Australia: NSW Government Bulletin - 24 January 2018

Last Updated: 25 January 2018
Article by Christine Jones
Most Read Contributor in Australia, August 2018

NSW Government Bulletin - summer edition

From the introduction of two major pieces of environmental legislation late last year, to the new mandatory data breach privacy legislation that is about to hit, there's certainly no shortage of significant government news and announcements.

To help you navigate the top issues, we have just published our special summer edition of NSW Government Bulletin.

Our team takes a magnifying glass to the major reforms that emerged over 2017 in key areas affecting government, including property, privacy, planning and environment and workplace relations.

We also cast forward to examine the expected major trends and developments for 2018. It makes for some excellent summer reading.

Please click here to read the NSW Government Bulletin summer edition.

NSW Government Lawyers Day

Our popular annual one-day course specially designed for lawyers employed in the public sector is fast approaching. Holding Redlich will host the NSW Government Lawyers Day on 23 March in our Sydney office. Please click on the link here for further details and to save the date. A full itinerary will be announced shortly.

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. Membership is open to those employed in the public sector.

In the media

NSW Legislative Summary 2017: Police Powers, Consumer Law, Revenge Pornography and Compensation
In 2017, the NSW Parliament passed 69 Acts. These Acts spanned a number of areas, with particular areas of focus including crime, terrorism offences and police powers, consumer law, and compensation and insurance schemes (18 January 2018). More...

Vital the rule of law is upheld despite warring words
Ensuring the rule of law is respected and maintained is vital to the strength of Australia's legal system, the Law Council of Australia has reiterated. The national peak body, representing the legal profession, today backed colleagues at the Law Institute of Victoria in defending the rule of law, particularly the independence of the judiciary (15 January 2018). More...

Political attacks on the judiciary undermines the independence, integrity and impartiality of Australia's legal system
The Australian Bar Association (ABA) has the highest respect for the independence, integrity and impartiality of the judiciary across Australia and is very concerned by recent political attacks on the Victorian judiciary (13 January 2018). More...

Significant corruption revealed in Australian Public Service
Two new reports have highlighted the extent of corruption in the Australian Public Service (APS). One of the says that corrupt practices may cost the economy as much as $72 billion dollars since 2012 (12 January 2018). More...

'Creeping Stalinism': secrecy law could imprison whistleblowers and journalists
Proposed changes to Australia's official secrecy laws a threat to democracy, say human rights and media organisations. Government whistleblowers and journalists who report on leaked information could face 20 years' imprisonment if changes to Australia's official secrecy laws pass parliament (11 January 2018). More...

Open data – too much sharing, too little care
Who's reading your health information now? There can be benefits from sharing health and other personal information among health care professionals and researchers. But any such sharing must be based on an understanding of potential risks. It must occur only within an effective legal framework, with controls appropriate for those risks (09 January 2018). More...

District Court program reduces delays in NSW
A program aimed at cutting the District Court backlog is delivering significantly faster case outcomes, according to a new report by the Bureau of Crime Statistics and Research (BOCSAR). "The spectacular results of the Rolling List Court show what can be achieved with earlier and better management of cases by prosecution and defence agencies (08 January 2018). More...

Building a more diverse and inclusive legal profession
Law Council of Australia President, Fiona McLeod SC, said three new tools available on the Law Council website delivered national leadership on the issue of diversity and equity and would provide lawyers with important information to help them grasp the opportunities presented by changing times, expectations, and workplace laws (20 December 2017). More...

In practice and courts

Privacy Changes
Data breach notification will become mandatory as of February 2018 for all Australian entities required to comply with the Privacy Act 1988. When Federal Parliament passed the Privacy Amendment (Notifiable Data Breaches) Act 2017 last year, it started a process that means from 22 February 2018, all entities covered by the Australian Privacy Principles will have clear obligations to report eligible data breaches within 30 days. If an eligible data breach is confirmed, entities must provide a statement to each of the individuals whose data was breached or who are at risk, and notify the OAIC. Privacy data breaches will also change in 2018.

High Court of Australia
High Court of Australia Bulletin [2017] HCAB 10 (21 December 2017). More...

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. 1/2018, 15 January 2018

No changes to AAT reviews as Department of Immigration and Border Protection (DIBP) becomes part of Department of Home Affairs.
The AAT's power to review decisions has not changed. The AAT is able to review decisions made by officers of the former DIBP as well as decisions made by officers of the new Department of Home Affairs. Forms and information products will be updated to reflect this change (23 December 2017). More...

