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In the media
Remaining states and territories urged to opt-in to
national redress scheme as matter of priority
The Law Council of Australia is urging all states and territories
to follow the lead set by New South Wales and Victoria to opt-in to
the Commonwealth's redress scheme for sexual abuse survivors
without further delay (15 March 2018).
More...
NSW Introduces Bill Package to Improve Regulation of
Liquor, Gaming and Clubs Industries
The NSW Government has introduced a package of four cognate bills
relating to regulation of liquor, gaming and clubs industries. The
bills make a significant number of amendments to a number of pieces
of legislation, building on existing measures designed to protect
those impacted by gaming-related harm and improve the management of
the liquor, gaming and clubs industries (12 March 2018). More...
First states commit to Redress Scheme
New South Wales and Victoria will be the first states to opt into
the National Redress Scheme for people who were sexually abused as
children while in the care of institutions. Subject to the passage
of legislation, the Redress Scheme will commence on 1 July (09
March 2018).
More...
Deputy Chief Magistrate to join District
Court
Attorney General Mark Speakman today announced the appointment of
Deputy Chief Magistrate Chris O'Brien to the bench of the
District Court of NSW (08 March 2018).
More...
Laws to protect pregnant job seekers pass
parliament
The NSW Parliament has repealed a law that allowed employers to
fire or refuse to hire women who knew they were pregnant when
applying for a job today. "These amendments will ensure fair
access to employment, which is good for the NSW economy and vital
to ensuring gender equality." (07 March 2018).
More...
ICAC sinks teeth into PS job claims
The NSW Independent Commission Against Corruption
(ICAC) has called for stronger employment
screening practices in the NSW Public Service to combat employment
application fraud, in its report, Strengthening Employment
Screening Practices in the NSW Public Sector (06 March 2018).
More...
In practice and courts
BOSCAR Long-term trends in violent and property crime
and NSW Recorded Crime Statistics quarterly update December
2017
Three of the ten offence types analysed in BOCSAR's report were
found to have recorded rates higher in 2017 than in 1990. These
included sexual assault (172% higher); other sexual offences (118%
higher) and assault (59% higher) (14 March 2018).
More...
NSW Land and Environment Court
Pilot Duty Lawyer Scheme
A duty lawyer scheme will be trialled in the Land and Environment
Court for a 6 month period commencing 6 April 2018. The pilot
scheme is aimed at assisting self-represented litigants in Classes
4 and 5 of the Court's jurisdiction (08 March 2018). More...
Volume 10 Issue 1 of the Court's Judicial Newsletter is now available (16 March 2018).
NCAT: Do you know your rights and
obligations?
NCAT has developed a new resource that explains the rights and
obligations of parties when NCAT makes an order or decision that
affects them (07 March 2018).
More...
ICAC: Prosecution briefs with the DPP and
outcomes
Tables of prosecution briefs with the DPP and outcomes. Last
updated 16 March 2018.
More...
ICAC public inquiry into allegations concerning Awabakal
Local Aboriginal Land Council
The NSW Independent Commission Against Corruption
(ICAC) will hold a public inquiry commencing on
Monday 26 March 2018 as part of an investigation it is conducting
into allegations concerning the Awabakal Local Aboriginal Land
Council (LALC) (Operation
Skyline) (07 March 2018).
More...
Cases
Re Lambie [2018] HCA 6
Constitutional law (Cth) – Parliamentary elections –
Reference to Court of Disputed Returns – Where Court held
there was a vacancy in representation of Tasmania in Senate –
Where Court made directions for special count of ballot papers to
fill vacancy – Where orders sought following special count
that Mr Steven Martin be declared elected as senator to fill
vacancy – Where Mr Martin held offices of mayor and of
councillor of local government corporation under Local
Government Act 1993 (Tas) – Whether Mr Martin incapable
of being chosen or of sitting as senator by reason of s44(iv) of
Constitution – Proper construction of s44(iv) of Constitution
– Where no dispute that office of mayor or of councillor is
"office of profit" – Whether office of mayor or of
councillor constitutes office of profit "under the
Crown".
Words and phrases – "civil service",
"conflict between duties", "conflict of duty and
interest", "control over holding or profiting from
holding", "employment by the Crown",
"employment in the public service", "executive
government", "executive influence", "from the
Crown", "incapable of being chosen or of sitting",
"office of profit", "public service",
"under the Crown", "will of the executive
government". Constitution, ss44(iv), 45(i), 48.
