Regulatory advice for government agencies on Digital Restart Fund projects
On 28 May 2021, as part of Information Awareness Month, the NSW Information and Privacy Commission issued joint guidance from the NSW Information Commissioner and the NSW Privacy Commissioner on issues for agencies who are considering projects under the recently announced NSW Government Digital Restart Fund, which will provide $1.6 billion in funding for digital transformation projects.
This guide, accessible here, is useful in that it considers specifically the types of projects likely to be seeking funding and sets out examples of risks together with recommended risk mitigation strategies. It also cross-references to the various obligations of agencies under the Government Information (Public Access) Act 2009 (GIPA).
Importantly, where digital projects are being undertaken and non-government third parties are involved in the design of the project, there is a risk that the initiative will not comply with GIPA, or that the agency will not ensure that its obligations under the Privacy and Personal Information Protection Act 1998 are passed through to that third party.
Overall, the guidance is practical and merges legal design methodology with privacy by design principles and provides clear and helpful examples of risks and mitigation strategies.
In the media
Release of the Foster Report
The Government has released the consultation report
provided by Stephanie Foster PSM into the processes and procedures
relating to serious incidents in the parliamentary workplace. This
report has made some significant findings and recommendations to
improve how serious incidents are prevented and dealt with in the
parliamentary workplace (04 June 2021). More...
Australia-US to collaborate in fight against phone
scams
Australia and the United States will work together more
closely to combat unlawful robocalls, unsolicited texts and phone
scams under a new agreement signed by the two country's
respective communications regulators (04 June 2021). More...
Supporting people with cognitive impairment
People with a cognitive impairment will receive greater
support across the criminal justice system following the NSW
Government's $28 million investment in the statewide Justice
Advocacy Service and a nation-leading court-based diversion program
(03 June 2021). More...
Domestic violence in NSW in the wake of COVID-19: Update
to December 2020
BOCSAR found no compelling evidence of an increase in
domestic violence assaults reported to NSW Police coinciding with
the introduction of strict social isolation requirements, or as
restrictions eased up to December 2020 (03 June 2021). More...
World-first app to help address domestic violence in
NSW
A world-first app aimed at holding domestic violence
perpetrators to account and increasing their compliance with
protection orders to help safeguard victims has been unveiled (02
June 2021). More...
Legal profession leading change on domestic and family
violence
President of the Law Council, said the Law Council
convened the roundtable following the findings of several recent
inquiries that called for the legal system to be better equipped to
respond to family violence and protect vulnerable individuals.
Participants agreed that problems caused by the differing
definitions of domestic and family violence between jurisdictions
should be further considered (30 May 2021). More...
Australian court finds government has duty to protect
young people from climate crisis
The federal court of Australia has found the environment
minister, Sussan Ley, has a duty of care to protect young people
from the climate crisis in a judgment hailed by lawyers and
teenagers who brought the case as a world first (27 May 2021).
More...
Australians deserve tech that protects their
rights
A new report by the AHRC calls for far-reaching changes to
ensure governments, companies and others safeguard human rights in
the design, development and use of new technologies like artificial
intelligence (AI). The Human Rights and Technology
final report, makes 38 recommendations to ensure human rights are
upheld in Australia's laws, policies, funding and education on
AI (27 May 2021). More...
New judge appointed to the District Court
A new judge has been appointed to the District Court of
NSW, stepping up from her role as a magistrate in the Local Court.
Attorney General Mark Speakman said Magistrate Karen Robinson will
be sworn in as a judge of the District Court on 15 June (26 May
2021). More...
Consent law reform
Sexual consent laws will be strengthened and simplified
under NSW Government reforms designed to protect victim-survivors
and educate the community (25 May 2021). More...
In practice and courts
Commonwealth parliamentary review now open for
submissions and interviews: Sex discrimination
The AHRC is inviting contributions for its independent review into Commonwealth parliamentary
workplaces, accepting written contributions from groups covered
by the review's Terms of Reference. The review aim is to ensure
all Commonwealth parliamentary workplaces are safe and respectful
and that our national Parliament reflects best practice in the
prevention and handling of bullying, sexual harassment and sexual
assault. Make a written submission here. The Department said it would receive
submissions on its consultation paper until 9 July. The
Department's 17-page consultation paper, including information
on how to have a say, can be accessed here.
