Australia: NSW Government Bulletin - 5 September 2018: Part 2

Last Updated: 8 September 2018
Article by Christine Jones
Most Read Contributor in Australia, September 2018

In the media

Most domestic violence offenders do not specialise in domestic violence
Domestic violence (DV) offenders commit almost 2.5 times as many non-DV offences as DV offences a new study by the NSW Bureau of Crime Statistics and Research (BOCSAR) has found. The study examined all 100,668 offenders convicted of a DV offence in a NSW court between 2008 and 2017 (30 August 2018). More... More...

Land and Environment Court says Colo property illegally cleared by fringe Islamic group
Two men who claimed their Islamic-influenced group was not subject to Australian law because it was a "basic religious charity" have been found to have illegally cleared a rural property north-west of Sydney by the NSW Land and Environment court (27 August 2018). More...

Law Council launches landmark Justice Project Final report
The Law Council has officially launched the Justice Project's Final Report with a call for the urgent implementation of Justice Impact Tests among the 59 recommendations (24 August 2018). More... More...

Push for UK-style 'justice impact test' to improve policy-making
Law and order policies that place the courts under strain and other proposals affecting the justice system would be subjected to a UK-style "justice impact test" before they could be implemented by Australian governments, under a plan backed by former High Court chief justice Robert French (23 August 2018). More...

Rushed court merger bills would short-change justice system
A deeply concerned Law Council of Australia has urged the government to not short-change the country's justice system by rushing the pending court merger bills (28 August 2018). More...

Don't short-change Australia's justice system by rushing through court merger bills
The Law Council is deeply concerned by the truncated three-week timeframe for the public to scrutinise the recently introduced court merger bills, which signify the biggest changes to Australia's justice system in decades (27 August 2018). More...

Legislation to reform Federal Courts introduced into Parliament
The Attorney-General said new legislation would bring together the Family Court of Australia and the Federal Circuit Court of Australia into one structure to be known as the Federal Circuit and Family Court of Australia (FCFC), which will operate from 1 January 2019 (23 August 2018). More...

Lax security culture in hospitals could affect My Health Record privacy, insiders fear
A national digital health records database, the program promises to provide clinical benefits by making it easier for patients to share more health data with more medical practitioners than ever before. Now insiders say My Health Record is also vulnerable to privacy breaches due to a tradition of shared logins and open computers within some healthcare organisations (22 August 2018). More...

Faith in Australian governments falls amid corruption concerns
Trust and confidence in all levels of Australian government is continuing to slide as calls intensify for the establishment of a national anti-corruption agency (20 August 2018). More...

In practice and courts

High Court Bulletin
High Court of Australia Bulletin [2018] HCAB 06 (23 August 2018)

ICAC: guidelines to help public sector agencies manage corruption risks in direct negotiations
ICAC releases guidelines to help public sector agencies manage corruption risks in direct negotiations. The ICAC has released guidelines to help NSW public sector agencies involved in direct negotiations with external parties to manage corruption risks, but recommends they avoid the practice if possible due to the high level of those risks (23 August 2018). More...

ICAC: Prosecution briefs with the DPP and outcomes
Tables summarising information about briefs that are with the DPP, and prosecution outcomes. More...

ICAC: Operation Dasha public inquiry
The Operation Dasha public inquiry into allegations concerning the former Canterbury City Council will next sit for two weeks from Monday 8 October 2018 (20 August 2018). More...

JUDCOM: Local Court Bench Book — Preliminaries
Update 127, August 2018 - Specific penalties and orders
The penalties and commentary in all Acts and Regulations have been revised and updated. More...

New Court Appointments
22 August 2018 - Justice Brereton to Join the Court of Appeal

New Sentencing legislation commences 24 September 2018
On 24 September, the Crimes (Sentencing Procedure) Amendment (Sentencing Options) Act 2017 commences. Material about the reforms can also be found on the Public Defenders website.

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 remains until the end of September 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 2018. More...

Published - articles, papers, reports

Operational Efficiency of the Australian Commission for Law Enforcement Integrity
ANAO: 28 August 2018
The objective of this audit was to examine the efficiency of the Australian Commission for Law Enforcement Integrity (ACLEI) in detecting, investigating and preventing corrupt conduct.

Rising inequality? A stocktake of the evidence: Commission research paper
This research paper was released on 28 August 2018 and its purpose is to contribute to an informed discussion in Australia by bringing together and taking stock of the latest and most complete evidence measuring the prevalence of, and trends in, inequality, economic mobility and disadvantage across Australian society.

Justice Project's Final Report
Law Council of Australia: 24 August 2018
Focusing on 13 priority groups identified as facing significant social and economic disadvantage, today's final report shines a light on justice issues for these groups by uncovering systemic flaws and identifying service gaps. It also highlights what is working well and why.

The forgotten victims: prisoner experience of victimisation and engagement with the criminal justice system - key findings and future directions
Australia's National Research Organisation for Women's Safety: 22 August 2018
This research focuses on women in prison who have concerns about their personal safety post-release. The aim of this research is to understand the factors that influence these women to seek help, and how this might inform service responses.

