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

In the media

Replacement identity documents for people affected by bushfires
People who lose important identity documents in the bushfires can have them replaced for free to help them recover as quickly as possible, NSW Attorney General Mark Speakman and Minister for Customer Service Victor Dominello announced (22 November 2019). More...

Robodebt under review
The government will no longer rely entirely on automated processes to chase welfare debt after a backdown on the controversial robodebt system. Critics say it resulted in errors, incorrect debts and unnecessary hardship for welfare recipients (19 November 2019). More...

Govt targets foreign interference on campus
Universities will have to inform the government of any identified risk of foreign interference under new guidelines developed across both sectors. Interference risks identified in the guidelines include cyber attacks; attempts to direct research; intellectual property theft and moves to steal away researchers and academic staff (18 November 2019). More...

Make your mark on graffiti laws
A review of NSW's graffiti laws is giving people across the State the opportunity to make their on mark in shaping these laws for the future (18 November 2019). More...

In practice and courts

ACICA launch Australian Arbitration Survey
ACICAhas launched theAustralian Arbitration Surveyto gather empirical evidence from practitioners as what works in arbitration and what can be improved on. To take the survey it is necessary to first obtain a respondent number from ACICA. More...

AAT Bulletin
The AAT Bulletin is a weekly publication containing a list of recent AAT decisions and information relating to appeals against AAT decisions, including immigration and citizenship
Issue No. 46/2019,18 November 2019. More...

Law Council of Australia: Submissions
13 November 2019— Law Council. More...

What does open government mean to you: Open Government Partnership (OGP)
OGP is about governments and civil society groups committing to work together to make sure governments are transparent, responsive and accountable to the public Your input will help gain a better understanding of community attitudes to open government and inform the next OGP National Action Plan. More information is available on the Open Government Partnership Australia website (12 November 2019). More...

JUDCOM: Civil Trials Bench Book — Update 40
20 November 2019 - Update 40 to the Civil Trials Bench Book contains amendments to:
[1-0240] Broadcast of judgments and [1-0400] The principle of open justice. More...

JUDCOM: The Bar Book Project? is launched
The Public Defenders NSW launched the Bar Book Project on 8 November 2019. The Bar Book is hosted on the Public Defenders' website. The Bar Book Project has developed chapters of research relating to experiences of disadvantage and deprivation. The purpose of this resource, for legal practitioners, is to assist in the preparation and presentation of evidence to establish the application of the Bugmy v The Queen (2013) 249 CLR 571 principles (19 November 2019). More...

NSW IPC: Statement relating to Mobile Phone Detection Cameras
The NSW Privacy and Personal Information Protection Act 1998 (PPIP Act) provides the overarching legislative framework for NSW government agencies holding personal information. More...

DCJ NSW: Free diary gives seniors 2020 knowledge
NSW seniors are encouraged to pick up a copy of the free 2020 Legal Topics for Older Persons Diary to help them understand their legal rights and navigate the justice system (19 November 2019). More...

NSW Justice: Review of the Graffiti Control Act 2008
The Department of Communities and Justice is seeking feedback on the Graffiti Control Act 2008 to determine whether the policy objectives of the Act remain valid and if its terms remain appropriate for securing those objectives. Submissions close on 15 December 2019. More...
Decisions of interest: Practice support
The NSW Court of Appeal has published its latest Decisions of Interest Bulletin on the Court of Appeal website(November 2019). More...

Published – articles, papers, reports

Maintaining Trust in the Parliamentary Process — PACs and Officers of the Parliament
ANAO: 22 November 2019
The Auditor-General, Grant Hehir, delivered a presentation to the 15th Biennial Australasian Council of Public Accounts Committees (ACPAC) Conference held at Parliament House, Canberra, on 7 November 2019. The presentation was titled Maintaining Trust in the Parliamentary Process — PACs and Officers of the Parliament. More...

Implementation of recommendations
ANAO: 14 November 2019
This edition of audit insights considers the approaches entities are taking to implement recommendations to improve public administration practices and outcomes. More...

19th Copyright Law and Practice Symposium 2019
Creativity. Innovation. Modernisation: 15 November 2019
The 2019 Symposium was a resounding success, with over 200 people attending over 2 days. More...

Deportation and sentencing: an emerging area of jurisprudence
Paul McGorrery; Sentencing Advisory Council (Vic): 19 November 2019
This report examines how sentencing courts deal with an offender's potential deportation from Australia. It summarises the ways that potential deportation can affect an offender's sentence. More...

