Australia: NSW Government Bulletin - 15 November 2017

Last Updated: 17 November 2017
Article by Christine Jones
Most Read Contributor in Australia, March 2019

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In the media

OAIC opens door on privacy principles
The OAIC has announced that the Australian Government Agencies Privacy Code has been registered on the Codes Register and will come into force on 1 July 2018. The OIAC said the code sets out the specific requirements and key practical steps that Agencies will be expected to take as part of complying with Australian Privacy Principle 1.2 (APP 1.2) (10 November 2017). See the Australian Government Agencies Privacy Code here. More...

Privatisation fails in public says union
The Community and Public Sector Union (CPSU) has released the report of the People's Inquiry into Privatisation which canvassed CPSU members' experience and opinions on the outsourcing of Public Service responsibilities and activities. Its conclusion was that privatisation has broadly failed the Australian community and made 12 recommendations (10 November 2017). The report Taking Back Control can be accessed here. More...

More guidance released on the notifiable data breaches regime
The OAIC has released further draft guidance on the Notifiable Data Breaches (NDB) regime that comes into effect in just over three months' time. The NDB scheme, which commences on 22 February 2018, will require private sector businesses and government agencies covered by the Australian Privacy Act 1988 to notify affected individuals as well as the head of the OAIC, the Australian Information Commissioner, of 'eligible data breaches (07 November 2017). More...

Parliament prepares for pay payback
The Special Minister of State, Senator Scott Ryan has issued a statement setting out the rules relating to possible debts to the Commonwealth owed by Members of Parliament found ineligible to sit by the High Court of Australia (07 November 2017). More...

New leaders announced for key law enforcement agencies
Michael Phelan APM will be the next Chief Executive Officer of the Australian Criminal Intelligence Commission (ACIC) and the Director of the Australian Institute of Criminology (AIC). Nicole Rose PSM will be the next CEO of the Australian Transaction Reports and Analysis Centre (AUSTRAC) (03 November 2017). More...

No doubt there's corruption at all levels': Former judges call for federal ICAC
A group of prominent former judges call for the establishment of a federal anti-corruption agency, saying serious corruption almost certainly exists in federal politics (02 November 2017). More...

Data breach sees records of 50,000 Australian workers exposed
Nearly 50,000 Australians and 5,000 federal public servants have had sensitive personal information exposed online as part of one of the nation's biggest ever data breaches (02 November 2017). More...

Listing of two terrorist organisations under the Criminal Code
Today the Government proscribed Islamic State Khorasan Province under the Criminal Code, taking the number of listed terrorist organisations to 25 (02 November 2017). More...

NSW Court trials paperless hearings
The Land and Environment Court is conducting a trial of paperless hearings aiming to make justice faster, cheaper and greener, Attorney General Mark Speakman has announced (01 November 2017). More...

In practice and courts

High Court of Australia
High Court of Australia Bulletin [2017] HCAB 08 (1 November 2017). More...

Reminder: Sentencing Council: submissions on victims' involvement in sentencing
The Sentencing Council has released a consultation paper on victims' involvement in sentencing. The consultation paper raises questions about the nature and extent of victims' involvement in sentencing, minimising victims' distress in proceedings, and who can be considered a victim and make a victim impact statement. More... More...

ICAC: Prosecution briefs with the DPP and outcomes
Tables of prosecution briefs with the DPP and outcomes. Last updated 9 November 2017. More...

ICAC November 2017 workshops
Workshops by leading practitioners on conducting investigations, strategic corruption prevention management or effective complaint handling. Limited offer - November 2017 workshops

NCAT Legal Bulletin Issue 9 of 2017
The NCAT Legal Bulletin provides a summary of relevant and interesting case law of significance to the work of the NSW Civil and Administrative Tribunal. This issue covers the period of September 2017 (issued October 2017). More...

Published – articles, papers, reports

Election funding and disclosure in Australian states and territories: a quick guide
Damon Muller; Parliamentary Research Paper Series 2017 - 18 November 2017
This Quick Guide summarises the often complex funding and disclosure laws in each Australian state and territory for the purpose of comparison. More...

Consumer survey on online copyright infringement 2017 - a marketing research report
Kantar Public; Department of Communications and the Arts (Australia): 07 November 2017
The results of the 2017 online copyright infringement survey show that Australians are embracing streaming services and are more willing to pay for online content. More...

The High Court's decision in Brown v Tasmania
Tom Gotsis; NSW Parliamentary Research Service: 06 November 2017
This e-brief discusses the High Court's decision in Brown v Tasmania and its implications for protest law in NSW. More...

NSW Custody Statistics: Quarterly Update September 2017
BOSCAR: 30 October 2017
The majority of the increase in inmate numbers over the last 12 months has come from sentenced prisoners, the number of whom rose by 332 (3.9%) over the last 12 months. More...

Annual Report 2016-17
OAIC Queensland: 8 November 2017
The Queensland Annual Report provides an overview of performance towards achieving an informed Queensland that values and respects information rights and responsibilities. More...


CYX v City of Ryde Council [2017] NSWCATAD 324
ADMINISTRATIVE LAW – privacy – disclosure of personal information – whether individual reasonably likely to have been aware that information of that kind is usually disclosed.

DED v Randwick City Council [2017] NSWCATAD 327
Privacy - personal information held by an agency - review of conduct of agency admitted to be a contravention of the information protection principles concerning personal information - alleged unlawful disclosure of the applicant's personal information by an officer of the agency - whether alleged loss or damage suffered because of the alleged contravention by the agency.

Mewett v The University of Sydney [2017] NSWCATAD 325
HUMAN RIGHTS – where complaint of age and disability discrimination in education declined by President of Anti-Discrimination Board as lacking in substance – where the Tribunal needs to grant leave before complaint can proceed – whether fair and just for complaint to proceed – whether it is apparent that complaint lacks substance.

CEU v University of Technology Sydney [2017] NSWCATAD 323
HUMAN RIGHTS – where complaint of disability discrimination in education declined by President of Anti-Discrimination Board as lacking in substance – where the Tribunal needs to grant leave before complaint can proceed – whether fair and just for complaint to proceed – whether it is apparent that complaint lacks substance - complexity of legal issues.

El Kassir v Commissioner of Police, NSW Police Force [2017] NSWCATAD 319
HUMAN RIGHTS – where President of Anti-Discrimination Board declined a complaint of discrimination – where applicant required President to refer complaint to the Tribunal – whether fair and just for leave to be granted for complaint to go ahead

Mailey v Sutherland Shire Council [2017] NSWLEC 145
JUDICIAL REVIEW – challenge to emergency order issued under Local Government Act 1993 requiring replacement of failing retaining wall – order not beyond power or uncertain – order not issued for improper purpose.


Regulations and other miscellaneous instruments

Local Court (Amendment No 8) Rule 2017 (2017-623) — published LW 10 November 2017.
Supreme Court (Corporations) Amendment (No 13) Rules 2017 (2017-618) — published LW 10 November 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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