Australia: NSW Government Bulletin - 27 June 2018 - Part 2

Last Updated: 2 July 2018
Article by Christine Jones
Most Read Contributor in Australia, September 2018

In the media

High Court allows appeal on jury direction: Lane v R [2018] HCA 28
In Paul Ian Lane v The Queen [2018] HCA 28 (20 June 2018) the High Court of Australia has, in a unanimous decision, allowed an appeal from the Court of Criminal Appeal of the Supreme Court of New South Wales (see Lane v R [2017] NSWCCA 46 (22 March 2017) (21 June 2018). More...

Beefed-up hate speech laws pass NSW Parliament
Inciting violence against a community or person in New South Wales based on their race could result in three years in jail under new laws (21 June 2018). More...

'Embarrassment' no shelter for sex offenders in NSW
The embarrassment or distress of a defendant in sexual offence prosecutions will no longer be sufficient to enable the suppression of the defendant's identity under new laws to improve the operation of sexual offence proceedings passed by NSW Parliament (21 June 2018). More...

Is domestic violence in NSW decreasing?
New evidence released by the NSW Bureau of Crime Statistics and Research (BOCSAR) indicates that domestic assault (DV) in NSW is on the decline. BOCSAR also examined changes in the NSW police recorded rate of domestic assault occasioning grievous bodily harm. Because this offence is so serious, it is much less susceptible to variations in victim willingness to report DV to police (20 June 2018). More... More...

ABA supports the inclusion of a First Nations "Voice" in the Constitution
In a unified voice representing Independent Bars from across Australia, the ABA has made a submission to the Joint Select Committee on Constitutional Recognition Relating to Aboriginal and Torres Strait Islander Peoples supporting the Uluru Statement call (19 June 2018). More...

Budget 2018: Bar talks with Premier Berejiklian yield $10m extra for early guilty pleas
With the consent of the Premier's office, the President can inform members that in the NSW Budget to be released tonight the Treasurer will announce that in addition to $29.5 million for reforms to encourage early guilty pleas, there will be an additional $10 million in funding for Legal Aid NSW (19 June 2018). More...

NSW Budget 2018: Funding Support for Courts and Legal Centres
Small businesses and some of the State's most vulnerable people will benefit from increased support for Community Legal Centres (CLCs) and measures to streamline civil justice processes (19 June 2018). More...

Charter for Public Participation
NSW Information Commissioner and Open Data Advocate has launched a Charter for Public Participation - a guide to assist agencies and promote citizen engagement. More information and resources on information access and privacy rights in NSW are available at the Information and Privacy Commission NSW website (19 June 2018). More...

New laws to prevent criminal misrepresentation of Commonwealth bodies
Australians will be protected from the deliberately deceptive behaviour seen during the 2016 election campaign – the so called Mediscare campaign (18 June 2018). More...

QLD, NSW lawyers remain concerned about government funding
The respective law societies of Queensland and NSW are both welcoming various funding initiatives for the justice system but remain perturbed about a lack of funding for the courts and judicial resourcing in each of their state government budgets (15 June 2018). More...

Australian Government Response to the Royal Commission into Child Sexual Abuse
The Turnbull Government will establish a National Office for Child Safety and issue a formal apology in response to the Royal Commission into Institutional Responses to Child Sexual Abuse (13 June 2018). More...

In practice and courts

Australian Government response to the Royal Commission into Institutional Responses to Child Sexual Abuse
The Australian Government is committed to ensuring that children in institutional care are safe and protected from abuse. On 13 June 2018, the Australian Government tabled its response to the Royal Commission into Institutional Responses to Child Sexual Abuse. More...

OAIC statement update: Joint Statement on the PageUp Limited Data Incident
While recognising that investigations are ongoing and that the situation may therefore change, the ACSC emphasises that there is a significant distinction between information being accessed (which means there has been a systems breach) and information being exfiltrated by the offender. In other words, no Australian information may actually have been stolen (18 June 2018). More...

