Australia: NSW Government Bulletin – In the media, in practice and courts, cases and legislation

Last Updated: 21 May 2019
Article by Christine Jones and Kim Nguyen
Most Read Contributor in Australia, July 2019

In the media

Law Council submission: The social and economic benefits of improving mental health
The first half of the Law Council's submission provides an insight into interactions between mental health and the justice system, informed in part by the findings of the Law Council's 2018 Justice Project. The second half of the submission provided information on how the legal profession itself is addressing mental health, and pointed to initiatives across jurisdictions that seek to identify and respond to mental health concerns within the legal profession (24 April 2019). More...

'Results would be catastrophic': judge keeps man who threatened to bomb PM behind bars
A man who said he would bomb prime minister Malcolm Turnbull has become the first person in NSW to be kept behind bars under new terrorism legislation, after a court found he poses an "unacceptable risk" to the community (24 April 2019). More...

It is now law – landholders to be reimbursed during negotiations
Queensland landholders can be reimbursed for out of pocket expenses incurred in negotiating conduct and compensation agreements with a resource company - as of April 19 - regardless of whether or not an agreement is reached (19 April 2019). More...

Huawei's new P30 smartphone camera sparks privacy concerns
Technology experts have so far been divided on the P30 Pro's unmatched photography capabilities – including 5x optical zoom in addition to the digital zoom – with some praising it as a "breakthrough" while others warn it could present privacy and security dangers (17 April 2019). More...

Australia's privacy authorities to forge closer ties
Australia's privacy authorities have commenced a new joint initiative aimed at further improving cooperation between authorities on complaint handling and enforcement (17 April 2019). More...

Privacy Authorities Australia statement in support of complaint and enforcement cooperation
PAA was established in 2008 to be a forum for the sharing of ideas, developments, resources and knowledge to improve the collective information privacy capability of Privacy Authorities across Australia. Following the success of the Policy Group, PAA has commenced a new initiative directed at improving cooperation in respect of their complaint handling and enforcement work (15 April 2019). More...

In practice and courts

Law Council of Australia: Fortnightly update
The LCA have today (12 April 2019) published their fortnightly newsletter. A full copy is available here.

Law Council of Australia: Submissions
17 April 2019—Law Council. Review of the Australian Human Rights Commission Regulations 1989 and the Disability Discrimination Regulations 19. 

Review of Model Defamation Provisions: Discussion paper
The purpose of defamation law is to balance protection from reputational damage with freedom of speech, and the release of information that's considered public interest. Each state and territory enacted legislation to implement the provisions to ensure greater national consistency.
The Review of Model Defamation Provisions Discussion Paper [PDF, 700kb] includes specific questions about the Model Defamation Provisions for your consideration; however, you are invited to comment on any other matters related to the provisions. Submissions close on 30 April 2019. The Model Defamation Provisions are available on the Australasian Parliamentary Counsel's Committee website here.

Practice Note SC CL 11 (Supreme Court Common Law Division – Bail)
Commences on Monday, 3 June. The following applies to bail applications filed prior to 3 June.
Applications filed by Private Practitioners and Legal Aid/ALS (where representation is confirmed).
Bail applications filed between now and 31 May will be listed in a call over on or before 3 June. No adjournments will be granted to a call over after 3 June (18 April 2019). More...

Amendment to the Uniform Civil Procedure Rules - Amendment to rule 1.9
Commences 18 April 2019. The amendment makes it clear that when an objection is made to the production of a document on the ground of privilege, access to the document must not be granted unless and until the objection is overruled, and that the production of a document to the court under a claim for privilege does not constitute a waiver of privilege. A copy of the amendment is attached here.

IPC NSW: Open Government information access initiatives
The NSW Information Commissioner, Information and Privacy Commission (IPC) CEO and Open Data Advocate, Ms Elizabeth Tydd, recently released an update on her work on open government initiatives under Australia's second Open Government National Action Plan 2018-20 (OGNAP 2). For a full update on the work of the NSW Information Commissioner and Open Data Advocate in this area, please click here (23 April 2019). 

ICAC: Operation Skyline public inquiry directions hearing 29 April 2019
The NSW Independent Commission Against Corruption (ICAC) will hold a short directions hearing in relation to the further progress of the Operation Skyline investigation on Monday 29 April 2019 at 1:30 pm (26 April 2019). More...

