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: 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.


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.


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.

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

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

Christine Jones
Similar Articles
Relevancy Powered by MondaqAI
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
Related Articles
Up-coming Events Search
Font Size:
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
Confirm Password
Mondaq Topics -- Select your Interests
 Law Performance
 Law Practice
 Media & IT
 Real Estate
 Wealth Mgt
Asia Pacific
European Union
Latin America
Middle East
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 (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

To Use 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.


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.


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