In the media
Espionage report a step in the right direction
The Law Council has welcomed the release of the PJCIS
Advisory Report on the National Security Legislation Amendment
(Espionage and Foreign Interference) Bill 2017. The lengthy
report has accepted evidence that there is a need to ensure the
Bill is proportionate and appropriately targeted to the threat,
while strengthening and modernising current espionage and foreign
interference laws (08 June 2018).
More...
More...
Turnbull Government encourages child sex abuse survivors
to contribute to National Apology
The Turnbull Government is encouraging people who suffered
or were affected by institutional child sexual abuse, and their
supporters, to contribute to the development of the National
Apology (07 June 2018).
More...
NSW Powers to prevent terrorist attacks to
continue
Targeted powers to help police combat terrorism will
remain in place with new safeguards to ensure the extraordinary
measures continue to be used appropriately, Attorney General Mark
Speakman has announced. The changes strike the right balance
between keeping the community safe and providing safeguards to
prevent the powers unnecessarily encroaching on liberties (07 June
2018).
More...
NSW Review recommends defamation cyber-age reboot
NSW will lead a push to modernise defamation law across
the country in response to a NSW review that found amendments
should be considered to improve the way the justice system deals
with digital media cases (07 June 2018).
More...
Historic new NSW laws get tough on child sex abuse
One of the state's largest ever criminal justice
reform packages will be introduced into NSW Parliament, heralding a
milestone for survivors of child sex abuse and delivering tough
laws to crack down on paedophiles (06 June 2018).
More...
NSW first to harmonise with amended
Commonwealth Marriage Act in
NSW
NSW has become the first state or territory to harmonise
comprehensively its laws with the amended Commonwealth Marriage
Act 1961. The State Parliament has today passed legislation
changing 53 NSW Acts and Regulations, bringing NSW laws into line
with the amended Commonwealth Act (06 June 2018).
More...
New laws improve victim support in NSW
New laws introduced will make it faster and easier for
victims of crime and their families to access financial assistance
and counselling, particularly those impacted by domestic violence
and homicide. These changes will provide greater clarity and ensure
more victims and families get the support they need to recover from
the trauma of being victims of violent crimes (06
June 2018).
More...
New laws to target incitement of violence
Individuals who incite or threaten violence against people
based on their race, religion or sexuality will risk a three-year
jail sentence under new laws to be introduced into NSW Parliament,
Attorney General Mark Speakman has announced (05 June 2018).
More...
LCA: Closing the Gap Refresh Discussion Paper
The Law Council provided a submission to the Council of
Australian Government's Closing the Gap Refresh Discussion
Paper on 4 May 2018. The Law Council's submission emphasised
the importance of ensuring that Aboriginal and Torres Strait
Islander communities are central to the design and leadership of
the Close the Gap strategy, and that future directions must allow
for self-determination and community-led change (04 June 2018).
More...
Discussion Paper 85 published by ALRC
The Australian Law Reform Commission
(ALRC) has released a Discussion Paper, Class
Action Proceedings and Third-Party Litigation Funders (DP
85), and is calling for comments and feedback on its
questions and proposals for law and system reform. Following the
release of the Discussion Paper, the ALRC will begin a second round
of stakeholder consultations (31 May 2018).
More...
LCA: Family Law Court amalgamation announced
The Attorney General declared a shake-up of both the
Family and Federal Circuit Courts on Wednesday 30 May, announcing
the two would be amalgamated to form a single new Federal Circuit
and Family Court of Australia (FCFCA) (01 June
2018).
More...
Government statement: Court Reforms to help families
save time and costs in family law disputes
Families will be helped to resolve their disputes more
quickly as a result of Turnbull Government reforms to the handling
of family law matters in the federal court system (30 May 2018).
More...
Family and Federal Circuit Court reform details
awaited
The Law Council has noted Australian Government's
plans to amalgamate the Federal Circuit Court of Australia and the
Family Court of Australia. The Council notes the increasing number
of self-represented people appearing before the courts also
contributes to the time that courts take to deal with matters and
leads to unjust outcomes (30 May 2018).
More...
Review of national intelligence legislation
The Turnbull Government will undertake the most
significant review of intelligence legislation in more than 40
years. The Review will consider options for harmonising and
modernising the legislative framework that governs the activities
of our intelligence agencies to ensure they operate with clear,
coherent and consistent powers, protections and oversight (30 May
2018).
