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


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.


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.

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