In the media
Part-time Commissioner appointed
On 29 June 2018, The Hon Christian Porter MP,
Attorney-General for Australia, announced the appointment of Dr
Andrew Bickerdike as a Part-time Commissioner to the ALRC Review of
the Family Law System (29 June 2018).
More...
AAT Appointments
The Government announces four reappointments and one new
appointment to the Administrative Appeals Tribunal. Mr Matthew
Groom has been appointed to the Tribunal as a full-time senior
member for five years, commencing on 23 July 2018 (02 July 2018).
More...
National Redress Scheme starts in NSW
NSW survivors of institutional child sexual abuse will be
among the first in Australia to be able to seek redress under a new
national scheme that begins today. The National Redress Scheme will
be administered by the Commonwealth Department of Social Services
and will run for 10 years (01 July 2018).
More...
IPC publishes the Agency Information Guide Review
Report
On 29 June 2018, Elizabeth Tydd (NSW Information
Commissioner and Open Data Advocate) published the Agency
Information Guide Review Report of the ten principal departments
and the IPC, with the results demonstrating significant
improvements in compliance levels by NSW principal departments (29
June 2018).
More...
Targets for briefing female Barristers
The Turnbull Government will for the first time set all
Commonwealth agencies specific targets to brief senior and junior
female barristers from 1 July 2018. All Commonwealth entities are
bound by the Legal Services Directions, which encourage the
briefing of a broad range of barristers and, in particular women,
based on their skill, experience and expertise (29 June 2018).
More...
PS impersonation laws made tougher
New laws making it a criminal offence to impersonate a
Commonwealth entity, company or service, including Government
Agencies and Departments, have been passed by the Australian
Parliament (25 June 2018).
More...
In practice and courts
Consultations for Australia's second Open Government
National Action Plan 2018-20
Final consultations are now open until 8 July. See the
Phase Two: Draft Plan. In this second phase, from 25
June-8 July, a draft Plan has been released for comment.
More...
OAIC: Commencement of the Australian Government Agencies
Privacy Code
The Australian Government Agencies Privacy Code (the
Code) came into effect on 1 July 2018, requiring
Australian Government Agencies to move to a best practice approach
to privacy governance across the APS, with the ongoing support of
the Office of the Australian Information Commissioner
(OAIC) (02 July 2018).
More...
Deferred prosecution agreement scheme code of
practice
Submissions close on Monday, 9 July 2018. The draft code
provides guidance on the intended operation of the DPA scheme and
outlines the DPA process for industry, from the point of entering
into DPA negotiations to fulfilling the terms of a DPA.
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...
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 on the ALRC
website. Submissions are due to the ALRC by 30 July 2018.
High Court of Australia
High Court of Australia Bulletin [2018] HCAB 05
(27 June 2018).
More...
Changes to AAT application fees
From 1 July 2018 application fees in the Administrative
Appeals Tribunal will increase.
More...
AAT Bulletins 2018
Issue No. 25/2018, 2 July 2018
Issue No. 24/2018, 25 June 2018
OAIC Key dates
Australian Government Agencies Privacy Code - Commences 1 July
2018.
New South Wales
JUDCOM Updates
Equality before the Law Bench Book Update 12 published 29 June
2018.
Sexual Assault Trials Handbook Update 19 published 29 June
2018.
IPC Newsletter July 2018
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...
IPC: Agency Information Guide Review Report
the Agency
Information Guide Review Report of the ten principal
departments and the IPC, with the results demonstrating significant
improvements in compliance levels by NSW principal departments, was
released on 29 June 2018.
NCAT Fees and charges from 1 July 2018
NCAT's fees and charges for the filing of
applications, appeals and other services will change on 1 July
2018.
NCAT Fees
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...
ICAC Operation Dasha public inquiry concerning former
Canterbury City Council resumes 9 July
The ICAC's Operation Dasha public inquiry into
allegations concerning the former Canterbury City Council resumed
on Monday 9 July.
More...
ICAC: Operation Dasha public inquiry witness list - week
beginning 9 July 2018
Witness list for the Operation Dasha public inquiry into
allegations concerning the former Canterbury City Council, week
commencing Monday 9 July 2018. Please note that this list is
subject to change.
