Australia: NSW Government Bulletin - 11 July 2017 - Part 2

Last Updated: 17 July 2017
Article by Christine Jones
Most Read Contributor in Australia, July 2017

NSW Government Lawyers Linkedin Group

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

Community groups call for greater freedom to speak out
Australian governments must act now to safeguard and encourage vibrant debate on matters of public interest, 15 non-government organisations have said in a new report Defending Democracy, to be released today (05 July 2017). More...

Statement by the Australian Information and Privacy Commissioner, Timothy Pilgrim, on personal information of Australian telecommunication customers
In light of the information provided, the OAIC considered that these allegations did not point to a failure on the part of the three providers to ensure reasonable steps are being taken to protect the personal information of Australian telecommunication customers at offshore call centres, and that no further regulatory action is warranted at this time (04 July 2017). More...

National Firearms Amnesty officially commences today
The National Firearms Amnesty will commence today, giving Australians an opportunity to hand in unregistered and unwanted firearms and improve community safety (01 July 2017). More...

Record funding begins for access to justice in NSW
Increased investment in access to justice from the NSW Government will start to flow to Community Legal Centres (CLCs) from 1 July ensuring more people around the state are able to access vital legal support (29 June 2017). More...

Appointments to the Administrative Appeals Tribunal
The Attorney-General announces the appointment of the Hon Justice David Thomas as President of the Administrative Appeals Tribunal (AAT). Justice Thomas has also been appointed as a judge of the Federal Court (28 June 2017). More...

New AHRC President; New Proposed Privacy Commissioner and Youth Koori Court in NSW
On 20 June 2017, there was an announcement by the Federal Attorney-General of the appointment of Emeritus Professor Rosalind Croucher AM as the next President of the Australian Human Rights Commission (AHRC) commencing her seven-year term on 30 July 2017. Additionally, the NSW Attorney-General has announced a proposed Privacy Commissioner appointment and additional funding for a Youth Koori Court in NSW (26 June 2017). More...

NSW 2017 Community attitudes towards Privacy Report
The NSW Acting Privacy Commissioner, Dr Elizabeth Coombs, today released a summary report of a survey of attitudes of the NSW community towards privacy. Nearly two thirds (63%) of survey respondents do not think, do not know or are undecided if those in authority generally, are taking privacy seriously (27 June 2017). More...

Extra Offender Management Service targets repeat offending causes
The Extra Offender Management Service (EOMS) that targets the underlying causes of repeat offending, including domestic violence offending, is available in five NSW locations as of 2 June 2017 (26 June 2017). More...

In practice and courts

Commonwealth Ombudsman now handles complaints about VET FEE-HELP and VET Student Loans
The VET Student Loans Ombudsman function is operational and available to the public (01 July 2017). More...

Family Court, FCC orders now all digital
As of 1 July, all orders from the Family Court and Federal Circuit Court will be signed and sealed electronically and available for download from comcourts.gov.au. Practitioners will need to register at this portal, link their firm and files, and set email notifications. More...

High Court of Australia
High Court of Australia Bulletin [2017] HCAB 05 (28 June 2017).

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. 27/2017, 03 July 2017
Issue No. 26/2017, 26 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: 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...

NSW

Fees and charges as at 1 July 2017
NCAT's fees and charges schedule for the filing of applications, appeals and other services change from 1 July 2017 (30 June 2017). More...

Proposed Criminal Procedure Regulation 2017
The Department of Justice invites people who are interested in the proposed Criminal Procedure Regulation 2017 to tell us what they think. Submissions close 26 July 2017. More...

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 above link, while transcripts for this inquiry are available at the quick link to the right of screen (21 June 2017). More...

ICAC: Prosecution briefs with the DPP and outcomes
Last updated 06 July 2017. More...

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

Implementation of the Annual Performance Statements Requirements 2015–16
ANAO: 26 June 2017 - The objective of the audit was to examine the implementation of the annual performance statements requirements under the Public Governance, Performance and Accountability Act 2013 and the enhanced Commonwealth performance framework. More...

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...

Tradition versus research
Jenny Awad; Law Institute Journal July 2017
Irrespective of the limited evidence as to the fairness and efficacy of juries in the administration of justice, the recent High Court decision of Alqudsi v The Queen (Alqudsi) 4 has cemented the constitutional validity of trial by jury as a political and social institution. More...

