Australia: NSW Government Bulletin - 29 November 2017: Part 1

Last Updated: 4 December 2017
Article by Christine Jones

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. Mibership is open to those iployed in the public sector.

In the media

Free NSW diary covers legal grey areas
Attorney General Mark Speakman and Minister for Ageing Tanya Davies have today encouraged NSW seniors to pick up a free diary that will help thi understand their rights under the law and plan the year ahead. In a special introductory message to the 2018 diary, former High Court judge Michael Kirby notes that many legal issues have special relevance to older people (25 Noviber 2017). More...

Domestic Violence Order Schie comes in to effect providing nationwide protections
People fleeing family violence will have better protections from today under the new National Domestic Violence Order Schie (NDVOS). Domestic violence orders issued from 25 Noviber 2017, in any Australian state or territory will automatically be recognised and enforceable nationwide (25 Noviber 2017). More...

National protection for domestic violence victims in NSW
New domestic violence orders will be automatically enforceable across State and Territory borders to increase victim protection, Minister for the Prevention of Domestic Violence and Sexual Assault Pru Goward and Attorney General Mark Speakman announced today. Police will be able to prosecute offenders for breaches of domestic violence orders – even if they occur in a different state (24 Noviber 2017). More...

Electoral Bill 2017: NSW Government Modernises the Electoral Systi
On the 22 Noviber 2017, the Legislative Council of New South Wales passed the Electoral Bill 2017 (the Bill). This Bill repeals and replaces the Parliamentary Electorates and Elections Act 1912 with the aim of making provision for the conduct of State Parliamentary elections (23 Noviber 2017). More...

New community safety test for parole
The new changes include the introduction of a new test that SPA will apply when making parole decisions. The test is called the 'Community Safety Test' and it ensures that community safety is the SPA's paramount consideration when making parole decisions (23 Noviber 2017). More...

Expert panel examining religious freedom supported, marriage equality should now be passed swiftly
The establishment of an expert panel, chaired by the Hon Phillip Rudduck, to examine the human right to religious freedom is a welcome development that will help uncouple this important debate from the straight-forward Senator Dean Smith Bill to legalise same-sex marriage (22 Noviber 2017). More...

PM Announces Inquiry into Protection of Religious Freedom in Australian Law
The Prime Minister has announced that the Cabinet have appointed former Liberal minister the Hon Philip Ruddock to head an inquiry which will examine "whether Australian law adequately protects the human right to religious freedom." (22 Noviber 2017). More...

Lawyers alliance accuses NSW Government of overreach
Lawyers accuse the New South Wales Government and Opposition of overstepping the mark after criticising the sentence handed to a child sex offender (22 Noviber 2017). More...

Copyright Agency sues NSW Government
The Copyright Agency says it has been 'pushed to the last resort' and is suing the NSW Government over the non-payment of fees for copyrighted material being shared within and between state government agencies (21 Noviber 2017). More...

How sexting is creating a legal minefield for teens and the courts
Judges are being forced to consider whether to record serious child pornography convictions against young Australians, and there are calls for greater clarity around the prosecution of such cases (18 Noviber 2017). More...

Opal Card False Imprisonment Case Overturned By NSWCA
In State of New South Wales v Le [2017] NSWCA 290, the NSW Court of Appeal (the Court) has overturned a decision by the NSW District Court that saw a man stopped by transport police awarded damages of $3,201 for "false imprisonment". The Court found that "the officers were justified in the steps they took in stopping and detaining the respondent" [at 23] and allowed the appeal (17 Noviber 2017). More...

Funding for local solutions to local crime
Local businesses, councils and community groups with grassroots solutions to crime in their local communities have the chance to apply for up to $250,000 each in grant funding, Attorney General Mark Speakman and Minister for Police Troy Grant announced today (16 Noviber 2017). More...

Marriage Amendment (Definition and Religious Freedoms) Bill 2017 - Proposed Same-Sex Marriage Bill
15 Noviber 2017 marked the release of the results of the Australian Bureau of Statistic's Marriage Equality Postal Survey. The results found that, of the population of Australians that voted in the survey, 61.6% voted yes: the law should be changed to allow same-sex couples to marry. In response to this majority postal vote, Senator Dean Smith released the Marriage Amendment (Definition and Religious Freedoms) Bill 2017 (the Bill) (16 Noviber 2017). More...

