Australia: NSW Government Bulletin - 6 September 2017: Part 2

Last Updated: 8 September 2017
Article by Christine Jones
Most Read Contributor in Australia, August 2018

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In the media

NSW strengthening child sexual abuse laws
Attorney General Mark Speakman today encouraged the community to have its say on a discussion paper aimed at strengthening NSW laws targeting child sex offenders. The discussion paper reviews legislative recommendations from the final Criminal Justice Report of the Royal Commission into Institutional Responses to Child Sexual Abuse released last month (01 September 2017). More...

Revenge porn is a crime in NSW
New offences in the Crimes Act 1900 criminalise the recording and distributing of intimate images of a person without consent. As well as the possibility of fines and jail time for perpetrators, courts can order offenders to take reasonable steps to recover, delete or destroy images taken or distributed without consent. Perpetrators of intimate image abuse now face a maximum sentence of three years jail and an $11,000 fine (25 August 2017). More...

NSW commissioner didn't want tent city powers
NSW's police commissioner says he did not want the powers bestowed to clear the tent city in Sydney. The powers enable police to remove people from crown land, including Martin Place, if the lands minister deems there is a 'public safety issue' (24 August 2017). More...

In practice and courts

HCA Bulletins
High Court of Australia Bulletin [2017] HCAB 06 (1 September 2017). More...

Modern Slavery Consultation
The first step is an extensive consultation period with industry on the Government's Modern Slavery in Supply Chains Reporting Requirement discussion paper. The consultation paper is available online at the modern slavery consultation page on the Attorney-General's Department website. The deadline for submissions is 20 October 2017. More...

NSW Justice Consultation: NSW strengthening child sexual abuse laws discussion paper
The discussion paper considers the Royal Commission's recommendations, including: strengthening grooming offences; removing remaining limitation periods on some historic child sex offences; and developing a targeted failure to report offence. To make submissions on the discussion paper, visit the NSW Government's 'Have Your Say' website (01 September 2017). More...

ICAC: Prosecution briefs with the DPP and outcomes
Tables of prosecution briefs with the DPP and outcomes, last updated 29 August 2017. More...

ICAC November 2017 workshops
Workshops by leading practitioners on conducting investigations, strategic corruption prevention management or effective complaint handling (17 August 2017). More...

Australian Public Sector Anti-Corruption Conference
The conference will be held at The Westin Sydney on 14 to 16 November 2017. More...

Royal Commission civil litigation recommendations
The NSW Government is considering the recommendations made by the Royal Commission into Institutional Responses to Child Sexual Abuse about how to provide justice to victims of future institutional child abuse. The Department of Justice has developed a consultation paper which identifies some of the potential issues and poses questions about possible options for reform. More...


CEU v Ombudsman [2017] NSWCATAD 267
ADMINISTRATIVE LAW – privacy – alleged breach of ss 17 and 18(1) of the Privacy and Personal Information Protection Act 1998 – investigative agency exemption under s 24(1) – whether agency had no reason to believe individual would object to disclosure.

Cheetham v Goulburn Motorcycle Club Inc [2017] NSWCA 83
JUDICIAL REVIEW – planning consent – whether proposed development prohibited under local environmental plan – whether characterisation of proposal a jurisdictional fact to be determined by the court. PLANNING LAW – development consent granted for a "motorcycle facility" – whether the development consent was for a prohibited use under Goulburn Mulwaree Local Environmental Plan 2009 – whether consent was for a "recreation facility (major)" – extent to which reference can be made to documents referred to in conditions of consent in construing the consent. STATUTORY INTERPRETATION – definition in statutory instrument – how to construe "means" and "includes" – reliance on factual context.



Proclamations commencing Acts

Crimes (Administration of Sentences) Amendment Act 2016 No 47
(2017-458) — published LW 25 August 2017.
Crimes Amendment (Intimate Images) Act 2017 No 29
(2017-462) — published LW 25 August 2017.
Justice Legislation Amendment Act 2017 No 40
(2017-463) — published LW 25 August 2017.

Regulations and other miscellaneous instruments

Independent Commission Against Corruption Regulation 2017
(2017-479) — published LW 1 September 2017.
Subordinate Legislation (Postponement of Repeal) Order (No 2) 2017
(2017-474) — published LW 31 August 2017.
Subordinate Legislation (Postponement of Repeal) Order (No 3) 2017
(2017-475) — published LW 31 August 2017.
Administrative Arrangements (Administration of Acts—Amendment No 3) Order 2017
(2017-430) — published LW 25 August 2017.
Civil Procedure Regulation 2017
(2017-435) — published LW 25 August 2017.
Crimes (Sentencing Procedure) Regulation 2017
(2017-436) — published LW 25 August 2017.
Criminal Procedure Regulation 2017
(2017-437) — published LW 25 August 2017.
Law Enforcement (Controlled Operations) Regulation 2017
(2017-444) — published LW 25 August 2017.
Oaths Regulation 2017
(2017-447) — published LW 25 August 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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