Australia: NSW Goverment Bulletin - 15 May 2018: Part 2

Last Updated: 21 May 2018
Article by Lyn Nicholson and Christine Jones
Most Read Contributor in Australia, September 2018

In the media

New Parliamentary Counsel appointed
Premier Gladys Berejiklian today announced leading public sector executive Annette O'Callaghan as the new NSW Parliamentary Counsel (10 May 2018). More...

High Court – Katy Gallagher
The High Court has today decided that Katy Gallagher was ineligible to be elected to the Senate because she was a dual citizen at the close of nominations for the 2016 Federal Election. The remaining four members who have disclosed that they remained British citizens after 9 June 2016 and were therefore ineligible to be elected, are in breach of the Constitution by remaining in Parliament. These Members must immediately resign to allow for the orderly conduct of by-elections in each of these seats to ensure the integrity of the Australian Parliament is upheld (09 May 2018). More...

Privacy Protection is everyone's business
Attorney General Mark Speakman said the NSW Government is aware of the need for legislation to evolve with technology in our rapidly changing world. The NSW Government's intimate image-based abuse reforms were introduced in 2017 to enable courts to penalise the non-consensual sharing of intimate images with sentences including terms of imprisonment (09 May 2018). More...

Sexual Consent Laws to be reviewed in NSW
A review of the sexual consent provisions in the Crimes Act will determine if the law needs to be amended to protect victims better, Attorney General Mark Speakman announced today. The review will consider sexual assault research and expert opinion, as well as community views, and developments in law, policy and practice in Australia and internationally (08 May 2018). More...

NSW Privacy Commissioner launches new guidance for public sector agencies on GDPR
With the European Union (EU) General Data Protection Regulation (GDPR) coming into effect in a matter of weeks on 25 May, NSW Privacy Commissioner Samantha Gavel today released guidance for NSW public sector agencies on this matter (07 May 2018). More...

NSW Legislative Council Passes Modern Slavery Bill
Last week, on 3 May 2018, the NSW Legislative Council passed (with amendments) the Modern Slavery Bill 2018 (NSW) (the Bill). This Bill, a private member's Bill introduced by Paul Green, will now be considered in the Legislative Assembly (08 May 2018). More...

NSW Leads Nation on Path to Redress
The NSW Government has become the first state in Australia to introduce a Bill paving the way for it to join the National Redress Scheme for survivors of institutional child sexual abuse. The redress scheme, to begin on 1 July 2018, includes a payment of up to $150,000 in recognition of a survivor's hurt and injury (01 May 2018). More...

Two new officers join Illawarra Reintegration Centre to drive down NSW reoffending
Two new officers have joined the team at the Illawarra Reintegration Centre to work in a new unit focussed on driving down reoffending rates. Sentenced inmates most at risk of reoffending are being targeted by a new case management model, which gives them greater access to services and programs in custody and increased support for their reintegration and release (01 May 2018). More....

Historic Criminal Justice Reforms in NSW
A transformational criminal justice reform designed to deliver swifter justice to victims and the community begins in NSW today, Attorney General Mark Speakman has announced. These tough and smart reforms encourage serious offenders to enter early appropriate guilty pleas, enabling victims to get on with their lives and police to return to front line duties (30 April 2018). More...

In practice and courts

High Court of Australia
High Court of Australia Bulletin [2018] HCAB 3 (28 April 2018)

Federal Budget 2018-19: Highlights for lawyers
Law Council of Australia has produced a summary of key items from last night's Federal Budget of interest to the legal profession. More...

Law Council consults on Review of Australian Solicitors' Conduct Rules
The Law Council is undertaking a review of the Australian Solicitors' Conduct Rules. This is the first comprehensive review of the Rules since they were first promulgated in June 2011. The Law Council's Professional Ethics Committee has developed a Consultation Discussion Paper for the Review and invites comments and submissions on the issues raised and discussed. Read more here. The closing date for Submissions is 31 May 2018, which may be lodged here.

The OAIC welcomes the Consumer Data Right
The OAIC welcomes the Government's announcement that it will introduce a Consumer Data Right (CDR), which will be underpinned by strong privacy and information security protections. The OAIC will support strong privacy protections under the CDR and welcomes the funding of $12.9 million over the forward estimates to perform this role (09 May 2018). More...

OAIC Statement on Commonwealth Bank of Australia incident in 2016
The Office of the Australian Information Commissioner was notified of an incident by the Commonwealth Bank of Australia (CBA) in 2016. Having regard to the findings in the report by the Australian Prudential Regulation Authority into the CBA released on Tuesday, the OAIC has made further inquiries in relation to this matter (03 May 2018). More...