Cases

Carlon v Roads and Maritime Services [2018] NSWCATOD 140
ADMINISTRATIVE LAW - merits review – bus service operator – accreditation – safety critical components – public passenger vehicle maintenance plan - manufacturer standards – maintenance and repair.

Mawbey v Commissioner for Fair Trading [2018] NSWCATOD 141
ADMINSITRATIVE REVIEW – Home Building – disciplinary action – whether electrician effected reverse polarity – whether guilty of improper conduct – whether fit and proper person – penalty to be imposed.

Jones v Commissioner for Fair Trading, Department of Finance, Services and Innovation [2018] NSWCATOD 142
ADMINISTRATIVE LAW – Administrative Review - Home Building Act 1989 – application for contractor licence endorsed to be equivalent to a supervisor certificate – application of Instrument issued by the respondent Commissioner – whether the Tribunal is satisfied the applicant has the necessary breadth of experience – need for third party verification of experience.

Transport for NSW v Waters [2018] NSWCATAP 200
ADMINISTRATIVE LAW – access to government information – where appellant alleged that respondent had collected his travel data via a Gold Opal Card for an unlawful purpose –whether Tribunal had erred in failing to respond to a substantial argument articulated by the respondent – whether the Tribunal had erred in asking itself the wrong question.

Kristoffersen v Department of Industry [2018] NSWCATAD 190
ADMINISTRATIVE LAW – whether Tribunal has jurisdiction to review decision that applicant cannot purchase roads that do not adjoin his property.

Magerovski v Commissioner for Fair Trading, Department of Finance, Services and Innovation; Service Today NSW v Commissioner for Fair Trading, Department of Finance, Services and Innovation [2018] NSWCATAD 192
ADMINISTRATIVE REVIEW – Home Building – Disciplinary action – improper conduct – knowledge - fit and proper person – grounds for refusal – penalty.

Golden International Trading Pty Ltd v Independent Pricing and Regulatory Tribunal [2018] NSWCATAD 189
ADMINISTRATIVE LAW – merits review – failure to conduct audit as required – cancellation of accreditation – appropriate sanction.

DNM v NSW Ombudsman [2018] NSWCATAD 186
Administrative Law – administrative review - Government Information (Public Access) – whether information relating to the monitoring and reporting function of the Ombudsman under s 6B(1)(e) of the Public Interest Disclosures Act is excluded information under the Government Information (Public Access) Act 2009 – consequence of access application seeking excluded information – access application invalid

Mahony v Dental Council of NSW [2018] NSWCATOD 146
STATUTORY INTERPRETATION — meaning of "Committee" in ss158, 158A of Health Practitioner Regulation National Law.
TRIBUNALS – whether a health practitioner can appeal to NCAT from a decision of an Assessment Committee.

Tanyous v Secretary, Department of Education [2018] NSWCATAD 197
ADMINISTRATIVE REVIEW – Education and Care Services National Law – Provider Approval – Fitness and propriety of individual to be involved in the provision of an education and care service - Where respondent decided to refuse to grant provider approval on basis of lack of fitness –– Knowledge relevant to fitness - Correct and preferable decision.
UNLAWFULLY OR IMPROPERLY OBTAINED EVIDENCE – Where respondent had a policy of requiring applicants for provider approval and relevant individuals to undergo an assessment prior to processing application – Where respondent decided that applicant was not a fit and proper person to be involved in the provision of an education and care service – Where decision was made on basis of assessment results showing lack of knowledge of National Law – Whether respondent's requirement that individuals undergo an assessment is lawful – Whether evidence concerning assessment lawfully obtained - Exercise of discretion as to whether to exclude evidence.
COSTS – Where respondent late in filing and serving material - Whether special circumstances warranted an award of costs.

Anderson v University of Sydney [2018] NSWCATAD 196
ADMINISTRATIVE LAW – Government Information (Public Access) Act – legal professional privilege – sufficiency of evidence to establish factors against disclosure - weight to apply significantly to factors against disclosure – personal factors of application in favour of disclosure of information.

Taylor v Office of Destination NSW [2018] NSWCATAD 195
ADMINISTRATIVE LAW – Government Information (Public Access) Act 2009 – Access to information – refusal of access – correct application of public interest test – discharge of onus – confidential information - consultation – aggrieved persons – public interest considerations in favour of disclosure – public interest considerations against disclosure – weight - balancing exercise - correct and preferable decision.

El Masri v Safework NSW [2018] NSWCATAD 194
ADMINISTRATIVE LAW – restrictive demolition licence – appropriate experience – practical training.

Legislation

New South Wales

Proclamations commencing Acts
Criminal Legislation Amendment (Child Sexual Abuse) Act 2018 No 33 (2018-490) — published LW 31 August 2018
Casino Control Amendment Act 2018 No 8 (2018-461) — published LW 24 August 2018

Regulations and other miscellaneous instruments
Electoral Funding Amendment (By-Election Funding) Regulation 2018 (2018-489) — published LW 29 August 2018
Casino Control Amendment Regulation 2018 (2018-465) — published LW 24 August 2018
Child Protection (Offenders Prohibition Orders) Regulation 2018 (2018-466) — published LW 24 August 2018
Liquor Regulation 2018 (2018-473) — published LW 24 August 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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