In the media
Consultation extended on draft gaming machine harm
minimisation laws
Consultation on the NSW Government's proposed gaming
machine harm minimisation laws has been extended to 11 December
2020 to allow more time for submissions (23 October 2020).
More...
Alarm bells over proposed new ICAC funding model
The ICAC Commissioner has warned that a NSW
Auditor-General's recommendation for Treasury and DPC to
implement a new funding model for the state's key integrity
bodies could fall foul of the law. Chief Commissioner Peter Hall QC
says the report correctly identifies that the current funding model
doesn't recognise the independence of the ICAC (22 October
2020).
More...
Court reforms to protect and empower domestic violence
victims
Attorney General and Minister for the Prevention of
Domestic Violence Mark Speakman said the reforms would allow
complainants in domestic violence criminal proceedings to give
evidence in closed courts or remotely via audio-visual link, while
jurors will be educated on the complexities of abuse (21 October
2020).
More...
New law to help protect pets from domestic violence
perpetrators
Domestic violence victim-survivors and their companion
animals will have greater protections under proposed Apprehended
Domestic Violence Order reforms. The Government's Bill, to be
introduced in NSW Parliament this week, will amend the Crimes
(Domestic and Personal Violence) Act 2007 (18 October
2020).
More...
Joint trial presumption to deliver justice
Another significant reform in response to the
recommendations of the Royal Commission into Institutional
Responses to Child Sexual Abuse will be introduced into the NSW
Parliament which would facilitate more joint trials, allowing
multiple victims of the same perpetrator to give evidence at the
one trial (14 October 2020).
More...
More court protections for 'revenge porn'
victims
Victims of intimate image abuse will have the same court
protections as other sexual assault complainants while judicial
officers will have greater powers to order images and recordings be
destroyed, under legislation to be introduced in NSW Parliament (14
October 2020).
More...
Coercive control reform
Domestic violence victim-survivors, frontline services,
legal experts, law enforcement, academics and the community will
soon have the opportunity to share their views on whether to
criminalise
coercive control in NSW (13 October 2020).
More...
An evaluation of Suspect Target Management Plan
(STMP)
A new study released by the Bureau of Crime Statistics and
Research shows that the New South Wales (NSW) Police Force's
Suspect Target Management Plan is an effective tool for reducing
crime (13 October 2020).
More...
In practice and courts
LSC: Regulation of litigation funding schemes
The Legal Services Council has amended the Legal
Profession Uniform General Rules 2015 with effect from 22 August
2020 so the prohibitions in s 258(1) and (3) of the Legal
Profession Uniform Law do not apply in relation to litigation
funding schemes now regulated as managed investment schemes. The
new rule will operate for 12 months to allow for consultation See
the Legal
Services Council website.
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. More...
COVID-19: Information for attending court - Friday 23
October
The New South Wales Bar Association's
consolidated guide to COVID-19-related court arrangements has
again been updated in terms of recent developments.
icare and workers' compensation independent
review
The NSW Government has opened consultation to inform the
Independent Review of icare, the workers compensation scheme and
the five-year statutory review of the State Insurance and Care
Governance Act 2015.
Feedback is sought by 30 October 2020 based on the Terms of
Reference. Further information is available
here.
Extension of charge certification period - practice and
procedure
In response to a request from the Office of the Director
of Public Prosecutions, the chief magistrate, Judge Graeme Henson
AM, has extended the charge certification period from six to eight
weeks, commencing 16 November 2020 until the end of the 2020 Law
Term.
Reminder: 2020 Professional Standards Scheme
commences
The fourth New South Wales Bar Association Professional
Standards Scheme will remain in effect until 30 June 2025. You can
learn more about the scheme
here.
JUDCOM: Decisions reserved
The Court of Appeal maintains a list of matters before the
Court for which judgment is reserved. The list is updated weekly.
View the latest publication
here.
