular proceedings chapter includes a new section, "Applications for judicial review of administrative decisions, including decisions of tribunals", at [ 5-8500] written by the Honourable Justice C Adamson of the Supreme Court of NSW. More...

NSW ICAC: Prosecution briefs with the DPP and outcomes

Tables showing outcomes of ICAC-related prosecutions and briefs with the Director of Public Prosecutions. Updated 21 March 2017. More...

Published - articles, papers, reports

Parliamentary Budget Office review 2016-17

Joint Committee of Public Accounts and Audit, Ian Watt, Barry Anderson: 29 March 2017

Commissioned by the Joint Committee of Public Accounts and Audit after the 2016 election, this independent review explored the operations of the Parliamentary Budget Office (PBO) in the period since its establishment in 2012, with a focus on how it could build on its work so far. More...

New South Wales Auditor-General's report: 2016 - an overview

NSW Auditor-General: 30 March 2017

This report focuses on key observations and common issues identified from our financial, performance and compliance audits in 2016. More...

Parliamentary Joint Committee on Human Rights

Parliament of Australia: 28 March 2017

Some human rights obligations are absolute under international law. However, in relation to most human rights, prescribed limitations on the enjoyment of a right may be justified under international law if certain requirements are met. Accordingly, a focus of the committee's reports is to determine whether any limitation of a human right identified in proposed legislation is justifiable. More...

Proceeds of Crime

ANAO: 22 March 2017

The objective of this audit was to examine the effectiveness of the Australian Federal Police's, the Australian Financial Security Authority's and the Attorney-General's Department's administration of property and funds under the Proceeds of Crime Act 2002. More...

Protest prohibited: Commissioner of Police v Keep Sydney Open

By Daniel Meyerowitz-Katz and Benjamin Brad: NSW Law Society Journal, March 2017

Part 4 of the SO Act creates a regime to protect people from being prosecuted when they seek to exercise those rights. However the KSO case reveals flaws in the statutory framework which are currently facilitating the erosion of these essential democratic rights. More...

Counterterrorism Yearbook 2017

Australian Strategic Policy Institute, Jacinta Carroll: 21 March 2017

This yearbook looks at those areas around the world where terrorism and counterterrorism are in greatest focus. More...

Supreme Court Oration, 'Judicial method in the 21st century'

Watch a recording or download the paper from the Supreme Court Oration 2017 - Judicial method in the 21st century, presented by the Honourable Susan Kiefel AC, Chief Justice of Australia on 16 March 2017. More...

Cases

Geoff Carpenter and Bureau of Meteorology (Freedom of information) [2017] AICmr 29

Freedom of Information — Whether the information about the applicant's employment is incorrect – Whether it should be amended – (CTH) Freedom of Information Act 1982 ss 48 and 50. More...

'LB' and Comcare (Privacy) [2017] AICmr 28

Privacy — Privacy Act — Information Privacy Principles — (CTH) Privacy Act 1988 s 52 — IPP 4 — Data security failure — IPP 11 —Unauthorised disclosure of personal information — Compensation awarded — Non-economic loss — Economic loss not awarded— Aggravated damages not awarded — Section 52(3) expenses awarded. More...

Shajor Pty Ltd and Australian Skills Quality Authority (Freedom of information) [2017] AICmr 27

Freedom of Information — Whether disclosure would unreasonably affect an organisation in respect of its lawful business affairs — (CTH) Freedom of Information Act 1982 s 47G. More...

Wushu Council Australia Limited and Australian Sports Commission (Freedom of information) [2017] AICmr 26

Freedom of Information — Whether disclosure would disclose trade secrets or commercially valuable information — Whether disclosure of personal information unreasonable —Whether disclosure would unreasonably affect an organisation in respect of its lawful business affairs — Whether contrary to public interest to release conditionally exempt documents — Whether the agency has discharged its onus of establishing that its decision to refuse the request is justified — (CTH) Freedom of Information Act 1982 ss 11A(5), 47(1), 47F, 47G, 55D. More...

XXVII v The Commonwealth of Australia [2017] FCA 320

ADMINISTRATIVE LAW — validity of determination made and summons issued under the Australian Crime Commission Act 2002 (Cth) — whether Board of the Australian Crime Commission may authorise a special investigation of indeterminate length — determination valid — summons valid — summons not "spent"

STATUTORY INTERPRETATION — effect of amendment to an Act — whether an instrument made under an Act prior to amendments remained operative after amendments — instrument remained operative notwithstanding amendments

STATUTORY INTERPRETATION — whether an instrument issued pursuant to s 33(3) of the Acts Interpretation Act 1901 (Cth) constitutes a substantive amendment to a determination under s 7C(3) of the Australian Crime Commission Act 2002 (Cth) — temporal limit on investigation removed — where reason for or scope or purpose of investigation remained unaltered by the amending instrument — no new investigation — unnecessary for condition under s 7C(3) to be observed — condition observed in any event. More...