More...
ICAC briefs with the DPP and prosecution outcomes
Tables summarising information about briefs that are with
the DPP, and prosecution outcomes. Last updated 29 June 2018.
More...
Register now for the 12th National Investigations
Symposium
Early bird registration is now open for the 12th National
Investigations Symposium, to be held in Sydney this November.
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 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.
Published – articles, papers, reports
Consumer Safeguards Review Part A — Redress and
complaints handling: consultation paper
Department of Communications and the Arts
(Australia): 05 July 2018
This consultation paper sets out the problems and
complexities that consumers face when navigating current regulatory
and institutional arrangements and proposes reforms to address
these problems. More...
Digital delivery of government services
Senate Finance and Public Administration References
Committee; Parliament of Australia: 27 June 2018
Digital transformation represents one of the best
opportunities to deliver more to those who pay for government,
those who work for government, and those who government works for.
More...
Review of the operation of Schedule 5 to the
Broadcasting Services Act
1992
Department of Communications, Information Technology
and the Arts (Australia): 26 June 2018
This is the report of the Review of Schedule 5 to the
Broadcasting Services Act 1992 (the Act),
conducted by the Department of Communications, Information
Technology and the Arts (the Department). Schedule
5 of the Act establishes the Online Content Co-regulatory Scheme
(the Scheme), which commenced on 1 January 2000. More...
Cases
Blacktown City Council v Concato
[2018] NSWSC 1039
ADMINISTRATIVE LAW – practice and procedure - stay
of administrative action pending judicial review - source of power
- discretionary considerations.
Lazarus v Independent Commission Against
Corruption [2018] NSWSC
997
CIVIL PROCEDURE – summary – dismissal –
no reasonable cause of action – abuse of process in the
alternative – UCPR r.13.4 – removal of reports –
civil penalty – compensation and damages for criminal act
– statutory immunity – bad faith –whether false
or misleading statements – exercise of power and official
duties – validity of prosecutions – prior disposal of
issue – protection from liability under the Independent
Commission Against Corruption Act 1999 (NSW) – no breach
of statutory duty – no claim in negligence – in any
event no basis claim in negligence – statement of claim
dismissed – costs.
The charges alleged misuse of requisition forms, "vendor
maintenance forms" and "non-order vouchers", used at
the Royal Hospital for Women and the Royal North Shore Hospital to
support payments for goods and services.
Loussikian v University of Sydney
[2018] NSWCATAD 140
Government information public access - refusal to deal
with access application - unreasonable and substantial diversion of
agency resources.
Peter Zonnevylle v Department of Education and
Communities [2018] NSWCATAD
139
ADMINISTRATIVE LAW – application for access to
government information – whether overriding public interest
against disclosure by reason of legal professional privilege
– whether public interest in favour of disclosure is
outweighed by public interest in favour – whether disclosure
would expose persons to risk of harm or of serious harassment or
intimidation - whether reasonable searches conducted –
whether processing charge reasonable – whether an officer has
failed to exercise a function in good faith.
DCF v Life Without Barriers
[2018] NSWCATAD 142
ADMINISTRATIVE LAW- administrative review jurisdiction of
the Tribunal - order dispensing with a hearing – section
28(1)(a) of the Community Services (Complaints, Reviews and
Monitoring) Act 1993 - where no administratively reviewable
decision - where the decision sought to be reviewed does not come
within section 245 Children and Young Persons (Care and
Protection) Act 1998 (NSW).
Cairns v ANZ Banking Group Limited
[2018] NSWCATAD 138
HUMAN RIGHTS - discrimination in provision of marketing
services – both applicants of New Zealand nationality and
origin – first respondent marketed second respondent's
life insurance to first applicant - whether direct discrimination
on grounds of race – whether indirect discrimination HUMAN
RIGHTS - discrimination in provision of insurance services
–second respondent issued life insurance policy to both
applicants - exclusion clause enabled insurer to decline benefit
unless insured held Australian citizenship or permanent residency
visa - whether direct discrimination on grounds of race - whether
indirect discrimination HUMAN RIGHTS - aiding and abetting –
whether in marketing life insurance to the first applicant the
first respondent aided or abetted the second respondent to
discriminate directly or indirectly against him.
