Australia: NSW Government Bulletin - recent reports in the media, in practice & in the courts, articles, papers, reports and cases.

Last Updated: 26 March 2019
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, April 2019

In the media

NSW Information Commissioner and Open Data Advocate leads state and territory commitment on Open Government information access initiatives
The NSW Information Commissioner, Information and Privacy Commission (IPC) CEO and Open Data Advocate, Ms Elizabeth Tydd, released an update on her work on open government initiatives under Australia’s second Open Government National Action Plan 2018-20 (OGNAP 2) (11 March 2019).  More... 

Law reform, cultural change and honesty critical to combat sexual harassment in the legal profession
Cultural and structural change is as vital as legislative reform to combat sexual harassment in Australian workplaces and the legal profession, according to the Law Council of Australia (08 March 2019).  More... 

'Lives are being destroyed’ – legal assistance funding needs urgent review, huge budget boost
The dire state of legal assistance funding in Australia has been highlighted as a matter of critical importance in the Law Council of Australia’s 2019-20 Pre-Budget Submission, with a boost of at least $310 million a year required to address critical gaps in the system (07 March 2019).  More... 

In practice and courts

New South Wales

NSW Sentencing Council - victims' involvement in sentencing Report
The NSW Attorney General asked us to conduct a review of victims' involvement in the sentencing process. The Council transmitted the Report: Victims' Involvement in Sentencing to the Attorney General on 1 March 2018.

NSW BOSCAR publications
06 March 2019 NSW Recorded Crime Statistics quarterly update December 2018

NCAT: apply online for earlier hearing date
Parties can apply here for most NCAT Consumer and Commercial Division applications. These include applications for tenancy, social housing, consumer claims, home building and residential communities (12 March 2019).  More... 

Operation skyline public inquiry resumed on Monday 18 March 2019
The ICAC Operation Skyline public inquiry into allegations concerning the Awabakal Local Aboriginal Land Council resumed on Monday 18 March 2019 at 10:00 am. (15 March 2019).  More... 

Public Consultation: review of model defamation provisions
The Defamation Working Party is seeking feedback on defamation law in Australia, to assess how the legal principles apply in the digital age and identify areas for national reform. Submissions close on 30 April 2019.  More...  

NSW LRC: open justice review - court and tribunal information: access, disclosure and publication
The Attorney General has asked us to review the operation of suppression and non-publication orders and access to information in NSW courts and tribunals. See the terms of reference here. The deadline for preliminary submissions is Friday 31 May 2019. Information about making a submission may be found on our website here.

Amendments to local court practice note Civ 1
His Honour Judge Henson, Chief Magistrate has amended Practice Note Civ 1. In addition to the requirements for expert evidence the amendments consolidate this practice note with the Online Court Practice Note. This practice note will commence on and from 15 March 2019.  More... 

Published - articles, papers, reports

Image-based sexual abuse: victims and perpetrators
Nicola Henry, Asher Flynn, Anastasia Powell; Australian Institute of Criminology: 07 March 2019
Image-based sexual abuse (IBSA) refers to the non-consensual creation, distribution or threatened distribution of nude or sexual images. This research examines the prevalence, nature and impacts of IBSA victimisation and perpetration in Australia.  More...  

Insights from reports tabled October to December 2018
ANAO: 07 March 2019
This edition of audit insights focuses on quality in the public sector. Quality is an important concept that can be applied to all areas of government business.  More...  

Use and acceptance of biometric technologies in 2017
Russell G. Smith, Alexandra Gannoni, Susan Goldsmid; Australian Institute of Criminology: 04 March 2019
Biometrics makes use of people’s unique biological characteristics to identify them when dealing with government and business. This paper presents results from a public survey, conducted in 2017, which indicated generally high levels of previous exposure to biometrics and increasing willingness to use biometric technologies.  More... 


Zidar v NSW Department of Justice (Office of the General Counsel) [2019] NSWCATAD 38
ADMINISTRATIVE LAW – application to use a recording device to record hearing – application for McKenzie friend to sit at the Bar Table – summons for witness to give evidence set aside.

Kallin Pty Ltd v Independent Liquor and Gaming Authority [2019] NSWCATAD 36
ADMINISTRATIVE LAW – liquor licensing – overall social impact of granting licence - whether detrimental to wellbeing of local or broader community.

Local Democracy Matters Incorporated v Infrastructure NSW; Waverley Council v Infrastructure NSW [2019] NSWLEC 20
Judicial review – challenge to Minister for Planning’s grant of development consent to concept development application including Stage 1 demolition of Sydney Football Stadium – no failure to comply with mandatory public exhibition period – no failure to comply with Sydney Local Environmental Plan 2012 concerning design excellence – no failure to comply with State Environmental Planning Policy 55 Remediation of Land.

Ghasemi v NSW Department of Corrective Services [2019] NSWSC 207
ADMINISTRATIVE LAW – alleged error of law and jurisdictional error – Commissioner’s decision not to vary the plaintiff’s prison classification – relevance of his immigration status – powers and functions of Serious Offenders Review Council – allegations including bias and that decision.

Commissioner of Police v Da Costa-Reidel (on behalf of Stop Adani Sydney) [2019] NSWSC 198
PUBLIC ASSEMBLY – proposed public protest against the Adani coal mine – application by Commissioner of Police under s 25(1) Summary Offences Act 1988 (NSW) – where the protest followed a major thoroughfare and would disrupt traffic and emergency services – where the proposed procession coincided with the heavily-attended Mardi Gras Fair Day – where the defendant refused to accept alternative routes offered by the Commissioner – prohibition order made COSTS – discretion – general principles – where the plaintiff was successful in its application – where the defendant argued for a costs order based on concepts of public interest – effect of public interest considerations generally. 

Burton v Local Court of New South Wales [2019] NSWSC 191
ADMINISTRATIVE LAW – Judicial review – Court Suppression and Non-publication Orders Act 1970 (NSW) – Violation of non-publication orders - Whether the Magistrate erred by not dismissing the charges against the plaintiff – Failure to provide evidence – Abuse of process – Interim order – Whether the interim non-publication order could not have been violated because it was expired.  

Ballas v Department of Education (State of NSW) [2019] NSWSC 234
ADMINISTRATIVE LAW – judicial review – decision of a delegate of the Registrar of the Workers Compensation Commission as to whether appeal to Appeal Panel should be allowed to proceed – whether error of law – whether jurisdictional error – whether delegate failed to consider submission that “Approved Medical Specialist” took into account irrelevant considerations and failed to take into account relevant considerations – whether delegate erred in deciding that which matters were relevant to the categories in the Psychiatric Impairment Rating Scale (PIRS) was a matter of discretion rather than an application of the Workers Compensation Guideline. 

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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