In the media
Eighteen new correctional jobs aim to reduce reoffending
in Northern NSW
Eighteen new jobs have been created at Grafton, Glen
Innes, Tamworth and Mid-North Coast correctional centres as part of
a Corrective Services NSW plan to reduce reoffending (23 October
2018).
More...
More support for vulnerable victims in court?
Vulnerable people will be spared the ordeal of giving
evidence multiple times in sexual assault trials, under legislation
introduced to NSW Parliament. Attorney General Mark Speakman said
the new provisions are designed to reduce the trauma and stress on
witnesses whose evidence is needed in retrials or other court
proceedings (23 October 2018).
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NSW Government delivers apology to survivors of
institutional child sexual abuse
Premier Gladys Berejiklian has delivered an apology to
survivors of institutional child sexual abuse on behalf of the NSW
Government at an official ceremony at the Sydney Opera House (22
October 2018).
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New NCAT President appointed
The Attorney General has announced that Ms Lea Armstrong,
NSW Crown Solicitor, has been appointed as the new President of the
NSW Civil and Administrative Tribunal (NCAT). Ms
Armstrong will be sworn in as a Supreme Court judge on 31 October
2018 (19 October 2018).
More...
NSW Government commits $127 million to respond to Royal Commission
The NSW Government has announced a comprehensive $127 million package to implement the recommendations from the Royal Commission into Institutional Responses to Child Sexual Abuse (18 October 2018) https://www.justice.nsw.gov.au/Pages/media-news/media-releases/2018/government-funds-royal-commission-reforms.aspx
New Commissioner eyes surveillance devices
A new commissioner has been appointed to provide greater
scrutiny of applications for surveillance device warrants under
legislation introduced into Parliament. Attorney General Mark
Speakman said the commissioner has been given scrutiny powers
previously exercised by the NSW Solicitor General (17 October
2018).
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Tightening controls on terror detainees
Juvenile detainees considered a threat to national
security will be subject to tighter controls inside centres,
including additional restrictions on mail, phone calls and visitors
(16 October 2018).
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In practice and courts
High Court Bulletin
High Court of Australia Bulletin [2018] HCAB 08 (24 October
2018)
OAIC Statements
Commissioner's opening statement - Senate Estimates (22 October
2018)
AAT: Reporting on our performance
The
AAT's Annual Report 2017-18 is now available (19 October
2018)
AAT Bulletins 2018
Issue No. 41/2018, 22 October 2018
AAT's recent senate estimates appearance
The AAT was called to appear before the
Senate Legal and Constitutional Affairs Legislation Committee
on Tuesday 23 October 2018. An excerpt of the opening statement
provided by the Registrar is outlined here. The AAT remains
dedicated to providing a review process that is accessible, fair,
just, economical, informal and quick. The full testimony from the
hearing will soon be available on the
Committee website via Hansard.
More...
Law Council of Australia Submissions
25 October 2018—Law Council
Human Rights and Technology
18 October 2018—Law Council
Telecommunications and Other Legislation Amendment (Assistance and
Access) Bill 2018
High Court Amendment (Constitutional Writs and Other
Matters) Rules 2018
These Rules were registered on the Federal Register of
Legislative Instruments on 17 October 2018 and commence on 1
November 2018.
Click here to download the Amendment.
Click here to download the Explanatory Statement.
Qld Bar Association
Following a review of the provisions in the High Court
Rules 2004 relating to applications for writs of mandamus,
prohibition, certiorari, habeas corpus and quo warranto, the
Justices of the High Court have agreed a number of amendments to
Part 25 of the Rules to provide a more streamlined procedure for
the filing and consideration of applications. More...
AHRC: National Workplace Sexual Harassment Inquiry
– Conversation toolkit
The National Workplace Sexual Harassment Inquiry launched
a conversation toolkit to assist businesses and organisations
conduct facilitated conversations about workplace sexual
harassment. The conversation toolkit has been developed to help
employers, individuals and groups open respectful and productive
discussions in their places of work, and to feed that input into
their submissions to the National Inquiry (26 October 2018).
More...
ALRC reminder: Review of the Family Law System
Discussion Paper
The Discussion Paper asks 33 questions and makes 124
proposals for change to the family law system,which focus on
support for children in the family law system, improving public
understanding of the family law system, accessible and coordinated
service delivery, and enhanced oversight of the family law system
and its workforce. Submissions close on 13 November 2018.
More...
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 were received until 26
October. The review is to report by the end of November.
More...
NCAT: New reinstatement application form
NCAT has developed a new standard form for applying for a
reinstatement of proceedings. If there is a reasonable excuse for
not appearing at the hearing, the applicant or appellant can apply
to NCAT to reinstate the proceedings (22 October 2018).
More...
IPC delivers Annual Report 2017/18 to NSW
Parliament
The IPC has released its Annual Report 2017/18 which
documents our work and achievements during the reporting period, as
well as outlining our directions for the coming year (22 October
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 26 October 2018.
More...
ICAC: Register now for new investigation and management
workshops: 13 November 2018, Sydney CBD
Renowned local and international facilitators will lead
interactive training on electronic evidence gathering, open source
intelligence and forensic accounting, investigating serious
incidents in the disability sector, institutional integrity, and
advanced investigative training for administrative oversight
agencies.
More...
ICAC: Public inquiry into allegations concerning the
former Canterbury City Council adjourned
The ICAC Operation Dasha public inquiry into allegations
concerning the former Canterbury City Council will resume on Monday
10 December (23 October 2018).
More...
?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...
Published – articles, papers, reports
Victim appeal:
how to address manifestly inadequate
sentences
Andrew Bushnell; Institute of Public Affairs: 19 October
2018
This paper recommends that victims of crime be given the right to
instruct the DPP to seek leave to appeal sentences that they find
unjustly lenient. The primary goal of this reform is to address
community concern that the judiciary is out-of-touch with community
standards.