Community to have its say on ancient mercy law
Attorney General Mark Speakman has called for public submissions on whether petitions for mercy and their outcomes should be made publicly available. The review will deliver its recommendations to the NSW Government by 6 April 2018. Anyone interested in making a submission should do so by close of business Friday, 9 February 2018. To lodge a submission to the review, please visit the NSW Government Have Your Say website.

New Court Appointments
Three new magistrates for NSW

– 17 January 2018.
Leading prosecutor appointed to the District Court – 22 December 2017.
New Land and Environment Court Commissioners - 22 December 2017.

NCAT: Commencement of strata building bond and inspections scheme
The strata building bond and inspections scheme commenced on 1 January 2018 under Part 11 Strata Schemes Management Act 2015. Under Part 11 of the Act, NCAT can make the following orders about the new building bond and inspections scheme: Contract price of building work to determine the building bond amount and Access to the lot for an inspection or to rectify defective building work (09 January 2018). More...

NCAT: Service requirements for internal appeals clarified
NCAT forms and publications amended to clarify the service requirements for internal appeals are outlined here (08 January 2018). More...

NCAT Legal Bulletins
NCAT Legal Bulletin Issue 10 of 2017 – December 2017.

Judicial Commission of NSW: Equality Before the Law Bench Book Update 11 published
The latest update to the Equality Before the Law Bench Book includes amendments to the following chapters: Section 4 — People with a particular religious affiliation; Section 5 — People with disabilities; Section 8 — Lesbians, gay men and bisexuals; Section 9 — Sex and gender diverse people (14 December 2017).

Judicial Commission of NSW: Local Court Bench Book Update 125 published
Update 125 amends the following chapters of the Local Court Bench Book: including Specific penalties and orders; General orders at [10-000]; Commonwealth offences at [15-040], [15-080], [15-120] and [15-240] (22 December 2017).

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

Prosecution briefs with the DPP and outcomes
Tables of prosecution briefs with the DPP and outcomes. Last updated 15 January 2018. More...

Published – articles, papers, reports

Recorded crime monitoring report: rejected incidents - recorded crime data to September 2017
NSW Bureau of Crime Statistics and Research: 15 January 2018
The trend in any offence can be affected by the percentage of crimes 'rejected' by police as not genuine. The Bureau monitors trends in the percentage of rejected incidents to see whether they could be affecting the trend in recorded crime. More...

The NSW Rolling List Court evaluation: final report
Sara Rahman, Suzanne Poynton, Don Weatherburn; NSW Bureau of Crime Statistics and Research: 09 January 2018
The RLC proved effective at obtaining early guilty pleas and reducing delay in the processing of indictable criminal matters. The findings suggest that efforts to introduce some elements of the RLC, such as early briefing of practitioners and pre-trial negotiations, could have benefits for the NSW DCC's efficiency. More...

Legal rights audit 2017
Morgan Begg; Institute of Public Affairs: 27 December 2017
This report illustrates the ongoing erosion of legal rights that persists in Australia. This has been measured by an analysis of the content of all legislation passed by the federal parliament in 2017. More...

OAICnet 18 December 2017
In this issue: Notifiable Data Breaches scheme resources finalised; New Australian Government Agencies Privacy Code resources; Notifiable Date Breaches scheme webinar recording; Review of Privacy (Credit Reporting) Code 2014 completed; Australian participates in APEC CBPR System; Recent FOI decisions. More...

AIJA News
Australasian Institute of Judicial Administration Incorporated – December 2017. More...

Guide to judicial conduct: (third edition)
The Australasian Institute of Judicial Administration Incorporated.
Melbourne, Vic.: Australasian Institute of Judicial Administration Incorporated, 2017. More...

Cases

Hossain v Roads and Maritime Services [2018] NSWCATOD 11
ADMINISTRATIVE REVIEW – Passenger Transport –Where applicant's authority to drive taxis suspended under Passenger Transport Act 1990 - Commencement of new legislation and repeal of relevant provisions of Passenger Transport Act 1990 – Whether Tribunal has jurisdiction to review suspension decision – Whether, if Tribunal does have jurisdiction, applicant is of good repute.

CEU v University of Technology Sydney [2018] NSWCATAD 13
ADMINISTRATIVE LAW – alleged breaches of Information Privacy Principles 1, 3, 4, 6, 7, 9, 10, 11 and 12 of the Privacy and Personal Information Protection Act 1998.
ADMINISTRATIVE LAW – privacy – Health Privacy Principles 1, 2, 3, 4, 6, 8, 10 and 11 of the Health Records and Information Privacy Act 2002.

CWI v The University of New South Wales [2018] NSWCATAD 12
PRIVACY – Personal Information – Whether collected - Use for purpose collected – Whether use consistent with purpose collected – Whether circumstances amount to disclosure.

