- Our experts have prepared an analysis of the recent NSW state election. Click here to read our wrap-up.
In the media
What good local government integrity frameworks look
like
A new research report released by IBAC, the state's
anti-corruption commission, identifies a sample of councils that
have built solid integrity frameworks to help protect them from
corruption, providing a model for other councils to follow (28
March 2019). The
full report and summary version are available on
IBAC's website. More...
Legal Assistance Reviews
The Australian Government has released two reports on legal assistance: the
review of the National Partnership Agreement on Legal Assistance
Services 2015-20 (NPA) and the review of the
Indigenous Legal Assistance Program (ILAP). Both
reviews were conducted to independently assess the effectiveness,
efficiency and appropriateness of the current NPA and ILAP in
achieving their objectives and outcomes (28 March 2019). More...
AMA calls for age of criminal responsibility to be
raised to 14 years of age.
The new policy was passed at the AMA Federal Council
meeting in Canberra. The age of criminal responsibility is the age
at which a child is considered capable of being dealt with by the
criminal justice system. Currently, children aged 10 can be
charged, prosecuted, and imprisoned (25 March 2019). More...
OAIC welcomes increased enforcement powers to keep
Australians’ personal information safe online
The proposed changes to the Privacy Act, along with new
rules for digital platforms that trade in personal information, are
an important step in meeting community expectations that personal
information will handled in a way that is transparent and
accountable (24 March 2019). More...
Tougher penalties to keep Australians safe online
Attorney-General, Christian Porter and Minister for
Communications and the Arts, Mitch Fifield, announced the new
penalty regime under the Privacy Act and other measures to
ensure Australians were protected online and that major social
media companies took action to protect the personal information
they collect about Australians, particularly children (24 March
2019). More...
Commission welcomes National Plan on elder abuse
Age Discrimination Commissioner Dr Kay Patterson this week
participated in the launch of the Federal Government’s
National Plan to Respond to the Abuse of Older Australians
(2019-2023) (22 March 2019). More...
In practice and courts
New ICAC website coming soon
The ICAC is pleased to advise that it plans to launch a
new website later this week. The changeover to the new website
means that from between 29 March and Saturday 30 March, there will
be no website access.. Our website address will remain the same
– www.icac.nsw.gov.au (26 March
2019).
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. The deadline for preliminary submissions
is 31 May 2019. Information about making a
submission can be found on our website here.
Published – articles, papers, reports
Bias crime policing: 'The Graveyard Shift
Gail Mason, Leslie Moran; International Journal for Crime,
Justice and Social Democracy: 22 March 2019
Bias crime is crime that is motivated by prejudice or bias towards
an attribute of the victim, such as race, religion or sexuality.
Police have been criticised for failing to take bias crime
seriously, and there is a pressing need to understand the reasons
for this failure. This article presents the results of the first
empirical study of bias crime policing in New South Wales. More...
Where is your data going?
Quinn Grundy et al; University of Sydney: 22 March
2019
Researchers are calling for greater regulation and transparency as
analysis of medicines-related apps found most directly shared user
data - including sensitive health data - with third parties, posing
an unprecedented privacy risk. More...
Data sharing practices of medicines related apps and the
mobile ecosystem: traffic, content, and network analysis
Quinn Grundy, Kellia Chui, Fabian Held, Andrea Continella,
Lisa A. Bero, Ralph Holz; BMJ: 21 March 2019
Researchers call for greater regulation and transparency as
analysis of medicines-related apps found most directly shared user
data - including sensitive health data - with third parties, posing
an unprecedented privacy risk. More...
Independent review of the APS: priorities for
change
Department of the Prime Minister and Cabinet (Australia):
19 March 2019
This report reflects what the Australian Public Service
(APS) Review Panel has learned from their initial
investigations and what changes the panel believes are needed to
build an APS that is fit for the future. More...
Best practice guide to applying data sharing
principles
Department of the Prime Minister and Cabinet (Australia):
19 March 2019
The Australian government holds vast amounts of public sector data
that it collects from individuals and businesses, or generates
through administrative functions of government agencies. This guide
has been written to assist agencies holding Australian government
data (data custodians) to safely and effectively share the data
they are responsible for by using five data sharing principles (the
Principles). More...
Cases
Hillyer v Rural Fire
Service [2019] NSWCATAD 52
ADMINISTRATIVE LAW – Government Information
(Public Access) Act -– GIPA – consultation –
whether consultation required-sufficiency of evidence to establish
factors against disclosure - weight to apply significantly to
factors against disclosure.
