Australia: NSW Government lawyers Linkedin group

Last Updated: 2 July 2017
Article by Christine Jones

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 those employed in the public sector.

In the media

ICAC wipes slate clean with new appointments
The New South Wales Government nominates two new Commissioners and a new Inspector for the Independent Commission Against Corruption, officially wiping the slate clean after one of the most bitter chapters in the organisation's history (22 June 2017). More...

ICAC finds former Western Sydney RIDS officer corrupt, recommends tighter regulation of asbestos waste disposal
The ICAC has found that former Western Sydney Regional Illegal Dumping Squad (WS RIDS) officer Craig Izzard engaged in serious corrupt conduct by deliberately failing to investigate unlawful waste disposal, including asbestos dumping, in return for benefits including cash payments and mobile telephones (21 June 2017). More...

NSW Bill increasing Police powers in terror situations rushed through Parliament
The Terrorism Legislation Amendment (Police Powers and Parole) Bill 2017 allows the Commissioner of Police to make a declaration that an incident to which police officers are responding is or is likely to be a terrorist act. The police will then be able to take pre-emptive action against terrorists. The Bill also makes some changes to the grant of parole for people deemed to be "terrorism related offenders" (22 June 2017). More...

Tough new laws to combat terrorism
Premier Gladys Berejiklian said that NSW would continue to have the toughest counter-terror laws in the country with the introduction of the Terrorism Legislation Amendment (Police Powers and Parole) Bill into the Parliament (22 June 2017). More...

No consultation on proposed "shoot to kill" legislation
The Law Society of NSW is gravely concerned about proposed legislation being rushed through the NSW Parliament today. President of The NSW Law Society of NSW Pauline Wright said there had been no consultation with the Law Society of NSW on the Terrorism Legislation Amendment (Police Powers and Parole) Bill 2017 (21 June 2017). More...

Proposed appointment of Privacy Commissioner
Attorney General Mark Speakman today announced the proposed appointment of Samantha Gavel as NSW Privacy Commissioner after an independent recruitment process led by the NSW Public Service Commissioner (21 June 2017). More...

$220 000 funding boost for Youth Koori Court (NSW)
A dedicated court for young Aboriginal offenders in Western Sydney will receive greater support, with the NSW Government now funding an additional full time caseworker (21 June 2017). More...

Legal profession warmly welcomes Professor Rosalind Croucher as AHRC President
The Law Council of Australia has welcomed the appointment of Emeritus Professor Rosalind Croucher AM as the next President of the Australian Human Rights Commission (AHRC) (20 June 2017). More... More...

NSW Budget to deliver fast and secure justice
The 2017-18 NSW Budget will deliver new high-tech courts and fund a range of initiatives to protect our communities and make the justice system faster and more accessible, Attorney General Mark Speakman announced (20 June 2017). More...

They've stolen the payments': Push to increase NSW victims of crime scheme Victims of crime call on the NSW Government to increase funding for compensation, after the scheme was scaled back four years ago (16 June 2017). More...

LCA: Recommendations in new elder abuse report should trigger decisive Government action
A new incident response scheme for aged care should be introduced, and many of the other key recommendations of the Australian Law Reform Commission's (ALRC's) vitally important report pursued, according to the Law Council of Australia (15 June 2017). More...

Muslim woman charged over refusal to stand in court considers challenge
Moutia Elzahed, who is the first person in NSW to be charged with the offence of disrespectful behaviour in court since it was introduced last year, is considering a constitutional challenge (15 June 2017). More...

In practice and courts

Accountability and the Law 2017 Conference
The conference will be held on 17 August in Canberra by the Australia Institute. More...

NDIS costs: Productivity Commission costs position paper, including NIIS comment
Released by the Productivity Commission's NDIS Costs position paper, this it sets out preliminary conclusions and seeks feedback by 12 July 2017.

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. 25/2017, 20 June 2017
Issue No. 24/2017, 13 June 2017

OAIC: Notifiable Data Breaches draft resources
Draft resources on the Notifiable Data Breaches (NDB) scheme have been published to assist organisations in understanding their compliance obligations from 22 February 2018. The OAIC is still in the process of developing resources about a number of other topics relating to the NDB scheme. These will be published on our website. Any comments on the draft resources are open until 14 July 2017.

OAIC: Privacy business resource 21: Australian businesses and the EU General Data Protection Regulation
From 25 May 2018 Australian businesses of any size may need to comply with the GDPR if they have an establishment in the European Union (EU), or if they monitor the behaviours of individuals in the EU. The GDPR includes requirements that resemble those in the Privacy Act 1988, and additional measures that similarly aim to foster transparent information handling practices and business accountability around data handling. More...

