In the media
Criticising your local council online? You could end up
in court
A council in regional Western Australia is the latest to
join the list of local governments around the country to allow
ratepayer money to fund defamation action against members of the
public (28 August 2019).
More...
Human element a key factor in data breaches
National figures on data breaches show about one in three
data breaches last quarter were caused by compromised credentials,
with log in and password information used to gain unauthorised
access to personal information (27 August 2019).
More...
Jail terms promised in crackdown on NSW farm
trespass
The New South Wales Government has introduced 'right
to farm' legislation which it says will create the toughest
penalties for farm trespass in Australia (20 August 2019).
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In practice and courts
Practice Directions - High Court of Australia, No 1 of
2019
Reminder: This Practice Direction takes effect in relation
to matters set down for hearing after 1 October 2019. In
consultation with the respondent and any interveners, the appellant
must prepare a joint book of the authorities which reference will
be made during the course of oral argument at the hearing of the
appeal (August 2019).
More...
Draft Religious Freedom Bills
The Australian Government invites submissions on a package
of legislative reforms on religious freedom. These are the:
Religious Discrimination Bill 2019; Religious Discrimination
(Consequential Amendments) Bill 2019 and Human Rights Legislation
Amendment (Freedom of Religion) Bill 2019. Submissions on the Bills
close on 2 October 2019.
More...
Whole of Australian Government Legal Services
Panel
The Whole of Australian Government Legal Services Panel
commenced on 15 August 2019. Alongside the panel, Commonwealth
agencies can use AGS for any legal work at any time. Participating
agencies must use the panel for new legal services procurements
from 15 August 2019, subject to some exemptions.
More...
AAT Bulletin
Issue No. 34/2019, 26 August 2019
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.
More...
OAIC Submissions
23 August 2019
Developing Standards for Artificial Intelligence: Hearing
Australia's Voice — Submission to Standards
Australia
Law Council of Australia Submissions
07 August 2019— Law Council -
Inquiry into the Impact of the Exercise of Law Enforcement and
Intelligence Powers on the Freedom of the Press
Current Senate Inquiries
Legal and Constitutional Affairs References Committee
The
impact of changes to service delivery models on the administration
and running of Government programs
Nationhood,
national identity and democracy
Environment and Communications References Committee
Press
Freedom
ANAO Performance audit in-progress: Defence's
management of its public communications and media activities
Due to table: December, 2019. The objective of this audit
is to assess the effectiveness and appropriateness of the
Department of Defence's (Defence's)
management of its public communications and media activities.
More...
NSW IPC: Right to Know Day NSW
Right to Know Day is an international annual event held on
28 September that aims to increase awareness of individuals'
right of access to government information and open, transparent
governance. More...
JUDCOM
Local Court Bench Book Update 132 published 21 August
2019.
Civil Trials Bench Book Update 39 19 August 2019.
Report of the Standing Committee on Law and Justice on
the Crimes (Appeal and Review) Amendment (Double Jeopardy) Bill
2019
The Standing Committee on Law and Justice has released its
report on the Crimes (Appeal and Review) Amendment (Double
Jeopardy) Bill 2019 (30 August 2019).
More...
Decisions of interest
August 22 2019 - Practice support - The NSW Court of
Appeal has just published its latest Decisions of Interest Bulletin
on the Court of Appeal
website.
More...
Published – articles, papers, reports
Discussion paper: A model for positive human rights
reform
Australian Human Rights Commission: 29 August 2019
This paper outlines what our current system of human rights
protections looks like, how it is and isn't effective in
ensuring that government respects, protects and fulfils our human
rights, why reforming the current system is critical, and options
for reform. More...
Australia's implementation of the OECD Anti-Bribery
Convention
Cat Barker, Foreign Affairs, Defence and Security: 28
August 2019
The recommendations in the two reports provide a useful starting
point for consideration of measures to further improve
Australia's compliance with the Convention and its broader
response to foreign bribery.
More...
Young people returning to sentenced youth justice
supervision 2017–18
Australian Institute of Health and Welfare: 27 August
2019
This research finds that of young people aged 10–17, who were
under youth justice supervision at some time from 2000–01 to
2017–18, 41 per cent returned to supervised sentence before
turning 18. Of young people aged 10–16 in 2016–17 and
released from sentenced community-based supervision, 24 per cent
returned to sentenced supervision in 6 months, and 47 per cent
within 12 months. More...
Government Advertising: June 2015 to April 2019
ANAO Report No 7: 26 August 2019
The objective of this audit is to assess the effectiveness of the
Department of Finance's and selected entities'
implementation of the Australian Government's campaign
advertising framework.