Notification of NSW District Court of attendance of
Victorian residents
On 15 October, the Chief Judge of the District Court of
NSW advised on attendance of Victorian residents at the Court.
Although residents of Victoria are required to self-isolate for 14
days upon arrival in New South Wales, a border entry permit (NSW)
may exempt them from self-isolation when they are required to
attend court.
Published – articles, papers, reports
Australian Bureau of Statistics
23/10/2020
Assessing admin data quality to enhance the Census, 2020 (cat
no. 2300.0)
19/10/2020
Australian Statistics Advisory Council - Annual Report, 2019-20
(cat no. 1002.0)
12/10/2020
Public Consultation Census Supporter Resources, Oct 2020 (cat
no. 1650.0)
The
report, released this week, focussed on funding for the ICAC,
the NSW electoral Commission, the NSW Ombudsman and the Law
Enforcement Conduct Commission, as well as the role played by NSW
Treasury and the Department of Premier and Cabinet in making
funding decisions.
Policy making in a digital world
Lewis Lloyd; Institute for Government: 23 October
2020
Drawing on interviews with policy experts and digital specialists
inside and outside government, the report argues that better use of
data and new technologies, such as artificial intelligence, would
improve policy makers' understanding of problems like
coronavirus and climate change, and aid collaboration with
colleagues. More...
Energy Security Board data strategy: Consultation
paper
Energy Security Board; COAG Energy Council: 20 October
2020
The Energy Security Board is attempting to drive reforms to
increase transparency across the energy sector and even the playing
field between energy companies and consumers. This consultation
paper outlines ways to close energy sector data gaps through
improved access, protection, sharing, integration. More...
Tech-xit: Can Australia survive without Google and
Facebook?
Jordan Guiao; Centre for Responsible Technology: 19
October 2020
In the wake of threats by Google and Facebook to scale back or
close services in Australia should the federal government proceed
with plans to charge them for news content, this report identifies
serious risks to Australian businesses, government services and
consumers if services are. More...
Australian homelessness monitor 2020
Launch Housing: 19 October 2020
The Australian Homelessness Monitor examines the changes in the
scale and nature of homelessness in Australia, as well as how
social, economic and policy drivers influence these changes. Recent
research shows that the national homelessness rate is set to surge,
as short-term coronavirus and housing. More...
Criminalising coercive control in the context of
domestic and family violence: Key sources
Lenny Roth; Parliamentary Research Service (NSW): 16
October 2020
In recent years, several countries have introduced new offences to
criminalise coercive control in the context of domestic and family
violence. This paper provides a brief overview and a list of key
sources that discuss the issue of criminalising coercive control.
More...
Young people under youth justice supervision and in
child protection 2018–19
Australian Institute of Health and Welfare: 15 October
2020
This report presents information on young people under youth
justice supervision during 2018–19 who had received child
protection services in the 5 years from 1 July 2014 and 30 June
2019. More...
Coercive control: Discussion paper
Department of Communities and Justice (NSW); Government of
New South Wales: 13 October 2020
The Department of Communities and Justice (NSW) has released this
discussion paper on coercive and controlling behaviour in the
context of domestic and family violence in NSW. More...
Select Committee on the Aboriginal Flag: Report
Senate Select Committee on the Aboriginal Flag; Parliament
of Australia: 13 October 2020
The Senate Select Committee on the Aboriginal Flag was established
in September 2020 to inquire into and report on current and former
copyright and licensing arrangements for the Aboriginal flag
design. This report outlines the Committee's recommendations.
More...
An evaluation of the Suspect Target Management
Plan
Steve Yeong; BOSCAR: 13 October 2020
Crime and Justice Bulletin No. 233
Subject Evaluation reports; Policing; Recidivism / Re-offending;
Domestic violence
Both STMP-II and DV-STMP are effective in reducing crime.
More...
