In the media
Health privacy gets its own guide
The Office of the Australian Information Commissioner
(OAIC) has released a
new guide to health privacy to help keep patients' personal
information safe. The guide brings together a wide range of OAIC
advice for all health service providers covered by the Privacy
Act 1988 (10 October 2019).
More...
'Robodebt' practices are flawed and causing
harm, ALA tells senate committee
Centrelink's Automatic Debt Raising and Recovery
System, known as 'robodebt', is flawed and is causing
serious harm in the community, the Australian Lawyers Alliance told
the Senate Community Affairs Committee inquiry into the Centrelink
Compliance Program (09 October 2019).
More...
Birth certificates changing lives
Nearly 1,000 people from vulnerable and Indigenous
communities have benefited from free birth certificates in 2018-19,
helping them to access potentially life changing services (08
October 2019).
More...
HRLC: NSW anti-protest laws will damage democracy
NSW parliament should not pass a proposed law that would
unfairly and unreasonably impact on peoples' freedom to
peacefully protest (03 October 2019).
More...
The NSW Information Commissioner Right to Know Week NSW
2019
The NSW Information Commissioner released the results of
the NSW Community Attitudes research to Government Information and
launches a Citizen Checklist in Right to Know Week NSW 2019 (02
October 2019).
More...
HRLC: Attorney-General's announcement provides cold
comfort on press freedom
Journalists and whistleblowers will continue to face
prosecution and jail time for revealing government misconduct and
abuse, despite the Attorney-General's announcement, warned the
Human Rights Law Centre (01 October 2019).
More...
In practice and courts
Administrative Law – Practice Support
The NSW Court of Appeal has published a new resource for
practitioners on administrative law (October 2019). More...
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 and update any
weblinks and bookmarks. The website closure is part of the
Board's integration into NSW Fair Trading.
NSW IPC checklist: Tips for framing your information
access application
The released checklist includes key information that is
often overlooked by applicants and can potentially cause their
application to be rejected specifically due to an unreasonable and
substantial diversion of resources for the agency (02 October
2019).
More...
Published - articles, papers, reports
Cabinet Handbook – 13th edition
Department of the Prime Minister and Cabinet (Australia):
08 October 2019
This handbook is designed to ensure that the Cabinet observes
conventions and principles and fulfils its central purpose of
informed decision-making. More...
The Australian Academy of the Humanities submission to
the Senate Legal and Constitutional Affairs Reference
Committee Inquiry into Nationhood, National Identity and
Democracy;
Australian Academy of the Humanities: 01 October 2019
This resource is the Australian Academy of the Humanities
submission to the Senate Legal and Constitutional Affairs Reference
Committee Inquiry into Nationhood, National Identity and Democracy.
More...
DASSH response to the Parliamentary Inquiry into
Nationhood, National Identity and Democracy (2019)
Australasian Council of Deans of Arts, Social Sciences and
Humanities: 30 September 2019
This response will focus on the role of HASS education in
promoting, strengthening and securing the ongoing stability of
democracy and democratic values in the Australian nation. More...
Legal framework for Defence administrative inquiries
into a 'matter concerning the Defence Force': A quick
guide
APH Law and Bills Digest Section: 02 October 2019
This paper sets out the four different methods of conducting a
general administrative inquiry into 'a matter concerning the
Defence Force'. The first two methods are internal inquiries
used by, and subject to, the ordinary chain of command. The last
two methods are independent inquiries external to the ordinary
chain of command.
More...
