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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.