In the media
$88 million boost for access to justice
Court cases requiring legal aid will be finalised more
efficiently and effectively with the NSW Government investing an
additional $88 million in Legal Aid NSW, driving a fairer and more
efficient justice system (08 November 2019).
More...
NSW Solicitors welcome funding for legal aid
The Law Society of NSW, which represents the state's
34,000 solicitors, welcomed news of an $88 million funding boost
over four years for legal aid in NSW (08 November 2019).
More...
Report lifts lid on gifts to public sector
agencies
An audit has found a lack of transparency around NSW
public sector gifts and benefits. The report looked at internal
controls and governance at 40 of the state's largest public
sector agencies, including several affected by Machinery of
Government changes that came into effect in July (06 November
2019).
More...
'He's lost everything': Bill Spedding sues
NSW Police
The washing machine repairman who was publicly named as a
person of interest in the high-profile case of missing boy William
Tyrrell has claimed malicious prosecution by NSW Police (04
November 2019).
More...
Anti-corruption heads join forces
Anti-corruption leaders from around the country have
signed a communique calling on public sector leaders to build
organisational cultures that are resistant to corruption and to
increase protection for whistleblowers. The heads of
Australia's anti-corruption commissions say public sector
leaders must take action against corruption (31 October 2019).
More...
Strengthening youth justice security
The NSW Government will strengthen security and establish
dedicated units to house high-risk offenders in line with
recommendations of an independent review into an incident at the
Frank Baxter centre earlier this year (29 October 2019). More...
IPC annual report 2018/19 released
Information and Privacy Commission (IPC)
CEO, NSW Information Commissioner and Open Data Advocate Elizabeth
Tydd released the IPC's Annual Report 2018/19, which also
contains a report on the work of the Privacy Commissioner, Samantha
Gavel for the same period (28 October 2019).
More...
Surveillance device use under more scrutiny
Major crime and corruption lawyer Don McKenzie has been
appointed as the first Surveillance Devices Commissioner in NSW,
Attorney General Mark Speakman announced. The establishment of a
Surveillance Devices Commissioner is part of the NSW
Government's response to the Ombudsman's Operation Prospect
probe into conduct of state law enforcement officers during
investigations between 1999 and 2002 (27 October 2019).
More...
In practice and courts
High Court of Australia
High Court of Australia Bulletin [2019] HCAB 8 (25 October
2019)
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...
IPC Annual Report 2018/19
Information and Privacy Commission (IPC):
Released 28 October 2019
The Annual Report documents the IPC's work and organisational
achievements during the reporting period and outlines the IPC's
focus for the year ahead across both information access and privacy
in NSW. More...
Published – articles, papers, reports
Joining the dots: 2018 census of the Australian health
justice landscape
Suzie Forell, Marie Nagy; Health Justice Australia: 30
October 2019
Health justice partnerships are collaborations that embed legal
help into healthcare settings, joining the dots between the legal
and social problems that make or keep people unwell. More...
What children and young people in juvenile justice
centres have to say
Advocate for Children and Young People (NSW): 29 October
2019
This report details the findings from ACYP consultations with
children and young people in Juvenile Justice Centres between 2015
and 2019. ACYP consulted with young people in detention to inform
the development of New South Wales' first Strategic Plan for
Children and Young People. More...
Cases
DXJ v Health Administration Corporation
[2019] NSWCATAD 230
ADMINISTRATIVE LAW – privacy – health
information – purpose of collection – use or disclosure
– whether purpose of use was the same as the purpose for
which the information was collected
Dempsey v Director of Public Prosecutions
[2019] NSWCA 267
COSTS – order for payment of professional costs
under Criminal Procedure Act 1986 (NSW), s 213 to be "just and
reasonable" – Order for costs under Crimes (Appeal and
Review) Act 2001 (NSW), s 28 to be "just" –
PROCEDURAL FAIRNESS – primary judge failed to inform
applicant that summary nature of the proceedings and fact that a
party is not entitled to recover all of its costs would be taken
into account – whether this constitutes denial of procedural
fairness – JUDICIAL REVIEW – whether exercise of
discretion by primary judge to reduce costs by 30 per cent
constituted jurisdictional error – whether any difference
between "fair and reasonable" and "just and
reasonable" – whether primary judge addressed wrong
question such that jurisdiction conferred by the provision was not
properly exercised
Nielsen v Wingecarribee Shire Council
[2019] NSWLEC 1529
COSTS – judicial review proceedings –
principles governing exercise of discretion to order costs –
costs order made
Seremetis v Department of Communities and
Justice [2019] NSWCATAP
262
ADMINISTRATIVE LAW – government information –
CCTV footage of interior of corrections centre – public
interest test – balancing exercise – nature of
discretionary task – whether tribunal erred in law
Riley v State of New South Wales (Department of
Education) [2019] NSWCATAD
223
ANTI-DISCRIMINATION – racial discrimination –
discrimination against contract workers – whether contract
worker denied access to benefits or subjected to detriment –
whether termination of contract with contract worker's employer
constitutes not allowing the contract worker to work –
whether differential treatment established – racial
vilification – whether laughter and comments at school staff
meeting a "public act" – whether laughter and
comments capable of inciting serious contempt or severe ridicule
– victimisation – whether informal complaints of racial
discrimination made – whether second applicant did anything
under or by reference to Anti-Discrimination Act – whether
respondents subjected second applicant to a detriment
Jackson v University of New South Wales
[2019] NSWCATAD 224
ADMINISTRATIVE LAW – access to government
information – presumed conclusive public interest against
disclosure - client legal privilege – excluded information
– ADMINISTRATIVE LAW – access to government information
– whether the cl 1(e), 1(f), 1(g), 3(a), 3(b) and 3(f) public
interest considerations against disclosure, on balance, outweigh
the public interest considerations in favour of disclosure
Fraser v SafeWork NSW [2019]
NSWCATAD 227
Administrative Law – access to government
information – secrecy provisions - whether disclosure could
reasonably be expected to constitute a contravention any other Act
– whether public interest considerations against disclosure
outweigh public interest considerations in favour of disclosure
DVH v South Eastern Sydney Local Health
District [2019] NSWCATAD
221
PRIVACY – jurisdiction - summary dismissal –
failure to sufficiently identify conduct in breach of privacy
Amos v Central Coast Council
[2019] NSWCATAD 226
ADMINISTRATIVE LAW – freedom of information —
access to information – GIPA – confidential information
– third party objections - personal information –
reasonableness of searches – scope of access application
Legislation
Regulations and other miscellaneous
instruments
Uniform
Civil Procedure (Amendment No 92) Rule 2019 (2019-534) –
published LW 8 November 2019
The object of this Rule is to amend the Uniform Civil Procedure
Rules 2005 to provide for rules concerning interpreters based on
the Model Rules set out in the Recommended National Standards for
Working with Interpreters in Courts and Tribunals prepared by the
Judicial Council on Cultural Diversity
Service
NSW (One-stop Access to Government Services) Amendment (Delegation)
Regulation 2019 (2019-527) – published LW 1 November
2019
Surveillance
Devices Amendment (Body-Worn Recording Devices) Regulation 2019
(2019-520) – published LW 28 October 2019
Environmental Planning Instruments
State
Environmental Planning Policy Amendment (Data Storage) 2019
(2019-537) – published LW 8 November 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.