Australia: NSW Government Bulletin - 20 March 2018 - Part 2

Last Updated: 24 March 2018
Article by Christine Jones
Most Read Contributor in Australia, September 2018

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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The NSW Parliament has repealed a law that allowed employers to fire or refuse to hire women who knew they were pregnant when applying for a job today.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...

LEC Judicial Newsletter

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.

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Christine Jones
 
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