Dattilo v Commonwealth of Australia (as represented by the Department of Infrastructure and Regional Development) [2017] FCA 329

PRACTICE AND PROCEDURE – application for a stay pending application for special leave to appeal to High Court – application dismissed, with costs – Constitution. More...

Telstra Corporation Limited v Australian Competition and Consumer Commission [2017] FCA 316

ADMINISTRATIVE LAW – judicial review – whether the Australian Competition and Consumer Commission committed multiple reviewable errors in making final access determinations under Pt XIC of the Competition and Consumer Act 2010 (Cth) in respect of seven declared fixed line telecommunication services supplied by Telstra Corporation Limited on its Public Switched Telephone Network and Digital Subscriber Network. More...

Oreb v Australian Securities and Investments Commission (No 2) [2017] FCAFC 49

CORPORATIONS – appeal from a decision denying judicial review – meaning of the phrase "each of the corporations was wound up" in s 206F(1)(a)(ii) of the Corporations Act 2001 (Cth) – whether s 206F(1)(a)(ii) requires that a liquidator's report under s 533(1) of the Act be lodged while the relevant person was an officer of the relevant corporation or within 12 months after the person has ceased to be an officer of that corporation – appeal dismissed

ADMINISTRATIVE LAW – appeal from a decision denying judicial review – review sought of decision by Australian Securities and Investment Commission ("ASIC") to issue show cause notices pursuant to s 206F(1)(b)(i) of the Corporations Act 2001 (Cth) – existence of jurisdictional fact – whether it is a precondition of the exercise of ASIC's power under s 206F(1)(b)(i) that the relevant corporation be completely wound up, as opposed to commenced to be wound up, while the relevant person is an officer of the relevant corporation or within 12 months of the time that the relevant person ceased to be an officer of the relevant corporation – whether it is a precondition of the exercise of ASIC's power under s 206F(1)(b)(i) that the liquidator lodge a s 533(1) report while the relevant person is an officer of the relevant corporation or within 12 months of the relevant person ceasing to be an officer of that corporation – appeal dismissed

STATUTORY INTERPRETATION – meaning of the phrase "each of the corporations was wound up" in s 206F(1)(a)(ii) of the Corporations Act 2001 (Cth) – whether s 206F(1)(a)(ii) requires that a liquidator's report under s 533(1) of the Act be lodged while the relevant person was an officer of the relevant corporation or within 12 months after the person has ceased to be an officer of that corporation. More...

SZVCP v Cho [2017] FCA 310

ADMINISTRATIVE LAW – application for review of decisions made by Registrars of the Federal Court of Australia – where Registrars refused to accept documents for filing pursuant to r 2.26 of the Federal Court Rules – whether Registrars' decisions were beyond power or an abuse of power – whether Registrars complied with the rules of natural justice – whether Registrars' decisions were legally unreasonable – standard of legal unreasonableness under s 5(2)(g) of the Administrative Decisions (Judicial Review) Act – whether Registrars took into account irrelevant considerations

Administrative Decisions (Judicial Review) Act 1977 ss 5(1)(a), 5(1)(c), 5(1)(e), 5(2)(a), 5(2)(g), 5(2)(j); Federal Court Rules 2011 (Cth) rr 2.26. The decision of the Deputy District Registrar made on 23 November 2016 be set aside. More...

Sandini Pty Ltd v Commissioner of Taxation [2017] FCA 287

ADMINISTRATIVE LAW – jurisdiction – whether the court has jurisdiction to grant declaratory relief pursuant to s 39B(1A) of the Judiciary Act 1903 (Cth) – whether there is a genuine controversy between the parties that is susceptible to judicial determination – whether declaratory relief is available when a tax assessment is yet to be issued – whether Court should exercise its discretion to grant declaratory relief

TRUSTS AND TRUSTEES - shares held on trust – certainty of trust property - whether possible to have trust of a certain number of shares out of a larger parcel of shares. More...

Andriotis and Building Practitioners Board [2017] AATA 378

The Tribunal affirms the decision under review.

