Australia: NSW Government Bulletin - 18 September 2018: Part 2

Last Updated: 20 September 2018
Article by Christine Jones
Most Read Contributor in Australia, September 2018

In the media

New laws to tackle outlaw bikie gangs
New laws will make it easier for NSW Police to tackle organised crime during raids on outlaw motorcycle gang clubhouses, The NSW Government announced today. The reforms, which will help police identify suspects, gather evidence and seize dangerous firearms and weapons, and give Police greater clarity about their powers and responsibilities (10 September 2018). More...

Proactive policing keeps NSW crime rates low
The NSW Government has praised the crime-fighting efforts of the NSW Police Force following the latest Bureau of Crime Statistics and Research (BOCSAR) quarterly update, which shows that 16 of the 17 major crime categories were stable or falling in the 24 months to June 2018 (05 September 2018). More...

New laws to protect domestic violence victims
Domestic violence victims will have greater protection in NSW with the introduction of tougher strangulation laws and longer Apprehended Domestic Violence Orders (ADVOs) (04 September 2018). More...

In practice and courts

ABA: Draft rule change of Legal Profession Uniform Conduct (Barristers) Rules 2015
The Legal Services Council agreed with the ABA's proposal to further amend r 101(n) of Legal Profession Uniform Conduct (Barristers) Rules 2015 to ensure that the preclusion rule does not operate retrospectively. The Council has also authorised to approve the ABA to conduct public consultation on draft rule 101A of the Barristers Conduct Rules under s427(5)(b) of the Uniform Law. (13 September 2018). More...

ICAC: Operation Skyline public inquiry witness list
Witness list for the Operation Skyline public inquiry into allegations concerning the Awabakal Local Aboriginal Land Council, week beginning Monday 17 September 2018. Please note that this list is subject to change. More...

ICAC: Prosecution briefs with the DPP and outcomes
Tables summarising information about briefs that are with the DPP, and prosecution outcomes. Last updated 7 September 2018. 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. More...

NCAT Legal Bulletin Issue 5 of 2018
The NCAT Legal Bulletin provides a summary of relevant and interesting case law of significance to the work of the NSW Civil and Administrative Tribunal. See the September Issue here...

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 here...

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...

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

Imprisonment and recidivism: issues paper
Queensland Productivity Commission: 13 September 2018
The Queensland government has asked the Commission to undertake an inquiry to determine how government resources and policies may be best used to reduce imprisonment and recidivism to improve outcomes for the community. More...

Everyone's business: fourth national survey on sexual harassment in Australian workplaces
Australian Human Rights Commission: 12 September 2018
The Australian public has rightly demanded to know more about the pervasiveness and impact of workplace sexual harassment and to see concerted action taken to prevent this behaviour from occurring. Government and employers need reliable data to inform their actions and responses to workplace sexual harassment. More...

Crime and law enforcement: a quick guide to key internet links
Parliament of Australia: 12 September 2018
This Quick Guide provides key internet links to websites with information on crime and law enforcement arrangements and issues. More...

Submission to the Department of Home Affairs on the Exposure Draft of the Telecommunications and Other Legislation Amendment (Assistance and Access) Bill 2018
Adam Molnar, Lizzie O'Shea, Monique Mann, Angus Murray, Peter Tonoli, Bruno Watt, Suelette Dreyfus
Digital Rights Watch: 10 September 2018
Digital Rights Watch collaborated with Australian Privacy Foundation, Electronic Frontiers Australia, Future Wise, The Queensland Council for Civil Liberties, The New South Wales Council for Civil Liberties, Access Now and Blueprint for Free Speech to produce this joint submission. More...

A statistical snapshot of crime and justice in New South Wales
Tom Gotsis, Matthew Dobson
New South Wales Parliamentary Research Service: 07 September 2018
This paper collates recent statistical information on crime rates, victims, offenders, policing, juvenile justice, criminal courts and corrections in New South Wales. It is designed to provide an evidence base to inform public discussion and policy development. More...

Draft Charter of Aged Care Rights: consultation paper
Department of Health (Australia): 05 September 2018
This consultation paper outlines the basis for developing a single Charter of Aged Care Rights and how the draft charter has been developed to date. As noted in the paper, the draft charter is aimed at stimulating feedback from this consultation. More...

Cases

McEwan v Port Stephens Council [2018] NSWCATAP 211
APPEAL – ADMINISTRATIVE LAW – access to objections to development application – balancing of interests for and against disclosure where information sought is open access information – public interest considerations against disclosure – application of appeal right where part of reasons not disclosed to appellant – adequacy of reasons – need to address material evidence against existence of factor relied upon to refuse disclosure. More...

Infrastructure NSW & Department of The Premier and Cabinet v Mookhey [2018] NSWCATAP 213
Appeal – Administrative Law – Access to government information – Cabinet information – no reasonable grounds for claim that Cabinet information – procedural fairness – whether agency should have opportunity to rely on alternative grounds to refuse access. More...

Broadribb v Medical Council of New South Wales [2018] NSWCATAD 213
ADMINISTRATIVE LAW – government information – conclusive presumption of an overriding public interest against disclosure – information relating to or obtained in exercise of functions of Health Care Complaints Commission. More...

DNP v NSW Trustee and Guardian [2018] NSWCATAD 212
ADMINISTRATIVE LAW – merits review – where NSW Trustee and Guardian decided to approve the sale of property owned jointly by a person who is the subject of a financial management order and one of her sons – where son disagreed with the decision to sell the property – where paramount consideration is the welfare and interests of the person subject to the financial management order – correct and preferable decision. More...

Roads and Maritime Services v Desane Properties Pty Ltd [2018] NSWCA 196
PUBLIC LAW – compulsory acquisition of property – issue of proposed acquisition notice – whether proposed acquisition notice complied with legislative requirements – Land Acquisition (Just Terms Compensation) Act 1991 (NSW) – whether compliance with procedural requirements an essential pre-condition to the validity of acquisition – whether proposed acquisition notice was non-compliant with form approved by Minister – whether substantial compliance with approved form was sufficient – Interpretation Act 1987 (NSW), s 80(1) – whether approved form was consistent with empowering Act – whether Act required proposed acquisition notice to state the public purpose of acquisition. PUBLIC LAW – compulsory acquisition of property – whether land was sought to be acquired for an improper purpose – Roads Act 1993 (NSW), s 177(1) – whether purpose assessed at time of acquisition or time of notice. STATUTORY INTERPRETATION – Land Acquisition (Just Terms Compensation) Act 1991 (NSW), ss 11, 15, 33, 39, 69. CIVIL PROCEDURE – court of appeal – cross-appeals – whether to grant injunction restraining issue of proposed acquisition notice in circumstances where notice not invalid. More...

Legislation

NSW

Proclamations commencing Acts
Rural Crime Legislation Amendment Act 2017 No 62 (2018-529) — published LW 14 September 2018

Regulations and other miscellaneous instruments
Law Enforcement (Powers and Responsibilities) Amendment (Stock Mustering Orders) Regulation 2018 (2018-530) — published LW 14 September 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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Christine Jones
 
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