Acting Australian Information Commissioner and acting Privacy Commissioner approves variations to the Privacy (Credit Reporting) Code 2014
On 29 May 2018, the acting Australian Information Commissioner and acting Privacy Commissioner approved a variation of the registered Privacy (Credit Reporting) Code 2014 Version 1.2 (CR Code Version 1.2). The variations are proposed to commence on 1 July 2018. More...

Human rights and technology
New challenges to our basic rights and freedoms in an age of big data, artificial intelligence and social media, will be explored by leaders in industry, government and academia at a landmark event in Sydney. The Australian Human Rights Commission's Human Rights and Technology conference will take place on 24 July 2018, at the Four Seasons Hotel in Sydney. More information about the project and the conference is available here.

ALRC Discussion Paper: Class Action Proceedings and Third-Party Litigation Funders (DP 85)
The ALRC invites submissions in response to the proposals, questions and analysis in the Discussion Paper, which is available here. Submissions are due to the ALRC by 30 July, 2018.

NCAT: Accessing and publishing information from Tribunal proceedings
The President has revised NCAT's Policy regarding the access to and publication of information from Tribunal proceedings. See the policy revision here (21 June 2018). More...

ICAC: Operation Dasha witness list - week beginning 25 June 2018
Witness list for the second part of the Operation Dasha public inquiry into allegations concerning the former Canterbury City Council. Last updated Friday 22 June 2018. Please note that this list is subject to change (22 June 2018). More...

ICAC briefs with the DPP and prosecution outcomes
Tables summarising information about briefs that are with the DPP, and prosecution outcomes. Last updated 20 June 2018. More...

NSW Privacy Commissioner: Charter for Public Participation
NSW Information Commissioner and Open Data Advocate, Elizabeth Tydd, has launched the Information and Privacy Commission NSW's Charter for Public Participation which is aimed at enshrining the centrality of public participation in government agency decision-making (19 June 2018). More...

COAT NSW Annual Conference
The 2018 Council of Australasian Tribunals (COAT) NSW Annual Conference will be held at the Pullman Sydney Hyde Park on Friday, 7 September, 2018. To view the full conference program and to register, please visit the official Conference website. Early Bird Registration will be available until Friday, 13 July, 2018.

NSW Budget measures to tackle District Court backlog
The NSW Budget 2018 will include $27.1 million for ongoing measures to cut the backlog of criminal trials in the District Court, with five additional judges, two public defenders and extra sitting days. Learn more on legal budget allocations here (19 June 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 make a preliminary submission.

Published – articles, papers, reports

Is domestic violence in NSW decreasing?
BOSCAR: 20 June 2018
BOCSAR found no change over this period in victim willingness to report DV but the estimated number of victims of DV fell significantly, from 795,000 in the period 2010/2012 to 575,000 in the period 2012/2014 (a decline of around 221,000 assault victims).

When saying no is not an option: forced marriage in Australia and New Zealand
Samantha Lyneham, Samantha Bricknell; Australian Institute of Criminology: 15 June 2018
This report uses interviews with victims of forced marriage, community members, and government and non-government stakeholders in Australia and New Zealand, to describe the perceptions and realities of forced marriage.

Australian government response to the Royal Commission into Institutional Responses to Child Sexual Abuse
Government of Australia; Attorney-General's Department (Australia): 13 June 2018
In December 2017, the Royal Commission into Institutional Responses to Child Sexual Abuse final report made 409 recommendations. The Australian government is addressing each of these recommendations in partnership with state and territory governments.

Cases

Mookhey v Department of Finance, Services and Innovation [2018] NSWCATAD 128
Administrative law – Government Information Public Access – access sought to identity information of the 100 corporations which paid the most mortgage duty and marketable securities duty – access refused - administrative review – consideration of public interest considerations in favour of disclosure – consideration of whether identifying information of corporations paying duty provided confidentially – secrecy provisions of Taxation Administration Act – whether release of identity information would prejudice the supply to an agency of confidential information that facilitates the effective exercise of that agency's functions – prejudice to agency's functions – disclosure of information provided in confidence – decision to refused access to identity information affirmed.