Dezfouli v Justice Health & Forensic Mental Health Network [2018] NSWCATAD 11
GOVERNMENT INFORMATION – access application – whether public interest considerations against disclosure outweigh public interest considerations in favour of disclosure – redaction of officers names – whether risk of harm or serious harassment or serious intimidation if disclosed – admiralty rating in intelligence report – whether disclosure would prejudice effective exercise of agency's functions – whether information is exempt matter under Commonwealth FOI Act.
PRACTICE AND PROCEDURE – makers of statements not available for cross-examination – whether statements allowed in evidence – proposed cross-examination not go to the contents of the statements.

Shoebridge v Commissioner of Police, NSW Police Force (No 2) [2018] NSWCATAD 3
GIPA Act – Practice and Procedure - Government Information - Access – Third party request to access documents – Whether access should be granted to documents when proceedings not concluded.

Legislation

New South Wales

Proclamations commencing Acts
Terrorism (High Risk Offenders) Act 2017 No 68 (2018-8) — published LW 19 January 2018. Regulations and other miscellaneous instruments
Terrorism (High Risk Offenders) Regulation 2018 (2018-9) — published LW 19 January 2018.

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 Mondaq.com.

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

Authors
Christine Jones
Similar Articles
Relevancy Powered by MondaqAI
Holding Redlich
 
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”

Related Topics
 
Similar Articles
Relevancy Powered by MondaqAI
Holding Redlich
Related Articles
 
Up-coming Events Search
Tools
Print
Font Size:
Translation
Channels
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
Password
Confirm Password
Position
Mondaq Topics -- Select your Interests
 Accounting
 Anti-trust
 Commercial
 Compliance
 Consumer
 Criminal
 Employment
 Energy
 Environment
 Family
 Finance
 Government
 Healthcare
 Immigration
 Insolvency
 Insurance
 International
 IP
 Law Performance
 Law Practice
 Litigation
 Media & IT
 Privacy
 Real Estate
 Strategy
 Tax
 Technology
 Transport
 Wealth Mgt
Regions
Africa
Asia
Asia Pacific
Australasia
Canada
Caribbean
Europe
European Union
Latin America
Middle East
U.K.
United States
Worldwide Updates
Registration (you must scroll down to set your data preferences)

Mondaq Ltd requires you to register and provide information that personally identifies you, including your content preferences, for three primary purposes (full details of Mondaq’s use of your personal data can be found in our Privacy and Cookies Notice):

  • To allow you to personalize the Mondaq websites you are visiting to show content ("Content") relevant to your interests.
  • To enable features such as password reminder, news alerts, email a colleague, and linking from Mondaq (and its affiliate sites) to your website.
  • To produce demographic feedback for our content providers ("Contributors") who contribute Content for free for your use.

Mondaq hopes that our registered users will support us in maintaining our free to view business model by consenting to our use of your personal data as described below.

Mondaq has a "free to view" business model. Our services are paid for by Contributors in exchange for Mondaq providing them with access to information about who accesses their content. Once personal data is transferred to our Contributors they become a data controller of this personal data. They use it to measure the response that their articles are receiving, as a form of market research. They may also use it to provide Mondaq users with information about their products and services.

Details of each Contributor to which your personal data will be transferred is clearly stated within the Content that you access. For full details of how this Contributor will use your personal data, you should review the Contributor’s own Privacy Notice.

Please indicate your preference below:

Yes, I am happy to support Mondaq in maintaining its free to view business model by agreeing to allow Mondaq to share my personal data with Contributors whose Content I access
No, I do not want Mondaq to share my personal data with Contributors

Also please let us know whether you are happy to receive communications promoting products and services offered by Mondaq:

Yes, I am happy to received promotional communications from Mondaq
No, please do not send me promotional communications from Mondaq
Terms & Conditions

Mondaq.com (the Website) is owned and managed by Mondaq Ltd (Mondaq). Mondaq grants you a non-exclusive, revocable licence to access the Website and associated services, such as the Mondaq News Alerts (Services), subject to and in consideration of your compliance with the following terms and conditions of use (Terms). Your use of the Website and/or Services constitutes your agreement to the Terms. Mondaq may terminate your use of the Website and Services if you are in breach of these Terms or if Mondaq decides to terminate the licence granted hereunder for any reason whatsoever.

Use of www.mondaq.com

To Use Mondaq.com you must be: eighteen (18) years old or over; legally capable of entering into binding contracts; and not in any way prohibited by the applicable law to enter into these Terms in the jurisdiction which you are currently located.

