Australia: NSW Government Bulletin - 29 May 2018: Part 2

Last Updated: 1 June 2018
Article by Christine Jones
Most Read Contributor in Australia, September 2018

In the media

General Data Protection Regulation commenced 25 May
The European Union (EU) General Data Protection Regulation (GDPR) came into force on 25 May 2018. The GDPR will harmonise data privacy laws across Europe, and replace existing national data protection rules (25 May 2018). More...

Supreme Court Justice to lead Consent Law Review
Acting Justice Carolyn Simpson will take up her appointment as part-time Commissioner of the NSW Law Reform Commission immediately. One of the catalysts for the review was the case of Saxon Mullins, who endured four separate court proceedings relating to a charge of sexual assault. The proceedings centred around whether the accused knew the complainant did not consent to the act in question (23 May 2018). More...

Half of NSW men have been in trouble with police
New research by the NSW Bureau of Crime Statistics and Research (BOCSAR) shows that nearly a half (48.4%) of all men in NSW born in 1984 (and now 33 years of age) have had some form of action taken against them by the NSW police (23 May 2018). More...

NSW Legislative Assembly passes bill allowing for digital licenses and photo cards
The amendments will allow the Roads and Maritime Services (RMS) agency to securely release personal information and photographs from its driver licensing and photo card registers to the Department of Finance, Services and Innovation Service NSW (23 May 2018). More... More...

NSW bill for comprehensive changes to political donations and electoral expenditure
The NSW Government has introduced the Electoral Funding Bill 2018 (NSW) (the Bill) on 17 May 2018. This Bill is for the purpose of making provisions related to the disclosure, capping and prohibition of political donations and for electoral expenditures during election campaigns (21 May 2018). More...

BOSCAR: Big increase in bail refusals
Reforms to the NSW Bail Act in 2014 and 2015 have increased the number and proportion of defendants ending up in custody, the NSW Bureau of­ Crime Statistics and Research (BOCSAR) has found. Overall, the NSW Bail Act 2013 (as amended) increased the probability of the courts refusing bail to a defendant accused of a non-minor offence by 0.8 percentage points (21 May 2018). More...

Parliamentary Committee Recommends Referendum on Section 44
The Joint Standing Committee on Electoral Matters has released a report on section 44 of the Constitution that recommends the Australian Government hold a referendum to either repeal sections 44 and 45 of the Constitution, or to insert into the sections the words "Until the Parliament otherwise provides". However, the Turnbull Government has suggested they may not implement the Committee's findings (18 May 2018). More...

Protesting outside NSW abortion clinics could soon be outlawed
Protesters outside abortion clinics in New South Wales may be forced to abandon their posts, if State Parliament passes a new bill due to be introduced today (17 May 2018). More...

LCA: New Modern Slavery Act on the horizon
A Modern Slavery Reporting Requirement will be introduced as part of the new Modern Slavery Act. More than 3,000 large corporations and other entities will be required to publish annual public statements on their actions to address modern slavery in their supply chains and operations under the proposed new legislation (16 May 2018). More...

New Magistrate to join Children's Court Bench
Attorney General Mark Speakman today announced Legal Aid solicitor Debra Maher has been appointed as a magistrate to sit in the NSW Children's Court. Ms Maher will be sworn in on Monday 18 June 2018 (16 May 2018). More...

New Deputy Chief Magistrate for Local Court
Attorney General Mark Speakman today announced the appointment of Magistrate Michael Allen as Deputy Chief Magistrate of the Local Court of NSW. Magistrate Allen will begin his new role on 21 May (16 May 2018). More...

In practice and courts

2019 High Court sittings
The Rule of Court appointing the High Court sittings for 2019 has been published along with the explanatory statement. The Rule of Court appoints the Full Court sittings to be held in Canberra throughout the year and the days on which special leave applications will be heard. Sittings of the court will continue to be held in Adelaide, Brisbane, Hobart and Perth as required. These sittings will be appointed by the Chief Justice pursuant to Rule 6.04.2 of the High Court Rules 2004.

Health data privacy – Family planning NSW
ABC News has reported that people looking for information about abortions and contraception could have had their personal information stolen, after a major data breach at Family Planning NSW. Clients were alerted to the incident by an email signed by chairwoman of the FPNSW board, Sue Carrick, and chief executive Adjunct Professor Ann Brassi.

General Data Protection Regulation live on 25 May
The European Union's (EU) General Data Protection Regulation (GDPR) came into effect on 25 May 2018 to harmonise data privacy laws across Europe. It generally applies to data processing activities where an establishment is in the EU, or if outside the EU. Agencies and businesses should carefully assess whether the GDPR applies to their activities and seek their own legal advice accordingly. For more information, visit ico.org.uk and the Office of the Australian Information Commissioner at oaic.gov.au.