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...

AHRC: OPCAT submissions
The Human Rights Commissioner has released a consultation paper and a call for submissions on Australia's implementation of the Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (OPCAT). The Federal Government intends to ratify OPCAT by December 2017. Parties wishing to respond to the OPCAT consultation paper should do so by 21 July 2017.

ANAO: Performance audit in-progress
Due to table: July 2017, the audit objective is to assess the effectiveness and efficiency of entities' implementation of the Freedom of Information Act 1982. More...

AIJA Court Media Officers' Conference
The Conference will be held Thursday 31 August and Friday 1 September 2017 in Sydney. More...

COAT National Registrars & Executive Officers Conference Save the date! 20 October 2017 in Adelaide. More...

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


IPC NSW: Media Reports concerning The Cosmetic Institute
Over the weekend there were reports in the media that the website of The Cosmetic Institute displayed images as well as the personal and health information of patients. The A/Privacy Commissioner is in the process of following up these allegations (05 June 2017). More...

Department of Justice 2017 Regulatory Impact Statements

Proposed NSW Trustee and Guardian Regulation 2017
The NSW Department of Justice is seeking comments on the public consultation draft of the proposed NSW Trustee and Guardian Regulation 2017 and Regulatory Impact Statement. See the Regulatory Impact More...

Proposed Births, Deaths and Marriages Registration Regulation 2017 The NSW Department of Justice is seeking comments on the public consultation draft of the proposed Births, Deaths and Marriages Registration Regulation 2017 and Regulatory Impact Statement. See the Regulatory Impact Statement. More....

NSW Law Society Submissions May 2017

Criminal Legislation Amendment (Organised Crime and Public Safety) Act 2016

First review of the Dust Diseases scheme

ICAC: Early bird discount registration are now open for the Australian Public Sector Anti-Corruption Conference
Register by 15 August 2017, to take advantage of the early bird discount, via the above link to the APSACC 2017 website. More...

ICAC: Operation Tarlo public inquiry witness list
The Operation Tarlo public inquiry has adjourned until Wednesday 12 July 2017. The witness list can be accessed at the link, while transcripts for this inquiry are available at the quick link to the right of screen (21 June 2017). More...

ICAC: Operation Tarlo public inquiry adjourned
The Operation Tarlo public inquiry has adjourned until Wednesday 12 July 2017. Transcripts for this inquiry can be accessed at the quick link to the right of screen (16 June 2017). More...

ICAC: Prosecution briefs with the DPP and outcomes

Last updated 19 June 2017: Prosecution briefs with the DPP and outcomes

Last updated 15 June 2017: Prosecution briefs with the DPP and outcomes

Victims' involvement in sentencing
The NSW Attorney General has asked us to conduct a review of victims' involvement in the sentencing process. The deadline for preliminary submissions is Monday 31 July 2017. More...

Published – articles, papers, reports

Foreign political donations
e-brief 02/2017 June 2017: Chris Angus
This e-brief discusses current restrictions on political donations in NSW and other Australian jurisdictions in the light of recent media reports on donations from foreign and foreign-linked donors. It then outlines the means by which donors could bypass these restrictions, before briefly detailing the constitutional limitations to reform as a result of the implied freedom of political communication. More...

The determinants of trial duration: a preliminary study
Wai-Yin Wan, Don Weatherburn; NSW Bureau of Crime Statistics and Research: 19 June 2017 To conduct an exploratory analysis of the factors influencing trial duration in the NSW District Criminal Court. More...

OAICnet 15 June 2017
In this issue: Program announced for Data + Privacy Asia Pacific; Meet the international speakers; Virginia Trioli to MC Data + Privacy Asia Pacific. More...

Australian Bureau of Statistics
14/06/2017: In Focus: Crime and Justice Statistics, Stalking - June 2017 (cat no. 4524.0).


New South Wales v DC [2017] HCA 22
Negligence – Duty of care – Statutory power to report abuse of child to police – Where duty of care in exercise of statutory powers conceded – Where scope or extent of duty disputed – Where primary judge found that no authority acting reasonably could regard failure to report abuse to police as reasonable exercise of statutory powers in present case – Where State conceded that only reasonable exercise of statutory powers in some cases may be to report abuse to police – Whether appropriate in light of concessions to consider scope or extent of duty – Special leave to appeal revoked.
Tort – Vicarious liability – Where State conceded vicarious liability for breach of duty of care – Where statute providing for vicarious liability of Crown not in force – Where concession may not have reflected applicable law at relevant times – Special leave to appeal revoked.

