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

Last Updated: 31 August 2019
Most Read Contributor in Australia, October 2019

In the media

Whole-of-Government Legal Services Panel commences
The Morrison Government has launched a new era in the provision of legal services to the Commonwealth, with the commencement of the first Whole of Government Legal Services Panel. The Panel, comprising more than 60 specialist legal providers from across Australia and across a wide range of service expertise, will provide the bulk of the Commonwealth's external legal services until 2024 (16 August 2019). More...

'Creeping crisis' of legitimacy for Australian Public Service
Australia's public sector faces a "creeping crisis" of effectiveness and legitimacy caused by blunt management tools and cultural inertia, according to a wide-ranging survey of public servants (15 August 2019). More...

Mining giant loses fight to keep Paradise Papers revelations out of ATO's reach
Australia's biggest coal producer, Glencore, loses a High Court bid to have documents linked to its offshore financial arrangements kept out of reach of the Australian Tax Office (ATO) by invoking legal privilege (14 August 2019). More...

Chatbot to make solving legal issues simple
The NSW Government will invest $250,000 into designing and building a chatbot that will help vulnerable people solve common legal problems with speed and ease, Attorney General Mark Speakman announced. Marrickville Legal Centre will pioneer the technology after becoming the first recipient of a grant from the government's new Access to Justice Innovation Fund (14 August 2019). More...

AFP won't rule out charging journalists in leak investigations
Journalists who published stories based on leaked, highly classified information and were later raided by the Australian Federal Police could still be charged, an intelligence committee hearing is told (14 August 2019). More...

National security laws should not unduly limit free press, says Law Council
Disclosure of classified intelligence information by journalists and whistleblowers should only be criminalised if it can be proven there is a real threat to national security, says the Law Council of Australia. In its submission to the PJCIS press freedoms inquiry, the Law Council said currently there was a broad scope of journalistic conduct that may be innocuous but could be caught under espionage, sabotage and foreign interference laws (14 August 2019). More...

Why an Australian charter of rights is a matter of national urgency
If anyone doubts the need for a charter of rights in Australia, the Banerji decision of the High Court handed down demonstrates why legislative protection for our common law freedoms has become a matter of national urgency (13 August 2019). More...

Get the balance right on farm trespass laws, says Law Council
Proposed farm incitement of trespass laws would duplicate existing state and territory provisions and could stifle legitimate public debate, says the Law Council of Australia. While the Law Council recognised trespass, property damage and theft was unlawful and could cause harm to farming properties, all jurisdictions already had laws criminalising the incitement of such conduct (12 August 2019). More...

LSC: Draft Legal Profession Uniform Admission Amendment (Qualifications) Rule 2019 (Draft Rule)
The Legal Services Council has released, for public comment for a period of at least 30 days, the draft Legal Profession Uniform Admission Amendment (Qualifications) Rule 2019 (Draft Rule) in accordance with s 426 of the Uniform Law. The Draft Rule relates to the admission of foreign lawyers in NSW and Victoria, a function performed by the admitting authorities in each State (09 August 2019). More...

It 'doesn't make sense': Judge blasts rule behind Opal Tower class action delay
A multi-million-dollar class action by owners of units in the notorious Opal Towers against the NSW Government faces a month-long delay due to a historical practice note a Supreme Court judge says "doesn't make sense" (09 August 2019). More...

Last offender sentenced for the terrorist killing of Curtis Cheng
One of the CDPP's most high-profile and important series of cases came to a close when Mr Mustafa Dirani (25) was sentenced for his role in the act of terrorism which resulted in the death of NSW Police accountant, Mr Curtis Cheng (09 August 2019). More...

Accessible reproductive healthcare must be the priority as NSW moves closer to decriminalising abortion
The passage of the NSW Reproductive Healthcare Reform Bill through the Legislative Assembly is a long awaited step towards decriminalisation of abortion in NSW (09 August 2019). More...

BOSCAR: The effect of Lockout laws on assault: Latest data
The Bureau of Crime Statistics and Research has updated our evaluation of the Lockout laws on assaults in Sydney for an extended follow up period. Commenting on the findings, acting executive director of BOCSAR, Jackie Fitzgerald said that while the Lockout reforms have reduced assaults, their benefit is diminishing over time (09 August 2019). More...

OAIC joins with global privacy regulators to call for more information from the Libra Network
International data protection and privacy regulators are calling on Facebook and the Libra Network to explain how they will secure and protect personal information as part of their global cryptocurrency project (06 August 2019). More...

Multicultural students learn about their legal rights
The annual court open days offered the newly-arrived migrants and refugees the opportunity to learn about the NSW justice system and how courts operate in NSW (06 August 2019). More...

In practice and courts

High Court Practice Direction 1 of 2019
The High Court has recently issued a new practice direction, which applies to matters set down after 1 October 2019. More...

High Court (2020) Sittings Rules 2019
The High Court has provided a copy of the Rule of Court appointing the High Court sittings for 2020. The Rule of Court appoints the Full Court sittings to be held in Canberra throughout the year and the days on which special leave applications will be heard. Sittings of the Court will continue to be held in Adelaide, Brisbane, Hobart and Perth as required (August 2019).

Attorney General: Purchasing legal services - Whole of Australian Government Legal Services Panel
The Whole of Australian Government Legal Services Panel commenced on 15 August 2019.
The panel consists of five broad Areas of Law, comprising a number of Practice Areas as set out here.

