Australia: NSW Government Bulletin - 24 July 2018: Part 2

Last Updated: 27 July 2018
Article by Christine Jones
Most Read Contributor in Australia, September 2018

In the media

National Redress Scheme
The National Redress Scheme started on 1 July 2018 and will run for 10 years. The NSW Government has joined the Scheme. This means people who were abused in the care of NSW Government institutions can apply to the Scheme for redress (18 July 2018). More...

Power to the people to make communities safer in NSW
Applications are now open for funding of up to $250,000 for local crime-fighting projects that tackle crime hot spots, address anti-social behaviour, promote safe use of public space and encourage people to work together to reduce crime (17 July 2018). More...

Tools enable agencies to build trust: commissioner
Open Government provides the antidote to the crisis of trust in government that threatens our ability to serve citizens effectively and efficiently (17 July 2018). More...

Criminal law system is failing victims of sexual assault: ALA says issue is more than 'consent'
The Australian Lawyers Alliance has called on the NSW Law Reform Commission to consider the use of restorative justice processes in its review of NSW sexual assault laws (16 July 2018). More...

NSW not considering tougher laws for child abuse concealers
There are no plans to increase the penalty for concealing child sexual abuse offences in New South Wales, despite the outcry over the sentence given to Archbishop Philip Wilson, the Government says (10 July 2018). More...

More than $2.5 million to help locals fight crime in NSW
Another round of the $10 million Community Safety Fund is now open, giving local businesses and organisations an opportunity to put forward their crime-fighting ideas to help make their communities a safer place to live (09 July 2018). More...

In practice and courts

New South Wales

Review of the Crime Commission Act 2012
The Crime Commission Act 2012 is being reviewed to determine if the whether the policy objectives of the Act remain valid and whether the terms of the Act remain appropriate for securing those objectives. Submissions close 20 August 2018. More...

Strengthening child sexual abuse laws in NSW
The NSW Government has prepared a discussion paper that identifies issues and poses questions about possible options for child sexual abuse law reform. The paper considers the recommendations made by the Royal Commission and the recommendations of the NSW Parliament's Joint Select Committee on Sentencing of Child Sexual Assault Offenders. More...

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. More...

ICAC briefs with the DPP and prosecution outcomes
Tables summarising information about briefs that are with the DPP, and prosecution outcomes. Last updated 18 July 2018. More...

ICAC: Operation Skyline public inquiry adjourned
The Operation Skyline public inquiry has adjourned. It will next sit for two weeks from Monday, 6 August 2018. More...

ICAC: Operation Dasha witness list - week beginning 23 July 2018
Witness list for the Operation Dasha public inquiry into allegations concerning the former Canterbury City Council, week beginning Monday 23 July 2018. Please note that this list is subject to change. 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 November 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 7 September 2018. To view the full conference program and to register, please visit the official Conference website.

Published - articles, papers, reports

The Implementation and Performance of the Cashless Debit Card Trial
ANAO: 17 July 2018
The objective of the audit was to assess the Department of Social Services' implementation and evaluation of the Cashless Debit Card trial. More...

What are the taxpayer savings from cancelling the visas of organised crime offenders?
Anthony Morgan, Rick Brown, Georgina Fuller; Australian Institute of Criminology: 18 July 2018
The focus of this study is the direct cost of offences committed by organised crime offenders, and the cost of prison sentences associated with these offences. More...

Australian Broadcasting Corporation Amendment (Fair and Balanced) Bill 2017
Don Arthur; Parliamentary Library (Australia: 11 July 2018
This Bill would amend the Act to insert the words 'fair' and 'balanced' into paragraph 8(1)(c). The amended Act would require the Board 'to ensure that the gathering and presentation by the Corporation of news and information is fair, balanced, accurate and impartial according to the recognized standards of objective journalism.' More...

OAIC Net 06 July 2018
Australian Government Agencies Privacy Code commences; Variation to the Privacy (Credit Reporting) Code 2014 commences; Consultation on Public Interest Determination - Australian Honours System; Consultation on Australia's Open Government National Action Plan 2018-2020; Consultation on New Australian Government Data Sharing and Release Legislation. More...

ANAO Corporate Plan 2018-19
The ANAO Corporate Plan 2018-19 is the ANAO's key strategic planning document. It guides our operating environment and sets out how we will deliver on our purpose (05 July 2018). More...

