Australia: NSW Government Bulletin: in the media, in practice and courts, published articles, papers and reports, cases and legislation

Last Updated: 8 October 2019
Article by Christine Jones and Kim Nguyen
Most Read Contributor in Australia, September 2019

In the media

ARLC: Abortion no longer a crime in NSW
NSW Parliament has passed historic laws decriminalising abortion. Women in NSW will finally have the freedom to decide what is right for their bodies without fear of criminal prosecution (26 September 2019). More...

Right to Know essential to democracy in a digital world
Information Access Commissioners and Ombudsmen from across Australia and New Zealand are urging government agencies to do more to make information available for the benefit of citizens (26 September 2019). More...

Lapse of NSW terror offence 'embarrassing'
The NSW government has been criticised for allowing anti-terror legislation to lapse in an "embarrassing" oversight. The upper house on Wednesday considered the Justice Legislation Amendment Bill 2019, which includes changes to reinstate the offence of membership of a terror organisation (25 September 2019). More...

Conflict of interest guidelines updated
The Governance Institute of Australia has updated its public sector guidelines for managing conflict of interest, taking into account new recommendations by the NSW Independent Commission Against Corruption (23 September 2019). More...

New Sheriff's Officers to keep law in order
Eighteen new Probationary Sheriff's Officers joined the NSW Sheriff's Office today, having taken their oaths to begin new careers, protecting our courts and those who use them, across 11 regional locations and three courthouses in Greater Sydney (20 September 2019). More...

Slavery in modern Australia': Sacked Uber Eats worker's case challenges gig economy
A delivery driver suing Uber Eats for underpayment and unfair dismissal has found support from the union movement, which says it is time to treat gig workers as employees (16 September 2019). More...

CCTV to capture crooks on candid camera
Criminals will soon be under the scrutiny of up to a thousand electronic eyes as the NSW Government rolls out high-definition CCTV to help protect local businesses in western Sydney (16 September 2019). More...

NSW farm trespass bill criticised for turning into a crackdown on the right to protest
A New South Wales farm trespass bill has been criticised by civil liberties organisations, environment groups and unions for turning into "a crackdown on people's rights to protest". More...

In practice and courts

IBA report: Legal Eexpenses insurance and access to Justice
The prohibitive cost of legal advice and representation affects access to justice in all jurisdictions, regardless of the level of economic development. The International Bar Association has published a report, Legal Expenses Insurance and Access to Justice, which examines the areas of law, services provided, limits of indemnity and excesses available in countries as varied as Germany, Japan, Australia, England and Wales and South Africa (September 2019).

LSC: Call for submissions - Managed Investment Scheme Review of Uniform General Rules
The Legal Services Council has commenced its review of the Managed Investment Scheme Uniform General Rules 91A-91D and is seeking submissions from interested parties until 3 October 2019. You can find more information here.

HCA Bulletin
The High Court Bulletin is compiled approximately once a month, from February to December after each Court sitting - See High Court of Australia Bulletin [2019] HCAB 07 (24 September 2019)

Reminder: Practice Directions - High Court of Australia, No 1 of 2019
Reminder: This Practice Direction takes effect in relation to matters set down for hearing after 1 October 2019. In consultation with the respondent and any interveners, the appellant must prepare a joint book of the authorities which reference will be made during the course of oral argument at the hearing of the appeal. More...

OAIC Guide to privacy regulatory action
Guide to privacy regulatory action has been updated to provide greater clarity about matters considered by the Commissioner regarding enforceable undertakings and independent experts. The update follows a review of similar policies and enforceable undertakings in relation to other regulatory areas within the Commonwealth (28 August 219). More...

Supreme Court Practice Notes
SC EQ 9 Practice Note SC EQ 9 - Commercial Arbitration List – 26 September 2019
This replaces the previous version of the PN issued 10 December 2008 and commenced 23 September 2019

NSW Fair Trading
The Building Professionals Board's website will permanently close from 2 October, and visitors will be redirected to the NSW Fair Trading website. You're encouraged to visit the certifier section of the NSW Fair Trading website today and update any weblinks and bookmarks. The website closure is part of the Board's integration into NSW Fair Trading.

NSW IPC: Right to Know Week NSW
Right to Know Day (RTK) is an international annual event to be held on 28 September aims to increase awareness of individuals' right of access to government information and open, transparent governance. More...

NSW Courts Decisions of Interest
The NSW Court of Appeal has just published its latest Decisions of Interest Bulletin on the Court of Appeal website. Learn more here (26 September 2019).