Federal Court of Australia: Notice to the Profession regarding Use of Junior Counsel
The Hon J L B Allsop AO, Chief Justice of the Federal Court of Australia, has issued a Notice to the Profession on the use of Junior Counsel. The note indicates that the Federal Court of Australia encourages the active participation of junior counsel where two counsel are briefed for a party (12 August 2019). More...

LSC Public consultation: Proposed new rules regarding practice administration
The Legal Services Council (LSC) invites public comment on the draft Legal Profession Uniform Amendment (Miscellaneous) Rule 2019 (Draft Rule) in accordance with s 425 of the Uniform Law. More...

Government to consult on proposal to establish a single personal injury tribunal
The Minister for Customer Service has announced the Government's support for the establishment of a single personal injury tribunal to hear workers compensation and compulsory third party disputes. The Minister has also announced that the Government will be conducting a consultation process regarding an appropriate model for the new tribunal (09 August 2019). More...

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). More...

ICAC public inquiry into lobbying starts
The ICAC's public inquiry into the regulation of lobbying, access and influence in NSW (Operation Eclipse) started on 5 August 2019. More...

ICAC: Public inquiry into allegations concerning political donations
The NSW ICAC will hold a public inquiry starting 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. 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 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. 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

The effect of lockout and last drinks laws on non-domestic assaults in Sydney: An update to March 2019
Neil Donnelly, Suzanne Poynton
NSW Bureau of Crime Statistics and Research: 08 August 2019
This research set out to examine the long term impact of the 2014 NSW liquor law amendments on non-domestic assaults in Kings Cross, the Sydney CBD and surrounding areas. As in previous studies, a significant reduction in non-domestic assaults in the Kings Cross and Sydney CBD precincts was revealed. More...

Cases

Edwards v Commissioner for Fair Trading, Department of Finance, Services and Innovation [2019] NSWCATAP 208
APPEAL – licensing and regulation – leave to appeal on a ground other than a question of law – whether Tribunal's decision unjust – whether significant new evidence had arisen since the hearing below
ADMINISTRATIVE LAW - practice and procedure - Agency's duty to produce documents under s 58 Administrative Decisions Review Act 1997.

Alajmi v Macquarie University [2019] NSWSC 1026
ADMINISTRATIVE LAW – reviewability – justiciability – subject matter of power or decision – matter of academic judgement – decision by a university thesis supervisor not to certify that a doctoral thesis met the University's preparation requirement that the thesis was the student's "own work" – findings of an investigatory panel into allegations of plagiarism against the student taken into account – not an exercise of public power – impermissible merits review
ADMINISTRATIVE LAW – legal unreasonableness – whether the "non-certification decision" and the panel's findings were legally unreasonable – Briginshaw standard did not apply – inferences made were reasonably open and logically available – not legally unreasonable – no irrelevant consideration – no apprehended bias – no impermissible fetter of discretion or subjugation of state of satisfaction
CONTRACTS – implied terms – parties agreed to be bound by the University's By-laws and Rules – no term that the parties also agreed to be bound by the University's Code, Policy and Procedure should be implied
CONTRACTS – legal unreasonableness – alleged failure to exercise a unilateral contractual discretion reasonably – "non-certification decision" not legally unreasonable
ESTOPPEL – estoppel by convention – mutual assumption – assumptions not supported by the evidence
ESTOPPEL – estoppel by representation – detrimental reliance – representations not made – representations not relied upon.

Saul v Department of Fair Trading [2019] NSWCATAD 161
ADMINISTRATIVE LAW – disciplinary decisions – whether fit and proper person to hold a licence Administrative Decisions Review Act 1997 (NSW); Property Stock and Business Agents Act 2002 (NSW).

DQN v University of Sydney [2019] NSWCATAD 159
ADMINISTRATIVE LAW – freedom of information – access to information concerning a preliminary assessment report of a complaint made by the applicant – whether there is public interest against the disclosure of the information sought and on balance, that public interest against disclosure overrides the public interest in favour of disclosure – confidential information – personal information of a person other than the applicant.

DMW and DMX v NSW Rural Fire Service [2019] NSWCATAD 158
Administrative Law – privacy and personal information whether collection of personal information – use of personal information – disclosure of personal information - whether agency exempt from compliance with information protection principle - law enforcement purposes.

Lilli v Building Professionals Board [2019] NSWCATOD 119
The respondent is to refund the balance of $5,000.00 to Mr Lilli within 28 days of this decision.
ADMINISTRATIVE REVIEW – accredited certifier – findings of unsatisfactory professional conduct – disciplinary orders - Administrative Decisions Review Act 1997.

Legislation

Regulations and other miscellaneous instruments
Administrative Decisions Review Regulation 2019 (2019-380) — published LW 16 August 2019
Anti-Discrimination Regulation 2019 (2019-381) — published LW 16 August 2019
Children (Protection and Parental Responsibility) Regulation 2019 (2019-382) — published LW 16 August 2019
Children's Court Regulation 2019 (2019-383) — published LW 16 August 2019
Civil Liability Regulation 2019 (2019-384) — published LW 16 August 2019 Proportionate liability
Crimes (Domestic and Personal Violence) Regulation 2019 (2019-386) — published LW 16 August 2019
Privacy and Personal Information Protection Regulation 2019 (2019-391) — published LW 16 August 2019
Status of Children Regulation 2019 (2019-395) — published LW 16 August 2019
Victims Rights and Support Regulation 2019 (2019-398) — published LW 16 August 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.

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