Australia: NSW Government Bulletin - 22 August 2018

Last Updated: 28 August 2018
Article by Christine Jones, Greg Wrobel, Bede Haines, Michael Selinger, Lyn Nicholson, Robina Kidd, Vanya Lozzi, Cameron Sheather, Breellen Warry, Lindsay McGregor, Alexander A McNutt, Peter Holt and Scott Alden
Most Read Contributor in Australia, September 2018

In the media

Islamic leader accused of illegal land clearing says his group is exempt from Australian law
A religious leader accused of illegal land clearing on a rural property used for religious prayer claims a western Sydney council is infringing on his group's religious freedoms by pursuing him over the allegations (18 August 2018). More...

The OAIC welcomes the appointment of Angelene Falk as Australian Information Commissioner and Privacy Commissioner
The OAIC welcomes the Attorney-General's announcement of the appointment of Angelene Falk as Australian Information Commissioner and Privacy Commissioner for a three year term (17 August 2018). More...

Tough penalties for inciting violence now in force
Anyone who incites or threatens violence against people based on their race, religion, sexual orientation, gender identity, intersex or HIV/AIDS status in NSW will now face up to three years in prison, under new laws that came into force in mid-August (17 August 2018). More...

A waterfront block in NSW was sold for $38k, now the deal has been referred to ICAC
The sale of government land on the New South Wales central coast waterfront for the bargain price of $38,000 has locals up in arms and prompted Greens MP David Shoebridge to refer the matter to the Independent Commission Against Corruption (17 August 2018). More...

Appointment of Australian Information Commissioner and Privacy Commissioner
Ms Angelene Falk has been appointed Australian Information Commissioner and Privacy Commissioner for a three year term effective from 16 August 2018 (17 August 2018). More...

Body of work' needed on slavery in supply chains
One in five procurement managers say their organisation hasn't taken steps on modern slavery. Experts say the Modern Slavery Act will significantly impact how governments and companies procure goods and services, so why aren't more procurement managers ready (16 August 2018). More...

LCA: Penalties for non-compliance essential to Modern Slavery Bill
The Law Council welcomed the introduction of the Bill, and proposed inclusion of a modern slavery reporting requirement for corporations and other entities, but remains concerned the threshold for attracting the reporting requirements is set too high at $100 million and should be revised to $60 million. The lack of penalties in the legislation for non-compliance with the reporting requirements means there is little incentive for entities to report (09 August 2018). More...

Eminent Jurist to Lead Digital Assets Review
NSW Attorney General Mark Speakman announced retired Federal Court judge Hon Dr Annabelle Bennett AO SC will lead a review of laws about access to people's social media accounts and other digital assets after they die or become incapacitated. Note: An options paper seeking stakeholder submissions will be published later this month (08 August 2018). More...

In practice and courts

NSW Justice: Task Force – Terms of Reference
The Task Force is established with the objective of assessing the circumstances and CSNSW's subsequent investigation and management of a number of inappropriate relationships between CSNSW staff and offenders. The confidential email address is: TaskForce@justice.nsw.gov.au and remain open for 13 weeks (End September 2018). More...

NSW Justice: 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 closed on 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. Submissions close 6 October 2017. More...

ICAC: Operation Skyline public inquiry
The Operation Skyline public inquiry into allegations concerning the Awabakal Local Aboriginal Land Council is adjourned until Monday, 17 September 2018 (17 August 2018). More...

ICAC: Operation Dasha public inquiry
The Operation Dasha public inquiry into allegations concerning the former Canterbury City Council is currently adjourned (17 August 2018). More...

ICAC: Prosecution briefs with the DPP and outcomes
Tables summarising information about briefs that are with the DPP, and prosecution outcomes. Last updated 14 August 2018. More...

Published – articles, papers, reports

The future of email archives
Task Force on Technical Approaches for Email Archives
Council on Library and Information Resources: 10 August 2018
This report articulates a conceptual and technical framework in which current efforts to preserve email can operate not as competing solutions, but as elements of an interoperable toolkit, and identifies missing elements and areas for additional community growth.