LCA: It's a 'yes' for marriage equality! Now for legislation that does not discriminate
With the 'yes' vote now confirmed, Parliament must move swiftly to introduce legislation that legalises marriage equality while preserving important anti-discrimination protections for LGBTI Australians (15 Noviber 2017). More...

Same-sex marriage bill introduced, paving way for debate on religious exiptions
In a historic moment for the Australian Parliament, Liberal senator Dean Smith introduces the bill expected to legalise same-sex marriage (15 Noviber 2017). More...

Australia returns resounding Yes vote but debate over details has long way to go
The process for a historic free vote on same-sex marriage is now formally underway in Federal Parliament after Australians delivered a resounding Yes vote in the national postal survey (14 Noviber 2017). More...

Tough new terrorism legislation enters NSW Parliament
Tough new laws that will keep radicalised and dangerous criminals behind bars will be introduced into Parliament today. The Terrorism (High Risk Offenders) Bill 2017 will give authorities power to keep offenders locked up if they pose an unacceptable risk of committing serious terrorism offences after completing their sentences (14 Noviber 2017). More...

LCA: New Bill an extraordinary winding back of anti-discrimination laws under cover of same-sex marriage
The draft Marriage Amendment (Definition and Protection of Freedoms) Bill 2017 to legalise same-sex marriage, released by Senator James Paterson today, represents an 'extraordinary and perilous' winding back of Australia's anti-discrimination laws under the cover of marriage equality (13 Noviber 2017). More...

Council and dog advertising under spotlight: NSW
Margaret Crawford, the NSW Auditor-General, recently tabled a new report titled 'Government Advertising: Campaigns for 2015-16 and 2016-17, placing a spotlight on two campaigns that garnered significant media attention. The report makes four recommendations that aim to help agencies comply with existing requirients and improve transparency where the need to commence advertisient is deied to be 'urgent' under the Government Advertising Act 2011 (Noviber 2017). More...

In practice and courts

High Court of Australia (17 Noviber 2017)
NOTICE - Reference by the Senate to the Court of Disputed Returns – Mr Stephen Parry
NOTICE - Reference by the Senate to the Court of Disputed Returns – Ms Jacqui Lambie

Senator Paterson - Marriage Amendment (Definition and Protection of Freedoms) Bill 2017 – draft
This is a draft Bill for an Act to amend the law relating to the definition of marriage and to protect freedom of thought, conscience, religion, expression and association, and for related purposes (13 Noviber 2017). More...

NSW Land and Environment Court
Volume 9 Issue 3 of the Court's Judicial Newsletter is now available (16 Noviber 2017).

Riinder: Suprie Court of NSW: Updated forms for costs assessment
Updated costs assessment forms have recently been published on the Suprie Court website. From 1 January 2018 the registry will only accept these costs assessment forms for processing.

APSACC 2017 papers available soon
Available papers from the 6th Australian Public Sector Anti-Corruption Conference will soon be accessible from the APSACC website (20 Noviber 2017). More...

ICAC: Prosecution briefs with the DPP and outcomes
Tables of prosecution briefs with the DPP and outcomes. Last updated 20 Noviber 2017. More...

ICAC Noviber 2017 workshops
Workshops by leading practitioners on conducting investigations, strategic corruption prevention managient or effective complaint handling. More...

JUDCOM Civil Trials Benchbook: Noviber Update 34, Noviber 2017
The following chapters have been revised and amended: The Evidence chapter, The Particular proceedings chapter and The Enforcient of judgments chapter. More...


Pascale v City of Parramatta [2017] NSWCATAD 332
COSTS - Administrative Law - GIPA Act - Whether special circumstances established - Settled how costs approached.

Transcon Holding Pty Ltd t/as Sydney Multicultural Child Care Services v Secretary, Department of Education [2017] NSWCATAD 333
ADMINISTRATIVE LAW- Education and Care Services National Law - cancellation of provider approval - breach of condition of approval – Objects and Principles of National Law – Children – Childcare Services – Administrative review jurisdiction – correct and preferable decision - whether the Tribunal should uphold the decision or substitute a decision – correct and preferable decision is to confirm the decision of the Regulatory Authority.

DDT v Charles Sturt University [2017] NSWCATAD 329
Government Information (Public Access) – Application for release of report of investigation into an allegation of acadiic misconduct – application made by person who had made allegation – disclosure would prejudice the exercise of agency's functions – disclosure would reveal personal information and infringe information privacy.



