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.