Improving the recognition of foreign judgments: Model law on the recognition and enforcement of Foreign Judgments
Commonwealth Secretariat, (2017) 43(3-4) Commonwealth Law Bulletin 545
This paper describes the background to the Commonwealth Model Recognition and Enforcement of Foreign Judgments Bill, including the relationship with Hague Convention on Choice of Court Agreements, and the present resumed Hague Conference work on a possible Convention on the recognition and enforcement of foreign judgments. The paper highlights the differences between these different initiatives and the relative advantages of the draft Commonwealth Model Bill.

Cases

O'Hare v Department of Fair Trading [2018] NSWCATOD 134
Administrative law – administrative review – application to review a decision not to take action against a real estate agent following a complaint from the public under the Property, Stock and Business Agents Act 2002 – administrative review sought by member of the public – no jurisdiction in Administrative and Equal Opportunity Division to determine application – applicant with standing.

Whitaker v Illawarra Shoalhaven Local Health District [2018] NSWCATAD 183
ADMINISTRATIVE REVIEW – Government Information (Pubic Access) - consideration of impact of personal circumstances on access applicant – consideration of whether information provided to a workers compensation investigation conducted by an external investigator appointed by an external insurer was confidential information provided in accordance with the Agency's Managing Misconduct Policy – information provided to workers compensation investigation when it was on the cards that information would have to be disclosed to worker in future – information not confidential information prepared for misconduct investigation – consideration of whether release would reveal an individual's personal information – consideration of whether release would expose a person to a risk of harm or of serious harassment or serious intimidation – no evidence of risk – consideration of competing public interest.

Lipscombe v Blue Mountains City Council [2018] NSWCATAD 182
ADMINISTRATIVE LAW – Government Information (Public Access) Act – legal professional privilege – whether privilege waived – sufficiency of evidence to establish weight to apply significantly to factors against disclosure.

CJU v NSW Ministry of Health [2018] NSWCATAD 181
ADMINISTRATIVE REVIEW – privacy – review of conduct of a public sector agency – whether conduct of the agency was a breach of the disclosure information protection principle in the Privacy and Personal Information Protection Act 1998 - disclosure of personal information.

DLT v Justice Health and Forensic Mental Health Network [2018] NSWCATAD 180
ADMINISTRATIVE LAW – privacy – health information – personal information - summary dismissal – whether conduct has been identified – evidence - application lacking in substance.

Levick v Building Professionals Board [2018] NSWCATOD 125
ADMINISTRATIVE REVIEW – accredited certifier – finding of unsatisfactory professional conduct – conduct not sufficiently serious to amount to professional misconduct – appropriate penalty.

Fraud Detection and Reporting Pty Ltd v Department of Justice [2018] NSWCATAP 191
GIPA application-excluded information-held no entitlement to information Recording of Tribunal proceedings – application by party-held no valid reason for exercise of discretion Non-publication order-representative of party has made threats and engaged in inappropriate conduct-use of social media-held non-publication order justified.

Dezfouli v Justice Health and Forensic Mental Health Network (No 9) [2018] NSWCATAD 170
ANTI-DISCRIMINATION – Where complaint of sexual harassment declined by President of Anti-Discrimination Board as lacking in substance – Application for leave to proceed with complaint -- Whether fair or just to grant leave.
NON-PUBLICATION ORDER – Principle of open justice – Whether desirable to make order prohibiting publication of name of individual against whom applicant's complaints had been made.

CJU v SafeWork NSW [2018] NSWCATAD 171
Privacy - bias The applicant's complaint is that Mr Covi of the respondent had breached her privacy and confidentiality without her consent in October 2016 by the release of information to the NSW Crown Solicitor's Office (CSO) in response to an enquiry in connection with a related dispute about a breach of the applicant's privacy with the NSW Health Service (NSW Health).

