Australia: NSW Government Bulletin - 3 October 2018: Part 2

Last Updated: 5 October 2018
Article by Christine Jones
Most Read Contributor in Australia, September 2018

In the media

Legal barriers dismantled for child sex survivors in New South Wales
New civil litigation laws have been introduced into Parliament paving the way for thousands of survivors to sue institutions responsible for child abuse. Limitation periods have already been removed for claims relating to death or personal injury because of child abuse, including against a perpetrator or negligent institution (26 September 2018). More...

You have a right to know
The Department of Justice has joined with the Information and Privacy Commission of NSW as an official champion during 'Right to Know Week'. All NSW citizens have a legally enforceable right to access most information held by NSW government and agencies. The right to access government-held information is protected by the Government Information (Public Access) Act 2009 (25 September 2018). More...

Historic criminal justice reforms delivered
The final piece of the NSW Government's 'tough and smart' Criminal Justice Reform Package has come into force, with new sentencing laws to improve community safety by driving down reoffending (23 September 2018). More...

ICAC finds former NGO principal officer corrupt
The ICAC has found that that Eman Sharobeem, the former principal officer of two non-government organisations (NGOs) established to assist immigrant women's health and non-English speaking women's housing needs, engaged in serious corrupt conduct by misapplying up to $773,000 in public funds to benefit herself and members of her family (19 September 2018). More...

In practice and courts

High Court of Australia
High Court of Australia Bulletin [2018] HCAB 07 (24 September 2018).

Review of national arrangements for the protection and management of identity information
The Review will consider ways to enhance or strengthen arrangements for the protection, use and management of identity information in Australia. Public submissions will be received until 26 October. The review is to report by the end of November. More...

Law Council of Australia Submissions
24 September 2018— Law Council
My Health Records Amendment (Strengthening Privacy) Bill 2018

27 September 2018—Law Council
Fair Work Amendment (Family and Domestic Violence Leave) Bill 2018

Recommended national standards for working with interpreters
The Judicial Council on Cultural Diversity has released Recommended National Standards for Working with Interpreters in Courts and Tribunals. The standards have been developed over a number of years and are an important advocacy tool for representing people from culturally or linguistically diverse backgrounds. More...

Attorney-General Reviews
In 2018, separate and concurrent reviews will be undertaken of the National Partnership Agreement on Legal Assistance Services 2015-2020 (NPA) and the Indigenous Legal Assistance Program (ILAP). The reviews will assess the effectiveness, efficiency and appropriateness of the NPA and the ILAP as mechanisms for achieving their respective objectives and outcomes within available resources, and identify best practice and opportunities for improvement. Submissions for the reviews close on 5 October 2018. More...

ICAC: Operation Skyline public inquiry adjourned to 19 November 2018
The Operation Skyline public inquiry into allegations concerning the Awabakal Local Aboriginal Land Council is adjournded until Monday 19 November 2018 (21 September 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 28 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 8 October 2018. More...

JUDCOM Sentencing Bench Book: Update 42, September 2018
Available sentencing options have significantly changed following the commencement of the Crimes (Sentencing Procedure) Amendment (Sentencing Options) Act 2017 on 24 September 2018. As a result, there has been a major revision of the sections of the Sentencing Bench Book dealing with community-based sentencing options. More...

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. More...

Strengthening child sexual abuse laws in New South Wales
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

Who reports domestic violence to police? A review of the evidence
Australian Institute of Criminology: 25 September 2018
This analysis found that victims who are female, non-white, experiencing frequent violence and who have been abused in the past are more likely to report.

Australia's second Open Government national action plan 2018-20
Department of the Prime Minister and Cabinet (Australia): 21 September 2018
This document, the second such plan devised for the nation, outlines the Australian government's aspirations for enhancing access to information, civic participation and public accountability in the digital age.

Trusted Digital Identity Framework
Digital Transformation Agency (Australia): 21 September 2018
The Trusted Digital Identity Framework (TDIF) is a set of rules and standards that accredited members of the digital identity federation must follow. It is an attempt to ensure that Australians have a safe, secure, consistent and reliable way to use government services online.


Speer v NSW State Emergency Service [2018] NSWCATAD 226
ADMINISTRATIVE REVIEW - Administrative Law – Government Information – overriding public interest against disclosure - personal information - information provided to the agency during an investigation - prejudice supply of information - prejudice exercise of agency's functions – reasonableness of searches.
Privacy and Personal Information Protection Act 1998.

CJU v Northern Sydney Local Health District [2018] NSWCATAD 223
The respondent's decision to refuse to deal with the access application is affirmed.
GOVERNMENT INFORMATION PUBLIC ACCESS - Refusal to deal with access application - substantial and unreasonable diversion of resources - application for order to restrain further access applications without leave.
Government Information Public Access Act 2009; Privacy and Personal Information Protection Act 1998.