Sentencing Trends & Issues No 46 — Common offences in the NSW Local Court
Amanda Jamieson, Senior Research Officer (Legal) Brandi Baylock, Research Officer (Stastistics) Patrizia Poletti, Principal Research Officer (Statistics) Editor: Roslyn Cook: 07 July 2017
General findings about offender characteristics, the frequency with which statutory, regulatory and common law offences come before the court, and their classification under the Australian and New Zealand Standard Offence Classification (ANZSOC) are discussed. More...

Cases

'LW' and Department of Human Services (Freedom of information) [2017] AICmr 65
Freedom of Information — Whether reasonable steps taken to locate documents — (CTH) Freedom of Information Act 1982 s 24A.

'LV' and Department of Defence (Freedom of information) [2017] AICmr 64
Freedom of Information — Whether reasonable steps taken to locate documents — (CTH) Freedom of Information Act 1982 s 24A.

Patrick Conheady and Australian Taxation Office (Freedom of information) [2017] AICmr 63
Freedom of Information — Whether disclosure would have a substantial adverse effect on the proper and efficient conduct of the operations of an agency — Whether contrary to public interest to release conditionally exempt documents — (CTH) Freedom of Information Act 1982 ss 11A(5), 47E(d).

The Australian and Department of Immigration and Border Protection (Freedom of information) [2017] AICmr 62 Freedom of Information —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 is unreasonable — Whether contrary to public interest to release conditionally exempt documents — (CTH) Freedom of Information Act 1982 ss 47E(d) and 47F.

'LU' and Department of Defence (Privacy) [2017] AICmr 61 Privacy — Privacy Act — Information Privacy Principles — Privacy Act 1988 (Cth) s 52 — IPP 4 — Data security failure — IPP 10 — Unauthorised use of sensitive personal information — Compensation awarded – Non-economic loss – Section 52(3) expenses awarded.

'LS' and 'LT' (Privacy) [2017] AICmr 60 Privacy — Privacy Act 1988 (Cth) — s 52 — Australian Privacy Principles – APP 12 – Access to personal information – APP 12.3 —Serious threat to life, health or safety – Breach of APP 12.5 — Failure to consider steps (if any) to give access — Breach of 12.9 — Failure to give written reasons for refusal — Use of intermediary – Compensation awarded – non-economic loss – Aggravated damages not awarded.

Buttigieg and Comcare [2017] AATA 1002
PRACTICE AND PROCEDURE – whether application for confidentiality order to be disclosed to other party – s 38AA decision-maker has an ongoing requirement to lodge documents relevant to the review – document includes surveillance – legal professional privilege and public interest immunity still apply - the application itself is to be disclosed to other party or parties but not the document over which the confidentiality is sought – matter adjourned. The applicant, Mr Buttigieg, has applied for review of a decision made by the respondent, Comcare.

Chief Executive of the Office of Local Government v Bagnall (No.1) [2017] NSWCATOD 106
Local Government; disciplinary action against councillor; referral of matter to the Tribunal under s 440J (2) (b) of the Local Government Act. Preliminary issue as to whether Tribunal lacks jurisdiction to consider the matter on a proper construction of the Council's Procedures for Administration of the Model Code of Conduct and the Local Government Act. Enforceability of the Procedures and whether binding on the Chief Executive. Double jeopardy. Determination that Tribunal has jurisdiction to hear the matter referred, on proper construction of the Procedures and the Act; and that the double jeopardy principle was not applicable.

Allchin v Police Integrity Commission [2017] NSWCATAD 219
GOVERNMENT INFORMATION – access application – adequacy of search – excluded information.

Bev Butler and Commonwealth Scientific and Industrial Research Organisation (Freedom of information) [2017] AICmr 59
Freedom of Information — Refusal of access to documents — Whether documents are in respect of commercial activities — (CTH) Freedom of Information Act 1982 s 7(2).

'LR' and Australian Federal Police (Freedom of information) [2017] AICmr 58
Freedom of Information — Whether material in documents irrelevant to the request — Whether reasonable steps taken to locate documents — Whether disclosure would prejudice lawful methods or procedures — Whether documents subject to legal professional privilege — 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), 22, 24A, 37(2)(b), 42, 47E(d) and 47F.

David Griffiths and Department of Human Services (Freedom of information) [2017] AICmr 56
Freedom of Information — Whether reasonable steps taken to locate documents — (CTH) Freedom of Information Act 1982 s 24A.