Commonwealth Electoral Act 1918 (Cth), s376. Local
Government Act 1993 (Tas).
Kaye v Health Care Complaints Commission (No 2) [2018]
NSWCATOD 36
ADMINISTRATIVE REVIEW — trades and professions —
un-registered health practitioners PRACTICE AND PROCEDURE —
adjournments COSTS — whether special circumstances are
established.
Haggar v Point to Point Transport Commissioner
[2018] NSWCATOD 38
ADMINISTRATIVE LAW – Passenger Transport – Where
applicant drove private hire vehicles pursuant to an authority
under the Passenger Transport Act 1990 – Where
applicant had committed disqualifying offences 28 years ago - Where
respondent decided, upon commencement of the Point to Point
Transport (Taxis and Hire Vehicles) Act 2016, that the
applicant should not be allowed to continue to drive passenger
service vehicles, due to the disqualifying offences –
Principles governing exercise of discretion. ADMINISTRATIVE LAW
– Where applicant had not applied for internal review -
Whether it was necessary for the Tribunal to deal with the
application in order to protect the applicant's interests.
Rous v Secretary, NSW Department of Education
[2018] NSWCATAD 57
HUMAN RIGHTS — Equal Opportunity — leave required for
complaint to proceed — principles applying to grant of leave
HUMAN RIGHTS — Equal Opportunity — elements of direct
and indirect discrimination.
DGB v Commissioner of Victims Rights [2018]
NSWCATAD 55
ADMINISTRATIVE LAW – merits review – victims support
motor vehicle use – homicide as a result of motor vehicle use
– purpose of victims support – clear intention of
Parliament to exclude some claims.
Platford v van Veenendaal and Shoalhaven City
Council [2018] NSWLEC 27
JUDICIAL REVIEW – development consent for dwelling in coastal
zone – boathouse arm of development at risk of coastal
inundation – condition of consent required maintenance of
existing seawall – whether council the consent authority
– whether council considered height controls applying to the
boathouse arm – whether council considered effects of coastal
inundation on the screen wall of the boathouse arm – failure
to consider relevant matters established.
Fisher v Roads and Maritime Services NSW [2018]
NSWCATAD 52
ADMINISTRATIVE LAW – government information – review of
decisions - reasonable grounds to believe information exists and is
held - reasonableness of search.
Lewin v Racing NSW ABN 86281604417 [2018] NSWSC
269
ADMINISTRATIVE LAW – statutes – discussion of
principles of construction – need for harmonious goals
– decision of Racing NSW not to renew bookmaker's licence
– whether decision of Racing NSW may be appealed to Racing
Appeals Tribunal – interaction of s 15, s 18 and s 23 of
Racing Appeals Tribunal Act 1983, reg 5 of Racing
Appeals Tribunal Regulations 2005, Thoroughbred Racing Act
1996 and rules applicable to Racing NSW – decision not
to renew is a "disqualification" and appeal not precluded
– discussion of "classes of matters" in s 18 of
Racing Appeals Tribunal Act 1983 – declaration
issue.
Legislation
New South Wales
Bills introduced
Government
Casino Control Amendment Bill 2018
Gaming Machines Amendment (Leasing and Assessment) Bill
2018
Liquor and Gaming Legislation Amendment Bill 2018
Non-Government – 09 March 2018
Animal Protection and Crimes Legislation Amendment (Reporting
Animal Cruelty and Protection of Animal Enterprises) Bill
2018
Modern Slavery Bill 2018
Bills passed by both Houses of Parliament – Week ending 09
March 2018
Justice Legislation Amendment Bill 2018
Proclamations commencing Acts
Child Protection (Working with Children) Amendment (Compliance
Period) Regulation 2018 (2018-87) — published LW 16
March 2018
Bills introduced Government – 16 March 2018
Child Protection (Working with Children) Amendment (Statutory
Review) Bill 2018
Smoke-free Environment Amendment Bill 2018
Non-Government – 16 March 2018
Companion Animals Amendment (Dining Areas) Bill 2018
Bills passed by both Houses of Parliament – 16 March 2018
Casino Control Amendment Bill 2018
Gaming Machines Amendment (Leasing and Assessment) Bill
2018
Liquor and Gaming Legislation Amendment Bill 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.