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, released on 17 May 2018. 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.

OAIC: Statement on Family Planning NSW
The Office of the Australian Information Commissioner was notified by Family Planning NSW about a data breach incident that occurred on 25 April 2018. The OAIC understands that Family Planning NSW is in the process of notifying individuals whose personal information may have been affected by the breach (14 May 2018). More...

New South Wales

NSW Privacy Commissioner: new guidance for public sector agencies on GDPR
With the European Union (EU) General Data Protection Regulation (GDPR) coming into effect on 25 May, the 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.

ICAC brings anti-corruption training and messages to Western NSW
The ICAC will visit Western NSW next week as part of its rural and regional outreach program to bring anti-corruption initiatives and training to centres across the state (23 May 2018). More...

ICAC public inquiry into allegations concerning Corrective Services NSW officers assault of prisoner
The ICAC Operation Estry public inquiry to be held as part of its investigation into allegations concerning the conduct of Corrective Services NSW (CSNSW) officers commences on 21 May 2018 (18 May 2018). More...

ICAC: Prosecution briefs with the DPP and outcomes
Tables of prosecution briefs with the DPP and outcomes. Last updated 14 May 2018. More...

BOSCAR Publication Releases
23 May 2018: Offending over the life course: Contact with the NSW criminal justice system between age 10 and age 33
21 May 2018: Did the 2013 Bail Act increase the risk of bail refusal?

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. More... More...

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. More... More...

Note: The review will consider relevant NSW, Commonwealth and international laws, including those relating to intellectual property, privacy, contract, crime, estate administration, wills, succession and assisted-decision making.

Supreme Court Practice Note SC CL 5 – General Case Management List
Practice Note SC CL 5 – General Case Management List has been re-issued. This Practice Note applies to Urgent Applications in civil proceedings in the Common Law Division of the Supreme Court of New South Wales. The revised version has been published on the NSW Legislation website and commenced operation on 18 May 2018. More...

Published – articles, papers, reports

Youth justice in Australia 2016–17
Australian Institute of Health and Welfare: 25 May 2018
This report looks at young people who were under youth justice supervision in Australia during 2016–17 because of their involvement or alleged involvement in crime. It explores the key aspects of supervision, both in the community and in detention, as well as recent trends. More...

Identity crime and misuse in Australia: results of the 2016 online survey
Russell G. Smith, Penny Jorna, Australian Institute of Criminology: 24 May 2018
This report presents the results of the latest identity crime and misuse survey, undertaken by the AIC in May 2016. It updates information obtained in earlier surveys, undertaken in 2013 and 2014, and provides an indication of how the identity crime and misuse of personal information environment has changed in Australia since 2013. More...

Offending over the life course: Contact with the NSW criminal justice system between age 10 and age 33
BOSCAR: released 23 May 2018
One of the most powerful predictors of the number of contacts with the criminal justice system (CJS) was the age of first contact. Repeat offenders make a disproportionate contribution to demand on criminal justice resources. Remarkably, the top 10 per cent of the 1984 birth cohort, in terms of court contacts and prison. More...

What impact do public sex offender registries have on community safety?
Sarah Napier, Christopher Dowling, Anthony Morgan, Daniel Talbot, Australian Institute of Criminology: 22 May 2018
This paper reviews the latest empirical evidence from Australia and overseas regarding the effectiveness of public and non-public sex offender registries. Results show that while public sex offender registries may have a small general deterrent effect on first time offenders, they do not reduce recidivism. More...

Did the 2013 Bail Act increase the risk of bail refusal?
BOSCAR: released 21 May 2018
BOCSAR analysed the outcomes of 501,212 bail hearings involving 318,559 individuals. The impact of the legislation appears to be greater for high-risk defendants. More...

Justice reinvestment in Australia: a review of the literature
Matthew Willis, Madeleine Kapira; Australian Institute of Criminology: 11 May 2018
This report examines the concepts and approaches behind Justice Reinvestment (JR) and how it might best be applied in Australia. The report shows that while JR faces some local challenges, it also offers substantial potential to improve justice system outcomes. More...

Cases

Gabriel v Commissioner of Police, NSW Police Force [2018] NSWCATOD 69
ADMINISTRATIVE REVIEW – Security industry licence – revocation – approach to construction of Regulation - whether finding of guilt as required by Regulation – meaning of "involving intimidation" – mandatory disqualification.