M.H. Earthmoving Pty Ltd v Cootamundra-Gundagai
Regional Council (No 2) [2018] NSWLEC
101
PRACTICE AND PROCEDURE – notice of motion –
whether appropriate to hear issues raised as separate questions
– where similar submissions would be made in hearing of
another notice of motion in any event STATUTORY INTERPRETATION
– whether amendments to the Environmental Planning and
Assessment Act 1979 (NSW) have the effect of constituting a
new statutory entity or continuing an existing entity –
application of interpretive principles JOINDER – whether
appropriate to join planning panel to Class 1 proceedings –
where panel is the consent authority but decision is deemed to be
made by Council – where panel has power to control and direct
Council COSTS – costs sought in relation to conciliation
conference – presumptive rule against costs in Class 1
proceedings – costs sought against non-party – where
agreement reached in conciliation conference but planning panel
exercised its power to control and direct Council.
Rogers v The Independent Liquor and Gaming
Authority [2018] NSWSC
1014
ADMINISTRATIVE LAW – liquor licensing –
extended trading authorisation varied by Authority – where
plaintiffs contended lack of procedural fairness – where
plaintiffs sought interlocutory order staying decision of authority
– whether serious question to be tried – doubtful
prospect of serious case – whether balance of convenience
favours making of order – staffing and financial consequences
unlikely to be particularly detrimental – application
refused. ADMINISTRATIVE LAW – liquor licensing –
jurisdiction of Civil and Administrative Tribunal under Gaming
and Liquor Administration Act 2007 s.13A – where
authority varied license – whether NCAT has jurisdiction to
review decision to vary license made on Authority's own
initiative – doubtful that decision made by Authority is
beyond review – s.13A refers to person aggrieved "in
relation to" an application – s.13A appears to encompass
Authority's decision – unnecessary to decide at
interlocutory stage.
Richard Rudd and Civil Aviation Safety Authority (Freedom
of information) [2018] AICmr
56
Freedom of Information — Whether disclosure would
have a substantial adverse effect on the management or assessment
of personnel — Whether disclosure of personal information is
unreasonable — Whether contrary to public interest to release
conditionally exempt documents — (CTH) Freedom of
Information Act 1982 ss.11A(5), 47E(c) and 47F.
Lee v Commissioner for Fair Trading, Department of
Finance, Services and Innovation [2018]
NSWCATOD 101
ADMINISTRATIVE LAW – Home building –
Supervisor certificate – Where respondent refused
applicant's application for a supervisor certificate on grounds
that he was not a fit and proper person – Where applicant had
convictions for drug supply and possession committed about four
years ago – Where applicant claimed to have been
rehabilitated – Whether applicant had deliberately concealed
criminal history on his application form - Whether a person may be
fit and proper whilst still serving a sentence in the
community.
Park v Transport for NSW (No 2)
[2018] NSWCATAD 134
GIPA Act – Government information – access
– confidential information – cabinet material –
position Minister was taking – whether conclusive presumption
of overriding public interest against disclosure - Cabinet
information – special procedure for dealing with Cabinet
information.
Commissioner of Corrective Services v
Liristis [2018] NSWCA
143
APPEALS – jurisdiction exercised by trial judge
unclear – whether primary judge purported to review
administrative decision – scope of Court's judicial
review jurisdiction – Supreme Court Act 1970 (NSW),
s.69 CRIME – administration of prisons – prisoner
applied for orders for access to personal laptop and
printer/scanner while in custody –prisoner on remand awaiting
trial – whether prisoner had directly enforceable "right
to fair trial" or "right of access to courts"
JURISDICTION – Supreme Court – inherent jurisdiction
– scope of jurisdiction – defendant in District Court
criminal proceedings commenced proceedings in Supreme Court –
application for orders for access to personal laptop and
printer/scanner while in custody – whether defendant had
directly enforceable "right to fair trial" or "right
of access to courts" – whether inherent jurisdiction
supported positive orders binding third party to District Court
criminal proceedings – Supreme Court Act 1970 (NSW),
s.23 JURISDICTION – Supreme Court – supervisory
jurisdiction – scope of jurisdiction to supervise ongoing
District Court criminal proceedings – principle of restraint
– Smith v Commissioner of Correctives Services
[1978] 1 NSWLR 317, applied.