NSW trends in the age-specific rates of offending, 1995 – 2018
BOSCAR: 20 November 2019
Crime falls due to reduction in youth offending. More...

Skewed priorities – comparing the growth of prison spending with police spending
Andrew Bushnell; Institute of Public Affairs: 19 November 2019
This report was originally released in June 2019. The author has released this updated version to correct some errors in the underlying data. More...

Evidence based policy research project: 20 case studies 2019
Matthew Lesh; Institute of Public Affairs: 15 November 2019
The aim of this project was to coax more evidence-based policy decisions by all tiers of government by reviewing and rating 20 high profile government decisions against the Wiltshire business case criteria. More...

Guidelines to counter foreign interference in the Australian university sector
University Foreign Interference Taskforce; Department of Education (Australia): 14 November 2019
These guidelines have been developed for, and in partnership with, the Australian university sector, to help manage and engage with risk to deepen resillience against foreign interference. They are designed to build on risk management policies and security practices already implemented by many Australian universities. More...


Da Silva v Building Professionals Board [2019] NSWCATOD 177
ADMINISTRATIVE REVIEW – accredited certifier – whether construction certificate plans inconsistent with development consent – whether development consent authorised variations – finding of unsatisfactory professional conduct – appropriate penalty

Council of the City of Ryde v Azizi [2019] NSWSC 1605
ADMINISTRATIVE LAW – jurisdictional error – judicial review of Determinations of Compensation issued by the Valuer-General under s 47 of the Land Acquisition (Just Terms Compensation) Act 1991 (NSW) – whether the Determinations with respect to underlying zoning and development standards lacked probative evidence and were legally unreasonable – whether the Determinations with respect to the comparable sales method of valuation were legally unreasonable – not legally unreasonable – impermissible merits review – no jurisdictional error
ADMINISTRATIVE LAW – jurisdictional error – whether there was power to award certain disturbance costs under s 59(1)(a) of the Land Acquisition (Just Terms Compensation) Act 1991 (NSW) – where the Valuer-General misdirected himself to the date from which disturbance costs were claimable in accordance with Hoy v Coffs Harbour City Council [2016] NSWCA 257 – whether the legal error made by the Valuer-General in making the Determinations has the consequence that the Determinations are liable to be set aside for jurisdictional error – jurisdictional error – Determinations set aside – declaration made
CIVIL PROCEDURE – stay – orders made by consent staying the legal effect of the Valuer-General's Determinations until the final disposition of the proceedings – whether the Court can stay the operation of an Act
COSTS – party/party – issues severable – first and second defendants successful on 70 per cent of issues in the case – plaintiff to pay 30 per cent of the first and second defendants' costs

Ashworth v Terrill [2019] NSWSC 1596
ADMINISTRATIVE LAW – procedural fairness – notice not given by Registrar General when primary application made by neighbour to bring land under Real Property Act 1900 (NSW) – relief granted

CJU v Northern Sydney Local Health District [2019] NSWCATAD 236
ADMINISTRATIVE LAW – privacy – whether an application for internal review has been made – whether the alleged conduct is established – alleged disclosure and use of personal information – alleged disclosure to legal representative and employee - judicial functions exemption.

Sneesby v Shoalhaven City Council [2019] NSWCATAD 234
FREEDOM OF INFORMATION - consultation with third parties – personal information – prejudice to court proceedings or right to procedural fairness


Bills revised following amendment in Committee – 22 November 2019
Justice Legislation Amendment Bill (No 2) 2019

Bills passed by both Houses of Parliament – 22 November 2019
Electoral Funding Amendment (Cash Donations) Bill 2019
Gambling Legislation Amendment (Online and Other Betting) Bill 2019
Justice Legislation Amendment Bill (No 2) 2019

Bills introduced Non-Government – 15 November 2019
Privacy and Personal Information Protection Amendment (State Owned Corporations) Bill 2019

Bills revised following amendment in Committee
Fines Amendment Bill 2019
Right to Farm Bill 2019

Bills passed by both Houses of Parliament
Electoral Funding Amendment (Local Government Expenditure Caps) Bill 2019
Fines Amendment Bill 2019
Right to Farm Bill 2019
Statute Law (Miscellaneous Provisions) Bill (No 2) 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

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
Font Size:
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 (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

To Use 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.


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.


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