Cases

Turnbull v Strange [2018] NSWCA 157
CIVIL PROCEDURE - subpoenas - application to set aside - whether subpoena requiring public sector agency to disclose personal information should be set aside - Privacy and Personal Information Protection Act 1998 (NSW), ss.18, 23(6) HUMAN RIGHTS - legislation - Privacy and Personal Information Protection Act 1998 (NSW) - meaning of "personal information" - whether recorded conversations "information... about an individual" HUMAN RIGHTS - legislation - Privacy and Personal Information Protection Act 1998 (NSW) - whether subpoena should be set aside on basis that it required disclosure of personal information by public sector agency WORDS AND PHRASES - "information or an opinion... about an individual" - Privacy and Personal Information Protection Act 1998 (NSW), s.4.

Director of Public Prosecutions (NSW) v Kmetyk [2018] NSWCA 156
COURTS - orders - reconciliation of differences between forms of orders entered on JusticeLink and pronounced in court and recorded in document placed on file signed by judge JUDICIAL REVIEW - jurisdictional error by District Court - appeal against sentence imposed by Local Court - whether District Court decision quashing conviction, re-convicting and imposing new sentence vitiated by jurisdictional error TRAFFIC LAW - statutory disqualification upon conviction for driving while disqualified.

Champion Homes Sales Pty Ltd v Commissioner for Fair Trading [2018] NSWCATOD 114
ADMINISTRATIVE REVIEW - Home Building - Disciplinary action - Where respondent imposed fine on applicant in respect of breaches of statutory warranty to exercise due care and skill - Whether different standards of liability should apply in proceedings for breach of warranty and in disciplinary proceedings.

Larsson v Commissioner of Police, NSW Police Force [2018] NSWCATAD 149
ADMINISTRATIVE LAW - refusal of permit to possess or use a prohibited weapon (silencer) - genuine reason - recreational/sporting activity - applicant must demonstrate that the activity requires the possession or use of the weapon - whether use of a silencer is required for the activity on the basis of hearing loss or other grounds - whether there is a duty to apply the Work Health and Safety Act 2011 when determining an application for a permit.

George Thomas Hotels (Campsie) Pty Ltd & Anor v Station House Campsie Pty Ltd & Ors [2018] NSWSC 916
ADMINISTRATIVE LAW - Judicial review - Application for judicial review of decision of Liquor and Gaming Authority to increase gaming machine threshold in hotel premises - Whether hotel premises were situated in the immediate vicinity of a school - Where Authority determined that the hotel premises were not so situated - Where Authority took into account the neighbourhood as a whole - Whether the Authority erred in doing so - Whether the Authority asked itself the wrong question(s) - Whether the reasons of the Authority were inadequate - Whether the decision of the Authority was unreasonable - No error established - Proceedings dismissed.
WORDS AND PHRASES - "Immediate vicinity".

McKane v Commissioner of Corrective Services of New South Wales (No. 3) [2018] NSWSC 1060
ADMINISTRATIVE LAW - judicial review - reviewable decisions and conduct - applicant in custody - applicant intends to bring proceedings in High Court where filed documents must be typed - decision affecting conditions of applicant's incarceration -refused access to laptop with write and edit functionality in cell - decision not so unreasonable that no repository of the power could have made it - application dismissed.
JURISDICTION - Supreme Court - scope of supervisory jurisdiction - decision did not deny applicant access to the High Court - Supreme Court Act 1970 (NSW) ss.23 and 69 - scope of judicial review jurisdiction.
CRIME - administration of prisons - New South Wales - ordinary managerial powers exercised by prison authorities are reviewable only for bad faith, improper purpose or legal unreasonableness.

Kang v Bishop (No 2) [2018] NSWSC 1073
ADMINISTRATIVE LAW - judicial review - appeal from Local Court- application to quash orders made by Magistrate - jurisdiction of Local Court - whether prosecution in Local Court authorised - whether delegate authorised under Fair Trading Act 1987 (NSW) required to bring prosecution under s.192E and s.192G of the Crimes Act 1900 (NSW) - proper construction of s.14 and s.173 of the Criminal Procedure Act1986 (NSW) - consideration of the interaction between Criminal Procedure Act, Crimes Act and Fair Trading Act - application dismissed COSTS -departure from usual costs order sought - no basis - costs as agreed or assessed.

Kitoko v University of Technology Sydney [2018] NSWSC 1007
ADMINISTRATIVE LAW - judicial review- whether UTS breached their Student Rules - whether denial of procedural fairness.
PRACTICE AND PROCEDURE - summary dismissal- whether issue estoppel - whether factual basis of plaintiff's claims in these proceedings have already been determined adversely to the plaintiff in Federal Court proceedings- whether amendment to the summons can overcome the plaintiff's arguments that are subject to issue estoppel- whether plaintiff has an arguable case concerning breaches of the UTS Student Rules.

Legislation - New South Wales

Regulations and other miscellaneous instruments

Commons Management Regulation 2018 (2018-378) - published LW 13 July 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.

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