In the media
How councils are future-proofing themselves against
shrinking regional media
Locals and journalists are the two main casualties that
come up in conversations around regional media closures, but what
about the councils which rely on local titles to get their messages
out into the community (01 August 2019).
More...
Have your say on the response to data breaches
The Department of Communities and Justice is inviting
feedback on how NSW public sector agencies respond to privacy
breaches and manage personal information. In NSW, the Privacy
and Personal Information Protection Act 1998 (NSW) governs how
public sector agencies manage personal information (25 July 2019).
More...
In practice and courts
Consultation paper: Mandatory Notification of Data
Breaches by NSW Public Sector Agencies
The paper aims at seeking feedback on: whether NSW public
sector agencies should be required to notify the NSW Privacy
Commissioner and affected individuals if a breach of privacy
occurs; and how the key elements of a mandatory notification scheme
should operate (if implemented in NSW). The discussion paper is
available here
Submissions close on 23 August 2019.
More...
NSW Justice: New Guided Pathways to help solve everyday
legal issues
Navigating legal information about recovering money and
resolving fencing disputes has become easier with the release of
new Guided Pathways on the LawAccess NSW website. Expansion of
Guided Pathways is one of the initiatives under the
Civil Justice Action Plan released in late 2018. The Plan
contains a suite of reforms designed to address key issues
experienced by people with civil legal problems. To view the full
range of Guided Pathways, visit the LawAccess
NSW website (26 July 2019).
More...
ICAC public inquiry into lobbying starts Monday
The ICAC's public inquiry into the regulation of
lobbying, access and influence in NSW (Operation Eclipse) will
start next Monday, 5 August 2019 (02 August 2019).
More...
ICAC: Public inquiry into allegations concerning
political donations
The NSW ICAC will hold a public inquiry starting Monday 26
August 2019 as part of an investigation it is conducting into
allegations concerning political donations, the NSW Branch of the
Australian Labor Party (ALP), members of Chinese
Friends of Labor and others (31 July 2019).
More...
ICAC: Operation Ember public inquiry continues Thursday
1 August 2019
The NSW ICAC Operation Ember public inquiry will continue
on 1 August 2019. The inquiry was scheduled to sit on Friday 2
August, and then next week on 8 and 9 August (30 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...
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.
More...
Published - articles, papers, reports
Data is a development issue
Susan Ariel Aaronson; Centre for International Governance
Innovation: 24 July 2019
This paper uses a wide range of metrics to show that most
developing and middle-income countries are not ready or able to
provide an environment where their citizens' personal data is
protected and where public data is open and readily accessible. More...
Evidence-based policing: a survey of police
attitudes
Adrian Cherney, et al: Australian Institute of
Criminology: 23 July 2019
Evidence-based policing (EBP) advocates the use of
scientific processes in police decision-making. This paper examines
results from a survey of officers in the Queensland Police Service
and the Western Australia Police on the uptake of and receptiveness
towards EBP research. More...
Cases
Lemon v Department of Planning and
Environment [2019] NSWCATAD 148
ADMINISTRATIVE REVIEW – Government Information
(Public Access) – application for review by person aggrieved
by decision to refuse to release information – public
interest considerations
Johnston v TAFE NSW [2019]
NSWCATAD 152
ADMINISTRATIVE LAW – freedom of information
– access to information – legal professional privilege
– whether respondent holds further information – access
charges – whether information personal information
DKV v Southern NSW Local Health District
[2019] NSWCATAP 189
Administrative Law – NCAT internal appeal
– Health Privacy Principles – scope of review by
NCAT
Sydney AC Pty Ltd v Commissioner for Fair Trading,
Department of Finance, Services and Innovation
[2019] NSWCATOD 116
ADMINISTRATIVE REVIEW – Home building –
Where respondent decided not to grant application for renewal of
applicant's contractor licence – Where applicant was
subject to Tribunal order which had not been satisfied within
required period – Where applicant had not complied with order
after that period – Meaning of "satisfied"
Dubow v Mid-Western Regional Council
[2019] NSWCATAD 142
ADMINISTRATIVE LAW — Particular administrative
bodies — NSW Civil and Administrative Tribunal –
administrative review jurisdiction – no jurisdiction to
administrative review abatement under s125 of the Local
Government Act 1993 – no jurisdiction to
administratively review impounding of stock under s 116(3) of the
Local Land Services Act 2013
Commissioner of Victims Rights v Dobbie
[2019] NSWCA 183
ADMINISTRATIVE LAW – judicial review –
victim's compensation claim – primary victim of domestic
violence – claim for "severely disabling"
psychological disorder – challenge to rejection by delegate
– whether the delegate attributed incorrect meaning to
"severely disabling" ADMINISTRATIVE LAW – judicial
review – expert psychologists designated by Director –
assessment of disability by designated expert – whether
delegate obliged to follow expert's assessment absent
countervailing evidence – whether delegate's rejection of
assessment manifestly unreasonable APPEAL – leave to appeal
– precondition of grant – small amount at stake in
individual case – relevance to large number of claims –
whether matter of principle or public interest – error
identified without setting aside judgment below
Legislation
Regulations and other miscellaneous instruments
Subordinate Legislation (Postponement of Repeal) Order
2019
(2019-366) — published LW 2 August 2019
Bills introduced - Government
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.
