Australia: NSW Government Bulletin: In the media, reports, cases and legislation

Last Updated: 1 July 2019
Article by Christine Jones and Kim Nguyen
Most Read Contributor in Australia, July 2019

In the media

NSW Budget supports child victims, invests in courts and fights corruption
The 2019-20 NSW Budget will deliver the world's first residential trauma centre for children impacted by homicide, a new unit to prosecute public officials engaging in misconduct and the largest ever upgrade of Queanbeyan Courthouse (18 June 2019). More...

New Commissioner of Victims Rights in NSW
The Secretary of Family and Community Services and Justice Michael Coutts-Trotter has appointed the former Chief of Staff at the Department of Justice, Michelle Vaughan, as the new Commissioner of Victims Rights. Ms Vaughan will begin her new role on 1 July 2019 (15 June 2019). More...

OAIC: Lessons learned during first 12 months of Notifiable Data Breaches scheme
Data breaches involving personal information may be prevented through effective training and enhanced systems, analysis of the first 12 months of mandatory notifications reveals (13 June 2019). More...

In practice and courts

AAT fee increase on 1 July 2019
Annual Federal Courts and Tribunals Fee Increases from 1 July 2019. More...

High Court of Australia
High Court of Australia Bulletin [2019] HCAB 4 (30 May 2019)

ICAC: Operation Ember public inquiry continues 21 June
The NSW Independent Commission Against Corruption's Operation Ember public inquiry will continue on Friday 21 June 2019. More...

ICAC: The regulation of lobbying access and influence in NSW
Consultation paper and submissions in response (12 June 2019). More...

Decisions of interest
June 17 2019 - The NSW Court of Appeal has just published its latest Decisions of Interest Bulletin on the Court of Appeal website. More...

Costs Disputes - Amendment of the Legal Profession Uniform General Rules 2015
On 1 July 2019 the Legal Profession Uniform General Amendment (Indexation) Rule [2019] will commence. It adds rule 111A to the Legal Profession Uniform General Rules [2015]. More...

Review of the Civil and Administrative Tribunal Act 2013
The Department of Justice is conducting a review of the Civil and Administrative Tribunal Act 2013 (NSW) to determine whether the policy objectives of the Act remain valid and whether the terms of the Act remain appropriate for securing those objectives. Submissions to the review close on 10 July 2019. More...

NSW LRC: Open Justice Review - Court and tribunal information: access, disclosure and publication
The Attorney General has asked to review the operation of suppression and non-publication orders and access to information in NSW courts and tribunals. See the Terms of reference. Information about making a submission may be found here.

Published – articles, papers, reports

Digital news report: Australia 2019
Caroline Fisher, et al; News and Media Research Centre (UC): 12 June 2019
On the negative side, the number of Australians with high interest in news has fallen, news avoidance has risen, and many Australians think the news is often too negative and not that relevant to their lives. More...

Regulatory dark matter: how unaccountable regulators subvert democracy by imposing red tape without transparency
Kurt Wallace; Institute of Public Affairs: 11 June 2019
This category of red tape is described as 'regulatory dark matter,' which refers to publications by government agencies that seek to influence the behaviour of regulated actors (such as businesses), but lack adequate democratic oversight. More...

Cases

Shenhua Watermark Coal Pty Limited v Department of Planning and Environment [2019] NSWCATAD 119
ADMINISTRATIVE LAW – administrative review - Government Information – third party consultation - public interest considerations against disclosure – whether information provided in confidence – whether disclosure could reasonably be expected to diminish competitive commercial value of information – whether disclosure could prejudice business and commercial interests – onus on third party applicant to establish an overriding public interest against disclosure – onus not discharged

Two Cubed Pty Ltd v Secretary of the Department of Education NSW [2019] NSWCATAD 122
ADMINISTRATIVE LAW- Education and Care Services National Law – review of a decision refusing provider approval under section 15(2) of the National Law – whether a fit and proper person - 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 decision.

Nolan v Commissioner of Police, NSW Police Force [2019] NSWCATAD 120
ADMINISTRATIVE LAW - GIPA Act – Government Information – whether information held by the agency – whether in possession or control – capacity as an officer or member of staff of an agency – obligation to undertake reasonable searches

Seremetis v NSW Department of Justice [2019] NSWCATAD 118
ADMINISTRATIVE LAW – Government Information – CCTV footage of interior of correction centre - public interests against disclosure of the information in the way requested

Rivero v Commissioner of Police, NSW Police Force [2019] NSWCATAD 115
ADMINISTRATIVE LAW – Government Information – audit report - personal information – access to information about an individual by the individual - whether prejudice to an agency's functions

Shehata v Department of Fair Trading; Visual Building Constructions Pty Ltd v Department of Fair Trading [2019] NSWCATAD 116
ADMINISTRATIVE Law – administrative review – home building - fit and proper person -– weight of evidence – adverse findings

Hollingsworth v Commissioner of Police, NSW Police Force [2019] NSWCATAD 114

ADMINISTRATIVE REVIEW – Government Information (Public Access) – application for review by person aggrieved by decision to refuse to release information – public interest considerations

Legislation

NSW

Regulations and other miscellaneous instruments
Photo Card Amendment (Fees and Penalty Notice Offences) Regulation 2019 (2019-242) — published LW 14 June 2019

Bills introduced Government - Non-Government – 21 June 2019
Privacy and Personal Information Protection Amendment (Notification of Serious Violations of Privacy by Public Sector Agencies) Bill 2019

Bills passed by both Houses of Parliament
Crimes (Administration of Sentences) Amendment (Inmate Behaviour) Bill 2019

Bills assented to
Statute Law (Miscellaneous Provisions) Act 2019 No 1 — Assented to 17 June 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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