QLD Protection Security Pty Ltd v Commissioner of Police, NSW Police Force [2018] NSWCATAP 113
APPEAL – leave to appeal from refusal to grant stay or make other order under s.60(2) of the Administrative Decisions Review Act 1997 (NSW) – no obvious factual error – no failure to take into account substantial material relating to a mandatory consideration –parties able to make further applications even if appeal not permitted ADMINISTRATIVE LAW – revocation of security licence by Commissioner of Police under s.26 of the Security Industry Act 1997 (NSW) – application for review of decision to the NSW Civil and Administrative Tribunal (NCAT) – refusal to grant a stay or make other order affecting the operation of the revocation decision – mandatory consideration of detriment under s.60(3)(a) of the Administrative Decisions Review Act 1997 (NSW) – lack of substantial material concerning detriment – further applications able to be made

DEP v Commissioner of Victims Rights [2018] NSWCATAD 99
ADMINISTRATIVE LAW - Victims Support –requirement for documentary evidence- whether applicant primary victim – secondary victim not entitled to financial support – summons.

Hutchison v NSW Department of Education [2018] NSWCATAD 100
ADMINISTRATIVE REVIEW – respondent made an application for the dismissal of the applicant's review application on the basis that the application was misconceived as no further issues arose – whether a hearing of the respondent's dismissal application should be dispensed with and a determination of the application be dealt with on the papers.

Amos v Central Coast Council [2018] NSWCATAD 101
ADMINISTRATIVE LAW – government information – forms of access – provision of inspection access only – whether provision of copy access would involve an infringement of copyright – whether Tribunal is entitled to consider fair dealing exception under copyright legislation when determining whether there would be a copyright infringement – whether it is agency's purpose or applicants' purpose which is relevant for application of fair dealing exception in context of access application ADMINISTRATIVE LAW – government information – whether the Tribunal has jurisdiction to review the sufficiency of an agency's search where the agency has not made a determination that it does not hold information – whether the Tribunal has jurisdiction to review an implied decision that agency does not hold information - whether correct approach to review of decision that information is not held is to consider first that there are reasonable grounds to believe information exists and secondly whether searches were reasonable – whether applicant bears onus of proving respondent holds additional information – where information identified in second access application which was responsive to access application the subject of these proceedings, but not identified in relation to that application.

CBL v Southern Cross University [2018] NSWCATAD 97
ADMINISTRATIVE LAW – PRIVACY – personal information – solicitation - collection – lawful purpose – disclosure – disclosure within an agency – confidential information – no disclosure.

Legislation

Regulations and other miscellaneous instruments

Children (Detention Centres) Amendment (Savings and Transitional) Regulation 2018
(2018-212) — published LW 25 May 2018.

Crimes (Administration of Sentences) Amendment (Re-integration Home Detention) Regulation 2018
(2018-213) — published LW 25 May 2018.

Fines Amendment (Vehicle Offences) Regulation 2018
(2018-215) — published LW 25 May 2018.

Liquor Amendment (Special Licence Conditions) Regulation 2018
(2018-217) — published LW 25 May 2018.

Local Court (Amendment No 9) Rule 2018
(2018-203) — published LW 18 May 2018.

The object of this rule is to amend the Local Court Rules 2009, as a consequence of the Justice Legislation Amendment (Committals and Guilty Pleas) Act 2017 and Criminal Procedure Amendment (Committals and Guilty Pleas) Regulation 2018.

Bills introduced Government – 18 May 2018

Electoral Funding Bill 2018

Road Transport and Other Legislation Amendment (Digital Driver Licences and Photo Cards) Bill 2018

Non-Government – 18 May 2018

Public Health Amendment (Safe Access to Reproductive Health Clinics) Bill 2018

Bills passed by both Houses of Parliament – 18 May 2018

National Redress Scheme for Institutional Child Sexual Abuse (Commonwealth Powers) Bill 2018

Bills introduced Government – 25 May 2018

Companion Animals and Other Legislation Amendment Bill 2018

Justice Legislation Amendment Bill (No 2) 2018

Miscellaneous Acts Amendment (Marriages) Bill 2018

Statute Law (Miscellaneous Provisions) Bill 2018

Non-Government – 25 May 2018

Anti-Discrimination Amendment (Religious Freedoms) Bill 2018

Public Accountability Legislation Amendment (Sydney Motorway Corporation) Bill 2018

Bills revised following amendment in Committee

Electoral Funding Bill 2018

Bills passed by both Houses of Parliament – 25 May 2018

Road Transport and Other Legislation Amendment (Digital Driver Licences and Photo Cards) Bill 2018

Bills assented to

National Redress Scheme for Institutional Child Sexual Abuse (Commonwealth Powers) Act 2018 No 17 — Assented to 23 May 2018.

Proclamations commencing Acts

Parole Legislation Amendment Act 2017 No 57 (2018-211) — published LW 25 May 2018.

For the full text of Bills, and details on the passage of Bills, see Bills.

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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