You may use the Website as an unregistered user, however, you are required to register as a user if you wish to read the full text of the Content or to receive the Services.

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 or with the prior written consent of Mondaq. You may not use electronic or other means to extract details or information from the Content. Nor shall you extract information about users or Contributors in order to offer them any services or products.

In your use of the Website and/or Services you shall: comply with all applicable laws, regulations, directives and legislations which apply to your Use of the Website and/or Services in whatever country you are physically located including without limitation any and all consumer law, export control laws and regulations; provide to us true, correct and accurate information and promptly inform us in the event that any information that you have provided to us changes or becomes inaccurate; notify Mondaq immediately of any circumstances where you have reason to believe that any Intellectual Property Rights or any other rights of any third party may have been infringed; co-operate with reasonable security or other checks or requests for information made by Mondaq from time to time; and at all times be fully liable for the breach of any of these Terms by a third party using your login details to access the Website and/or Services

however, you shall not: do anything likely to impair, interfere with or damage or cause harm or distress to any persons, or the network; do anything that will infringe any Intellectual Property Rights or other rights of Mondaq or any third party; or use the Website, Services and/or Content otherwise than in accordance with these Terms; use any trade marks or service marks of Mondaq or the Contributors, or do anything which may be seen to take unfair advantage of the reputation and goodwill of Mondaq or the Contributors, or the Website, Services and/or Content.

Mondaq reserves the right, in its sole discretion, to take any action that it deems necessary and appropriate in the event it considers that there is a breach or threatened breach of the Terms.

Mondaq’s Rights and Obligations

Unless otherwise expressly set out to the contrary, nothing in these Terms shall serve to transfer from Mondaq to you, any Intellectual Property Rights owned by and/or licensed to Mondaq and all rights, title and interest in and to such Intellectual Property Rights will remain exclusively with Mondaq and/or its licensors.

Mondaq shall use its reasonable endeavours to make the Website and Services available to you at all times, but we cannot guarantee an uninterrupted and fault free service.

Mondaq reserves the right to make changes to the services and/or the Website or part thereof, from time to time, and we may add, remove, modify and/or vary any elements of features and functionalities of the Website or the services.

Mondaq also reserves the right from time to time to monitor your Use of the Website and/or services.

Disclaimer

The Content is general information only. It is not intended to constitute legal advice or seek to be the complete and comprehensive statement of the law, nor is it intended to address your specific requirements or provide advice on which reliance should be placed. Mondaq and/or its Contributors and other suppliers make no representations about the suitability of the information contained in the Content for any purpose. All Content provided "as is" without warranty of any kind. Mondaq and/or its Contributors and other suppliers hereby exclude and disclaim all representations, warranties or guarantees with regard to the Content, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement. To the maximum extent permitted by law, Mondaq expressly excludes all representations, warranties, obligations, and liabilities arising out of or in connection with all Content. In no event shall Mondaq 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 of the Content or performance of Mondaq’s Services.

General

Mondaq may alter or amend these Terms by amending them on the Website. By continuing to Use the Services and/or the Website after such amendment, you will be deemed to have accepted any amendment to these Terms.

These Terms shall be governed by and construed in accordance with the laws of England and Wales and you irrevocably submit to the exclusive jurisdiction of the courts of England and Wales to settle any dispute which may arise out of or in connection with these Terms. If you live outside the United Kingdom, English law shall apply only to the extent that English law shall not deprive you of any legal protection accorded in accordance with the law of the place where you are habitually resident ("Local Law"). In the event English law deprives you of any legal protection which is accorded to you under Local Law, then these terms shall be governed by Local Law and any dispute or claim arising out of or in connection with these Terms shall be subject to the non-exclusive jurisdiction of the courts where you are habitually resident.

You may print and keep a copy of these Terms, which form the entire agreement between you and Mondaq and supersede any other communications or advertising in respect of the Service and/or the Website.

No delay in exercising or non-exercise by you and/or Mondaq of any of its rights under or in connection with these Terms shall operate as a waiver or release of each of your or Mondaq’s right. Rather, any such waiver or release must be specifically granted in writing signed by the party granting it.

If any part of these Terms is held unenforceable, that part shall be enforced to the maximum extent permissible so as to give effect to the intent of the parties, and the Terms shall continue in full force and effect.

Mondaq shall not incur any liability to you on account of any loss or damage resulting from any delay or failure to perform all or any part of these Terms if such delay or failure is caused, in whole or in part, by events, occurrences, or causes beyond the control of Mondaq. Such events, occurrences or causes will include, without limitation, acts of God, strikes, lockouts, server and network failure, riots, acts of war, earthquakes, fire and explosions.

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