Manning v Bathurst Regional Council
[2018] NSWCATAD 132
ADMINISTRATIVE LAW –
government information – whether disclosure could reasonably
be expected to diminish the competitive commercial value of
information or prejudice any person's legitimate business,
commercial, professional or financial interests – whether
disclosure could reasonably be expected to enhance open discussion
or Government accountability.
DEN v Benevolent Society [2018]
NSWCATAD 131
ADMINISTRATIVE LAW- administratively reviewable decision
– where decision to cancel authorised carer status and remove
the responsibility for the daily care and control of children under
the care of the Minister.
Cobar Shire Council v Harpley-Oeser
[2018] NSWSC 964
ADMINISTRATIVE LAW – Judicial Review –
Workplace Injury Management and Workers Compensation Act
1998 (NSW) – whether plaintiff entitled to
jurisdictional relief in the form of certiorari quashing the
decision of the Medical Appeal Panel – whether the Appeal
Panel failed to properly apply criteria in paragraphs 1.36 and 2.5
of the NSW Workers Compensation Guidelines for the Evaluation of
Permanent Impairment – whether the Appeal Panel's
assessment included chronic pain presentation – whether
Appeal Panel erred by not measuring or commenting upon whether
there was any muscle wasting – procedural fairness –
whether Appeal Panel failed to give party an opportunity to be
heard.
Legislation
New South Wales
Proclamations commencing Acts
Coal Industry Amendment Act 2018 No 19 (2018-362) —
published LW 29 June 2018.
Companion Animals and Other Legislation Amendment Act 2018 No
27 (2018-301) — published LW 29 June 2018.
Electoral Act 2017 No 66 (2018-302) — published LW
29 June 2018.
Electoral Funding Act 2018 No 20 (2018-365) —
published LW 29 June 2018.
Fisheries Management Amendment Act 2015 No 59 (2018-303)
— published LW 29 June 2018.
Greyhound Racing Act 2017 No 13 (2018-304) —
published LW 29 June 2018
Justice Legislation Amendment Act (No 2) 2017 No 44
(2018-305) — published LW 29 June 2018
Liquor and Gaming Legislation Amendment Act 2018 No 7
(2018-306) — published LW 29 June 2018
Local Land Services Amendment Act 2017 No 48 (2018-307)
— published LW 29 June 2018
Saint John's College Act 2018 (2018-308) —
published LW 29 June 2018
Regulations and other miscellaneous instruments
Civil
and Administrative Tribunal Amendment (Fees) Regulation 2018
(2018-312) — published LW 29 June 2018
Civil
Procedure Amendment (Fees) Regulation 2018 (2018-313) —
published LW 29 June 2018
Criminal
Procedure Amendment (Fees) Regulation 2018 (2018-315) —
published LW 29 June 2018
Criminal
Procedure Amendment (Intervention Programs) Regulation 2018
(2018-316) — published LW 29 June 2018
Electoral
Funding Regulation 2018 (2018-366) — published LW 29 June
2018
Electoral
Regulation 2018 (2018-320) — published LW 29 June
2018
Lobbying
of Government Officials (Lobbyists Code of Conduct) Amendment
Regulation 2018 (2018-367) — published LW 29 June
2018
Photo
Card Amendment (Fees and Penalty Notice Offences) Regulation
2018 (2018-329) — published LW 29 June 2018
Bills assented to
Modern Slavery Act 2018 No 30 — Assented to 27
June 2018.
Crimes Amendment (Publicly Threatening and Inciting Violence)
Act 2018 No 32 — Assented to 27 June 2018.
Criminal Legislation Amendment (Child Sexual Abuse) Act
2018 No 33 — Assented to 27 June 2018.
Victims Rights and Support Amendment (Statutory Review) Act
2018 No 34 — Assented to 27 June 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.