Cases
Fraser v Commissioner of Fire and Rescue
NSW [2020] NSWIRComm
1072
PUBLIC SECTOR DISCIPLINARY APPEAL – demotion from
Deputy Manager, ComSafe Training Services, Operational Support
Level 3 to Senior Firefighter – settlement reached –
Deed of Release – demotion altered to Assistant Equipment
Management Officer role, Operational Support Level 2 –
appellant initially placed in Technical Officer role, Operational
Support Level 2 – whether respondent had repudiated the Deed
– whether the Deed constitutes a bar to the appellant
pursuing his disciplinary appeal.
Forbidden Foods Pty Ltd v Rice Marketing Board for the
State of New South Wales (No 3) [2020]
NSWCATAD 257
GOVERNMENT INFORMATION – access application –
public interest considerations in favour of disclosure –
public interest considerations against disclosure – personal
factors of the application – whether overriding public
interest against disclosure.
Storey v Commissioner of the New South Wales Police
Force (No 2) [2020] NSWSC
1429
ADMINISTRATIVE LAW – judicial review of
administrative decisions – review of decision of Commissioner
of Police – removal order under s 181D of the Police Act 1900
(NSW) – whether s 213 of the Police Act 1900 (NSW) precluded
making of removal order – whether error of law on the face of
the record or jurisdictional error– no error established
ADMINISTRATIVE LAW – judicial review of administrative
decisions – review of decision of Industrial Relations
Commission – rejection by IRC of review application in
relation to removal order under s 181D of the Police Act 1900 (NSW)
– review of refusal of leave to appeal from IRC decision by
Full Bench – whether police officer acting in the course of
his duties when engaging in the conduct that led to his removal
– whether jurisdictional error by IRC or Full Bench –
no jurisdictional error established.
Transport for NSW v East Coast Wharf Constructions Pty
Ltd; Transport for NSW v King [2020] NSWLEC
112
PROSECUTION – prosecutions commenced by three
Summonses against each of a corporate and an individual defendant
– individual Defendant prosecuted under special executive
liability provision of the Protection of the Environment Operations
Act 1997 for the offending conduct of the corporate Defendant
– "not guilty" pleas entered by each Defendant to
each charge – Prosecutor agrees not to pursue Summons
alleging Tier 1 offence by each Defendant – each Defendant
then pleads guilty to the two remaining Tier 2 charges laid against
that Defendant – sentencing hearing held PENALTIES –
corporate Defendant to be convicted – guilty plea entered to
two remaining charges – need to provide for both specific and
general deterrence – indicative starting sentences of $40,000
and $90,000 – plea of guilty not entered at earliest
opportunity but of more than minor utilitarian value –
discount of 10 per cent on starting penalties – impact of
imposition of order for payment of Prosecutor's costs –
consideration of totality and accumulation of penalties –
total fine of $105,000 imposed PENALTIES – individual
Defendant to be convicted – guilty plea entered to two
remaining charges – need to provide for both specific and
general deterrence – indicative starting sentence of $12,000
and $27,000 – discount of 10 per cent for the guilty pleas
– impact of imposition of order for payment of
Prosecutor's costs – consideration of totality and
accumulation of penalties – total fines of $28,000 imposed
PUBLICATION ORDER – Prosecutor seeks publication order
– Prosecutor proposes publication in Afloat Magazine, Daily
Telegraph and the Manly Daily publications – Defendants
resist the making of any publication order – appropriate to
make a publication order – notice to be published ordered in
Plain English terms, terms differing from those sought by the
Prosecutor – appropriate to order publication of notice in
Afloat Magazine, and the Manly Daily but not in the Daily Telegraph
– method of specification of effecting publication in
newspaper now only published online – publication order
expressly created by the Protection of the Environment Operations
Act 1997 as being in addition to, and not in substitution for, any
element of the appropriate penalty to be imposed on each Defendant
– not appropriate to reduce the penalty imposed on each
Defendant as a consequence of making a publication order.
