In the media
Review of domestic violence and other homicide
sentencing
The NSW Government has ordered an independent review of
sentencing for murder and manslaughter offences, including those
involving domestic and family violence. The Sentencing Council will
examine how sentencing decisions affect families of homicide
victims and the devastating impact of domestic violence on the
community (23 November 2018).
More...
"Dolly's Law" - Putting cyberbullies on
notice
Perpetrators of online bullying could face up to five
years' prison time under tough new laws passed by NSW
Parliament. "Dolly's Law" is now putting online
abusers on notice that if their actions cause people to fear
physical or mental harm, they face a maximum penalty of five years
imprisonment (22 November 2018).
More...
Safe and fair forensic mental health system for
victims
Attorney General Mark Speakman and Minister for Mental
Health Tanya Davies announced new laws have passed through NSW
Parliament that will ensure balanced consideration of victims'
rights after a person is found unfit to be tried or not guilty by
reason of mental illness (22 November 2018).
More...
Domestic violence reforms pass parliament
The default duration of Apprehended Domestic Violence
Orders (ADVOs) will double and police will be able
to make urgent changes to strengthen orders to protect victims,
under NSW Government legislation passed by Parliament (22 November
2018).
More...
Parliament fires up community protection
The NSW Parliament has passed laws that put community
safety first, introducing Australia's toughest penalty for
bushfire arsonists, strengthening sentences for concealing child
abuse and reinforcing NSW's counter terrorism framework (21
November 2018).
More...
BOSCAR: Reforms increase trial finalisation rates in the
New South Wales District Criminal Court
A new suite of reforms implemented to tackle delays in the
NSW District Court in 2016 and 2017 has significantly increased the
number of matters being finalised (15 November 2018).
More...
Ban on use of drones above prisons
The NSW Government is tightening security at the
state's prisons with a ban on the use of drones above prisons
and juvenile detention centres. The NSW Parliament passed a Bill
amending the Crimes (Administration Sentences) Act 1999,
the Children (Detention Centres Act) 1987 and associated
regulations (14 November 2018).
More...
New online system to take stress out of finding a
Justice of the Peace (JP)
The improved register will also assist culturally and
linguistically diverse communities, by enabling people to search
for a local JP who speaks a particular language.The current system
only allows users to search for a JP by name, registration number
or postcode. The new-look register will begin operating in early
2019 (3 November 2018).
More...
Securing our safety with stronger terror laws
The NSW Government will further strengthen
counter-terrorism laws to better protect the community from
terrorists and other dangerous offenders. These important reforms
introduce extraordinary powers which can be exercised by the
Supreme Court – with appropriate safeguards – to help
keep the community safe (13 November 2018).
More...
In practice and courts
High Court of Australia
High Court of Australia Bulletin [2018] HCAB 09 (19 November
2018)
AAT: Scam emails pretending to come from the AAT
The AAT has become aware of scam emails pretending to be
sent from the AAT (22 November 2018).
More...
AAT Bulletins 2018
Issue No. 45/2018 19 November 2018
LCA Justice Project – Briefings
The Law Council President and Deputy Director of Policy
were invited to present to the Judicial Council on Cultural
Diversity regarding the Justice Project's final report. The
Secretariat has recently developed a draft Justice Project
implementation and advocacy plan for consideration by Directors at
their next meeting (15 November 2018).
More...
LCA: Australian Human Rights Commission National Inquiry
into Sexual Harassment in Australian Workplaces
The development of the Law Council's submission to the
Australian Human Rights Commission's National Inquiry into
Sexual Harassment in Australian Workplaces is underway. Under
the inquiry's
terms of reference it will also consider the current legal
framework and contributing factors behind workplace sexual
harassment in the legal profession. Contributions to the submission
close on 3 December 2018 (15 November 2018).
More...
Digital Transformation Strategy
The newly launched Digital Transformation Strategy aims
to have all government services available digitally by 2025, along
with a
roadmap of key initiatives for the next two years. The strategy
provides a direction for governments' work on data and digital
transformation and underpins the Commonwealth's stated aim of
remaining in the top three digital governments in the world by 2025
(21 November 2018). More...