Tristan Masterson and the Murray-Darling Basin Authority (Freedom of information) [2017] AICmr 57
Freedom of Information — Whether disclosure would have a substantial adverse effect on the proper and efficient conduct of the operations of an agency — Whether contrary to public interest to release conditionally exempt documents — (CTH) Freedom of Information Act 1982 ss 11A(5), 47E(d).

'LQ' and Department of Human Services (Freedom of information) [2017] AICmr 55
Freedom of Information — Whether disclosure of personal information is unreasonable — Whether contrary to public interest to release conditionally exempt documents — (CTH) Freedom of Information Act 1982 ss 11A(5), 47F.

Amanda Hay and Australian Bureau of Statistics (No. 2) (Freedom of information) [2017] AICmr 54
Freedom of Information — Whether disclosure would have a substantial adverse effect on the management or assessment of personnel — Whether contrary to public interest to release conditionally exempt documents — (CTH) Freedom of Information Act 1982 ss 11A(5), 47E(c).

McKay v Transport for NSW [2017] NSWCATAD 212
Government information – cabinet information – reasonable grounds – cabinet submissions – dominant purpose – cabinet deliberations or decisions – minister's position – parliamentary privilege – public interest considerations in favour of disclosure – public interest considerations against disclosure – confidentiality – breach of confidence – legitimate business, commercial, professional or financial interests – unfair advantage or disadvantage – correct and preferable decision.

Zonnevylle v Department of Education [2017] NSWCATAD 214
ADMINISTRATIVE REVIEW - Government Information – refusal to deal – unreasonable and substantial diversion of resources - allegations of misconduct - request for referral to Minister – allegations of offences - jurisdiction PROCEDURAL FAIRNESS – application for disqualification.

Seven Network Limited v South Eastern Sydney Local Health District [2017] NSWCATAD 210
Government Information (Public Access) – application for disclosure of CCTV footage of assaults on staff at hospitals – whether overriding public interest against disclosure – disclosure of personal information and health information – disclosure prejudicing the effective exercise of the agency's functions - whether pixelation of faces and identifying marks would avoid concerns – impact on operations of hospitals if footage recording treatment of patients was released.

Miskelly v Transport for NSW [2017] NSWCATAD 207
Government Information (Public Access) – public interest considerations in favour of disclosure – public interest considerations against disclosure – weight of evidence – cumulative effect of additional information - presumption in favour of disclosure not displaced.

Kanak v NSW Department of Education and Communities [2017] NSWCATAD 206
GIPA ACT- Government Information – access – could reasonably be expected to - reveal personal information - prejudice a person's legitimate business, commercial, professional or financial interests – reveal false or unsubstantiated allegations about a person that are defamatory – disclose personal information about a child that would not be in the best interests of the child to have disclosed - processing charges for dealing with an access application – organisation from which records sought not an agency under the GIPA Act – agency email address used to conduct business for the organisation.

Legislation

NSW

Proclamations commencing Acts
Statute Law (Miscellaneous Provisions) Act 2016 No 27
(2017-293) — published LW 28 June 2017.

Bills assented to

Electronic Transactions Legislation Amendment (Government Transactions) Act 2017 No 25
— Assented to 27 June 2017.
Crimes Amendment (Intimate Images) Act 2017 No 29
— Assented to 27 June 2017.

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

Regulations and other miscellaneous instruments
Witness Protection Regulation 2017
(2017-346) — published LW 7 July 2017.
Administrative Arrangements (Administrative Changes—Inspector of Law Enforcement Conduct Commission) Order 2017
(2017-299) — published LW 30 June 2017.
Administrative Arrangements (Administrative Changes—Revenue NSW) Order 2017
(2017-300) — published LW 30 June 2017.
Civil and Administrative Tribunal Amendment (Fees) Regulation 2017
(2017-303) — published LW 30 June 2017.
Civil Procedure Amendment (Fees) Regulation 2017
(2017-304) — published LW 30 June 2017.
Criminal Procedure Amendment (Fees) Regulation 2017
(2017-305) — published LW 30 June 2017.
Jury Amendment (Daily Attendance Allowance) Regulation 2017
(2017-312) — published LW 30 June 2017.
Legal Profession Uniform Law Application Amendment (Fees) Regulation 2017
(2017-313) — published LW 30 June 2017.
Relationships Register Amendment (Corresponding Laws) Regulation 2017
(2017-314) — published LW 30 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.

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
Christine Jones
 
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”

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
Position
Mondaq Topics -- Select your Interests
 Accounting
 Anti-trust
 Commercial
 Compliance
 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.