In the media
Western Australia to adopt uniform law
Australia is a step closer to having a national legal
market, with Western Australia signing a landmark agreement to join
the Legal Profession Uniform Law Scheme, NSW, Victorian and Western
Australian Attorneys General Mark Speakman, Jill Hennessy and John
Quigley announced today (28 February 2019). More...
Working together to improve access to justice for
cross-border communities
The Cross-border justice report, released by Victoria
Legal Aid and Legal Aid NSW, outlines how the commissions will
improve access to legal assistance along the Victorian/NSW border
(28 February 2019). More...
Open justice under examination
The NSW LRC will begin an extensive review of laws that
impact access to court information. The Open Justice Review will
determine whether our laws strike the right balance between
protecting the rights of victims and witnesses, privacy,
confidentiality and the public interest in open justice (28
February 2019). More...
Have your say on national defamation law
The NSW-led process of reforming national defamation laws
has reached another significant milestone with the release of the
Council of Attorneys-General's (CAG)
discussion paper, Attorney General Mark Speakman announced today
(26 February 2019). More...
Attack on State's Judiciary concerning
The Law Society of NSW, which represents the interests of
the state’s 34,000 solicitors, has voiced its concerns about
media criticism of the Chief Judge of the Land and Environment
Court of NSW, including media claims of ‘judicial
overreach’ in relation to a recent and extensive judgment by
the Honourable Chief Judge Brian Preston SC (19 February 2019).
More...
In practice and courts
LSC: Our Annual Reports 2017-2018 now available
Following tabling in both the NSW and Victorian
Parliaments, our 2017-2018 Annual Reports for the
Legal Services Council and the Commissioner for Uniform Legal
Services Regulation are now available (19 February 2019) Inside,
you will find progress reports and comparative data regarding the
Uniform Law. Highlights are outlined here.
High Court of Australia Bulletins
High Court of Australia Bulletin [2019] HCAB 01 (26
February 2019). More...
NCAT new orders: Tenancy law changes for victims of
domestic violence
From 28 February 2019 changes to tenancy laws allow
tenants to end their tenancy immediately and without penalty if
they or their dependent children are in circumstances of domestic
violence. Under the Residential Tenancies Act 2010 NCAT
can make orders following the service of a domestic violence
termination notice. The following application forms have been
updated with the new order types. More...
Public Consultation: Review of model defamation
provisions
The Defamation Working Party is seeking feedback on
defamation law in Australia, to assess how the legal principles
apply in the digital age and identify areas for national reform.
Submissions close on 30 April 2019. More...
NSW Court Appointments
27 February 2019 New Magistrate and Court Circuit for
Grafton
27 February 2019 New Magistrate and Court Circuit for
Muswellbrook
NSW LRC: Open Justice Review - Court and tribunal
information: access, disclosure and publication
The Attorney General has asked us to review the operation
of suppression and non-publication orders and access to information
in NSW courts and tribunals. See the Terms of reference. The deadline for
preliminary submissions is Friday 31 May 2019. Information
about making a submission may be found on our website: Making a submission (28 February
2019).
IPC: GIPA Act report reveals information access
applications and proactive release by agencies on the rise in
2017/18
The NSW Information Commissioner has released the eighth
annual Report on the operation of the GIPA Act 2017 –
2018 (28 February 2019). More...
JUDCOM: Sexual Assault Trials Handbook Update 23
published
15 February 2019 - Update 23 of the Sexual Assault Trials
Handbook includes: [1-040] Meaning of “consent”
Following the commencement of the relevant provisions of the
Criminal Legislation Amendment (Child Sexual Abuse) Act
2018, which introduced a new consent provision, s 61HE into
the Crimes Act 1900, a brief legislative history of the
consent provisions has been included in the Handbook. More...
Published - articles, papers, reports
Cross-border justice: exploring ways to improve access
to legal assistance along the NSW/Victorian border
Victoria Legal Aid, Legal Aid New South Wales; Victoria
Legal Aid: 28 February 2019
Many border communities experience complex and unique challenges in
accessing justice and have a proportionally higher demand for legal
services than other parts of Victoria and New South Wales. More...