New South Wales
NCAT Annual Report 2017-2018
The NCAT Annual Report 2017-2018 is now available after it was
tabled in NSW Parliament on 21 November 2018
NCAT: Federal diversity jurisdiction
Do the parties in your matter permanently reside in
different States? If so, NCAT may not be able to determine your
matter due to federal constitutional law (12 November 2018).
More...
NSW Courts
Two new magistrates for the Local Court of NSW (15 November
2018)
Law & Justice Foundation of NSW - Research
alert
The Law & Justice Foundation of New South Wales has
released a research report titled Data Insights in Civil Justice:
NSW Supreme Court(09 November 2018).
More...
ICAC: Prosecution briefs with the DPP and outcomes
Tables summarising information about briefs that are with the DPP,
and prosecution outcomes. Last updated 23 November 2018
ICAC: Operation Skyline public inquiry
The Operation Skyline hearing has been stood over to
Friday 8 February 2019 at 10:00 am for further directions.
Operation Skyline is an investigation into allegations concerning
the Awabakal Local Aboriginal Land Council.
More...
ICAC: Public inquiry into allegations concerning the
former Canterbury City Council adjourned
The ICAC Operation Dasha public inquiry into allegations
concerning the former Canterbury City Council will resume on Monday
10 December.
More...
Updates to New South Wales Police Force website
The NSW Police Force has updated their public website to
include a 'legal' page that provides information on how to
contact the different legal teams, or how and who to serve various
court documents in a range of legal proceedings (criminal and
civil)(23 November 2018).
More...
Published - articles, papers, reports
Guidance on caretaker conventions
Department of the Prime Minister and Cabinet
(Australia)
During the caretaker period, the business of government continues
and ordinary matters of administration still need to be addressed
(20 November 2018). More...
Insights from reports tabled July to September
2018
ANAO: 19 November 2018
This edition of audit insights focuses on efficiency in the public
sector. Find out more about what we think efficiency looks like,
why we think efficiency is important in ensuring that public sector
agencies remain sustainable, and some examples from recently tabled
audits of what we can learn from others.
More...
Second Independent Privacy Impact Assessment for the
Trusted Digital Identity Framework
Galexia; Digital Transformation Agency (Australia): 13
November 2018
Galexia is undertaking a Second Privacy Impact Assessment
(PIA) for the Digital Transformation Agency
(DTA) on the proposal to establish the Trusted
Digital Identity Framework (TDIF). The purpose of
this PIA is to assist in identifying and managing privacy issues
that are raised by the establishment of the TDIF. More...
Governance innovation for a connected world
Eileen Donahoe et al; Centre for International Governance
Innovation: 13 November 2018
The goal of this report, and those involved in its formation, is to
enhance free expression, diversity and democracy at the same time
as we protect human rights and encourage innovation. More...
Cabinet Handbook - 12th edition
Department of the Prime Minister and Cabinet (Australia):
12 November 2018
The Cabinet Handbook 12th edition is designed to ensure that the
Cabinet observes conventions and principles and fulfils its central
purpose of informed decision-making. More...
Examining the power of Child-At-Risk electronic medical
record (eMR) alerts to share interpersonal violence, abuse and
neglect concerns: Do child protection alerts help?
Rosemaria Flaherty, Jenna Meiksans, Stewart McDougall,
Fiona Arney: 15 November 2018
This project sought to understand the impact of this Child-At-Risk
(CAR) electronic Medical Record
(eMR) alert information sharing system on outcomes
for women and children. More...
Governance innovation for a connected world
Eileen Donahoe et al; Centre for International Governance
Innovation: 13 November 2018
The goal of this report, and those involved in its formation, is to
enhance free expression, diversity and democracy at the same time
as we protect human rights and encourage innovation. More...
