Australia: NSW Government Bulletin: Recent media releases, articles, reports, cases and legislation

Last Updated: 6 December 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, March 2019

In the media

Review of domestic violence and other homicide sentencing
The NSW Government has ordered an independent review of sentencing for murder and manslaughter offences, including those involving domestic and family violence. The Sentencing Council will examine how sentencing decisions affect families of homicide victims and the devastating impact of domestic violence on the community (23 November 2018). More...

"Dolly's Law" - Putting cyberbullies on notice
Perpetrators of online bullying could face up to five years' prison time under tough new laws passed by NSW Parliament. "Dolly's Law" is now putting online abusers on notice that if their actions cause people to fear physical or mental harm, they face a maximum penalty of five years imprisonment (22 November 2018). More...

Safe and fair forensic mental health system for victims
Attorney General Mark Speakman and Minister for Mental Health Tanya Davies announced new laws have passed through NSW Parliament that will ensure balanced consideration of victims' rights after a person is found unfit to be tried or not guilty by reason of mental illness (22 November 2018). More...

Domestic violence reforms pass parliament
The default duration of Apprehended Domestic Violence Orders (ADVOs) will double and police will be able to make urgent changes to strengthen orders to protect victims, under NSW Government legislation passed by Parliament (22 November 2018). More...

Parliament fires up community protection
The NSW Parliament has passed laws that put community safety first, introducing Australia's toughest penalty for bushfire arsonists, strengthening sentences for concealing child abuse and reinforcing NSW's counter terrorism framework (21 November 2018). More...

BOSCAR: Reforms increase trial finalisation rates in the New South Wales District Criminal Court
A new suite of reforms implemented to tackle delays in the NSW District Court in 2016 and 2017 has significantly increased the number of matters being finalised (15 November 2018). More...

Ban on use of drones above prisons
The NSW Government is tightening security at the state's prisons with a ban on the use of drones above prisons and juvenile detention centres. The NSW Parliament passed a Bill amending the Crimes (Administration Sentences) Act 1999, the Children (Detention Centres Act) 1987 and associated regulations (14 November 2018). More...

New online system to take stress out of finding a Justice of the Peace (JP)
The improved register will also assist culturally and linguistically diverse communities, by enabling people to search for a local JP who speaks a particular language.The current system only allows users to search for a JP by name, registration number or postcode. The new-look register will begin operating in early 2019 (3 November 2018). More...

Securing our safety with stronger terror laws
The NSW Government will further strengthen counter-terrorism laws to better protect the community from terrorists and other dangerous offenders. These important reforms introduce extraordinary powers which can be exercised by the Supreme Court – with appropriate safeguards – to help keep the community safe (13 November 2018). More...

In practice and courts

High Court of Australia
High Court of Australia Bulletin [2018] HCAB 09 (19 November 2018)

AAT: Scam emails pretending to come from the AAT
The AAT has become aware of scam emails pretending to be sent from the AAT (22 November 2018). More...

AAT Bulletins 2018
Issue No. 45/2018 19 November 2018

LCA Justice Project – Briefings
The Law Council President and Deputy Director of Policy were invited to present to the Judicial Council on Cultural Diversity regarding the Justice Project's final report. The Secretariat has recently developed a draft Justice Project implementation and advocacy plan for consideration by Directors at their next meeting (15 November 2018). More...

LCA: Australian Human Rights Commission National Inquiry into Sexual Harassment in Australian Workplaces
The development of the Law Council's submission to the Australian Human Rights Commission's National Inquiry into Sexual Harassment in Australian Workplaces is underway. Under the inquiry's terms of reference it will also consider the current legal framework and contributing factors behind workplace sexual harassment in the legal profession. Contributions to the submission close on 3 December 2018 (15 November 2018). More...

Digital Transformation Strategy
The newly launched Digital Transformation Strategy aims to have all government services available digitally by 2025, along with a roadmap of key initiatives for the next two years. The strategy provides a direction for governments' work on data and digital transformation and underpins the Commonwealth's stated aim of remaining in the top three digital governments in the world by 2025 (21 November 2018). More...

New South Wales

NCAT Annual Report 2017-2018
The NCAT Annual Report 2017-2018 is now available after it was tabled in NSW Parliament on 21 November 2018

NCAT: Federal diversity jurisdiction
Do the parties in your matter permanently reside in different States? If so, NCAT may not be able to determine your matter due to federal constitutional law (12 November 2018). More...

NSW Courts
Two new magistrates for the Local Court of NSW (15 November 2018)

Law & Justice Foundation of NSW - Research alert
The Law & Justice Foundation of New South Wales has released a research report titled Data Insights in Civil Justice: NSW Supreme Court(09 November 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 23 November 2018

ICAC: Operation Skyline public inquiry
The Operation Skyline hearing has been stood over to Friday 8 February 2019 at 10:00 am for further directions. Operation Skyline is an investigation into allegations concerning the Awabakal Local Aboriginal Land Council. 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. More...

Updates to New South Wales Police Force website
The NSW Police Force has updated their public website to include a 'legal' page that provides information on how to contact the different legal teams, or how and who to serve various court documents in a range of legal proceedings (criminal and civil)(23 November 2018). More...

Published - articles, papers, reports

Guidance on caretaker conventions
Department of the Prime Minister and Cabinet (Australia)
During the caretaker period, the business of government continues and ordinary matters of administration still need to be addressed (20 November 2018). More...