Sandy v Kiama Municipal
Council [2019] NSWCATAD 49
ADMINISTRATIVE LAW – government information –
form of access – whether reproducing information would
infringe copyright.
Kate Singleton Pty Ltd and SJ
Connelly CPP Pty Ltd t/as Planners North v Department of Planning
and Environment [2019] NSWCATAD
50
ADMINISTRATIVE LAW – administrative review -
government information – personal information – no
issue of principle.
Miskelly v Secretary, Department
of Education [2019] NSWCATAD 48
ADMINISTRATIVE LAW- freedom of information- government
information public access-public interest considerations-
Government Information (Public Access) Act 2009 (NSW).
Bailey v Ku-ring-gai
Council [2019] NSWLEC 35
JUDICIAL REVIEW – planning proposal to make local
environmental plan – amendment to plan to remove properties
as listed heritage items – variation of planning proposal to
retain and not remove a listed heritage item – whether denial
of procedural fairness – whether failure to consider relevant
matter – whether manifest unreasonableness.
Webb v Port Stephens
Council [2019] NSWCATAD 47
ADMINISTRATIVE LAW- freedom of information- government
information public access-public interest considerations-open
access information s6 Government Information (Public Access)
Act 2009 (NSW).
Kendrick v Secretary of the
Department of Education NSW [2019] NSWCATAD
45
ADMINISTRATIVE LAW- Education and Care Services
National Law – review of a decision to refuse to cancel a
prohibition notice under section 182 National Law – Objects
and Principles of National Law – Children – Childcare
Services – Administrative review jurisdiction – correct
and preferable decision - whether the Tribunal should uphold the
decision or substitute a decision – correct and preferable
decision is to confirm the decision of the Regulatory
Authority.
Quach v New South Wales Civil
and Administrative Tribunal [2019] NSWCA
49
JUDGMENTS AND ORDERS – Court of Appeal –
Judges of Appeal – Appointment, tenure and remuneration
– Whether Court of Appeal invalidly constituted so as to
invalidate orders – Whether s 72 Commonwealth Constitution
governs the maximum permissible age of judges of State Supreme
Courts.
Legislation
Crimes (Biological Weapons)
Regulations 2019
29/03/2019 - These regulations set out the procedures
and requirements to be followed in relation to the notification,
storage, labelling and disposal of biological agents, toxins and
weapons. The regulations also enable a person charged with an
offence under the Crimes (Biological Weapons) Act 1976 in
respect of a biological agent or toxin to seek an independent
analysis of a sample of the substance.
Fair Work Amendment (Modernising
Right of Entry) Regulations 2019
25/03/2019 - These regulations amend the Fair Work
Regulations 2009 to modernise the form of entry permits by giving
the Fair Work Commission the discretion to determine the precise
form of entry permits subject to certain requirements, and by
amending the prescribed form for entry notices and exemption
certificates to include additional information.
Electronic Transactions Amendment
(Electoral Nominations) Regulations 2019
25/03/2019 - These regulations amend the Electronic
Transactions Regulations 2000 by removing item 25(b) of Schedule 1
to ensure that electoral candidates seeking to nominate for
Commonwealth elections are able to lodge their nominations
electronically.
User Rights Amendment (Charter of
Aged Care Rights) Principles 2019
22/03/2019 - This instrument amends the User Rights
Principles 2014 and the Records Principles 2014 to introduce a
single 'Charter of Aged Care Rights' and vary the
responsibilities of approved providers to be consistent with the
Charter.
Freedom of Information (Charges)
Regulations 2019
22/03/2019 - These regulations remake the Freedom of
Information (Charges) Regulations 1982 (scheduled to sunset on 1
April 2019) with the same effect to ensure their continued
operation. Minor amendments have been made to ensure fitness for
purpose and consistency with current drafting practices, update
various provisions to reflect the current terms of the Freedom
of Information Act 1982 and remove obsolete or unnecessary
provisions. These regulations do not introduce new charges or
increase charges from the previous rates.
Privacy (Disclosure of Homicide
Data) Public Interest Determination 2019
20/03/2019 - This determination applies to the
disclosure of certain information by the Australian Federal Police
to the Australian Institute of Criminology for the purpose of the
Australian Institute of Criminology's research under the
National Homicide Monitoring Program and the publication of
aggregate findings.
Administrative Arrangements
(Administration of Acts—General) Order 2019 under the
Constitution Act 1902
02/04/2019 - xxx
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.