Commissioner of Police v Thomson
[2020] NSWSC 1424
PUBLIC ASSEMBLY – Summary Offences Act 1988 (NSW)
– whether order pursuant to s 25(1) should be made
prohibiting the holding of a public assembly – balancing
exercise between competing public interests CONSTITUTIONAL LAW
– Judiciary Act 1903 (Cth) – notice of constitutional
matter – severance of matters.
Bolstad v Psychology Council of New South Wales (No
2) [2020] NSWSC
1417
ADMINISTRATIVE LAW – natural justice – urgent
need for orders to protect public – permanent orders affect
burden of proof – need to preserve right of plaintiff to
prepare and present material while still protecting the public.
Bolstad v Psychology Council of New South
Wales [2020] NSWSC
1416
ADMINISTRATIVE LAW – natural justice – urgent
need for orders to protect public – permanent orders affect
burden of proof – need to preserve right of plaintiff to
prepare and present material while still protecting the public.
Choi v Commissioner of Police, NSW Police
Force [2020] NSWCATAP
211
APPEAL – administrative law – freedom of
information STATUTORY INTERPRETATION – Government Information
(Public Access) Act 2009 (NSW) meaning of s 4 (definition of
'government information') – meaning of 75(1), meaning
of s 112, meaning of s 53(1)
Gabriel's Family Day Care Pty Ltd v Secretary,
Department of Education (No 2) [2020]
NSWCATAD 249
ADMINISTRATIVE LAW- Education and Care Services National
Law – review of decision to cancel provider approval -
Objects and Principles of National Law – Children –
Childcare Services – Administrative review jurisdiction
– correct and preferable decision - whether the Tribunal
should uphold the decision or substitute decision.
Public Service Association of NSW v Insurance and Care
NSW [2020] NSWCATAD
228
ADMINISTRATIVE LAW – public access to government
information – whether prejudice to the supply of confidential
information – Whether prejudice to the effective exercise of
an agency's functions – whether disclosure would reveal a
deliberation, consultation, opinion or advice – whether
prejudice an investigation – Personal information –
balancing public interest considerations
Legislation
Proclamations commencing Acts
Police Amendment (Promotions) Act 2020 No 23 (2020-609) —
published LW 14 October 2020
Regulations and other miscellaneous instruments
Electronic Transactions (ECM Courts) Amendment (NCAT) Order
2020 (2020-622) — published LW 22 October 2020
Local Government (General) Amendment (Minimum Rates) Regulation
2020 (2020-624) — published LW 23 October 2020
Retail and Other Commercial Leases (COVID-19) Regulation (No 2)
2020 (2020-633) — published LW 23 October 2020
Administrative Arrangements (Administration of Acts—Amendment
No 6) Order 2020 (2020-614) — published LW 16 October
2020
Administrative Arrangements (Administrative Changes—Transfer
of Staff to Western City and Aerotropolis Authority Staff Agency)
Order 2020 (2020-613) — published LW 16 October
2020
Liquor Amendment (COVID-19 and Managed Alcohol Program) Regulation
2020 (2020-610) — published LW 14 October 2020
Non-Government – 16 October
Local Government Amendment (Pecuniary Interests Disclosures) Bill
2020
Bills revised following amendment in Committee –
16 October
Statute Law (Miscellaneous Provisions) Bill 2020
Bills introduced – 23 October
Government
Drug Supply Prohibition Order Pilot Scheme Bill 2020
Retirement Villages Amendment Bill 2020
Non-Government
NSW Jobs First Bill 2020
Bills passed by both Houses of Parliament – 23
October
Statute Law (Miscellaneous Provisions) Bill 2020
Stronger Communities Legislation Amendment (Miscellaneous) Bill
2020
Amendments relating to criminal and sentencing procedures
Work Health and Safety Amendment (Information Exchange) Bill
2020
For the full text of Bills, and details on the passage of Bills, see 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.