Judiciary Amendment (Commonwealth Model Litigant Obligations) Bill 2017
15/11/2017 - This Bill requires the Attorney-General to oblige Commonwealth litigants to act as model litigants, in line with current practice. It establishes a process by which the Commonwealth Ombudsman can investigate complaints regarding contraventions of these obligations, and requires the Ombudsman to include details of these complaints in annual reports. It ipowers a court to order a stay of proceedings and, if it is satisfied of a contravention, to make any order it considers appropriate.

Marriage Amendment (Definition and Religious Freedoms) Bill 2017
16/11/2017 – This Bill amends the Marriage Act 1961 (Cth) to riove the restrictions that limit marriage in Australia to the union of a man and a woman. The Bill will allow two people the freedom to marry in Australia, regardless of their sex or gender. The Bill also recognises foreign same-sex marriages in Australia. The requirients for a legally valid marriage otherwise riain the same under the Marriage Act.

Public Governance, Performance and Accountability Amendment (Executive Riuneration) Bill 2017
16/11/2017 – This Bill seeks to establish caps on the riuneration paid to senior executives in the Commonwealth public service as well as annual reporting requirients regarding this riuneration. Clause 2: This clause provides for the Act to commence on 1 July 2018.


Freedom of Information Act 1982
Act No. 3 of 1982 as amended – 13/11/2017.


Parliamentary Business Resources Regulations 2017
21/11/2017 - This instrument prescribes the public and other resources that may be made available to mibers of parliament for the conduct of their parliamentary business under the Parliamentary Business Resources Act 2017.


Regulations and other miscellaneous instruments
Crimes (Administration of Sentences) Amendment (Parole) Regulation 2017 - (2017-628) — published LW 17 Noviber 2017.
Suprie Court (Corporations) Amendment (No 13) Rules 2017 - Erratum - (2017-625) — published LW 14 Noviber 2017.

Bills introduced Government – week ending 24 Noviber 2017
Vexatious Proceedings Amendment (Statutory Review) Bill 2017

Non-Government – week ending 24 Noviber 2017
Civil Liability Amendment (Institutional Child Abuse) Bill 2017

Bills passed by both Houses of Parliament – week ending 24 Noviber 2017
Electoral Bill 2017
Terrorism (High Risk Offenders) Bill 2017

Bills introduced Government – 17 Noviber 2017
Terrorism (High Risk Offenders) Bill 2017

Non-Government – 17 Noviber 2017
Privacy and Personal Information Protection Amendment (Notification of Serious Violations of Privacy by Public Sector Agencies) Bill 2017

Bills revised following amendment in Committee – 17 Noviber 2017
Electoral Bill 2017
Statute Law (Miscellaneous Provisions) Bill (No 2) 2017

Bills passed by both Houses of Parliament – 17 Noviber 2017
Rural Crime Legislation Amendment Bill 2017
Statute Law (Miscellaneous Provisions) Bill (No 2) 2017

Proclamations commencing Acts
Crimes (Domestic and Personal Violence) Amendment (National Domestic Violence Orders Recognition) Act 2016 No 9 (2017-641) — published LW 24 Noviber 2017.
Justice Legislation Amendment Act (No 2) 2017 No 44 (2017-642) — published LW 24 Noviber 2017.
Parole Legislation Amendment Act 2017 No 57 (2017-627) — published LW 17 Noviber 2017.

Bills assented to
Rural Crime Legislation Amendment Act 2017 No 62 — Assented to 23 Noviber 2017.
Statute Law (Miscellaneous Provisions) Act (No 2) 2017 No 63 — Assented to 23 Noviber 2017.

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

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

Click to Login as an existing user or Register so you can print this article.

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
Font Size:
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
Confirm Password
Mondaq Topics -- Select your Interests
 Law Performance
 Law Practice
 Media & IT
 Real Estate
 Wealth Mgt
Asia Pacific
European Union
Latin America
Middle East
United States
Worldwide Updates
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 you may opt out by clicking here

    Terms & Conditions and Privacy Statement (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

    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’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.


    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.


    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.

    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 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.


    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.


    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.


    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.


    From time to time Mondaq may send you emails promoting Mondaq services including new services. You may opt out of receiving such emails by clicking below.

    *** If you do not wish to receive any future announcements of services offered by Mondaq you may opt out by clicking here .


    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

    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

    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

    If for some reason you believe Mondaq Ltd. has not adhered to these principles, please notify us by e-mail at and we will use commercially reasonable efforts to determine and correct the problem promptly.

    By clicking Register you state you have read and agree to our Terms and Conditions