Manning v Bathurst Regional Council [2018] NSWCATAD 176
ADMINISTRATIVE LAW – government information – fees and charges - where agency required the payment of an advance deposit – how deposit should be calculated - whether financial hardship can be considered in estimating the processing charges – whether advance deposit should be set aside.

Walker v NSW Department of Premier and Cabinet [2018] NSWCATAD 178
ADMINISTRATIVE LAW – public access to government information – access to Cabinet information – reasonable grounds for claim that information is Cabinet information –waiver – meaning of 'report' - reasonableness of searches - the Applicant requested access to the following information: "Report by Consultancy KPMG - Analysis and Modelling on Council Mergers".

Lavender v Director of Fisheries Compliance, Department of Industry Skills and Regional Development [2018] NSWCA 174
CONSTITUTIONAL LAW – legislation and legislative powers – extraterritorial operation of legislation – whether the Fisheries Management Act 1994 (NSW) and Fisheries Management (Abalone Share Management Plan) Regulation 2000 (NSW) invalid.
CONSTITUTIONAL LAW – operation and effect of the Commonwealth Constitution – inconsistency of laws (Constitution, s 109) – whether Fisheries Management Act 1994 (NSW) and Fisheries Management (Abalone Share Management Plan) Regulation 2000 (NSW) inconsistent with Commonwealth legislation.
CONSTITUTIONAL LAW - operation and effect of the Commonwealth Constitution – alteration of limits of States (Constitution, s 123) – whether Fisheries Management (Abalone Share Management Plan) Regulation 2000 (NSW) alters the limits of New South Wales.

Legislation

Proclamations commencing Acts
Companion Animals and Other Legislation Amendment Act 2018 No 27 (2018-438) — published LW 17 August 2018

Regulations and other miscellaneous instruments
Child Protection (Offenders Registration) Amendment (Restructuring of NSW Police Force) Regulation 2018 (2018-439) — published LW 17 August 2018

Young Offenders Amendment (Restructuring of NSW Police Force) Regulation 2018 (2018-450) — published LW 17 August 2018

Bills introduced Government
Criminal Procedure Amendment (Pre-trial Disclosure) Bill 2018
RSL NSW Bill 2018

Bills passed by both Houses of Parliament
Unexplained Wealth (Commonwealth Powers) Bill 2018

Proclamations commencing Acts
Crimes Amendment (Publicly Threatening and Inciting Violence) Act 2018 No 32 (2018-422) — published LW 10 August 2018 - The legislation creates a new offence in the Crimes Act of publicly threatening or inciting violence against people on the grounds of race, religious affiliation, sexual orientation, gender identity, intersex or HIV/AIDS status.

Regulations and other miscellaneous instruments
Local Government (Regional Joint Organisations) Further Amendment Proclamation 2018 (2018-426) — published LW 10 August 2018
Subordinate Legislation (Postponement of Repeal) Order 2018 (2018-428) — published LW 10 August 2018

Bills introduced Government
Road Transport Legislation Amendment (Penalties and Other Sanctions) Bill 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.

To print this article, all you need is to be registered on Mondaq.com.

Click to Login as an existing user or Register so you can print this article.

Authors
Christine Jones
Michael Selinger
Lyn Nicholson
Peter Holt
Scott Alden
Similar Articles
Relevancy Powered by MondaqAI
Holding Redlich
Holding Redlich
Holding Redlich
 
Some comments from our readers…
“The articles are extremely timely and highly applicable”
“I often find critical information not available elsewhere”
“As in-house counsel, Mondaq’s service is of great value”

Related Topics
 
Similar Articles
Relevancy Powered by MondaqAI
Holding Redlich
Holding Redlich
Holding Redlich
Related Articles
 
Up-coming Events Search
Tools
Print
Font Size:
Translation
Channels
Mondaq on Twitter
 
Register for Access and our Free Biweekly Alert for
This service is completely free. Access 250,000 archived articles from 100+ countries and get a personalised email twice a week covering developments (and yes, our lawyers like to think you’ve read our Disclaimer).
 
