Australia: NSW Government Bulletin - 17 October: Part 2

Last Updated: 22 October 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, October 2018

In the media

No blanket exception for private schools to expel kids for their sexuality exists – and nor should there be
No blanket exception to anti-discrimination laws currently exists to allow private schools to expel students on the basis of their sexual orientation or gender identity – and no such exemption should ever be introduced, according to the Law Council of Australia (12 October 2018). More...

High Court asked whether bans on protesting near abortion clinics are unconstitutional
The High Court hears laws banning anti-abortion campaigners from protesting near clinics where terminations are offered go too far, and target lawful and peaceful protests (09 October 2018). More...

Grant to help young offenders get back on track
The program will offer restorative justice circles for first time offenders referred by police, schools or youth workers to help build on the offender's positive relationships, repair harm caused by the offence and address negative behaviours (09 October 2018). More...

Telstra breaches priority assistance obligations
The ACMA has directed Telstra to commission an independent audit of compliance with its priority assistance obligations for customers with life-threatening medical conditions. Telstra must also implement a range of systems, processes and reporting to assure the future reliability and effectiveness of priority assistance (08 October 2018). More...

New Race Discrimination Commissioner
Australia's new Race Discrimination Commissioner will take up the position on Monday, 8th October 2018. Mr Chin-Leong Tan has been appointed to the position for a term of five years (05 October 2018). More...

Terms of Reference – Royal Commission into Aged Care Quality and Safety
The LCA has welcomed the Australian Government's decision to establish a Royal Commission into Aged Care Quality and Safety (the Royal Commission). The decision to consult with the community, including residents, their families and aged care providers, prior to settling the Royal Commission's detailed Terms of Reference, was also welcomed (04 October 2018). More...

Review of the Family Law System Discussion Paper released
The Australian Law Reform Commission (ALRC) today released a Discussion Paper, Review of the Family Law System (DP 86), and is calling for comments and feedback on its proposals for reform. The Terms of Reference for this Inquiry ask the ALRC to consider reform in relation to range of issues outlined here (02 October 2018). More...

Appointment to the Federal Court of Australia
Mr Michael Wheelahan QC has been appointed as a judge of the Federal Court of Australia and commenced in the Melbourne Registry from 3 October 2018 (02 October 2018). More...

In practice and courts

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
05 October 2018—Law Council
Review of the National Partnership Agreement on Legal Services

AAT Bulletins 2018
Issue No. 39/2018, 8 October 2018

ALRC: Discussion Paper
Published on 2 October 2018 - Consultation Paper
Review of the Family Law System: Discussion Paper

Reminder: Australian Digital Health Agency three month "opt-out period" for My Health Record
As announced by the Australian Digital Health Agency, every Australian will be offered a My Health Record unless they choose not to have one during the three-month opt out period which has been extended to 15 November 2018. A national communications strategy will be implemented to explain the opt-out process. During the opt out period individuals who do not want a record will be able to opt out by visiting the My Health Record website.

New South Wales

Review of the Domestic Violence Justice Strategy
The Department of Justice is seeking feedback from people who have been the victim or perpetrator of a domestic or family violence incident in the last two years. Your feedback will inform our review of the Domestic Violence Justice Strategy and will help us to improve the NSW justice system's response to domestic and family violence in the coming years. You can have your say online by 28 October 2018. More...

ICAC 2017-18 Annual Report
The ICAC 2017-18 Annual Report was furnished to Parliament and made public on 5 October 2018. More...

JUDCOM Civil Trials Bench Book
Update 37, 5 October 2018
The Preliminary chapter, Procedure generally chapter, Evidence chapter have been updated.
More...

Register now for the 12th National Investigations Symposium
Early bird registration is now open for the 12th National Investigations Symposium, to be held in Sydney November 2018. More...

Cases

'PK' and Department of the Prime Minister and Cabinet (Freedom of information) [2018] AICmr 65
Freedom of Information — Whether documents contain deliberative matter prepared for a deliberative purpose — whether contrary to the public interest to release conditionally exempt documents — whether reasonable steps taken to locate documents — Freedom of Information Act 1982 (Cth) ss 11A(5), 24A and 47C.

Quach v NSW Health Care Complaints Commission (No 5) [2018] NSWSC 1519
ADMINISTRATIVE LAW – Prohibition order sought against Crown Solicitor appearing for NSW Health Care Complaints Commission in the ACT Supreme Court – previous proceedings seeking substantially the same order dismissed as an abuse of process – these proceedings an abuse of process – no constitutional issues arising – summons dismissed with costs.

DKF v NSW Trustee & Guardian [2018] NSWCATAD 237
ADMINISTRATIVE LAW – Merits review – where NSW Trustee & Guardian decided to lease and approve repairs to the former matrimonial home of the mother (a "protected person" and subject to a financial management order) of the applicants and the second respondent – the applicants disagreed with the decision and sought to have the first respondent approve the first applicant's daughter move into the home as caretaker – the second respondent agreed with the decision of the first respondent – where paramount consideration is the welfare and interests of the protected person – correct and preferable decision.

Zidar v Department of Justice (No 3) [2018] NSWCATAD 230
ADMINISTRATIVE LAW – Government information - excluded information – conclusive presumption against disclosure - legal professional privilege - complaints handling, investigative and reporting functions.

Roberts v Department of Justice and Regulation (Review and Regulation) [2018] VCAT 1560
Freedom of Information Act 1982 (Vic), sections 19, 25A(5), 31(1)(a), 33(1), 35(1)(b) and 38 – whether apparent on the face of a request that all documents would be exempt so that the request did not have to be processed. This proceeding concerns Mr Matthew Roberts' applications for information about the number and geographical locations of sex work providers in Victoria who are registered with the Business Licensing Authority (BLA) under sections 23 and 24 of the Sex Work Act 1994 (Vic) (SW Act).

Legislation

Privacy (Australian Honours System) Public Interest Determination 2018
This determination applies to the disclosure of certain information by the Department of Home Affairs to the Office of the Official Secretary to the Governor-General and the Department of the Prime Minister and Cabinet for the purpose of verifying the Australian citizenship and/or permanent residency status of individuals who are the subject of nominations for membership or honorary membership of the Order of Australia, or for other awards in the Australian honours system.

Crimes Legislation Amendment (International Crime Cooperation and Other Measures) Regulations 2018
This instrument amends six regulations, consequential to amendments made by the Crimes Legislation Amendment (International Crime Cooperation and Other Measures) Act 2018, the Crimes Legislation Amendment Act (No. 2) 2011 and the Telecommunications Interception and Intelligence Services Legislation Amendment Act 2011.

New South Wales

Regulations and other miscellaneous instruments
Children (Detention Centres) Amendment Regulation 2018 (2018-576) — published 8 October 2018
Companion Animals Amendment (Access to Register of Companion Animals) Regulation 2018 (2018-580) — published 12 October 2018
Crimes (Administration of Sentences) Amendment (Restricted Associates) Regulation 2018 (2018-574) — published 5 October 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
 
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
 
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