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In the media
Law Society to tackle court delays and Legal Aid funding
in 2018
The Law Society of NSW will lobby for more resources for Legal Aid
and look at "alternatives to imprisonment" as part of a
list of priorities revealed at NSW Parliament on Wednesday night
(01 February 2018).
More...
Extent of donations to Australia's political parties
revealed
The Australian Electoral Commission's annual returns, published
on Thursday morning, reveal the extent of the cash poured into the
political process – more than $207 million in total.
Thursday's returns are likely to put the spotlight back on
foreign donations and come as the Joint Standing Committee on
Electoral Matters examines legislation aimed at banning overseas
cash from the Australian political process (01 February 2018).
More...
Toothless' anti-corruption watchdog pales against
ICAC, barrister says
While the New South Wales Independent Commission Against Corruption
held 28 public hearings between 2012 and 2016, Tasmania's
anti-corruption watchdog has never held a full inquiry (01 February
2018).
More...
Access to justice and transparent
appointments
Greater resourcing of the courts and Legal Aid and a more
transparent process in appointments to Commonwealth Tribunals, are
among top advocacy priorities for The Law Society of NSW's new
President Doug Humphreys (31 January 2018). More...
NSW Custody Statistics: Quarterly Update December
2017
New figures released today by the NSW Bureau of Crime Statistics
and Research (BOCSAR) show that the NSW prison
population grew by just 0.7 per cent in the last 12 months. In
December 2017, the NSW prison adult population stood at 12,989 (30
January 2018).
More...
Terrorist's refusal to stand in court could have
'ramifications', judge warns
A NSW Supreme Court Justice tells a man involved in police
accountant Curtis Cheng's 2015 murder that his refusal to stand
during his sentencing hearing could have "ramifications"
(29 January 2018).
More...
Inmates facing charges after South Coast CCTV
reviewed
Up to 27 inmates from South Coast Correctional Centre are being
investigated over their involvement in a disturbance at the Nowra
facility on 3 January. Commissioner Peter Severin said this type of
behaviour is unacceptable and our staff are working hard to ensure
the inmates responsible are charged over their involvement in the
incident, which put officers and other inmates at risk (23 January
2018).
More...
In practice and courts
OAIC: Australian Government Agencies Privacy
Code
The
Australian Government Agencies Privacy Code (the
Code) was registered on 27 October 2017 and
commences on 1 July 2018. The Code sets out specific requirements
and key practical steps that agencies must take as part of
complying with Australian Privacy Principle 1.2 (APP
1.2). It requires agencies to move towards a best practice
approach to privacy governance to help build a consistent, high
standard of personal information management across all Australian
Government agencies.
OAIC: Freedom of information regulatory action
policy
The OAIC is seeking public comment on an exposure draft of the
Freedom of information regulatory action policy. The
closing date for comments is 16 February 2018.
Below are links to the draft Freedom of information regulatory
action policy and the consultation information.
Consultation information:Freedom of information regulatory action
policy
Consultation draft: Freedom of information regulatory action
policy
OAIC: Notifiable Data Breaches (NDB)
scheme
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. More...
OAIC: What the Notifiable Data Breaches scheme means for
schools
The Notifiable Data Breaches (NDB) scheme comes
into effect on 22 February 2018, and private schools and private
tertiary educational institutions across Australia will be required
to comply.
More...
OAIC: Retailers mandatory data breach reporting
obligations from 2018
From 22 February 2018, retail businesses with an annual turnover of
$3 million or more, or that trade in personal information, will be
required to comply with the Notifiable Data Breaches
(NDB) scheme. It is important to understand your
obligations under the NDB scheme before commencement on 22 February
2018 — find out more, and start preparing for the scheme,
with our draft NDB
resources.
More...
OAIC: IC review procedure direction
The Australian Information Commissioner has issued a written
direction under s 55(2)(e)(i) of the Freedom of Information Act
1982 as to certain procedures to be followed in Information
Commissioner (IC) reviews. The Direction applies
to agencies and ministers during IC reviews and preliminary
inquiries prior to the commencement of an IC review. The Direction
has been published on the
OAIC's website and takes effect from 26 February 2018.
OAIC: FOI regulatory action policy – exposure
draft
The OAIC has developed a new policy document that outlines and
explains the Australian Information Commissioner's approach to
exercising freedom of information (FOI) regulatory
action powers. The policy should be read together with the
Guidelines issued by the Australian information Commissioner
under s 93A of the Freedom of Information Act 1982 (FOI
guidelines).The exposure draft of the policy has been published on
the
Consultations page on the OAIC's website. Comments on the
readability and accessibility of the policy can be provided to the
OAIC by 16 February 2018.
Submission: Realising the Right to
Equality
This submission responds to the Modernisation of the
Anti-Discrimination Act Discussion Paper (Discussion Paper)
released by the Department of the Attorney-General and Justice in
September 2017 regarding the modernisation of the
Anti-Discrimination Act (the Act) (31 January
2018).
More...
Submission: Secrecy offences: the wrong approach to
necessary reform
The Human Rights Law Centre has told a parliamentary committee
about the serious concerns raised by the new criminal offences for
handling government information, concluding that the proposed
regime has no place in a healthy democracy, in which open
government and the freedom to scrutinise government must be
maintained (23 January 2018).