Attorney General consultations
National register of enduring powers of attorney
Closing date 30 June 2021. Attorneys-General from each
Australian jurisdiction have agreed to consult on possible
arrangements for a National Register of enduring powers of
attorney. We have prepared a consultation paper to seek your
views here.
Law Council update
The Law Council produces a fortnightly newsletter which
highlights the Law Council's important activities and advocacy,
along with any relevant media and events stakeholders would be
interested in. Click here to read the latest update.
Law Council of Australia submissions
04 June 2021 - Law Council. Supplementary submission: Intelligence Oversight
and Other Legislation Amendment (Integrity Measures) Bill
2020.
28 May 2021 - Law Council. Australia's Humanitarian Program
2021-22.
25 May 2021 - Law Council. Supplementary submission: Inquiry into extremist
movements and radicalism in Australia.
AAT Bulletin
The AAT Bulletin is a weekly publication containing a list
of recent AAT decisions and information relating to appeals against
AAT decisions. Click here to read Issue No. 11/2021, 31 May
2021.
OAIC consultations
National Health (Privacy) Rules 2018 review
The closing date for submissions is 4 June 2021. Read
more here.
OAIC: Our FOI disclosure log
The information described in our disclosure log has been
released by the OAIC under the Freedom of Information Act 1982 (FOI
Act): Updated May 2021. Read more here.
ALRC judicial impartiality consultation paper 2021
The inquiry would look at judges in the High Court,
Federal Court, Family Court and Federal Circuit Court. Submissions
are open until 30 June. The ALRC was expected to deliver its report
to the Attorney-General by 30 September. The Paper can be
accessed here.
Regulator performance guide for consultation
The guide will empower regulators to demonstrate and
report on best practice performance that is in line with the
Government's expectations and supports investment and growth.
Click here to read more.
ANAO consultations
Due to table: May 2021. Open for contribution: Administration of the National Bushfire Recovery
Agency. The objective of this audit is to assess the
effectiveness of the National Bushfire Recovery Agency and its
administration of the National Bushfire Recovery Fund.
Due to table: May 2021. Open for contribution: Australian National University's Governance
and Control Frameworks. The objective of this audit is to
examine the effectiveness of the Australian National
University's governance and control frameworks.
Finance and public administration legislation
Committee
Operation and management of the Department of
Parliamentary Services. On 11 May 2021, the reporting date was
extended to 30 June 2021.
Legal and constitutional affairs legislation
Committee
Family Law Amendment (Federal Family Violence
Orders) Bill 2021 [Provisions]. The deadline for submissions to
this inquiry is 18 June 2021.
Select Committee on foreign interference through social
media
Select Committee on foreign interference through social
media to inquire into and report on the risk posed to
Australia's democracy by foreign interference through social
media. The committee is to present its final report on or before
the second sitting day of May 2022. The closing date for
submissions is 31 October 2021. Read more here.
NSW
JUDCOM: Civil trials bench book
4 June 2021 - [2-0500] alternative dispute
resolution; [2-1000] search orders; [2-2600] stay of pending
proceedings; [2-3900] limitations; [2-5400] parties to proceedings
and representation. [2-5900] security for costs; [2-6900] summary
disposal and strike out applications. Read more here.
The Information Commissioner and Privacy Commissioner
have published joint regulatory advice
The Information Commissioner and Privacy Commissioner have
published joint regulatory advice entitled 'Digital Restart
Fund: Assessment information and privacy impacts' for NSW
public sector agencies as part of Information Awareness Month 2021.
Click here for more information.
Costs disputes - uniform Law - indexed amounts
Sections 291, 292 and 293 of the Legal Profession Uniform
Law (NSW) relate to costs disputes. The amounts were increased as a
result of indexation for the financial years 1/7/2019 - 30/6/2020
and 1/7/2020 - 30/6/2021. The amounts have again been indexed for
the financial year 1/7/2021 - 30/6/2022. The Legal Profession
Uniform Law (Indexed Amounts) Notice 2021 has been published and is
available here.
Personal Injury Commission - hearings during
COVID-19
The President of the Personal Injury Commission has
advised the NSW Bar Association that the PIC will continue to apply
Procedural Direction 10 until further notice. Procedural Direction
10 provides that, during the currency of the COVID-19 pandemic and
until further notice, the Commission will, wherever possible, list
matters for hearing by audio link or audio-visual link. Procedural
Direction 10 is available here.
