Recent developments in public law and government in NSW
As foreshadowed in our last edition, a Regulation has been proclaimed in response to the decision of the AAT in SF v Shoalhaven City Council, the effect of which was to require the Council to turn off its CCTV cameras. The Privacy and Personal Information Protection Amendment (CCTV) Regulation 2013 was proclaimed on 17 May 2013 and exempts local councils from section 11 of the PPIP Act with respect to the collection of personal information by using a CCTV camera. Watch this space for details of an upcoming seminar on these developments in privacy law in NSW.
In the media
Think tank seeks to launch drone debate
Australia needs to think through a wide range of ethical, legal
and practical issues relating to use of unmanned aircraft,
including rules of engagement, privacy, safety and air traffic
management, according to a think tank group (23 May 2013)
More...
AGL launches 'do not knock' sticker campaign
while fighting legal battle against stickers
Energy supplier AGL has launched a campaign distributing hundreds
of thousands of 'do not knock' stickers to customers while
at the same time it is fighting a battle against the legal
enforceability of such signs (24 May 2013)
More...
Australia to join the global Open Government
Partnership
Australian Information Commissioner, Professor John McMillan has
welcomed the
announcement today by the Attorney-General the Hon Mark Dreyfus
QC MP that Australia will join the Open Government
Partnership (OGP) (22 May 2013) More...
Regulation for council use of CCTV
Local councils in NSW have been granted an exemption to use CCTV
cameras in public places. A Regulation under the Privacy and
Personal Information Act 1998 (PPIP Act) was proclaimed today
(17 May 2013) More...
Referendums need a big idea to stay
relevant
The federal government announced it plans to engage Australians in
the question of whether to amend our constitution to give
''financial recognition'' to local governments. By
keeping proposed constitutional changes ''small'',
or modest, most observers argue, the government also maximises the
chances of a successful referendum (17 May 2013)
More...
In practice and courts
Open Government Partnership
The letter of intent, dated May 22, 2013, communicated
Australia's intent to participate in OGP More...
Note the OGP Steering Committee Meeting in
London
This July 11th and 12th the Open Government Partnership Steering
Committee will meet in London
More...
Published – articles, papers, reports
Is the giving of reasons for administrative decisions a
question of natural justice?
Author: Justice Chris Maxwell; (2013) 20 Australian Journal of
Administrative Law 76 This article examines the doctrinal
divergence between Australia and the United Kingdom and suggests
that, given the continuing importance of the question, it would be
timely for the High Court to revisit the decision in Osmond and the
analysis on which it was founded.
Threats to judicial independence : the enemy
within
Author: JD Heydon; Law Quarterly Review (129) April 2013:
pp205-222
Subject: Case management, Court rules and procedure, Judgments;
Judicial independence, Judicial opinions - Characteristics of
English and German judgments - oral hearings - requirement to file
written submissions - dissenting judgments - concurring majority
judgments - following majority decisions - practice of Mr Justice
Brandeis - concealment a threat to judicial independence More...
Administrative Law: the next frontier for comparative
law
Author: Janina Boughey, International and Comparative Law
Quarterly, 2013, Vol 62, No 1, pp55-95
One field of law that has been conspicuously absent from the boom
in comparison, at least outside of Europe, is administrative law.
This article surveys some recent developments in administrative law
and points to a number of aspects of the field that would benefit
from the wider use of comparative methods across the world
More...
Cases
Austral Brick Co Pty Ltd v Rami El Hayek t/as RCV
Stoneworks [2013] NSWSC 57
ADMINISTRATIVE LAW - judicial review - operation of CTTT Tribunal
notice of hearing provisions - when proceedings may be held in
absence of party - whether requirements of justice considered More...
AIN and Medical Council of NSW [2013] NSWADT
112
Government information - conclusive presumptions - legal
professional privilege and Health Care Complaints Act 1993
- overriding public interest against disclosure of information -
reasonable grounds to believe that there are additional documents -
reasonable searches to find the documents More...
Fire & Rescue NSW v Clinen [2013] NSWSC
629
ADMINISTRATIVE LAW - judicial review of a decision of a medical
appeal panel constituted under s 328 Workplace Injury
Management and Workers Compensation Act 1998 (NSW) - whether
jurisdictional error or error of law on the face of the record -
whether reasons of the panel inadequate More...
QBE Insurance (Australia) Ltd v Motor Accidents
Authority of New South Wales [2013] NSWSC 549
ADMINISTRATIVE LAW - Motor Accidents Compensation Act - role of
Proper Officer - application of the Court of Appeal in Rodger v
De Gelder - the determination of jurisdictional fact is
fundamentally a question of construction of statute - where the
statutory construction alters it is necessary to reconsider the
issue of jurisdictional fact - preconditions in s 62(1)(a) and s
62(1A) of the Motor Accidents Compensation Act are not
jurisdictional facts - Singh v Motor Accidents Authority of NSW (No
1) and Singh v Motor Accidents Authority of NSW (No 2)
disapproved More...
Gold And Copper Resources Pty Limited v Minister For
Resources and Energy [2013] NSWLEC 66
JUDICIAL REVIEW - challenge to validity of seventh renewal of
exploration licence by Minister's delegate - power to renew
authority not limited by time requested in renewal application -
Minister's delegate required to form state of satisfaction of
special circumstances in renewing exploration licence over whole
area - no false and misleading information in renewal application -
renewal cannot include land not already subject of exploration
licence being renewed More...
Galluzzo v Little [2013] NSWCA 116
WORKERS COMPENSATION - medical assessment - role of Medical Appeal
Panel - where several injuries produce impairment - whether
certificate of assessment may be issued before all impairments are
fully ascertainable - ADMINISTRATIVE LAW - procedural fairness -
whether Medical Appeal Panel denied procedural fairness by
declining to grant oral hearing and not calling for further
submissions - whether judge's finding of failure by Medical
Appeal Panel to give adequate reasons should have resulted in
quashing of assessment - whether bare declaration is of utility -
COSTS - indemnity basis - whether conduct before initiation of
proceedings relevant to decision to award indemnity costs More...
Legislation
NSW
Regulations and other statutory
instruments
This Regulation is to exempt local councils from provisions of the
Privacy and Personal Information Protection Act 1998
relating to the collection of personal information, by using a CCTV
camera installed for the purpose of filming a public place, and the
disclosure to the NSW Police Force of that information by way of
live transmission.
Privacy and Personal Information Protection Act
1998
Bills introduced into Government
This bill implements changes to numerous NSW Acts and Regulations
by making minor amendments, repealing certain provisions and
additionally effecting statute law revision. The many Acts and
Regulations covered by the Bill are as diverse as the Health
Administration Act 1982 No 135, the Community Services
(Complaints, Reviews and Monitoring) Act 1993 No 2 and the
Interpretation Act 1987 No 15.
Statute Law (Miscellaneous Provisions) Bill 2013
Bills passed by both Houses of Parliament
This bill amends the Statutory and Other Offices Remuneration
Act 1975 to require the Remuneration Tribunal to give effect
to certain government policies when making determinations regarding
the remuneration of judicial and other office holders.
Statutory and Other Offices Remuneration Amendment (Judicial
and Other Office Holders) Bill 2013
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.