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. 3/2018, 29 January 2018
Issue No. 2/2018, 22 January 2018
Judiciary Amendment (Commonwealth Model Litigant
Obligations) Bill 2017
On 7 December 2017 the Senate referred the Judiciary Amendment
(Commonwealth Model Litigant Obligations) Bill 2017 to the
Legal and Constitutional Affairs Legislation Committee for inquiry
and report by 8 May 2018. The deadline for submissions to the
inquiry is 28 February 2018. More...
The adequacy of existing offences in the Commonwealth
Criminal Code and of state and territory criminal laws to capture
cyberbullying
On 7 September 2017 the Senate referred the below matter to the
Legal and Constitutional Affairs References Committee for inquiry
and report by 29 November 2017. On 19 October 2017 the Senate
extended the committee's reporting date to the last sitting day
in March 2018, which is 28 March 2018. More...
Joint Protocol to reduce the contact of people with
disability with the criminal justice system
The NSW Ombudsman's office has developed a
Joint Protocol for disability services and police. The Joint
Protocol aims to reduce the frequency of police involvement in
responding to behaviour by people with disability living in
supported accommodation. This will facilitate collaboration between
police and residential services for a coordinated approach (29
January 2018).
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 9 February 2018. To
lodge a submission to the review, please visit the NSW Government
Have Your Say website.
ICAC: Prosecution briefs with the DPP and
outcomes
Tables of prosecution briefs with the DPP and outcomes. Last
updated 31 January 2018.
More...
Published – articles, papers, reports
The new Senate voting system and the 2016
election
Damon Muller; Parliamentary Library (Australia): 25 January
2018
This research paper outlines the recent history of Senate
electoral reform in federal elections, including examining the
reasons for the most recent changes to the Senate voting system. More...
Freedom of speech and political communication in
Australia
Gideon Rozner; Institute of Public Affairs: 30 January
2018
Freedom of speech is fundamental to a free society. Political
communication is obviously an important mode of speech and
accordingly, the laws and regulations that seek to restrict it are
inherently concerning. More...
Report on government services 2018:
Justice
Steering Committee for the Review of Government Service
Provision; Productivity Commission: 25 January 2018
The justice sector services aim to contribute to a safe and secure
community and promote a law abiding way of life. More...
Australian Electoral Commission's procurement of
services for the conduct of the 2016 federal
election
Australian National Audit Office: 22 January 2018
This audit was conducted to assess whether the Australian
Electoral Commission appropriately established and managed the
contracts for the transportation of completed ballot papers and the
Senate scanning solution for the 2016 federal election. More...
OAICnet 02 February 2018
In this issue: Welcome to 2018; IC review procedure direction; FOI
regulatory action policy – exposure draft; Upcoming events;
Key dates; OAIC careers; IC review decisions; Safer Internet Day;
Notice about a representative complaint.
More...
Cases
Liristis v State of New South Wales [2018] NSWSC
39
ADMINISTRATIVE LAW – declaratory relief – applicant in
custody – access sought to computer equipment –
requirements for a fair trial – undertakings given –
orders made.
Alameddine v Roads and Maritime Services [2018] NSWCATAD
22
ADMINISTRATIVE REVIEW – Passenger Transport – Private
hire vehicles – Refusal of applications for authorisation as
driver of private hire car and driver of taxi-cab under Passenger
Transport Act 1990 – Commencement of new legislation –
Whether Tribunal still has jurisdiction to review decisions made
under Passenger Transport Act.
Wattie v Industrial Relations Secretary [2018] NSWCA
5
PRACTICE – appeal – stay – balance of convenience
– interests of justice – no question of principle.
Denise McKay v Department of Family & Community
Services [2018] NSWSC 44
INDUSTRIAL LAW – appeal from decision of Commissioner of
Industrial Relations Commission dismissing an appeal against
termination of employment of a government sector employee –
appeal to Supreme Court limited to questions of law alone –
whether findings of fact made by Commissioner for which no evidence
– whether Commissioner failed to apply "Briginshaw
standard" – whether inadvertence in one's private
life to criminality constitutes "misconduct" for the
purposes of s 69 of the Government Sector Employment Act
2013 (NSW)– appeal upheld – matter remitted to
Industrial Relations Commission for making of ancillary orders.
Walker v Government Service of New South Wales State Transit
Authority Division [2018] NSWSC 30
COSTS – party/party – bases of quantification –
ordinary basis – indemnity basis – specified gross sum
cost orders – offers of compromise/Calderbank offers –
where plaintiff did not accept genuine offer.
Fisher v Transport NSW [2018] NSWSC 17
ADMINISTRATIVE LAW – judicial review – grounds of
review – extraneous or improper purpose – whether
failure to apply relevant standard – failure to take into
account relevant consideration – procedural fairness
–apprehended bias – failure to inquire – errors
in fact finding process – Wednesbury unreasonableness –
whether ADT erred in affirming the decision to suspend and cancel
driver authority under Passenger Transport Act 1990 (NSW)
– summons dismissed.
Application of Fairfax Media Publications Pty Ltd; NSW Crime
Commission v Yucel [2017] NSWSC 1779
MEDIA AND COMMUNICATIONS LAW – application by media outlet
for access to file – proceedings originally heard in closed
court – open justice – fair and accurate coverage of
court proceedings – risk that publication will affect future
proceedings.
Legislation
NSW
Regulations and other miscellaneous
instruments
Drug
Court Amendment (Eligibility Criteria) Regulation 2018
(2018-15) — published LW 25 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.