Consent proposals could result in significant
injustice
The proposals announced by the NSW Attorney General in
relation to consent in sexual assault matters are likely to result
in significant injustice, the President of the New South Wales Bar
Association Michael McHugh SC said in a media statement. The
President's media release is available here and the NSW Government's media
statement can be found here.
Consultation: Privacy and Personal Information
Protection Amendment Bill 2021 [draft]
If passed, this Bill will introduce a scheme that will
ensure greater openness and accountability in relation to the
handling of personal information held by NSW public sector
agencies. Public submissions can now be made until 18 June on
the Have Your Say website. Learn more here.
Latest edition of the Court of Appeal's Decisions of
Interest bulletin
The Decisions of Interest bulletin is a regular
publication produced by the Court of Appeal, summarising appellate
decisions from Australia and internationally. Read the latest
bulletin here.
Artificial Intelligence (AI)
The NSW Government believes that the NSW Government can
use AI to benefit the community and is taking actions to ensure
that AI is used safely, ethically and effectively. We have an AI
Strategy that outlines our vision for the use of AI, and ensures
transparency, fairness and accountability. Have your say until 31
December 2021 here.
NCAT digitisation of warrants for possession
From 24 May 2021, all warrants for possession issued by
NCAT will be electronically transmitted to the Office of the
Sheriff. The new process is part of NCAT's strategy to
increase digitisation of its services. Click here to read more.
Published - articles, papers, reports
Postal industry - quarterly update seven: 1 January to
31 March 2021
Ombudsman industry updates: 04June 2021. This update
discusses complaint statistics and compensation for lost and
damaged parcels, including case studies. Click here for more information.
Understanding our inspection report
Ombudsman industry: 25 May 2021. This factsheet helps
agencies understand and act on our reports. See our factsheet
oversight of the use of covert, intrusive and coercive powers for
more information about our role. Read more here.
New briefing date
26 May 2021 Recipient Hon Brendan O'Connor MP.
Auditor-General Report No 32 2020-21. Cyber Security Strategies of Non-Corporate
Commonwealth Entities.
Interim report on key financial controls of major
entities
ANAO Report No 40: 02 June 2021. This report is the first
in the series of reports for the 2020-21 financial year and focuses
on the results of the interim audits, including an assessment of
entities' key internal controls, supporting the 2020-21
financial statements audits. This report examines 25 entities,
including all departments of state and a number of major Australian
government entities. The entities included in the report are
selected on the basis of their contribution to the income,
expenses, assets and liabilities of the 2019-20 consolidated
financial statements. Read more here.
COVID-19 procurements and deployments of the National
Medical Stockpile
ANAO Report No 37: 27 May 2021. The audit examined whether
COVID-19 procurements to increase the National Medical Stockpile
(NMS) were consistent with the proper use and
management of public resources and whether COVID-19 deployments of
the NMS were effective. Read more here.
Human rights and technology final report
AHRC: 27 May 2021. Recommendations include stronger
community protections against harmful uses of AI - especially when
AI is used in high-risk areas such as policing, social security and
banking - and the creation of a new AI Safety Commissioner to help
lead Australia's transition to an AI-powered world. Read
more here.
Free votes in the Commonwealth Parliament 1950-2021: A
quick guide
APH: 21 May 2021. This quick guide contains an updated
list of free votes granted by either of the two major parties - the
Australian Labor Party and the Liberal Party of Australia - in the
Commonwealth Parliament between 1950 and 2021. Read more here.
Cases
Edway Training Pty Ltd v SafeWork
NSW [2021] NSWCATAD
152
ADMINISTRATIVE LAW - Civil and Administrative Tribunal -
administrative review jurisdiction - no jurisdiction to
administratively review a decision by Safework NSW to refuse to
enter into a contract with a registered training organisation to do
general construction induction training in NSW.
McMahon v Northern Beaches
Council [2021] NSWCATAD
137
ADMINISTRATIVE LAW - access to information - legal professional
privilege.
Government Information (Public Access) Act 2009; Evidence Act 1995
(NSW).
This is an application for review by the Tribunal of the decision
of the Respondent, the Northern Beaches Council, which, together
with the antecedent local government bodies that were merged
into so as to become the Respondent, "the Council", not
to provide access to a number of documents which fall within the
scope of a request made by the Applicant in April 2020.