Review of Model Defamation Provisions: Discussion
paper
Council of Attorneys-General; Department of Justice (NSW):
27 February 2019
This discussion paper invites public feedback on the Model
Defamation Provisions to assess whether the existing laws are
meeting their policy objectives, particularly in response to the
rise of online publications and technological changes since the
provisions were developed. More...
The impact of private versus public legal
representation on criminal proceedings
BOSCAR: 15 February 2019
Legal Aid NSW indictable matters assigned to private defence
lawyers are more likely to be finalised at a later stage in
proceedings and are more likely to be finalised in the Higher
Court. More...
Cases
Del Fabbro v Industrial
Relations Secretary on behalf of the Secretary, Department of
Justice (Corrective Services NSW) [2019]
NSWIRComm 1015
PUBLIC SECTOR DISCIPLINARY APPEAL – Dismissal
– appellant allowed inmates to take contraband into
correctional centre – serious misconduct – dismissal
not unreasonable or unjust – mitigating circumstances –
dismissal harsh – appeal allowed – some punishment
warranted – no order for back pay.
Treble v Building Professionals
Board [2019] NSWCATOD 34
ADMINISTRATIVE REVIEW – Accredited certifier –
findings of unsatisfactory professional conduct –
disciplinary orders varied as to amount of fine.
Fisher v Goulburn Mulwaree
Council [2019] NSWCATAD 34
ADMINISTRATIVE LAW - GIPA Act – Government
Information – access – record keeping – relevance
- sufficiency of searches.
Davie v Industrial Relations
Secretary (Department of Justice, Corrective Services
NSW) [2019] NSWIRComm 1012
VICTIMISATION – Application for orders by dismissed
Public Service senior executive – reinstate or re-employ
– pay compensation – jurisdictional objection –
implied repeal of power to make orders sought – privative
provision – express displacement – application
dismissed due to lack of jurisdiction.
Pavlou v Commissioner of Police,
NSW Police Force [2019] NSWCATOD
27
ADMINISTRATIVE LAW – Security licensing –
where applicant’s application for a security licence refused
by respondent - where applicant convicted of fraud and other
offences – where no evidence of remorse – where
applicant not candid with Tribunal – whether applicant a fit
and proper person to hold a licence.
Zonnevylle v Department of
Justice [2019] NSWCATAP 44
APPEAL – Scope of NCAT’s internal appeal
jurisdiction - meaning of s 111 and s 112 of the Government
Information (Public Access) Act 2009 - whether
certain “questions of law” should be referred to the
Supreme Court – whether Member at first instance and on
appeal should give permission to record proceedings – whether
Members at first instance and on appeal should disqualify
themselves for bias.
Hindmarsh v NSW Ministry of
Health [2019] NSWCATAD 30
ADMINISTRATIVE LAW – Administrative Review -
access to Government Information – personal information
– health information – no consent to release –
application of public interest test.
Legislation
Proclamations commencing Acts
Criminal Legislation Amendment (Consorting and Restricted Premises) Act 2018 No 50 (2019-84) — published LW 22 February 2019
Regulations and other miscellaneous instruments
Crimes (Criminal Organisations Control) Regulation 2019 (2019-85) — published LW 22 February 2019
Young Offenders Amendment (Exempted Sexual Offences) Regulation 2019 (2019-92) — published LW 22 February 2019
Children (Detention Centres) Amendment (Classification) Regulation 2019 (2019-117) — published LW 28 February 2019
Electoral Amendment (Exemptions) Regulation 2019 (2019-139) — published LW 28 February 2019
Justices of the Peace Amendment (Exemptions) Regulation 2019 (2019-124) — published LW 28 February 2019
Prevention of Cruelty to Animals Amendment (Penalty Notice Offences) Regulation 2019 (2019-128) — published LW 28 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.