Insights from reports tabled July to September 2018
ANAO: 19 November 2018
This edition of audit insights focuses on efficiency in the public sector. Find out more about what we think efficiency looks like, why we think efficiency is important in ensuring that public sector agencies remain sustainable, and some examples from recently tabled audits of what we can learn from others. More...

Second Independent Privacy Impact Assessment for the Trusted Digital Identity Framework
Galexia; Digital Transformation Agency (Australia): 13 November 2018
Galexia is undertaking a Second Privacy Impact Assessment (PIA) for the Digital Transformation Agency (DTA) on the proposal to establish the Trusted Digital Identity Framework (TDIF). The purpose of this PIA is to assist in identifying and managing privacy issues that are raised by the establishment of the TDIF. More...

Governance innovation for a connected world
Eileen Donahoe et al; Centre for International Governance Innovation: 13 November 2018
The goal of this report, and those involved in its formation, is to enhance free expression, diversity and democracy at the same time as we protect human rights and encourage innovation. More...

Cabinet Handbook - 12th edition
Department of the Prime Minister and Cabinet (Australia): 12 November 2018
The Cabinet Handbook 12th edition is designed to ensure that the Cabinet observes conventions and principles and fulfils its central purpose of informed decision-making. More...

Examining the power of Child-At-Risk electronic medical record (eMR) alerts to share interpersonal violence, abuse and neglect concerns: Do child protection alerts help?
Rosemaria Flaherty, Jenna Meiksans, Stewart McDougall, Fiona Arney: 15 November 2018
This project sought to understand the impact of this Child-At-Risk (CAR) electronic Medical Record (eMR) alert information sharing system on outcomes for women and children. More...

Governance innovation for a connected world
Eileen Donahoe et al; Centre for International Governance Innovation: 13 November 2018
The goal of this report, and those involved in its formation, is to enhance free expression, diversity and democracy at the same time as we protect human rights and encourage innovation. More...


Banerjee v Commissioner of Police [2018] NSWCA 283
CONSTITUTIONAL LAW – inconsistency – Constitution, s 109 – circumstances in which operation of State law will be inconsistent with Commonwealth law – where provisions of Security Industry Act 1997 (NSW) and Security Industry Regulation 2016 (NSW), cl 13(3) mandated revocation of company's security licence upon entering voluntary administration – State laws prevented company entering voluntary administration from carrying on primary business – whether operation of State laws inconsistent with Corporations Act 2001 (Cth), Pt 5.3A – whether State laws invalid to extent of inconsistency.
COMMERCIAL LAW – security industry – requirement that Commissioner of Police revoke master licence of corporation under administration – whether valid State law.

Saeed Dezfouli v NSW Police Force [2018] NSWCATAD 264
Administrative Law – Government Information – access application – redaction of names – personal information - whether public interest considerations against disclosure outweigh public interest considerations in favour of disclosure –whether risk of harm or serious harassment or serious intimidation if names disclosed.

Shop, Distributive & Allied Employees' Association v Secretary, NSW Treasury [2018] NSWSC 1760
APPEALS – by leave on question of law – leave granted as questions of statutory interpretation arise – benefits of authoritative decision. STATUTORY INTERPRETATION – exemption order made under Shops and Industries Act 1962 (NSW) – construction of transitional provisions in Shop Trading Amendment Act 2009 (NSW).
STATUTORY INTERPRETATION – right conferred on representative of industrial organisation to apply for review to Civil and Administrative Tribunal – plain meaning of words exclude right of industrial organisation itself to apply.

Mulpha Australia Limited v Central Sydney Planning Committee [2018] NSWLEC 179
JUDICIAL REVIEW – integrated development – whether permissible for approval authority Heritage Council to provide comments, rather than general terms of approval, with respect to portion of development application – general terms of approval with respect to development outside curtilage of heritage item required where there is a relevant nexus – relevant nexus apparent from Heritage Council decision – misconstruction of statutory power – jurisdictional error established.
WORDS AND PHRASES – "land" – definition of land in s 57(1)(e) not restricted to curtilage of item or to lot on which item sits – to be determined on a case by case basis.
WORDS AND PHRASES – "in relation to" – protective purpose of the Heritage Act 1977 – interpretation promoting that purpose preferred to interpretation not promoting that purpose.

Olefines Pty Ltd v Valuer-General of New South Wales [2018] NSWCA 265
STATUTORY INTERPRETATION – primacy of text –structure of legislation – construction of provision containing zeugma – no wider context or extrinsic factors to be considered – Stevens v Kabushiki Kaisha Sony Computer Entertainment (2005) 224 CLR 193; [2005] HCA 58 applied VALUATION – land value.

Liang v University of Technology Sydney [2018] NSWSC 1740
ADMINISTRATIVE LAW – administrative tribunals – where plaintiff sought stay of proceedings before Appeal Panel of NCAT – no grounds for intervention of Supreme Court – stay refused.


New South Wales

Regulations and other miscellaneous instruments

Parliamentary Remuneration Amendment (Deputy Leader of the Opposition) Regulation 2018 (2018-651) — published LW 21 November 2018

Bills passed by both Houses of Parliament – 16 November 2018
Crimes (Administration of Sentences) Legislation Amendment Bill 2018

Bills passed by both Houses of Parliament – 23 November

Bills assented to
Crimes (Administration of Sentences) Legislation Amendment Act 2018 No 74 — Assented to 22 November 2018
For the full text of Bills, and details on the passage of Bills

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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