More...
Australian Government's national facial recognition
regime needs a serious rethink
New laws proposed by the Department of Home Affairs would
authorise the creation of a "dragnet database", compiling
images of innocent Australians – including children –
from their drivers' licences, identification cards and passport
photos (29 May 2018).
More...
Concluding statement — Centrelink release of
personal information
Having carefully considered the specific public statements
made by the Centrelink customer, and the specific information
disclosed in response, the acting Australian Information
Commissioner and acting Privacy Commissioner reached the conclusion
that, in this instance, the disclosure personal information into
the public domain was permitted by APP 6.2(a)(ii) (29 June 2018).
More...
Appointments to the Federal Circuit Court of
Australia
The Attorney-General announced the appointment of two
judges to the Federal Circuit Court of Australia: Mr Terry Betts to
the Newcastle Registry and Mr Bruce Smith to the Sydney Registry
(29 May 2018).
More...
Commissioner delivers anti-racism message to media
agencies
Race Discrimination Commissioner Tim Soutphommasane has
highlighted the need to embrace cultural diversity and to recognise
racism in a speech to executives from advertising, media and
communications agencies (28 May 2018).
More...
AAT appearance at Senate Estimates
On 24 May, the AAT appeared before the Budget Estimates
hearings of the Senate Legal and Constitutional Affairs Legislation
Committee. The nature of the role of any court or tribunal means
there will invariably be questions about particular decisions. In
the case of the AAT, all decisions can be appealed to the Federal
Circuit Court or Federal Court and be overturned if they are found
to be affected by legal error (25 May 2018).
More...
Abortion clinic safe access zones: High Court test
case
Laws that protect the dignity, safety and privacy of women
seeking reproductive healthcare should be upheld the Human Rights
Law Centre has argued in a submission to the High Court (25 May
2018).
More...
In practice and courts
Open Government Forum Meeting - 14 June 2018
National Action Plan 2 - 2018 – 2020 - The Open
Government Forum will meet on Thursday, 14 June 2018 in Sydney to
discuss a number of matters, including refining the draft
commitments for Australia's next Open Government National
Action Plan. An agenda and papers for the meeting are available
here (08 June 2018).
OAIC statement: Clarification to the OAIC's
2016–17 Digital Health Annual Report web page
The Office of the Australian Information Commissioner has
amended the
web version of its Annual report of the Australian
Information Commissioner's activities in relation to digital
health 2016–17 to address a formatting error in relation
to several footnote references, which occurred during the HTML
conversion of the tabled report. The
PDF version of the tabled report published at the time did not
contain the error. (07 June 2018).
More...
OAIC statement: Statement on PageUp People Limited
The Office of the Australian Information Commissioner is
aware of an incident involving PageUp People Limited, a provider of
human resources services for a number of Australian entities.
PageUp has issued a statement on its
website. The OAIC has published a number of resources for those
affected by a data breach and action they can take here
(06 June 2018).
More...
Acting Australian Information Commissioner and acting
Privacy Commissioner approves variations to the
Privacy (Credit Reporting) Code
2014
On 29 May 2018, the acting Australian Information
Commissioner and acting Privacy Commissioner approved a variation
of the registered Privacy (Credit Reporting) Code 2014
Version 1.2 (CR Code Version 1.2). The variations
are proposed to commence on 1 July 2018. A new version of the
Privacy (Credit Reporting) Code will be included on the OAIC's
Codes Register (30 May 2018).
More...
OAIC: Information Publication Scheme — 2018 Survey
of Australian Government agencies
The 2018 Information Publication Scheme
(IPS) Survey of Australian Government agencies
that are subject to the Freedom of Information Act 1982
(Cth) has commenced. If you have any questions or require further
information about the IPS Survey, contact Mabel Dela Cruz of ORIMA
Research. More...
JCA warns of judges in the crossfire of court
restructuring
The Judicial Conference of Australia has issued
a statement expressing concern that judges might be "in
the crossfire of debate" over proposed restructure of the
Family Court and the Federal Circuit Court. Similar concerns have
been expressed by the presidents of the West Australian, Queensland
and New South Wales Bar Associations (04 June 2018).