BUILDING PRACTITIONERS - registration of building practitioner in Victoria - mutual recognition scheme - refusal to recognise registration - applicant registered in New South Wales - applicant's initial application for registration deficient, defective and misleading - applicant unable to provide any particulars of experience - witness statements lodged in support of application of questionable authenticity and authorship - evidence given by applicant's witnesses directly contradicted applicant - where applicant refused to be recalled for re-examination - where applicant made misrepresentations about professional qualifications - where applicant demonstrates no respect for the law or for technical and professional codes - applicant found not to be of good character - decision affirmed

STATUTORY INTERPRETATION - Commonwealth mutual recognition scheme - application of mutual recognition principles - exception to principle that registration will be recognised by way of mutual recognition - recognition subject to laws regulating registration where uniformly applied and unrelated to qualifications or experience. More...

Australian Fisheries Management Authority and Whish-Wilson (Freedom of information) [2017] AATA 375

FREEDOM OF INFORMATION — Access to documents — whether Tribunal has jurisdiction to review Information Commissioner's decision — whether Tribunal has power to refuse access to a document to which access has been granted — variation of access refusal decision — whether original decision can be varied under Freedom of Information Act 1982, s 55G if revised decision does not give access to requested document in full.

Freedom of Information Act 1982, ss 4(1), 15, 22, 27, 47, 47E, 47F, 47G, 53A, 53B, 53C, 54K, 54L, 54M, 55G, 55K, 57A, 58. More...

ZDB v The University of Newcastle [2017] NSWCATAP 70

DIRECT DISCRIMINATION – whether alleged conduct engaged occurred "on the ground of" disability – whether "imputed knowledge" sufficient to support finding under s 49B(1)(a), Anti-Discrimination Act 1977 (NSW) – imputed knowledge not relevant or helpful INDIRECT DISCRIMINATION – evidence of proportions of base group who comply and do not comply with requirement, under s 49B(1)(b), Anti-Discrimination Act 1977 (NSW) – judicial notice of effect of depression - insufficient to establish required relationship of proportions FINDINGS OF FACT – whether fact finding of Tribunal at first instance conducted in an orthodox and reasonable manner – no perverse fact finding – no irrelevant considerations taken into account – relevant considerations not ignored – relevant evidence or material not ignored PROCEDURAL FAIRNESS – self-represented litigant - the duty of a court or tribunal to give assistance to give a self-represented litigant – court or tribunal required to ensure the hearing is fair to both parties – Tribunal did not fail in its duty to give assistance to the appellant as a self-represented litigant. More...

CNC v NSW Police Force [2017] NSWCATAD 94

PRIVACY – Whether provision of health information to an agency's solicitors is a use or disclosure of information – Finding that it is a use – Whether health information was used for the purpose for which it was collected – Whether possible to infer purpose of collection from documents – No reasonable and definite inference available - Insufficient evidence about purpose of collection – Need to relist matter for purpose of obtaining such evidence PRIVACY – Access to health information – Whether non-compliance with access principle permitted by law of legal professional privilege – Common law principles of legal professional privilege apply – Whether advice privilege at common law extends to letters of instruction from a solicitor to an expert – Finding that it does not – Non-compliance with access principle not permitted in circumstances of case ISSUE ESTOPPEL – Whether issue estoppel applies to determination made in interlocutory hearing in privacy proceedings –Whether issue in substantive proceedings is the same as that determined in interlocutory decision –Finding that issue is different because common law principles of legal professional privilege relevantly different from statutory principles governing advice privilege –Issue estoppel does not arise. More...

K v Commissioner for Corrective Services [2017] NSWSC 311

ADMINISTRATIVE LAW – judicial review – where decision of State Parole Authority – where decision of Commissioner for Corrective Services – where certiorari sought – whether the Commissioner for Corrective Services acted in bad faith and for an improper purpose – whether a failure to consider relevant considerations – whether consideration of irrelevant considerations – whether failure to provide reasons – whether an incorrect test was applied – whether there was insufficient evidence to support the outcome – further amended summons dismissed. More...

CWH v NSW Trustee and Guardian [2017] NSWCATAD 87

ADMINISTRATIVE LAW – review of decision of NSW Trustee and Guardian – the applicant is living rent free in the protected person's property - whether the decision to lease the property of the protected person to the applicant at a low market rent and if not acceptable to him, to consider alternative strategies such as private lease or selling the property is the correct and preferable decision. More...

Curtin v Lord Howe Island Board [2017] NSWCATAD 86

Government information – Client legal privilege – Lack of evidence to support claims of privilege - Whether claims of privilege successful – Personal information – Balance of public interest considerations in favour of release. More...

