In the media
Claims of judicial overreach
The New South Wales Bar Association has the highest regard
for the integrity of the judiciary and has concerns about recent
claims in the media of judicial overreach with respect to the
judgment of Preston CJ in Gloucester Resources Ltd v Minister
for Planning (13 February 2019). More...
New South Wales coal mine ruled out due to climate
change, in landmark court decision
Australia’s coal-lump caressing prime minister
won’t speak its name, but a NSW judge has cited climate
change in a landmark ruling on Friday, blocking plans to develop an
open-cut coal mine in the state’s Hunter Valley region (8
February 2019). More...
Social disadvantage and emotional abuse link to repeat
intimate partner violence
A new study by the NSW Bureau of Crime Statistics and
Research (BOCSAR) has found that the odds of being
a repeat victim of intimate partner violence (IPV)
within 12 months are 10 times higher in the most disadvantaged 20
per cent of the Australian population than in the least
disadvantaged 20 per cent. See the report here (11 February 2019). More...
Victims to have their say in forensic mental health
cases in New South Wales
Victims of forensic patients will have a greater
opportunity to be heard in Mental Health Review Tribunal
(MHRT) proceedings following the commencement of
new laws which allow submissions to be made outlining the impact a
forensic patient’s leave or release would have on a victim (4
February 2019). More...
In practice and courts
Law Council of Australia submissions
11 February 2019—Law Council
Review of the foreign lawyers’
regulatory regime
NCAT: New adjournment request form to help
parties
NCAT's Consumer and Commercial Division has developed
a new PDF-fillable form to help parties request an adjournment
(8 February 2019). More...
Online Court – Supreme Court Possession List
The Online Court commenced on 6 February 2019 for matters
in the Common Law Division Possession List. All defended matters
will be eligible for the Online Court unless the registrar
otherwise directs. More...
ICAC: Operation Gerda witness list - Week two
Witness list for the Operation Gerda public inquiry, week
commencing Monday 18 February 2019. Please note that witness lists
are subject to change (15 February 2019). More...
ICAC to hold public inquiry into allegations concerning
University of Sydney and contract security services providers
A public inquiry commenced on Monday 11 February as part
of an investigation it is conducting into allegations concerning
the University of Sydney, its contracted security services provider
Sydney Night Patrol & Inquiry Co Pty Ltd (SNP
Security) and SNP Security’s subcontractor, S
International Group Pty Ltd (SIG)
(Operation Gerda). More...
Practice and procedure: New rule for indexation of
amounts under the Uniform Law
The Legal Profession Uniform General
Amendment (Indexation) Rule 2019, made by the Legal
Services Council pursuant to the Legal Profession Uniform Law, was
published on the Legislation NSW website on 25 January 2019. The
new rule provides the formula for indexation of amounts pursuant to
s 471 Legal Profession Uniform Law, and commences on 1 July
2019.
IPC Reminder: 2018-19 Report on the operation of the
GIPA Act
Under the GIPA Act and the GIPA Regulation, agencies are
required to report annually on their obligations. The 2018-19
annual report is currently being prepared and is due to be tabled
in Parliament.
Published - articles, papers, reports
Explainer:
Workplace monitoring and surveillance
Alexandra Mateescu, Aiha Nguyen; Data & Society
Research Institute: 6 February 2019
This explainer identifies four current trends in workplace
monitoring and surveillance: prediction and flagging tools;
biometrics and health data; remote monitoring and time-tracking;
and gamification and algorithmic management.
Filicide
offenders
Thea Brown, Samantha Bricknell, Willow Bryant,
Samantha Lyneham, Danielle Tyson, Paula Fernandez Arias; Australian
Institute of Criminology: 06 February 2019
This paper describes offenders charged with the murder or
manslaughter of their child(ren) in Australia between 2000–01
and 2011–12 to examine the prevalence of risk factors
documented in the literature among custodial parents, non-custodial
parents and step-parents.
OAICnet
For the latest news about our activities, publications and
other relevant information. The first issue for 2019 is available
here.