Human rights and technology
New challenges to our basic rights and freedoms in an age
of big data, artificial intelligence and social media, will be
explored by leaders in industry, government and academia at a
landmark event in Sydney. The Australian Human Rights
Commission's Human Rights and Technology conference
will take place on 24 July 2018, at the Four Seasons Hotel in
Sydney. More information about the project and the conference is
available here.
Human Rights Law Centre Submissions
Submission: The dangers of unregulated biometrics use (30 May
2018)
The Human Rights Law Centre told a Parliamentary Committee that the
federal government's proposed new powers to undertake facial
recognition identification and surveillance are dangerously
overbroad, and could dramatically alter the freedom of ordinary
people going about their daily lives.
High Court Bulletin
High Court of Australia Bulletin [2018] HCAB 04 (29 May 2018)
ALRC Discussion Paper: Class Action Proceedings and
Third-Party Litigation Funders (DP 85)
The ALRC invites submissions in response to the proposals,
questions and analysis in the Discussion Paper, which is available
here.
Submissions are due to the ALRC by 30 July, 2018.
Law Council of Australia Submissions
Intellectual Property Laws Amendment (Productivity Commission
Response Part 1 and Other Measures) Bill 2018 (Provisions)
(01 June 2018).
Recent media coverage concerning the AAT
The Administrative Appeals Tribunal (AAT)
issues further corrections to address inaccurate media reporting.
In neither case before the tribunals was criminal conduct or
character a basis upon which the visa was refused by the then
Department of Immigration (the Department) (01
June 2018).
More...
AAT Bulletins 2018
Issue No. 21/2018 (4 June 2018)
Issue No. 20/2018 (28 May 2018)
Reminder: Mandatory data reporting update
A number of certifying authorities are already reporting
data, and each of the three reporting options (API, SFTP and mobile
app) are available and in use. Councils and certifiers should be
preparing for the 1 July 2018 mandatory reporting date. The Board
will have an education focus for the first six months after this
date.
More information:
API and SFTP
specifications: BPB's website will always have the latest
version
April 2018 roadshow presentation
Certification
data reporting and
FAQs
Copyright modernisation consultation
Consultation paper submissions due by 04 July 2018.
Federal Circuit Court case management pilot
A case management pilot commenced in the Brisbane Registry
of the Federal Circuit Court on 4 June 2018, which will run for
approximately seven months. During the pilot, the current docket
system will be replaced with a system under which three duty judges
will have carriage of a matter from the first return date until
trial. The remaining judges will hear trials only.
More....
OAIC Key dates
Australian Government Agencies Privacy Code -
Commences 1 July 2018.
NSW Privacy Commissioner: New Open Data online resource
promotes Open Data release during Information Awareness Month
NSW Information Commissioner and Open Data Advocate,
Elizabeth Tydd, has launched a new Open Data e-learning
resource in collaboration with the Department of Finance,
Services and Innovation (DFSI) during Information
Awareness Month 2018 (IAM) (31 May 2018).
More...
Defamation law reform
The NSW Attorney General has announced that NSW will
"lead a push to modernise" Australia's defamation law
and improve the justice system's engagement with digital media
cases. The Attorney's announcement follows the release of a
new report by the NSW Department of Justice containing 16
recommendations (08 June 2018).
More...
NSW Court of Appeal
The NSW Court of Appeal has just published its latest
Decisions of Interest Bulletin on the Court of Appeal website
(08 June 2018).
More...
ICAC: Operation Dasha public inquiry now to resume on
Thursday 14 June
The ICAC Operation Dasha public inquiry being held as
part of its investigation into allegations concerning the former
Canterbury City Council will now resume on Thursday 14 June at 9.30
am. Click
here to view the witness list for the first week of this
segment (08 June 2018).
ICAC: Prosecution briefs with the DPP and
outcomes
Tables of prosecution briefs with the DPP and outcomes (01
June 2018).
ICAC: Corruption Matters stakeholder e-newsletter issue
51 now available
The latest edition of the ICAC's "Corruption
Matters" stakeholder e-newsletter, packed with the latest
news, is now available (28 May 2018). More...
BOSCAR Publication Releases
NSW Recorded Crime Statistics quarterly update March 2018 (06
June 2018)
In the 24 months to March 2018, two of the 17 major offences were
increasing, three were trending downward and the remaining 12
offences were stable.
NSW Criminal Courts Statistics 2017 (29 May 2018).
