In the media
ARLC: Abortion no longer a crime in NSW
NSW Parliament has passed historic laws decriminalising
abortion. Women in NSW will finally have the freedom to decide what
is right for their bodies without fear of criminal prosecution (26
September 2019).
More...
Right to Know essential to democracy in a digital
world
Information Access Commissioners and Ombudsmen from across
Australia and New Zealand are urging government agencies to do more
to make information available for the benefit of citizens (26
September 2019).
More...
Lapse of NSW terror offence 'embarrassing'
The NSW government has been criticised for allowing
anti-terror legislation to lapse in an "embarrassing"
oversight. The upper house on Wednesday considered the Justice
Legislation Amendment Bill 2019, which includes changes to
reinstate the offence of membership of a terror organisation (25
September 2019).
More...
Conflict of interest guidelines updated
The Governance Institute of Australia has updated its
public sector guidelines for managing conflict of interest, taking
into account new recommendations by the NSW Independent Commission
Against Corruption (23 September 2019).
More...
New Sheriff's Officers to keep law in order
Eighteen new Probationary Sheriff's Officers joined
the NSW Sheriff's Office today, having taken their oaths to
begin new careers, protecting our courts and those who use them,
across 11 regional locations and three courthouses in Greater
Sydney (20 September 2019).
More...
Slavery in modern Australia': Sacked Uber Eats
worker's case challenges gig economy
A delivery driver suing Uber Eats for underpayment and
unfair dismissal has found support from the union movement, which
says it is time to treat gig workers as employees (16 September
2019).
More...
CCTV to capture crooks on candid camera
Criminals will soon be under the scrutiny of up to a
thousand electronic eyes as the NSW Government rolls out
high-definition CCTV to help protect local businesses in western
Sydney (16 September 2019).
More...
NSW farm trespass bill criticised for turning into a
crackdown on the right to protest
A New South Wales farm trespass bill has been criticised
by civil liberties organisations, environment groups and unions for
turning into "a crackdown on people's rights to
protest".
More...
In practice and courts
IBA report: Legal Eexpenses insurance and access to
Justice
The prohibitive cost of legal advice and representation
affects access to justice in all jurisdictions, regardless of the
level of economic development. The International Bar Association
has published a report,
Legal Expenses Insurance and Access to Justice, which examines
the areas of law, services provided, limits of indemnity and
excesses available in countries as varied as Germany, Japan,
Australia, England and Wales and South Africa (September 2019).
LSC: Call for submissions - Managed Investment Scheme
Review of Uniform General Rules
The Legal Services Council has commenced its review of the
Managed Investment Scheme Uniform General Rules 91A-91D and is
seeking submissions from interested parties until 3 October 2019.
You can find more information
here.
HCA Bulletin
The High Court Bulletin is compiled approximately once a
month, from February to December after each Court sitting - See
High Court of Australia Bulletin [2019] HCAB 07
(24 September 2019)
Reminder: Practice Directions - High Court of Australia,
No 1 of 2019
Reminder: This Practice Direction takes effect in relation
to matters set down for hearing after 1 October 2019. In
consultation with the respondent and any interveners, the appellant
must prepare a joint book of the authorities which reference will
be made during the course of oral argument at the hearing of the
appeal.
More...
OAIC Guide to privacy regulatory action
Guide to privacy regulatory action has been updated to
provide greater clarity about matters considered by the
Commissioner regarding enforceable undertakings and independent
experts. The update follows a review of similar policies and
enforceable undertakings in relation to other regulatory areas
within the Commonwealth (28 August 219).
More...
Supreme Court Practice Notes
SC EQ 9
Practice Note SC EQ 9 - Commercial Arbitration List – 26
September 2019
This replaces the previous version of the PN issued 10 December
2008 and commenced 23 September 2019
NSW Fair Trading
The Building Professionals Board's website will
permanently close from 2 October,
and visitors will be redirected to the
NSW Fair Trading website. You're encouraged to visit the
certifier section of the NSW Fair Trading website today and update
any weblinks and bookmarks. The website closure is part of the
Board's integration into NSW Fair Trading.
NSW IPC: Right to Know Week NSW
Right to Know Day (RTK) is an
international annual event to be held on 28 September aims to
increase awareness of individuals' right of access to
government information and open, transparent governance. More...
NSW Courts Decisions of Interest
The NSW Court of Appeal has just published its latest
Decisions of Interest Bulletin on the Court of Appeal
website. Learn more
here (26 September 2019).