Cases
Unions NSW v New South
Wales [2019] HCA 1
Constitutional law (Cth) – Implied freedom of
communication on governmental and political matters – Where s
29(10) of Electoral Funding Act 2018 (NSW)
("EF Act") substantially reduced cap on
electoral expenditure applicable to third-party campaigners from
cap applicable under previous legislation – where third-party
campaigners subject to substantially lower cap than political
parties – where s 35 of EF Act prohibits third-party
campaigner from acting in concert with another person to incur
electoral expenditure exceeding cap – where preparatory
materials to EF Act recommended reduction in cap for various
reasons, including that third parties should not be able to
"drown out" political parties, which should have a
"privileged position" in election campaigns – where
subsequent parliamentary committee report recommended that, before
reducing cap, government consider whether proposed reduced cap
would enable third-party campaigners reasonably to present their
case – where no evidence that such consideration was
undertaken – whether s 29(10) enacted for purpose compatible
with maintenance of constitutionally prescribed system of
representative government – whether s 29(10) necessary to
achieve that purpose – whether necessary to decide validity
of s 35.
Constitution, ss 7, 24.
DKB v Commissioner of Police NSW
Police Force [2019] NSWCATAP 39
ADMINISTRATIVE LAW – Privacy –
exemption – educative and administrative – exemption by
other law – no error of law.
Zonnevylle v Minister for
Education [2019] NSWCATAD 28
ADMINISTRATIVE LAW – Government information –
offences – jurisdiction – reviewable decision -
reasonableness of searches.
Aldi Foods Pty Ltd v Independent
Liquor and Gaming Authority [2019] NSWCATAD
26
ADMINISTRATIVE LAW – Where respondent refused
application for packaged liquor licence – assessment of
overall social impact of granting the licence – whether that
impact will not be will not be detrimental to the well-being of the
local or broader community.
Knightsbridge North Lawyers Pty
Ltd v State of New South Wales (No 2) [2019]
NSWSC 45
ADMINISTRATIVE LAW – Judicial review – whether
appointments of the Chief Commissioner and Commissioners of ICAC
invalid – s 64A Independent Commission Against Corruption
Act 1988 (NSW) – consequence of failing to make a
written referral of the appointment of the Chief Commissioner to
Parliamentary Joint Committee after Independent Commission
Against Corruption Amendment Act 2016 (NSW) came into force
– whether s 64A required Joint Committee to consider referred
appointments for at least a day before making and communicating its
decision and appointments being made – consequence of
consultation required by s 5(2) of the Independent Commission
Against Corruption Amendment Act being undertaken before Chief
Commissioner appointed – appointments valid - application
dismissed – costs.
STATUTORY INTERPRETATION - Transitional provisions – whether
clause 19A of the Amendment (Commissioners) Regulation 2017 (NSW)
valid – whether clause 19A “of a savings or
transitional nature” – effect of s 26 of the
Interpretation Act 1987 (NSW) – regulation
valid.
EVIDENCE — Relevance – opinion required by s 7(c) of
the Subordinate Legislation Act 1995 (NSW) –
presumption of validity – s 45 Interpretation Act
and s 9(1) Subordinate Legislation Act – opinion not
relevant.
EVIDENCE — Privileges — client legal privilege –
whether opinion required by s 7(c) of the Subordinate
Legislation Act 1995 (NSW) privileged under s 118 of the
Evidence Act 1995 – whether the State was a client
of the Attorney or Parliamentary Counsel who gave the opinion
– opinion unlikely to be privileged.
Webber v Racing
NSW [2019] NSWSC 46
ADMINISTRATIVE LAW – Judicial review – grounds
of review – decision by Racing NSW refusing to renew a
trainer’s licence to an experienced thoroughbred trainer
– review of licence renewal application prompted by concerns
stemming from workers compensation proceedings against the same
entity as authorised workers compensation insurer – failure
to disclose internal material adverse to plaintiff including
material concerning workers compensation claims – late
concession by decision-maker that the decision entailed denial of
procedural fairness – whether necessary or appropriate to
determine remaining grounds of review – where decision no
longer operative at time of hearing – utility of relief
sought – discretion to grant declaratory relief –
impact of decision on plaintiff’s reputation and future
applications for a trainer’s licence.
Legislation
Proclamations commencing Acts
Justice Legislation Amendment Act (No 3) 2018 No 87 (2019-70) — published LW 15 February 2019
Regulations and other miscellaneous instruments
Crimes (Administration of Sentences) Amendment (Parole Supervision of Serious Sex Offenders) Regulation 2019 (2019-69) — published LW 13 February 2019
Electoral Funding Amendment (Savings and Transitional) Regulation 2019 (2019-58) — published LW 8 February 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.