OAIC Key dates
Australian Government Agencies Privacy Code - Commences 1 July 2018.

AAT Statement about recent media coverage
The role of the AAT is to apply the law enacted by the Federal Parliament, including relevant ministerial directions. The AAT reviews a broad range of visa decisions made by the Department of Home Affairs. Recent media coverage incorrectly reported that the AAT set aside more decisions than it affirmed. "Affirmed" means that the AAT upheld the original decision made by the Department of Home Affairs (27 April 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. 17/2018, 7 May 2018
Issue No. 16/2018, 30 April 2018

Judiciary Amendment (Commonwealth Model Litigant Obligations) Bill 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. More...

NSW Privacy Commissioner: new guidance for public sector agencies on GDPR - 07 May 2018
With the European Union (EU) General Data Protection Regulation (GDPR) coming into effect in a matter of weeks on 25 May, NSW Privacy Commissioner Samantha Gavel today released guidance for NSW public sector agencies on this matter. "The Fact Sheet: NSW public sector agencies and the GDPR is aimed at helping NSW public sector agencies in understanding the GDPR and in particular the effect for those NSW public sector agencies that offer goods or services to EU citizens.

NSW IPC Bulletin
The aim of the IPC Bulletin is to provide support and advice to public sector agencies, practitioners, interested parties from the private, government and university sectors, by publishing case notes and providing timely statutory updates that align with the IPC's administered legislation. More...

ICAC public inquiry into allegations concerning Corrective Services NSW officers assault of prisoner
The ICAC will hold a public inquiry commencing on Monday 21 May 2018 as part of an investigation it is conducting into allegations concerning the conduct of Corrective Services NSW (CSNSW) officers (Operation Estry) (03 May 2018). More...

ICAC: Prosecution briefs with the DPP and outcomes
Tables of prosecution briefs with the DPP and outcomes. Last updated 04 May 2018. More...

ICAC: Operation Skyline public inquiry adjourned
The Operation Skyline investigation public inquiry into allegations concerning the Awabakal Local Aboriginal Land Council was adjourned until 7 May 2018. More... More...

BOSCAR: Evaluation of the Safer Pathway Program and the DVSAT screening tool
The Safer Pathway program has only had a limited effect on the incidence of domestic violence (DV) in NSW, according to a report released by the NSW Bureau of Crime Statistics and Research today (03 May 2018). More... More...

BOSCAR Publication Releases
NSW Custody Statistics Quarterly update March 2018 – 30 April 2018.

Consent in relation to sexual assault offences: Consultation
The Attorney General has asked us to review s 61HA of the Crimes Act 1900 (NSW) which deals with consent in relation to sexual assault. The deadline for preliminary submissions is 29 June 2018. See the Terms of reference and Making a preliminary submission.

NSW Law Reform Commission: Access to digital assets upon death or incapacity
The Attorney General has asked us to review and report on the laws that affect access to a NSW person's digital assets after they die or become incapacitated. We invite preliminary submissions on what this review should cover. The deadline for preliminary submissions is 1 June 2018. See Terms of reference and Background information about access to digital assets.

Published – articles, papers, reports

Mitigating Insider Threats through Personnel Security
Australian National Audit Office: 11 May 2018
The objective of the audit was to assess the effectiveness of the Australian Government's personnel security arrangements for mitigating insider threats. More...

ASIO's questioning and detention powers
Parliamentary Joint Committee on Intelligence and Security; Parliament of Australia: 10 May 2018
This review focused upon whether there is a need for an ASIO questioning power in the current security context, and the interaction of ASIO's questioning and detention powers with other counter-terrorism powers that have more recently been introduced. More...

Budget 2018-19
Government of Australia: 08 May 2018
The Turnbull Government has released the 2018-19 federal budget. More...

Social Services Legislation Amendment (Drug Testing Trial) Bill 2018 [Provisions]
Senate Community Affairs Legislation Committee: 07 May 2018
This report recommends that the Department of Social Services should establish and publish the evaluation strategy of the drug testing trial prior to the trial's commencement, and that the outcomes of the trial be publicly released. More...

Australian Broadcasting Corporation—complaints management
Australian National Audit Office: 03 May 2018
The objective of the audit was to assess the effectiveness of the Australian Broadcasting Corporation's (ABC's) management of complaints. More...