Health Care Complaints Commission v CSM [2018] NSWSC 902
ADMINISTRATIVE LAW – judicial review – appeal on question of law – procedural fairness – protective orders – where Tribunal indicated contentment with proposed orders but then did not make all proposed orders – where procedural fairness was denied – whether certain orders may only be made as a package – statutory interpretation – individual orders may be made to the exclusion of others.

Stockdale v Roads and Maritime Services [2018] NSWCATOD 93
ADMINISTRATIVE LAW - Passenger Transport -– licensing – bus driver authority – whether of good repute – whether a fit and proper person – applicant convicted of serious crime 17 years previously – conditions on authority.

Roberts v Commissioner of Police, NSW Police Force [2018] NSWCATAD 127
ADMINISTRATIVE LAW – government information – whether respondent holds other information – jurisdiction to consider whether there have been adequate searches – legal professional privilege – whether privilege lost – excluded information – secondary reproductions of excluded information also excluded information.

Legislation

Commonwealth

Bills

National Redress Scheme for Institutional Child Sexual Abuse Bill 2018
Finally passed both Houses 19 Jun 2018 Assent Act no: 45 Year: 2018 21 June 2018
Introduced with the National Redress Scheme for Institutional Child Sexual Abuse (Consequential Amendments) Bill 2018, the bill implements the joint response of the Commonwealth Government, the government of each participating state and territory, and each participating non-government institution to recommendations of the Royal Commission into Institutional Responses to Child Sexual Abuse's Redress and Civil Litigation Report by: establishing the National Redress Scheme for Institutional Child Sexual Abuse to operate for a 10-year period from 1 July 2018; providing a payment of up to $150 000 to survivors; providing access to counselling and psychological services to survivors; and providing an option for survivors to receive a direct personal response from the responsible institution. More...

National Redress Scheme for Institutional Child Sexual Abuse (Consequential Amendments) Bill 2018
Finally passed both Houses 19 June 2018 Assent Act no: 46 Year: 2018 21 June 2018
Introduced with the National Redress Scheme for Institutional Child Sexual Abuse Bill 2018, the bill amends the Administrative Decisions (Judicial Review) Act 1997 to exempt decisions made under the national redress scheme from judicial review; Freedom of Information Act 1982 to exempt protected information from disclosure under the Act; Social Security (Administration) Act 1999 to enable the use and disclosure of protected information if it is done for the purposes of the national redress scheme; and Age Discrimination Act 2004 to enable the exclusion of children applying to the national redress scheme if they will not turn 18 during the life of the scheme.
HR Third reading 29 May 2018
More...

NSW

Regulations and other miscellaneous instruments
Administrative Arrangements (Administration of Acts—Amendment No 3) Order 2018 (2018-277) — published LW 22 June 2018
Administrative Arrangements (Administrative Changes—NSW State Archives and Subsidence Advisory NSW) Order 2018 (2018-276) — published LW 22 June 2018
Service NSW (One-stop Access to Government Services) Regulation 2018 (2018-282) — published LW 22 June 2018
Victims Rights and Support (Victims Support Levy) Amendment Notice 2018 (2018-286) — published LW 22 June 2018

Bills introduced Non-Government – 22 June
Crimes Amendment (Misconduct in Public Office and Other Matters) Bill 2018
Public Finance and Audit Amendment (State-funded Private Entities) Bill 2018

Bills revised following amendment in Committee – 22 June
Criminal Legislation Amendment (Child Sexual Abuse) Bill 2018
Fair Trading Amendment (Short-term Rental Accommodation) Bill 2018
Justice Legislation Amendment Bill (No 2) 2018
Modern Slavery Bill 2018

Bills passed by both Houses of Parliament – 22 June
Crimes Amendment (Publicly Threatening and Inciting Violence) Bill 2018
Criminal Legislation Amendment (Child Sexual Abuse) Bill 2018
Justice Legislation Amendment Bill (No 2) 2018
Modern Slavery Bill 2018
Victims Rights and Support Amendment (Statutory Review) Bill 2018

Bills assented to
Justice Legislation Amendment Act (No 2) 2018 No 29 — Assented to 21 June 2018
For the full text of Bills, and details on the passage of Bills, see here.

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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