In the media
NSW government launches IDCare Identity recovery
service
The NSW government's Cyber Security NSW arm has
established an identity recovery service for state government
customers whose identities become compromised as a result of a
"cyber incident". The Identity Recovery Service will
allow for 500 individual referrals to IDCare to be used by NSW
government departments and agencies as required (18 July 2019).
More...
Announcing NSW's new State Coroner
Magistrate Teresa O'Sullivan has been announced as
NSW's new State Coroner. Her Honour is the second woman to head
the jurisdiction in its history (15 July 2019).
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Lawyers warn legal aid at breaking point after NSW
murder trial derailed
The nation's peak lawyers group has warned the legal
aid funding crisis is at "breaking point" following the
extraordinary derailment of a high-profile murder trial in New
South Wales (12 July 2019).
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NSW looks to reform criminal proceedings
New South Wales is set to review case management and jury
processes across its District and Supreme Courts, in an attempt to
reduce criminal proceeding delays, the state's Attorney-General
has said (10 July 2019).
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NSW Information Commissioner releases guideline on
access to Out-of-Home Care records
The NSW Information Commissioner launched Information
Access Guideline 8: Care Leavers' access to their Out-of-Home
Care Records. The statutory guideline highlights the public
interest considerations in favour of government agencies releasing
information to those who have experienced out of home care
arrangements (08 July 2019).
More...
In practice and courts
High Court of Australia
High Court of Australia Bulletin [2019] HCAB 5 (8 July
2019)
New ICAC public inquiry into lobbying to start 5
August
The ICAC will hold a public inquiry commencing on Monday 5
August 2019 as part of a new investigation it is conducting into
the regulation of lobbying, access and influence in NSW (Operation
Eclipse) (18 July 2019).
More...
NSW Information Commissioner
The Guideline is directed to the public interest
considerations that support access being granted to institutional
care records as fully and efficiently as possible. The guideline is
for NSW government agencies and can be downloaded from the agency
resources page on the Information and Privacy Commission NSW
website here (08 July
2019).
More...
Adoption of mandatory data breach notification
The Department of Communities and Justice is seeking
feedback on whether a mandatory reporting scheme for data breaches
should be adopted under the Privacy and Personal Information
Protection Act 1998. Submissions close on 23 August 2019.
More...
NCAT Fees and charges from 12 July 2019
NCAT's fees and charges for the filing of
applications, appeals and other services will change on 12 July
2019. Download the NCAT Fees and charges schedule
here.
Decisions of interest: Practice support
The NSW Court of Appeal has just published its latest
Decisions of Interest Bulletin on the Court of Appeal website here. Learn more
here.
JUDCOM: Post-sentencing reform statistics and enhanced
statistics viewer on JIRS
The Judicial Commission has launched an enhanced
statistics viewer to accommodate the new community based sentencing
options which came into effect on 24 September 2018. The
post-reform sentencing statistics for the Local Court are available
now and it is anticipated that the statistics for the District and
Supreme Courts will be available in August (17 July 2019).
More...
JUDCOM: Children's Court Resource Handbook update 10
published
Update 10 of the Children's Court Resource Handbook
includes: Care and protection matters — background material
and Criminal matters — background material (16 July 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.
Cases
Sauturaga v Commissioner of Police, NSW Police
Force [2019] NSWCATOD
114
ADMINISTRATIVE REVIEW – occupational licensing
– security licence – mandatory refusal – whether
regulation invalid – no compelling reasons to examine
validity – meaning of "in relation to" in s
16(1)(a) of the Act
DQJ v Secretary, Department of Family and Community
Services [2019] NSWCATAD
138
Administrative Law – privacy and personal
information – whether disclosure of personal information
Miskelly v Roads and Maritime Services
[2019] NSWCATAD 133
ADMINISTRATIVE LAW – access to government
information – cabinet information ADMINISTRATIVE LAW –
whether the Tribunal has jurisdiction to review a decision of an
agency that information is 'out of scope'
Legislation
Proclamations commencing Acts
Justice
Legislation Amendment Act (No 3) 2018 No 87 (2019-330) —
published LW 12 July 2019
Regulations and other miscellaneous instruments
Civil
and Administrative Tribunal Amendment (Fees) Regulation 2019
(2019-326) — published LW 11 July 2019
Civil
Procedure Amendment (Fees) Regulation 2019 (2019-327) —
published LW 11 July 2019
Criminal
Procedure Amendment (Fees) Regulation 2019 (2019-328) —
published LW 11 July 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.