Cases
Paul Farrell and Department of Home
Affairs (No 6) [2019] AICmr 66
FREEDOM OF INFORMATION – whether documents
contain deliberative matter prepared for a deliberative purpose
– Whether disclosure of personal information unreasonable
– Whether contrary to the public interest to release
conditionally exempt documents – Freedom of Information
Act 1982 (CTH) ss 11A(5), 47C and 47F
Paul Farrell and Department of Home
Affairs (No 5) [2019] AICmr 65
FREEDOM OF INFORMATION – whether disclosure
would disclose commercially valuable information – Whether
disclosure would have a substantial adverse effect on the proper
and efficient conduct of the operations of an agency –
Whether disclosure of personal information unreasonable –
Whether contrary to public interest to release conditionally exempt
documents – Freedom of Information Act 1982(CTH) ss
11A, 47, 47E(d) and 47F
Taylor v Department of Health
[2019] FCA 1588
HUMAN RIGHTS – application for interlocutory
injunctive relief in relation to claims of disability
discrimination and adverse actions arising from the Department of
Health 's treatment of an application for registration in the
Australian General Practice Training Program – objection to
competency on the basis the Court does not have jurisdiction
– claims brought under the Disability Discrimination Act
1992 (Cth) and Fair Work Act 2009 (Cth) – no
employment or prospective employment relationship – no
termination of the disability discrimination complaint by the
President of the Australian Human Rights Commission – whether
jurisdiction under s 39B(1A)(c) of the Judiciary Act 1903
(Cth) – objection to competency upheld
Burns v Gaynor (No. 2) [2019]
NSWDC 552
TORT – defamation – remedies for Facebook
publications – plaintiff brings proceedings for defamation
(in the District Court) and for remedies under the
Anti-Discrimination Act 1977 (NSW) (in the NCAT) against a
Facebook account holder the first defendant) and against the second
defendant for his part of the publication on the first
defendant's Facebook page – publication pleaded as being
downloaded by four of the other participants in the Facebook debate
– plaintiff obtains damages award in the NCAT and settles his
claim in the defamation proceedings against the first defendant,
who was the Facebook account holder – remaining defendant
seeks dismissal of the claim as an abuse of process –
plaintiff seeks summary dismissal of the defence – whether
action liable to be dismissed as an abuse of process on the grounds
of proportionality –whether multiple proceedings for
different causes of action arising from the same publication may
amount to abuse of process – whether the court resources
required to determine the claim will be out of all proportion to
the interest at stake – trial issues may include
consideration of overlapping heads of damage and s 38 Defamation
Act issues – likelihood that damages awarded would be very
small – proceedings dismissed on the principles of
proportionality
Port Macquarie-Hastings Council v Waite
[2019] NSWLEC 146
CRIMINAL OFFENCES – voir dire as to the
admissibility of a record of interview in criminal proceedings
– whether evidence inadmissible by reason of a failure of the
council to advise the accused of his privilege against
self-incrimination as required under statute – whether
accused required to answer questions or whether interview
voluntary.
EVIDENCE – whether record of interview was illegally or
improperly obtained – whether admissions contained in record
of interview should be excluded on discretionary grounds.
La Valette v Chambers-Grundy
[2019] NSWSC 1355
CIVIL PROCEDURE – issue of notice to produce
documents recording communications with overseas medical
practitioners – whether merely a fishing expedition
PRIVATE INTERNATIONAL LAW – application for leave to serve
subpoenas and accompanying letters of request in Bermuda, Nevada,
Florida and California for production of medical records –
whether jurisdiction pursuant to the Hague Evidence Convention or
inherent jurisdiction of the court
Zoran Divis v Georgia Knight & Ors
[2019] NSWSC 1344
Dismissal of proceedings, Judicial Immunity, Witness
Immunity, Police Officers as Defendants
Commandeur v Building Professionals Board
[2019] NSWCATOD 152
ADMINISTRATIVE REVIEW – accredited certifier
– findings of unsatisfactory professional conduct –
disciplinary orders
Fisher v Commissioner of Police, NSW Police
Force [2019] NSWCATAD 205
ADMINISTRATIVE LAW – Freedom of Information
– access to information – scope of the application
– personal information – sufficiency of searches
– prejudice to future supply of information from informants
– prejudice to prevention, detection or investigation of a
contravention or enforcement of the law
DRO v South Coast Medical Aboriginal
Corporation [2019] NSWCATAD 204
ADMINISTRATIVE LAW – review under section 245
Children and Young Persons (Care and Protection) Act 1998
(NSW) – child protection – care and protection of
children – cancellation of authorisation as an authorised
carer
Ekila v Commissioner of Police, NSW Police
Force [2019] NSWCATOD 150
ADMINISTRATIVE REVIEW – occupational licensing
– security licence – revocation – whether
applicant fit and proper person – whether contrary to public
interest for applicant to hold a security licence
Legislation
Regulations and other miscellaneous instruments
Administrative
Arrangements (Administration of Acts—Amendment No 2) Order
2019 (2019-495) – published LW 11 October 2019
Civil
and Administrative Tribunal (Amendment No 6) Rule 2019
(2019-496) – published LW 11 October 2019
Rule 42 Inspections of documents in Registry Insert "(other
than a sound recording)" after "record" in paragraph
(d) of the definition of public access document in rule 42(8)
Education
Amendment (Non-Government Schools) Regulation 2019 (2019-497)
– published LW 11 October 2019
Law
Enforcement (Powers and Responsibilities) Amendment (Custody
Notification Service) Regulation 2019 (2019-500) –
published LW 11 October 2019
Civil
Liability (Non-economic Loss) Amendment Order 2019 (2019-485)
– published LW 1 October 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.
