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

Last Updated: 4 December 2017
Article by Christine Jones

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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...

Cases

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.

Legislation

Commonwealth

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.

Acts

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

Regulations

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.

NSW

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.

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Authors
Christine Jones
 
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