Saul & Anor v Commissioner for Fair Trading [2017] NSWCATAD 91

GIPA Act – Government Information – Access – Confidential evidence – Decisions substantially affirmed – Weight of evidence – Public interest considerations against disclosure. More...

Ku-ring-gai Council v Garry West as delegate of the Acting Director-General, Office of Local Government [2017] NSWCA 54

JUDICIAL REVIEW – Minister's proposal to merge part of a local government area (LGA) with the whole of another LGA – Merger Proposal referred to a Delegate of the Chief Executive for examination and report – whether the Delegate was required to consider the advantages and disadvantages of the Merger Proposal insofar as it contemplated the excision of part of one LGA – whether the Delegate misapprehended his functions under s 263(1) and (3) of the Local Government Act 1993 (NSW) – whether relief futile – whether Delegate carried out the statutory task of examination and report in relation to the Merger Proposal – whether constructive failure to fulfil the statutory function because the Delegate lacked access to documents over which the Department claimed public interest immunity PUBLIC INTEREST IMMUNITY – whether the primary Judge was correct to uphold a claim of public interest immunity to the production of documents recording analyses of the financial advantages and disadvantages of the Merger Proposal – documents prepared by consultants but submitted to Cabinet – whether public interest in the production of the documents outweighed the public interest in preserving secrecy and confidentiality PROCEDURAL FAIRNESS – whether an objecting Council denied procedural fairness because it was refused access to documents relevant to the Delegate's task STATUTORY INTERPRETATION – whether reasonable public notice of an inquiry given as required by s 263(2B) of the Local Government Act 1919 (NSW). More...

Re Amerind Pty Ltd (receivers and managers apptd) (in liq) [2017] VSC 127

STATUTORY INTERPRETATION/STARE DECISIS – Meaning of one common law of Australia – Whether a court's decision concerning the interpretation of state legislation is binding when interpreting in pari materia Commonwealth legislation when there are conflicting interpretations of the relevant term by state courts. More...

'LA' and Department of Defence (Privacy) [2017] AICmr 25

Privacy — Privacy Act 1988 Part III — Australian Privacy Principles – APP6 – Unauthorised disclosure of personal information – Compensation awarded – Non-economic loss – Aggravated damages not awarded – Section 52(3) expenses awarded. More...

'KZ' and Australian Federal Police (Freedom of information) [2017] AICmr 24

Freedom of Information — Whether disclosure would prejudice lawful methods or procedures — Whether disclosure is contrary to an order of the Australian Crime Commission — Whether disclosure would have a substantial adverse effect on the proper and efficient conduct of the operations of an agency — Whether disclosure of personal information unreasonable — Whether contrary to public interest to release conditionally exempt documents — (CTH) Freedom of Information Act 1982 ss 11A(5), 37(2)(b), 46(b), 47E(d) and 47F. More...

'KX' and Department of Veterans' Affairs (Freedom of information) [2017] AICmr 23

Freedom of Information — Whether reasonable steps taken to locate documents – (CTH) Freedom of Information Act 1982 s 24A. More...

William Yabsley and Australian Federal Police (Freedom of information) [2017] AICmr 22

Freedom of Information — Whether work involved in processing the request would substantially and unreasonably divert the resources of the agency from its other operations — (CTH) Freedom of Information Act 1982 ss 24, 24AA, 24AB. More...

'KW' and Department of Foreign Affairs and Trade (Freedom of information) [2017] AICmr 21

Freedom of Information — Charges — Request for waiver of charge — Whether giving access to documents is in the general public interest or in the interest of a substantial section of the public — (CTH) Freedom of Information Act 1982 s 29 More...

Cash World Gold Buyers Pty Ltd and Australian Taxation Office (Freedom of information) [2017] AICmr 20

Freedom of Information — Whether work involved in processing the request would substantially and unreasonably divert the resources of the agency from its other operations – (CTH) Freedom of Information Act 1982 ss 24, 24AA, 24AB. More...

Metro Mining Limited and Department of the Environment and Energy (Freedom of information) [2017] AICmr 19

Freedom of Information — Whether material obtained in confidence — (CTH) Freedom of Information Act 1982, s 45. More...

State of NSW v Kay [2017] NSWSC 274

SUPPRESSION ORDERS – Court Suppression and Non-Publication Orders Act 2010 – primary objective of administration of justice is to safeguard the public interest in open justice – whether safety of high risk sex offender at risk – whether suppression order necessary – whether evidence sufficient to establish that an order is necessary for the safety of the defendant – whether order of any utility in any event. More...