Email Address
Company Name
Password
Confirm Password
Position
Mondaq Topics -- Select your Interests
 Accounting
 Anti-trust
 Commercial
 Compliance
 Consumer
 Criminal
 Employment
 Energy
 Environment
 Family
 Finance
 Government
 Healthcare
 Immigration
 Insolvency
 Insurance
 International
 IP
 Law Performance
 Law Practice
 Litigation
 Media & IT
 Privacy
 Real Estate
 Strategy
 Tax
 Technology
 Transport
 Wealth Mgt
Regions
Africa
Asia
Asia Pacific
Australasia
Canada
Caribbean
Europe
European Union
Latin America
Middle East
U.K.
United States
Worldwide Updates
Registration (you must scroll down to set your data preferences)

Mondaq Ltd requires you to register and provide information that personally identifies you, including your content preferences, for three primary purposes (full details of Mondaq’s use of your personal data can be found in our Privacy and Cookies Notice):

  • To allow you to personalize the Mondaq websites you are visiting to show content ("Content") relevant to your interests.
  • To enable features such as password reminder, news alerts, email a colleague, and linking from Mondaq (and its affiliate sites) to your website.
  • To produce demographic feedback for our content providers ("Contributors") who contribute Content for free for your use.

Mondaq hopes that our registered users will support us in maintaining our free to view business model by consenting to our use of your personal data as described below.

Mondaq has a "free to view" business model. Our services are paid for by Contributors in exchange for Mondaq providing them with access to information about who accesses their content. Once personal data is transferred to our Contributors they become a data controller of this personal data. They use it to measure the response that their articles are receiving, as a form of market research. They may also use it to provide Mondaq users with information about their products and services.

Details of each Contributor to which your personal data will be transferred is clearly stated within the Content that you access. For full details of how this Contributor will use your personal data, you should review the Contributor’s own Privacy Notice.

Please indicate your preference below:

Yes, I am happy to support Mondaq in maintaining its free to view business model by agreeing to allow Mondaq to share my personal data with Contributors whose Content I access
No, I do not want Mondaq to share my personal data with Contributors

Also please let us know whether you are happy to receive communications promoting products and services offered by Mondaq:

Yes, I am happy to received promotional communications from Mondaq
No, please do not send me promotional communications from Mondaq
Terms & Conditions

Mondaq.com (the Website) is owned and managed by Mondaq Ltd (Mondaq). Mondaq grants you a non-exclusive, revocable licence to access the Website and associated services, such as the Mondaq News Alerts (Services), subject to and in consideration of your compliance with the following terms and conditions of use (Terms). Your use of the Website and/or Services constitutes your agreement to the Terms. Mondaq may terminate your use of the Website and Services if you are in breach of these Terms or if Mondaq decides to terminate the licence granted hereunder for any reason whatsoever.

Use of www.mondaq.com

To Use Mondaq.com you must be: eighteen (18) years old or over; legally capable of entering into binding contracts; and not in any way prohibited by the applicable law to enter into these Terms in the jurisdiction which you are currently located.

You may use the Website as an unregistered user, however, you are required to register as a user if you wish to read the full text of the Content or to receive the Services.

You may not modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, link, display, or in any way exploit any of the Content, in whole or in part, except as expressly permitted in these Terms or with the prior written consent of Mondaq. You may not use electronic or other means to extract details or information from the Content. Nor shall you extract information about users or Contributors in order to offer them any services or products.