Toplace Pty Ltd v City of
Parramatta [2021] NSWCATAD
149
1. The deemed decision to refuse to deal with the access
application is affirmed.
ADMINISTRATIVE LAW - government information - access application -
legal professional privilege - waiver - whether overriding public
interest against disclosure.
Administrative Decisions Review Act 1997; Evidence Act 1995;
Government Information (Public Access) Act 2009.
Williams v University of New
England [2021] NSWCATAD
151
ADMINISTRATIVE LAW - access to Government information - Government
Information (Public Access) Act 2009 (NSW) - items 1(d), 1(g) and
3(a) of the Table to s14 GIPA Act - whether information provided in
confidence - if so, whether it is still confidential - appropriate
redaction to avoid the public interest consideration against
disclosure under item 3(a) of the Table to s 14 GIPA Act.
SafeWork NSW v SNAP Programs Limited;
SafeWork NSW v State of New South Wales (Department of Communities
and Justice) [2021] NSWDC
203
1. The non-publication orders and pseudonym orders made by the
Court on 27 April 2020 and 29 July 2020 are revoked.
CRIMINAL PROCEDURE - suppression and non-publication orders.
Children (Criminal Proceedings) Act 1987; Court Suppression and
Non-Publication Orders Act 2010; Work Health and Safety Act
2011.
Legislation
Commonwealth
Bills
Liability for Climate Change Damage (Make
the Polluters Pay) Bill 2021
HR 24/05/2021 - this Bill makes fossil fuel companies liable for
climate change damage, giving victims of climate change, such as
the 2019-2020 bushfire survivors, the right to bring an action
against thermal coal, oil and gas companies for climate change
damage.
Independent Office of Animal Welfare Bill
2021
HR 24/05/2021 - Commonwealth statutory authority with
responsibility for the development of animal welfare policy at the
Commonwealth level. The office will have a leadership role on
matters of animal welfare, as well as the ability to conduct
inquiries and reviews into the effectiveness and implementation of
our animal welfare laws.
Acts Compilation
Freedom of Information Act
1982
27/05/2021 - Act No. 3 of 1982 as amended.
Regulations
Telecommunications (Statutory
Infrastructure Providers - Circumstances for Exceptions to
Connection and Supply Obligations) Determination
2021
27/05/2021 - this instrument determines the circumstances where the
connection obligation and the supply obligation do not arise in
relation to requests for wholesale broadband services from a
carriage service provider to a statutory infrastructure provider
for the purposes of the Telecommunications Act 1997.
NSW
Regulations and other miscellaneous instruments
Companion Animals (Adjustable Fee Amounts) Notice
2021 (2021-260) - published LW 3 June 2021.
Electoral Funding (Adjustable Amounts) (Political
Donation Caps) Notice 2021 (2021-262) - published LW 4
June 2021.
Electronic Transactions (ECM Courts) Amendment
(Online Criminal Registry) Order 2021 (2021-263) -
published LW 4 June 2021.
Fair Trading Amendment (Code of Conduct for
Short-term Rental Accommodation Industry) Regulation
2021 (2021-250) - published LW 28 May 2021.
Legal Profession Uniform Law (Indexed Amounts)
Notice 2021 (2021-248) - published LW 27 May 2021.
NSW Admission Board Amendment (Schedule of Fees)
Rule 2021 (2021-259) - published LW 28 May 2021.
Public Health Amendment (COVID-19 Spitting and
Coughing) Regulation (No 2) 2021 (2021-251) - published LW
28 May 2021.
Public Notaries Appointment Amendment (Fees) Rule
2021 (2021-256) - published Gazette No 225 of 28 May 2021,
n2021-1083.
Residential Apartment Buildings (Compliance and
Enforcement Powers) Amendment Regulation 2021 (2021-252) -
published LW 28 May 2021.
Proclamations commencing Acts
Stronger Communities Legislation Amendment (Miscellaneous) Act 2020 No 31 (2021-230) - published LW 21 May 2021 - the object of this Proclamation is to commence amendments to the Criminal Procedure Act 1986 that extend case management provisions under the Act so that they apply to District Court prosecutions under the Work Health and Safety Act 2011.
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.