NSW Justice: 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. Review of Model Defamation Provisions.

ICAC Discussion Paper: Enhancing the democratic role of direct lobbying in NSW
The NSW ICAC is seeking public input as part of a new investigation it is conducting into the regulation of lobbying, access and influence in NSW (Operation Eclipse). The discussion paper is appended to an introductory paper, The regulation of lobbying access and influence in NSW: a chance to have your say, which also explains how to make a submission. The closing date for consultation is 24 May 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. Review of Model Defamation Provisions.

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 may be found on our website: Making a submission

Cases

Gatt v State of New South Wales [2019] NSWSC 451
ADMINISTRATIVE LAW – Judicial review – decision by Appeal Panel – workers compensation – grounds for medical appeal – whether Appeal Panel exceeded limitation imposed upon powers – whether committed error of reasoning – did Appeal Panel pose the wrong question – was there denial of procedural fairness – grounds not made out – plaintiff pay costs of defendant.

Richie Robles v Health Secretary in respect of Western Sydney Local Health District [2019] NSWIRComm 1028
UNFAIR DISMISSAL – jurisdictional objections – whether applicant resigned or was dismissed – evidence inconsistent with intention to resign – employee found to have been dismissed – whether application made out of time – 17 days out of time – matters to be considered in exercise of discretion – employer contribution to delay – sufficient reason to exercise discretion to accept application out of time PRACTICE AND PROCEDURE – non-disclosure orders – orders made by consent.

Paul v Forestry Corporation of NSW [2019] NSWCATAD 68
ADMINISTRATIVE LAW – government information – refusal to deal with application – whether dealing with the application would involve an unreasonable and substantial diversion of resources – whether multiple applications are related.

Office of Environment and Heritage v Scenic NSW Pty Ltd [2019] NSWCATAP 87
PRACTICE AND PROCEDURE – joinder- where 3rd parties object to government agency disclosing information under Government Information (Public Access) Act 2009 – where 3rd parties not parties to first instance decision on jurisdiction – whether applicant for access appealed from first instance decision – whether 3rd parties should be joined to the appeal proceedings.

Thamotharampillai v National Accreditation Authority of Translators and Interpreters Ltd [2019] NSWCATAD 60
ANTI-DISCRIMINATION – Where complaint of victimisation declined by President of Anti-Discrimination Board as lacking in substance – Application for leave to proceed with complaint -- Whether fair or just to grant leave.

Cappello v Roads and Maritime Services & Anor. [2019] NSWSC 439
ADMINISTRATIVE LAW – legal effect of proposed acquisition notice – statutory authority of Roads and Maritime Service to acquire land under s 177 of Roads Act – source of RMS's legal authority to acquire land.  STATUTORY INTERPRETATION – Roads Act 1993 – meaning of s 177 – construed to favour private property rights – statutory power only enlivened after identification of objective purpose of Act – purpose of the Act are to be found in all the provisions of the statute – s 64 marker of a statutory purpose of Roads Act – carry out functions of road authority with respect to proposed tollway – s 71 – road works widely defined – carry out roadwork – s 63 ministerial directions – all functions of road authority, to the fullest extent possible to become responsibility of RMS – proposed acquisition notice authorised by law.

Legislation

Regulations and other miscellaneous instruments
Electoral Funding (Adjustable Amounts) Amendment (Public Funding) Notice 2019 (2019-177) — published LW 26 April 2019
Electoral Funding (Adjustable Amounts) Amendment Notice 2019 (2019-170) — published LW 18 April 2019
Uniform Civil Procedure (Amendment No 91) Rule 2019 (2019-171) — published LW 18 April 2019

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
Similar Articles
Relevancy Powered by MondaqAI
 
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
 
Similar Articles
Relevancy Powered by MondaqAI
Related Articles
 
Up-coming Events Search
Tools
Print
Font Size:
Translation
Channels
Mondaq on Twitter
 
Mondaq Free Registration
Gain access to Mondaq global archive of over 375,000 articles covering 200 countries with a personalised News Alert and automatic login on this device.
Mondaq News Alert (some suggested topics and region)
Select Topics
Registration (please 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