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).
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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).
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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).
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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).
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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).
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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.