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...
Cases
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
Legislation
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.