More...
OAIC Corporate Plan 2019–20
23 August 2019 - Our Corporate Plan for 2019–20 sets
out our vision for increasing public trust and confidence in the
protection of personal information and access to government-held
information.
More...
Jurors, social media and the right of an accused to a
fair trial
Jemma Holt; Tasmania Law Reform Institute: 20 August
2019
Jurors' use of social media and other internet activity during
criminal trials is the focus of research underway at the Tasmania
Law Reform Institute. There has been limited research in this area
in Australia and overseas. The prevalence of juror misconduct of
this kind remains largely unknown. More...
Implementation of the 'Smith Review' and
progress in strengthening protective security procedures, practices
and culture: 12 month follow up review
Peter Vardos; Department of the Prime Minister and Cabinet
(Australia): 19 August 2019
This review considers progress to date in strengthening
PM&C's protective security procedures, practices and
culture protective security culture. It also includes
recommendations to guide ongoing efforts to mature protective
security culture across the department and broader Australian
Public Service. More...
Cases
Choi v University of Technology Sydney
[2019] NSWCATAD 176
ADMINISTRATIVE LAW — freedom of information —
access to information – application for Tribunal to refuse to
deal with review application under s 109 of the Government
Information (Public Access) Act 2009 – application for
summary dismissal of review application – Tribunal refused to
deal with and dismissed review application.
Murrant v Building Professionals Board
[2019] NSWCATOD 130
ADMINISTRATIVE REVIEW – accredited certifier –
findings of unsatisfactory professional conduct –
disciplinary orders.
Harris v Mathieson (in his capacity as an authorised
officer under the Water Management Act 2000 (NSW)
[2019] NSWSC 1064
ADMINISTRATIVE LAW – ground of review other than
procedural fairness – improper exercise of power –
plaintiffs issued with notices from defendant on behalf of the
National Resources Access Regulator – notices issued under s
338A Water Management Act 2000 (NSW) – notices
required the provision of stipulated information and documents
– notices said to be issued as part of an investigation by
NRAR into the plaintiffs' water access and use at their two
farms – notices said to be issued for the purpose of
determining whether there had been compliance with or contravention
of identified conditions of the access licence for each of the
properties – whether the defendant was entitled to require
the plaintiffs to furnish the stipulated information/documents
– whether the information/documents were required for the
purpose of ascertaining whether the plaintiffs had contravened
identified conditions of the respective access licences –
notices set aside.
Frost v State of New South Wales, Department of
Communities and Justice [2019] NSWCATAD
165
PRACTICE AND PROCEDURE – principles applying to
power to make confidentiality orders – whether Tribunal
should dispense with a hearing PROCEDURAL FAIRNESS –
apprehended or actual bias - whether Tribunal member should recuse
herself.
Turner v Department of Planning and
Environment [2019] NSWCATAD
166
ADMINISTRATIVE LAW – freedom of information –
preliminary draft expert report – whether release could
reasonably be expected to prejudice the effective exercise of
agency's functions – effect upon availability of experts
to assist agency – consideration of broader circumstances
where expert does not object to disclosure.
Zidar v NSW Department of Justice (Office of the
General Counsel) [2019] NSWCATAD
164
ADMINISTRATIVE LAW – access to information –
whether respondent holds further information – reasonableness
of searches.
Legislation
NSW
Proclamations commencing Acts
Surveillance Devices Amendment (Statutory Review) Act 2018 No
90 (2019-421) — published LW 30 August 2019
Regulations and other miscellaneous instruments
Administrative
Arrangements (Administrative Changes—Transfer of EPA Staff)
Order 2019 (2019-422) — published LW 30 August 2019
Crimes
(Domestic and Personal Violence) Amendment (Prescribed Form)
Regulation 2019 (2019-424) — published LW 30 August
2019
Criminal
Records Regulation 2019 (2019-425) — published LW 30
August 2019
Subordinate
Legislation (Postponement of Repeal) Order (No 2) 2019
(2019-442) — published LW 30 August 2019
Contaminated
Land Management (Adjustable Amounts) Notice 2019 (2019-404)
— published LW 23 August 2019
Dust
Diseases Tribunal Regulation 2019 (2019-405) — published
LW 23 August 2019
Film
and Television Industry (Advisory Committee) Regulation 2019
(2019-406) — published LW 23 August 2019
Bills introduced Government – 23 August 2019
Justice Legislation Amendment Bill 2019
The object of this Bill is to amend various Acts and regulations
relating to courts, crimes and other Stronger Communities portfolio
matters
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.