Balnaves Foundation Pty Ltd v Minister for Planning [2018] NSWLEC 152
JUDICIAL REVIEW - Whether an extension of time within which to commence judicial review proceedings was required – applicant seeking to set aside condition of consent – extension of time to commence proceedings required – applicant was two years out of time – reason for delay was due to the applicant misguidedly seeking to resolve dispute by a Class 1 appeal – no evidence of intentional delay of use of Class 1 proceedings to circumvent time limit within which to commence judicial review proceedings – no prejudice to parties – application not opposed – public interest demonstrated – fairly arguable case – finely balanced but time extended – applicant to pay respondents' costs.

Smith v Independent Liquor and Gaming Authority [2018] NSWCATAD 224
ADMINISTRATIVE LAW – Where respondent refused application for packaged liquor licence – assessment of overall social impact of granting the licence – whether that impact will not be will not be detrimental to the well-being of the local or broader community – role of Tribunal - nature of evidence.

Webb v Port Stephens Council [2018] NSWCATAP 224
APPEAL – ADMINISTRATIVE LAW – Access to information about consultations by Council about objections to development applications – public interest considerations against disclosure – reasons in McEwan decision apply to important factor relied upon against disclosure – other decisions that Council did not hold information sought – no justification for leave to appeal such decisions.

Help Save Mt Gilead Inc v Mount Gilead Pty Ltd (No 4) [2018] NSWLEC 149
JUDICIAL REVIEW - requests for statements of reasons - document provided by Council not a statement of reasons - document provided by Department not a statement of reasons of the Minister's Delegate - documents rejected.
JUDICIAL REVIEW - allegation of defective air quality report as part of public consultation process - ground seeks impermissible factual review of report's conclusion - report's conclusion not manifestly unreasonable - Ground 2 rejected.
JUDICIAL REVIEW - failure of Council to consider report lodged concerning desirable curtilage of items listed as local heritage items in LEP - holding out that report would be considered - circumstances of holding out limited - circumstances not satisfied - unnecessary to consider if power to waive requirement for timings of lodgement of submissions - community consultation process did not fail as a consequence of non-consideration of report - Ground 3 rejected.
COSTS - multiple respondents - potential for public interest challenge argument available to Applicant - costs reserved.

Place v Department of Finance, Services and Innovation (No 2) [2018] NSWCATAD 220
ADMINISTRATIVE LAW – Government information – response to a complaint – prejudice to legitimate business interests – prejudice supply of confidential information – prejudice effective exercise of agency's functions – prejudice the detection or investigation of a possible contravention of the law – personal factors – motive.


Proclamations commencing Acts
Crimes (Sentencing Procedure) Amendment (Sentencing Options) Act 2017 No 53 (2018-534) — published LW 21 September 2018
Statute Law (Miscellaneous Provisions) Act 2018 No 25 (2018-535) — published LW 21 September 2018

Regulations and other miscellaneous instruments
Civil Liability (Non-economic Loss) Amendment Order 2018 (2018-557) — published LW 28 September 2018
National Redress Scheme for Institutional Child Sexual Abuse (Commonwealth Powers) Regulation 2018 (2018-559) — published LW 28 September 2018
Crimes (Administration of Sentences) Amendment (Community-based Orders and Other Matters) Regulation 2018 (2018-536) — published LW 21 September 2018
Crimes (Sentencing Procedure) Amendment (Community-based Orders and Other Matters) Regulation 2018 (2018-537) — published LW 21 September 2018
Criminal Appeal (Amendment No 1) Rule 2018 (2018-538) — published LW 21 September 2018
The amendment enables the court to extend the period of time within which a notice of appeal, or a notice of application for leave to appeal, may be filed.

Bills introduced Government - 21 September
Community Gaming Bill 2018
Criminal Legislation Amendment (Consorting and Restricted Premises) Bill 2018

Non-Government – 21 September
Crimes (Appeal and Review) Amendment (Double Jeopardy) Bill 2018

Bills passed by both Houses of Parliament – 21 September
Criminal Procedure Amendment (Pre-trial Disclosure) Bill 2018

Bills introduced Government – 28 September
Civil Liability Amendment (Organisational Child Abuse Liability) Bill 2018

Non-Government – 28 September
Workers Compensation (Firefighters' Presumptive Rights to Compensation) Bill 2018

Bills passed by both Houses of Parliament – 28 September
Criminal Legislation Amendment (Consorting and Restricted Premises) 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.

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Christine Jones
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