Published - articles, papers, reports

The revolving door between government and the alcohol, food and gambling industries in Australia
Narelle Robertson, Gary Sacks, Peter Miller; Public Health Research & Practice: 25 September 2019
More than one-third of people registered on the Australian government Register of Lobbyists have previously been government representatives. This article aims to explore the incidence of the 'revolving door' phenomenon, whereby individuals move between positions in government and positions in the Australian alcohol, food and gambling industries. More...

Cases

DQP v Commissioner of Police, NSW Police Force [2019] NSWCATAD 201
ADMINISTRATIVE LAW - Privacy – Personal Information – disclosure – whether respondent exempt from privacy provision – whether safeguards sufficient – whether nature of action taken sufficient – evidence to establish loss and damage – insufficiency of evidence – nature of evidence.

Youssef Nouh v Commissioner for NSW Fair Trading [2019] NSWSC 1303
ADMINISTRATIVE LAW – judicial review – Property, Stock and Business Agents Act 2002 (NSW) ss 118(2) and 222 – where a delegate of the Commissioner for NSW Fair Trading had power to issue a direction to freeze an account – whether form of direction complied with the requirements of the Act – whether there was a requirement to afford procedural fairness before or after giving the direction – whether the direction was invalid because it was unreasonable; HELD: direction valid

Flevotomos v Independent Liquor and Gaming Authority (No 2) [2019] NSWCATAD 184
ADMINISTRATIVE REVIEW – liquor licensing – former licensee banned for life from holding a liquor licence – whether condition prohibiting former licensee from attending the licensed premises and having an involvement with the business should be imposed.

DSM v NSW Trustee and Guardian [2019] NSWCATAD 193
ADMINISTRATIVE LAW – review under section 62 NSW Trustee and Guardian Act 2009 (NSW) – Trustee and Guardian - interests and welfare of protected person – whether to sell a protected persons property – financial management order

Cappello v Roads and Maritime Services [2019] NSWCA 227
ADMINISTRATIVE LAW – compulsory acquisition of property for the purpose of the construction of a tollway – validity of proposed acquisition notices issued – statutory authority of RMS to acquire land under s 177 of the Roads Act 1993 (NSW) STATUTORY INTERPRETATION – Roads Act 1993 (NSW), s 177 – meaning of "the purposes of this Act" – whether "the purposes of this Act" are confined to the objects described in s 3 of the Act

Legislation

Bills

Regulations and other miscellaneous instruments
Liquor Amendment (Miscellaneous) Regulation (No 2) 2019 (2019-463) — published LW 20 September 2019

Bills introduced Government – 27 September 2019
Road Transport Amendment (Mobile Phone Detection) Bill 2019

Bills passed by both Houses of Parliament – 26 September 2019
Justice Legislation Amendment Bill 2019
Reproductive Health Care Reform Bill 2019

Bills assented to
Justice Legislation Amendment Act 2019 No 10 — Assented to 26 September 2019

Queensland

Bills

Child Death Review Legislation Amendment Bill
Introduced by: Hon Y D'Ath MP on 18/09/2019
Stage reached: Referred to Committee on 18/09/2019
The policy objective of the Amendment Bill is to implement the recommendation of the Queensland Family and Child Commission report entitled 'A systems review of individual agency findings following the death of a child', and give effect to the Government's commitment to develop a new, independent model for reviewing child death cases.

Police Powers and Responsibilities and Other Legislation Amendment Bill
Introduced by: Hon M Ryan MP on 18/09/2019
Stage reached: Referred to Committee on 18/09/2019

Electoral (Voter's Choice) Amendment Bill
Introduced by: Mr D Janetzki on 18/09/2019
Stage reached: Referred to Committee on 18/09/2019

Victoria

Acts

Victorian Independent Remuneration Tribunal and Improving Parliamentary Standards Act 2019
Act Number: 5/2019 - Sections 48-54, 56-60, 62, 80-82 of this Act came into operation on 16 September 2019 s. 2(4)Sections 48-54, 56-60, 62, 80-82 of this Act came into operation on 16 September 2019 s. 2(4)

Children Legislation Amendment Act 2019
Act Number: 30/2019 Date of assent: 17 September 2019

Legal Profession Uniform Law Application Amendment Act 2019
Act Number: 31/2019 Date of assent: 17 September 2019

Statutory Rules
No 83 Victorian Independent Remuneration Tribunal and Improving Parliamentary Standards Amendment Regulations 2019
No 87 Magistrates' Court General Amendment Regulations 2019

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