Police use of
CCTV on the rail network
Anthony Morgan, Maggie Coughlan; Australian Institute of
Criminology: 18 October 2018
Despite support from police for the use of CCTV, and its popularity
in public places, there has been limited research into the use of
CCTV by police for investigative purposes. This study attempted to
better understand police demand for CCTV footage from the NSW rail
network.
Young people in
child protection and under youth justice supervision: 1 July 2013
to 30 June 2017
Australian Institute of Health and Welfare: 16 October
2018
This report presents information on people aged 10–17 who
were in the child protection system and under youth justice
supervision from 1 July 2013 to 30 June 2017.
Article: Australian Information Commissioner and Privacy
Commissioner in The Australian
OAIC: 23 October 2018
Human error and deception. Compromised credentials. One-off
incidents. This is the reality of most data breaches notified to
the Office of the Australian Information Commissioner since
mandatory reporting began in February.
Judicial Decision-Making in Times of War and Relative Peace
– The Hon Susan Kiefel AC
In some controversial decisions during World War II and in
its aftermath, the Court held invalid statutory and regulatory
measures.
Social values and the criminal law's adaptability to
change
Chief Justice Susan Kiefel AC, Paper delivered at the
International Criminal Law Congress, Byron Bay, 6 October 2018.
Cases
Dezfouli v Health Care Complaints
Commission [2018] NSWCATAD
245
HUMAN RIGHTS — Equal Opportunity — leave required for
complaint to proceed — principles applying to grant of leave
HUMAN RIGHTS — Equal Opportunity — discrimination in
the area of services — identification of relevant
service.
Balnaves Foundation Pty Ltd v Minister for Planning (No
2) [2018] NSWLEC
163
JUDICIAL REVIEW — Whether the consent authority had
the power to impose a condition requiring contributions to be paid
– whether a regulation empowering the imposition of a
condition is inconsistent with the primary enactment authorising
the making of the regulation – whether the regulation is
"of a savings or transitional nature" – whether the
regulation is "consequent on" the enactment of a later
Act – regulation validly enacted and the imposition of
condition of consent lawful.
STATUTORY CONSTRUCTION — Whether delegated legislation is
inconsistent with primary legislation authorising the making of the
delegated legislation – applicable principles of statutory
construction – proper construction of transitional and
savings provisions.
Legislation
Commonwealth
Regulation
High
Court Amendment (Constitutional Writs and Other Matters) Rules
2018
17/10/2018 - This instrument amends the High Court Rules
2004 to provide for a more streamlined procedure when filing and
considering applications for Constitutional Writs.
Intellectual
Property Laws Amendment (Productivity Commission Response Part 1
and Other Measures) Regulations 2018
16/10/2018 - These Regulations amend the Designs
Regulations 2004, Patents Regulations 1991, Plant Breeder's
Rights Regulations 1994, and Trade Marks Regulations 1995 to
prescribe matters required under provisions of the Acts as amended
by the Intellectual Property Laws Amendment (Productivity
Commission Response Part 1 and Other Measures) Act 2018, and
to align and streamline certain processes involved with obtaining
and maintaining IP rights.
Bills
Copyright Amendment (Online Infringement) Bill
2018
HR Third reading 24/10/2018 - The purpose of the Copyright
Amendment (Online Infringement) Bill 2018 (Bill)
is to amend the online copyright infringement scheme , as set out
in section 115A of the Copyright Act 1968 (the
Act) , which is aimed at blocking access by users in
Australia to overseas online locations that facilitate large-scale
infringement of copyright.
Discrimination
Free Schools Bill 2018
Introduced Senate – 16/10/2018 - This Bill amends
the Sex Discrimination Act 1984 (the
Act), removing the current exemption for religious schools
to discriminate against students and teachers on the basis of
sexual orientation or gender identification.
Acts
Government Procurement (Judicial Review) Act
2018
22/10/2018 - Act No. 129 of 2018
New South Wales
Regulations and other miscellaneous instruments
Bills introduced Government – 19 October
Crimes (Administration of Sentences) Legislation Amendment Bill
2018
Crimes (Domestic and Personal Violence) Amendment Bill
2018
Crimes Legislation Amendment Bill 2018
Road Transport Amendment (National Facial Biometric Matching
Capability) Bill 2018
Statute Law (Miscellaneous Provisions) Bill (No 2) 2018
Surveillance Devices Amendment (Statutory Review) Bill
2018
Terrorism (Police Powers) Amendment (Statutory Review) Bill
2018
Non-Government
Gambling Advertising Prohibition Bill 2018
Bills passed by both Houses of Parliament
Civil Liability Amendment (Organisational Child Abuse Liability)
Bill 2018
Community Gaming Bill 2018
Bills introduced Government – 26 October
Children and Young Persons (Care and Protection) Amendment Bill
2018
Crimes Legislation Amendment (Victims) Bill 2018
Fair Trading Legislation Amendment (Miscellaneous) Bill
2018
Government Information (Public Access) Amendment Bill
2018
Justice Legislation Amendment Bill (No 3) 2018
National Disability Insurance Scheme (Worker Checks) Bill
2018
Non-Government – 26 October
Exhibited Animals Protection Amendment (Prohibitions on Exhibition)
Bill 2018
Justice Legislation Amendment (Walama Court) Bill 2018
Liquor Legislation Amendment (Repeal of Lock-out Laws) Bill
2018
Bills passed by both Houses of Parliament – 26
October
Fair Trading Legislation Amendment (Reform) Bill 2018
Statute Law (Miscellaneous Provisions) Bill (No 2) 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.