Edward Moses Obeid Snr v David Andrew Ipp [2017] NSWSC 271

COSTS – indemnity costs – basis for ordering – where Plaintiffs made grave allegations of misconduct which were either abandoned without explanation or held to be without merit – indemnity costs warranted. More...

Legislation

Commonwealth

Civil Law and Justice Legislation Amendment Bill 2017

Registered 27 March 2017; Introduced Senate 22 March 2017

For authoritative information on the progress of bills and on amendments proposed to them, please see the House of Representatives Votes and Proceedings, and the Journals of the Senate as available on the Parliament House website. More...

Human Rights Legislation Amendment Bill 2017

Registered 27 March 2017; Introduced Senate 22 March 2017

The Bill contains measures to reform section 18C of the Racial Discrimination Act 1975 (the RDA), to amend the complaints handling processes of the Australian Human Rights Commission (the Commission) under the Australian Human Rights Commission Act 1986 (the AHRC Act). More...

Fair Work Amendment (Corrupting Benefits) Bill 2017

Registered 23 March 2017 - The Bill amends the Fair Work Act 2009 (the Act) to respond to recommendations of the Final Report of the Royal Commission into Trade Union Governance and Corruption (the TURC Report), to promote the better governance of registered organisations. Substantial penalties will be imposed in relation to the giving, receiving or soliciting of corrupting benefits, with the provisions ensuring that there is a uniform and clear federal regime applying to registered organisations throughout Australia. More...

Regulations

Australian Crime Commission Amendment (Witness Expenses) Regulations 2017

29/03/2017 -This regulation provides for appropriate reimbursement of expenses to persons required to produce a document or thing to the Australian Criminal Intelligence Commission (ACIC) or to witnesses appearing at an ACIC examination. More...

Telecommunications Integrated Public Number Database Scheme 2017

24/03/2017 - This instrument largely replicates the Telecommunications Integrated Public Number Database Scheme 2007, due to sunset 1 April 2017, although the provisions relating to research authorisations have been amended to facilitate research industry management of access to IPND information and to allow the ACMA to grant a research authorisation on an ongoing basis. These changes are supplemented by strict conditions on the uses which the holder of the research authorisation may make of that information. More...

Public Governance, Performance and Accountability Amendment (Fair Work Ombudsman and Registered Organisations Commission Entity) Rules 2017

Tabled HR 20/03/2017; Tabled Senate 20 /03/2017 - This instrument amends Schedule 1 to the Public Governance Performance and Accountability Rule 2014 to list the Fair Work Ombudsman and Registered Organisations Commission Entity as a PGPA Act entity and repeals the item that lists the Office of the Fair Work Ombudsman as it has been combined into the foregoing entity. More...

Bills

Copyright Amendment (Disability and Other Measures) Bill 2017

House of Representatives; Introduced 22/03/2017 - The Bill includes important amendments to implement the Marrakesh Treaty to Facilitate Access to Published Works for Persons Who Are Blind, Visually Impaired or Otherwise Print Disabled as well as amendments to streamline the educational statutory licences and library exceptions and to limit the duration of copyright in unpublished material. More...

National Disability Insurance Scheme Savings Fund Special Account Bill 2016

Senate: Introduced and read a first time 20/03/2017; Second reading moved 20/03/2017

Establishes the National Disability Insurance Scheme Savings Fund Special Account to assist the Commonwealth to meet its funding obligations in relation to the National Disability Insurance Scheme. More...

NSW

Bills introduced Government – 31 March 2017

Greyhound Racing Bill 2017

Security Industry Amendment Bill 2017

Tattoo Parlours Amendment Bill 2017

Non-Government

Local Government Amendment (Disqualification from Civic Office) Bill 2017

Summary Offences Amendment (Safe Access to Reproductive Health Clinics) Bill 2017

Proclamations commencing Acts

Criminal Legislation Amendment (Organised Crime and Public Safety) Act 2016 No 16 (2017-95) — published LW 24 March 2017

Regulations and other miscellaneous instruments

Independent Commission Against Corruption Amendment (Commissioners) Regulation 2017 (2017-116) — published LW 31 March 2017

Public Finance and Audit Amendment (Statutory Bodies) Proclamation 2017 (2017-127) — published LW 31 March 2017

University of Sydney Amendment (Student Discipline) By-law 2017 (2017-120) — published LW 31 March 2017

Non-Government

Summary Offences Amendment (Safe Access to Reproductive Health Clinics) Bill 2017

Bills revised following amendment in Committee

Local Government Amendment (Rates—Merged Council Areas) Bill 2017

Bills passed by both Houses of Parliament

Local Government Amendment (Rates—Merged Council Areas) Bill 2017

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.

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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.