No 'Wave of Violence' according to the NSW Bureau of Crime Statistics and Research (28 May 2018).
Consent in relation to sexual assault offences:
Consultation
The Attorney General has asked us to review s 61HA of the
Crimes Act 1900 (NSW) which deals with consent in relation
to sexual assault. The deadline for preliminary submissions is 29
June 2018. See the
Terms of reference and
make a preliminary submission.
Published – articles, papers, reports
Protection orders for domestic violence: a systematic
review
Christopher Dowling et al; Australian Institute of
Criminology: 07 June 2018
This study systematically reviews research into the use and
impact of protection orders, using the EMMIE framework
(Effectiveness, Mechanisms, Moderators, Implementation and
Economy). More...
Political influence of donations
Senate Select Committee into the Political Influence
of Donations; Parliament of Australia: 06 June 2018
This inquiry focused upon the level of influence that
political donations exert over the public policy decisions of
political parties, Members of Parliament and government
administration. More...
Exposure Draft—Copyright Amendment (Service
Providers) Regulations 2018: consultation paper
Department of Communications and the Arts (Australia):
05 June 2018
This consultation paper sets out some specific matters in
relation to which stakeholder views are sought. However submissions
are welcomed on any aspect of the Exposure Draft, and more
generally, on whether the Exposure Draft is fit for purpose. More...
Disability support services: services provided under the
National Disability Agreement 2016–17
Australian Institute of Health and Welfare: 01 June
2018
While the National Disability Insurance Scheme
(NDIS) is expected to largely replace the current
provision of services to people with disability under the National
Disability Agreement (NDA), many people were still
receiving support under the NDA in 2016–17. More...
Organised crime research in Australia 2018
Russell G. Smith; Australian Institute of Criminology:
01 June 2018
This collection of papers, presented at the second national
Organised Crime Research Forum, draws on the insights and
experiences of organised crime researchers to contribute to the
evidence base needed to adapt and develop ever more effective
responses to the threat of organised crime. More...
Inquiry into class action proceedings and third-party
litigation funders: discussion paper
Australian Law Reform Commission: 31 May 2018
The ALRC invites submissions in response to the proposals,
commentary, analysis and questions in this discussion paper, which
examines the increased prevalence of class action proceedings; the
importance that costs in these matters are appropriate and
proportionate; and the need to protect the interest of plaintiffs
and class members. More...
Serious Offenders Bill 2018
Alice Petrie; Parliamentary Library and Information
Service (Vic): 30 May 2018
The Serious Offenders Bill 2018 was introduced to the
Victorian Legislative Assembly on 8 May 2018. It seeks to establish
a civil, protective scheme under which offenders who have served
custodial sentences for certain serious sexual and/or violent
offences, and who present an unacceptable risk of harm to the
community, can be made subject to ongoing detention or supervision.
More...
Identity crime and misuse in Australia: results of the
2016 online survey
Russell G. Smith, Penny Jorna; Australian Institute of
Criminology: 24 May 2018
This report presents the results of the latest identity crime
and misuse survey, undertaken by the AIC in May 2016. It updates
information obtained in earlier surveys, undertaken in 2013 and
2014, and provides an indication of how the identity crime and
misuse of personal information environment has changed in Australia
since 2013. More...
'Sentencing advocacy: all your questions
answered
Justice James D Henry, Judge Leanne Clare SC, and
Judge Gregory Lynham
This paper was presented to the 2018 NQLA Conference in Cairns
on 26 May 2018.
More...
Cases
Svanda v Commissioner of Police, NSW Police
Force [2018] NSWCATAP
145
APPEAL –– access to government information -
role of Tribunal when reviewing an administratively reviewable
decision – whether the Tribunal is reviewing a decision on
the basis of the factual material before the administrator or on
the basis of the factual material before the Tribunal –
whether agency is obliged to give the Tribunal a copy of all the
information to which the applicant has been given access.
Kaye v Health Care Complaints Commission
[2018] NSWCATAP 146
APPEAL – question of law – whether the
Tribunal exercised its discretion in a manner which was so
unreasonable that the decision should be set aside – whether
Tribunal breached the rules of procedural fairness .