Cases
Banerjee v Commissioner of Police
[2018] NSWCA 283
CONSTITUTIONAL LAW – inconsistency –
Constitution, s 109 – circumstances in which operation of
State law will be inconsistent with Commonwealth law – where
provisions of Security Industry Act 1997 (NSW) and
Security Industry Regulation 2016 (NSW), cl 13(3) mandated
revocation of company's security licence upon entering
voluntary administration – State laws prevented company
entering voluntary administration from carrying on primary business
– whether operation of State laws inconsistent with
Corporations Act 2001 (Cth), Pt 5.3A – whether State
laws invalid to extent of inconsistency.
COMMERCIAL LAW – security industry – requirement that
Commissioner of Police revoke master licence of corporation under
administration – whether valid State law.
Saeed Dezfouli v NSW Police Force
[2018] NSWCATAD 264
Administrative Law – Government Information –
access application – redaction of names – personal
information - whether public interest considerations against
disclosure outweigh public interest considerations in favour of
disclosure –whether risk of harm or serious harassment or
serious intimidation if names disclosed.
Shop, Distributive & Allied Employees'
Association v Secretary, NSW Treasury [2018]
NSWSC 1760
APPEALS – by leave on question of law – leave
granted as questions of statutory interpretation arise –
benefits of authoritative decision. STATUTORY INTERPRETATION
– exemption order made under Shops and Industries Act
1962 (NSW) – construction of transitional provisions in
Shop Trading Amendment Act 2009 (NSW).
STATUTORY INTERPRETATION – right conferred on representative
of industrial organisation to apply for review to Civil and
Administrative Tribunal – plain meaning of words exclude
right of industrial organisation itself to apply.
Mulpha Australia Limited v Central Sydney Planning
Committee [2018] NSWLEC
179
JUDICIAL REVIEW – integrated development –
whether permissible for approval authority Heritage Council to
provide comments, rather than general terms of approval, with
respect to portion of development application – general terms
of approval with respect to development outside curtilage of
heritage item required where there is a relevant nexus –
relevant nexus apparent from Heritage Council decision –
misconstruction of statutory power – jurisdictional error
established.
WORDS AND PHRASES – "land" – definition of
land in s 57(1)(e) not restricted to curtilage of item or to lot on
which item sits – to be determined on a case by case
basis.
WORDS AND PHRASES – "in relation to" –
protective purpose of the Heritage Act 1977 –
interpretation promoting that purpose preferred to interpretation
not promoting that purpose.
Olefines Pty Ltd v Valuer-General of New South
Wales [2018] NSWCA
265
STATUTORY INTERPRETATION – primacy of text
–structure of legislation – construction of provision
containing zeugma – no wider context or extrinsic factors to
be considered – Stevens v Kabushiki Kaisha Sony Computer
Entertainment (2005) 224 CLR 193; [2005] HCA 58 applied
VALUATION – land value.
Liang v University of Technology Sydney
[2018] NSWSC 1740
ADMINISTRATIVE LAW – administrative tribunals
– where plaintiff sought stay of proceedings before Appeal
Panel of NCAT – no grounds for intervention of Supreme Court
– stay refused.
Legislation
New South Wales
Regulations and other miscellaneous instruments
Bills passed by both Houses of Parliament – 16
November 2018
Crimes (Administration of Sentences) Legislation Amendment Bill
2018
Bills passed by both Houses of Parliament – 23 November
- Children and Young Persons (Care and Protection) Amendment Bill 2018
- Community Protection Legislation Amendment Bill 2018
- Crimes (Domestic and Personal Violence) Amendment Bill 2018
- Crimes Legislation Amendment (Victims) Bill 2018
- Crimes Legislation Amendment Bill 2018
- Government Information (Public Access) Amendment Bill 2018
- Justice Legislation Amendment Bill (No 3) 2018
- Road Transport Amendment (National Facial Biometric Matching Capability) Bill 2018
- Surveillance Devices Amendment (Statutory Review) Bill 2018
- Terrorism (Police Powers) Amendment (Statutory Review) Bill 2018
- Victims Rights and Support Amendment (Motor Vehicles) Bill 2018
Bills assented to
Crimes (Administration of Sentences) Legislation
Amendment Act 2018 No 74 — Assented to 22 November
2018
For the full
text of Bills, and details on the passage of Bills
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.