Assessing the impact of NSW's Safer Pathway Program on recorded crime outcomes – an aggregate-level analysis
Wai-Yin Wan, Hamish Thorburn, Suzanne Poynton, Lily Trimboli; NSW Bureau of Crime Statistics and Research: 03 May 2018
The Safer Pathway program has only had a limited effect on the incidence of domestic violence (DV) in NSW, according to this report released by the NSW Bureau of Crime Statistics and Research. More...

The Domestic Violence Safety Assessment Tool (DVSAT) and intimate partner repeat victimisation
Clare Ringland; NSW Bureau of Crime Statistics and Research: 03 May 2018
This report outlines BOCSAR's evaluation of the DVSAT screening tool (which is a key component of the Safer Pathway program), to see how reliable it is in identifying victims of domestic violence at high risk of repeat victimisation. More...

Cases

High Court holds katy gallagher ineligible for parliament due to dual citizenship: [2018] HCA 17
Today, 9 May 2018, the High Court of Australia ruled that Labor Senator Katy Gallagher is ineligible to hold her seat in the Australian Parliament as she had failed to take all reasonable steps to renounce her dual citizenship prior to nominating for the 2016 election: Re Gallagher [2018] HCA 17. In a unanimous decision, Chief Justice Kiefel, Justices Bell, Gageler, Keane, Nettle, Gordon and Edelman ruled that Ms Gallagher had not taken all steps reasonable required to renounce her citizenship, further clarifying that this defence is only applicable where the law of the foreign country "irremediably prevents" the Australian citizen from renouncing foreign citizenship (see paragraph [39]) (09 May 2018).

Hacienda Caravan Park Pty Ltd v Dodge [2018] NSWCATAP 108
APPEALS - contracts - general contractual principles - formation - conduct - subsequent conduct STATUTORY INTERPRETATION - interpretation - text, context and purpose - conflict between provisions - hierarchy of provisions WORS AND PHRASES - "of a kind referred to in" - Residential (Land Lease) Communities Act 2013 (NSW), Sch 2, cl 5(6).

Racing NSW v Lewin [2018] NSWCA 93
ADMINISTRATIVE LAW – regulations — validity of delegated legislation — whether Racing Appeals Tribunal Regulation 2015 (NSW), cl 5 arbitrary or capricious CIVIL PROCEDURE — parties — joinder — whether necessary to join State of New South Wales (or other relevant polity) where challenge to validity of regulations — State of New South Wales v Macquarie Bank Ltd (1992) 30 NSWLR 307 not followed JURISDICTION — Racing Appeals Tribunal – decision by Racing NSW not to renew bookmaker licence – jurisdiction to hear appeal WORDS AND PHRASES — "regulations may make provision for or with respect to appeals" — Racing Appeals Tribunal Act 1983 (NSW), s.18 WORDS AND PHRASES — "person ... may, in accordance with the regulations, appeal" — Racing Appeals Tribunal Act 1983 (NSW), s.15 — "revoke the licence of any person under the rules" — Racing Appeals Tribunal Regulation 2015 (NSW), cl 5.

State of New South Wales v Hill [2018] NSWSC 541
ADMINISTRATIVE LAW – Judicial review - whether a s.323 deduction should have been made due to previous injury/pre-existing condition - whether the Appeal Panel misdirected or a asked itself the wrong question – "main contributing factor" - whether the Appeal Panel relied on illogical and irrational reasoning - Appeal Panel expertise – whether the Appeal Panel's decision was legally unreasonable as to the outcome - Court's supervisory role – area of decisional freedom.

Legislation

Commonwealth

High Court (2019 Sittings) Rules 2018
10/05/2018 - These Rules of Court appoint the High Court days of sitting for 2019. High Court (2019 Sittings) Rules 2018

Criminal Code and Other Legislation Amendment (Removing Commonwealth Restrictions on Cannabis) Bill 2018
10/05/2018 – The Criminal Code and Other Legislation Amendment (Removing Commonwealth Restrictions on Cannabis) Bill 2018 removes Commonwealth barriers to the legalisation, regulation and taxation of cannabis. As such, the passage of this bill would allow any State or Territory Government to legalise and regulate cannabis. Criminal Code and Other Legislation Amendment (Removing Commonwealth Restrictions on Cannabis) Bill 2018

New South Wales

Regulations and other miscellaneous instruments

Uniform Civil Procedure (Amendment No 85) Rule 2018 (2018-193) — published LW 11 May 2018.
Uniform Civil Procedure (Amendment No 86) Rule 2018 (2018-194) — published LW 11 May 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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Lyn Nicholson
Christine Jones
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