Shoebridge v Office of Environment and
Heritage [2018] NSWCATAP
144
GOVERNMENT INFORMATION - where agency decided not to
determine an application for a discount to a processing charge
until it was ready to make a decision on access to the information
– whether that 'decision' was 'a decision to
refuse a reduction in a processing charge' under s 80(k) of the
Government Information (Public Access) Act 2009 - whether
decision was "a decision to refuse to deal with an access
application" under s 80(c) – NCAT's administrative
review jurisdiction – appeal from obiter dicta –
advisory opinions.
Shoebridge v Commissioner of Police, NSW Police Force
(No. 3) [2018] NSWCATAD
110
ADMINISTRATIVE LAW - Government Information (Public
Access) Act 2009 – Government Information – Access
– Confidential information –Cabinet material –
Position Minister has taken is taking will take is considering
taking to Cabinet – Deliberative process – Process
concluded – Weight of evidence when process concluded.
CME v The University of Technology Sydney
[2018] NSWCATAD 113
Administrative Law – Privacy – publication of
tribunal decision – collection - use – disclosure - the
"open-court" principle - whether non-compliance is
lawfully authorised or required - whether publication of a decision
relates to the judicial function of tribunal.
Chapman v Safework NSW
[2018]NSWCATAD
114
ADMINISTRATIVE LAW - High Risk Work Licence –
Dogging – Forklift Trucks – Bridge and Gantry Crane
– renewal documents not received by applicant - whether
exceptional circumstances to allow late lodgement of renewal
application.
Luk v Commissioner of Police, New South Wales Police
Force [2018] NSWCATAD
111
STATUTORY INTERPRETATION – security industry
licensing – mandatory licence revocation provisions –
whether applicable - expressio unius. WORDS AND PHRASES –
"intimidation" –
"menacing"-"objective facts".
Summersford v Commissioner of Police
[2018] NSWCA 115
ADMINISTRATIVE LAW – Police Act 1990 (NSW)
Part 8A – obligation to accord procedural fairness to police
officer the subject of an anonymous complaint under Part 8A –
Police Act 1990 (NSW) s 173 – decision to
take non-reviewable action against a police officer – content
of procedural fairness where non-reviewable action taken –
Police Act 1990 (NSW) s 169A – meaning of
"complainant" – Police Regulation 2008
(NSW) cl 53 – Police Regulation 2015 (NSW)
cl 54 – obligation of non-disclosure of the identity
of complainants – whether procedural fairness required
disclosure of the identity of complainants and investigation
reports in the circumstances of the case COSTS – Uniform
Civil Procedure Rules r 42.1 – where there has been a
mixed result in proceedings.
Tomislav & Ranka Divljak (trading as DTR Ceilings)
v Workers Compensation Commission & Ors
[2018] NSWSC 760
ADMINISTRATIVE LAW — judicial review — implied
statutory obligation to give reasons — inadequate reasons
— error of law on the face of the record. ADMINISTRATIVE LAW
— judicial review — determination of Appeal Panel of
Workers Compensation Commission — appeal from Medical
Assessor — failure to respond to grounds of appeal —
procedural fairness — constructive failure to exercise
jurisdiction — determination quashed — matter remitted
to fresh appeal panel.
Legislation
Proclamations commencing Acts
Smoke-free Environment Amendment Act 2018 No 13 (2018-243)
— published LW 8 June 2018
Regulations and other miscellaneous instruments
Crimes (Administration of Sentences) Amendment (Inmate Searches)
Regulation 2018 (2018-245) — published LW 8
June 2018
Election Funding, Expenditure and Disclosures (Adjustable Amounts)
Amendment Notice 2018 (2018-247) —
published LW 8 June 2018
Bills introduced - Government (08 June 2018)
Crimes Amendment (Publicly Threatening and Inciting Violence)
Bill 2018
Criminal Legislation Amendment (Child Sexual Abuse) Bill
2018
Victims Rights and Support Amendment (Statutory Review) Bill
2018
Bills passed by both Houses of Parliament (08 June
2018)
Miscellaneous Acts Amendment (Marriages) Bill
2018
Public Health Amendment (Safe Access to Reproductive Health
Clinics) Bill 2018
Statute Law (Miscellaneous Provisions) Bill 2018
Proclamations commencing Acts
Child Protection (Working with Children) Amendment (Statutory
Review) Act 2018 No 14 (2018-224) — published LW 1
June 2018
Bills assented to
Electoral Funding Act 2018 No 20 — Assented
to 30 May 2018
Click
here 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.