Giddings v Australian Information Commissioner [2017] FCA 677
ADMINISTRATIVE LAW – application for judicial review of a decision of a delegate of the Australian Information Commissioner under s 54W(a)(ii) of the Freedom of Information Act 1982 (Cth) to refuse to continue to review a decision – whether decision-maker took an irrelevant consideration into account. PRACTICE AND PROCEDURE – where delegate named personally as the respondent – whether appropriate to instead name the delegator as the respondent – consideration of the effect of s 34AB(1)(c) of the Acts Interpretation Act 1901 (Cth) on the naming of the respondent.
PRACTICE AND PROCEDURE – applications for closed court, non-publication and suppression orders – whether grounds for making such orders.

McClymont v Department of Family and Community Services [2017] NSWCATAD 202
ADMINISTRATIVE LAW - Government information – Whether Tribunal has power to review implicit decision of agency that it does not hold information – Whether failure to find information applicant contends is held is a "decision" – Whether Tribunal may review sufficiency of search – No jurisdiction to review alleged failure to comply with obligation to conduct reasonable searches – Finding that agency does not hold additional information.
ADMINISTRATIVE LAW - Government Information –Whether applicant has maintained his application for review of decisions to refuse access to information – Finding that he has not.

Choi v University of Technology Sydney [2017] NSWCATAD 198
GOVERNMENT INFORMATION – Decision to impose processing charge – Whether applicant applied for internal review within time – Whether notice was "given to" the applicant when attached to an email received by her – Meaning of the statutory phrase "given to" - Whether application to Tribunal was within time – Finding that application was made out of time - Application for extension of time to apply to Tribunal for review of decision – Whether applicant had reasonable excuse for the delay – Tribunal not satisfied that there was a reasonable excuse.

C G Constructions Pty Limited v Hanson Constructions Materials Pty Limited [2017] NSWCATAP 130
ADMINISTRATIVE LAW – Civil and Administrative Tribunal – internal appeal – question of law – failure to address case advanced at first instance – error of law – constructive failure to exercise jurisdiction – no finding on material question of fact – remittal of proceedings.

Zonnevylle v Department of Finance, Services and Innovation [2017] NSWCATAD 186
ADMINISTRATIVE REVIEW - Government Information – attempt to reopen findings - reasonableness of searches – discharge of onus - whether reasonable grounds to believe information exists – unreasonable and substantial diversion of resources – balancing exercise – information already provided – legal professional privilege – allegations of delay - allegations of misconduct - request for referral to Minister – jurisdiction. PROCEDURAL FAIRNESS – application for disqualification.



Bills introduced - Government - 23 June 2017
Appropriation (Parliament) Bill 2017
Appropriation Bill 2017
Justice Legislation Amendment Bill 2017
Terrorism Legislation Amendment (Police Powers and Parole) Bill 2017

Bills revised following amendment in Committee - 23 June 2017
Local Government Amendment (Amalgamation Referendums) Bill 2017

Bills passed by both Houses of Parliament – 23 June 2017
Crimes Amendment (Intimate Images) Bill 2017
Firearms and Weapons Legislation Amendment Bill 2017
Terrorism Legislation Amendment (Police Powers and Parole) Bill 2017

Bills assented to
Terrorism Legislation Amendment (Police Powers and Parole) Act 2017 No 24 — Assented to 22 June 2017. For the full text of Bills, and details on the passage of Bills, see Bills.

Proclamations commencing Acts
Law Enforcement Conduct Commission Act 2016 No 61 (2017-256) — published LW 16 June 2017.

Regulations and other miscellaneous instruments

Electronic Transactions (ECM Courts) Amendment (Children's Court) Order 2017
(2017-288) — published LW 23 June 2017.

State Records Amendment Regulation 2017
(2017-287) — published LW 23 June 2017.

Surveillance Devices Amendment (Corresponding Law) Regulation 2017
(2017-276) — published LW 23 June 2017.

Victims Rights and Support (Victims Support Levy) Amendment Notice 2017
(2017-277) — published LW 23 June 2017.

Election Funding, Expenditure and Disclosures (Adjustable Amounts) Amendment Notice 2017
(2017-262) — published LW 16 June 2017.

Law Enforcement Conduct Commission Regulation 2017
(2017-263) — published LW 16 June 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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Christine Jones
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