In your use of the Website and/or Services you shall: comply with all applicable laws, regulations, directives and legislations which apply to your Use of the Website and/or Services in whatever country you are physically located including without limitation any and all consumer law, export control laws and regulations; provide to us true, correct and accurate information and promptly inform us in the event that any information that you have provided to us changes or becomes inaccurate; notify Mondaq immediately of any circumstances where you have reason to believe that any Intellectual Property Rights or any other rights of any third party may have been infringed; co-operate with reasonable security or other checks or requests for information made by Mondaq from time to time; and at all times be fully liable for the breach of any of these Terms by a third party using your login details to access the Website and/or Services

however, you shall not: do anything likely to impair, interfere with or damage or cause harm or distress to any persons, or the network; do anything that will infringe any Intellectual Property Rights or other rights of Mondaq or any third party; or use the Website, Services and/or Content otherwise than in accordance with these Terms; use any trade marks or service marks of Mondaq or the Contributors, or do anything which may be seen to take unfair advantage of the reputation and goodwill of Mondaq or the Contributors, or the Website, Services and/or Content.

Mondaq reserves the right, in its sole discretion, to take any action that it deems necessary and appropriate in the event it considers that there is a breach or threatened breach of the Terms.

Mondaq’s Rights and Obligations

Unless otherwise expressly set out to the contrary, nothing in these Terms shall serve to transfer from Mondaq to you, any Intellectual Property Rights owned by and/or licensed to Mondaq and all rights, title and interest in and to such Intellectual Property Rights will remain exclusively with Mondaq and/or its licensors.

Mondaq shall use its reasonable endeavours to make the Website and Services available to you at all times, but we cannot guarantee an uninterrupted and fault free service.

Mondaq reserves the right to make changes to the services and/or the Website or part thereof, from time to time, and we may add, remove, modify and/or vary any elements of features and functionalities of the Website or the services.

Mondaq also reserves the right from time to time to monitor your Use of the Website and/or services.

Disclaimer

The Content is general information only. It is not intended to constitute legal advice or seek to be the complete and comprehensive statement of the law, nor is it intended to address your specific requirements or provide advice on which reliance should be placed. Mondaq and/or its Contributors and other suppliers make no representations about the suitability of the information contained in the Content for any purpose. All Content provided "as is" without warranty of any kind. Mondaq and/or its Contributors and other suppliers hereby exclude and disclaim all representations, warranties or guarantees with regard to the Content, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement. To the maximum extent permitted by law, Mondaq expressly excludes all representations, warranties, obligations, and liabilities arising out of or in connection with all Content. In no event shall Mondaq and/or its respective suppliers be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use of the Content or performance of Mondaq’s Services.

General

Mondaq may alter or amend these Terms by amending them on the Website. By continuing to Use the Services and/or the Website after such amendment, you will be deemed to have accepted any amendment to these Terms.

These Terms shall be governed by and construed in accordance with the laws of England and Wales and you irrevocably submit to the exclusive jurisdiction of the courts of England and Wales to settle any dispute which may arise out of or in connection with these Terms. If you live outside the United Kingdom, English law shall apply only to the extent that English law shall not deprive you of any legal protection accorded in accordance with the law of the place where you are habitually resident ("Local Law"). In the event English law deprives you of any legal protection which is accorded to you under Local Law, then these terms shall be governed by Local Law and any dispute or claim arising out of or in connection with these Terms shall be subject to the non-exclusive jurisdiction of the courts where you are habitually resident.

You may print and keep a copy of these Terms, which form the entire agreement between you and Mondaq and supersede any other communications or advertising in respect of the Service and/or the Website.

No delay in exercising or non-exercise by you and/or Mondaq of any of its rights under or in connection with these Terms shall operate as a waiver or release of each of your or Mondaq’s right. Rather, any such waiver or release must be specifically granted in writing signed by the party granting it.

If any part of these Terms is held unenforceable, that part shall be enforced to the maximum extent permissible so as to give effect to the intent of the parties, and the Terms shall continue in full force and effect.

Mondaq shall not incur any liability to you on account of any loss or damage resulting from any delay or failure to perform all or any part of these Terms if such delay or failure is caused, in whole or in part, by events, occurrences, or causes beyond the control of Mondaq. Such events, occurrences or causes will include, without limitation, acts of God, strikes, lockouts, server and network failure, riots, acts of war, earthquakes, fire and explosions.

By clicking Register you state you have read and agree to our Terms and Conditions