Published - articles, papers, reports
The revolving door between government and the alcohol,
food and gambling industries in Australia
Narelle Robertson, Gary Sacks, Peter Miller; Public Health
Research & Practice: 25 September 2019
More than one-third of people registered on the Australian
government Register of Lobbyists have previously been government
representatives. This article aims to explore the incidence of the
'revolving door' phenomenon, whereby individuals move
between positions in government and positions in the Australian
alcohol, food and gambling industries. More...
Cases
DQP v Commissioner of Police, NSW Police
Force [2019] NSWCATAD
201
ADMINISTRATIVE LAW - Privacy – Personal Information
– disclosure – whether respondent exempt from privacy
provision – whether safeguards sufficient – whether
nature of action taken sufficient – evidence to establish
loss and damage – insufficiency of evidence – nature of
evidence.
Youssef Nouh v Commissioner for NSW Fair
Trading [2019] NSWSC
1303
ADMINISTRATIVE LAW – judicial review –
Property, Stock and Business Agents Act 2002 (NSW) ss
118(2) and 222 – where a delegate of the Commissioner for NSW
Fair Trading had power to issue a direction to freeze an account
– whether form of direction complied with the requirements of
the Act – whether there was a requirement to afford
procedural fairness before or after giving the direction –
whether the direction was invalid because it was unreasonable;
HELD: direction valid
Flevotomos v Independent Liquor and Gaming Authority
(No 2) [2019] NSWCATAD
184
ADMINISTRATIVE REVIEW – liquor licensing –
former licensee banned for life from holding a liquor licence
– whether condition prohibiting former licensee from
attending the licensed premises and having an involvement with the
business should be imposed.
DSM v NSW Trustee and Guardian
[2019] NSWCATAD 193
ADMINISTRATIVE LAW – review under section 62 NSW
Trustee and Guardian Act 2009 (NSW) – Trustee and
Guardian - interests and welfare of protected person –
whether to sell a protected persons property – financial
management order
Cappello v Roads and Maritime Services
[2019] NSWCA 227
ADMINISTRATIVE LAW – compulsory acquisition of
property for the purpose of the construction of a tollway –
validity of proposed acquisition notices issued – statutory
authority of RMS to acquire land under s 177 of the Roads Act
1993 (NSW) STATUTORY INTERPRETATION – Roads Act
1993 (NSW), s 177 – meaning of "the purposes of
this Act" – whether "the purposes of this Act"
are confined to the objects described in s 3 of the Act
Legislation
Bills
Regulations and other miscellaneous instruments
Liquor
Amendment (Miscellaneous) Regulation (No 2) 2019 (2019-463)
— published LW 20 September 2019
Bills introduced Government – 27 September
2019
Road Transport Amendment (Mobile Phone Detection) Bill 2019
Bills passed by both Houses of Parliament – 26
September 2019
Justice Legislation Amendment Bill 2019
Reproductive Health Care Reform Bill 2019
Bills assented to
Justice Legislation Amendment Act 2019 No 10
— Assented to 26 September 2019
Queensland
Bills
Child Death Review Legislation Amendment Bill
Introduced by: Hon Y D'Ath MP on 18/09/2019
Stage reached: Referred to Committee on 18/09/2019
The policy objective of the Amendment Bill is to implement the
recommendation of the Queensland Family and Child Commission report
entitled 'A systems review of individual agency findings
following the death of a child', and give effect to the
Government's commitment to develop a new, independent model for
reviewing child death cases.
Police Powers and Responsibilities and Other Legislation Amendment
Bill
Introduced by: Hon M Ryan MP on 18/09/2019
Stage reached: Referred to Committee on 18/09/2019
Electoral (Voter's Choice) Amendment Bill
Introduced by: Mr D Janetzki on 18/09/2019
Stage reached: Referred to Committee on 18/09/2019
Victoria
Acts
Victorian Independent Remuneration Tribunal and Improving
Parliamentary Standards Act 2019
Act Number: 5/2019 - Sections 48-54, 56-60, 62, 80-82 of this Act
came into operation on 16 September 2019 s. 2(4)Sections 48-54,
56-60, 62, 80-82 of this Act came into operation on 16 September
2019 s. 2(4)
Children Legislation Amendment Act 2019
Act Number: 30/2019 Date of assent: 17 September 2019
Legal Profession Uniform Law Application Amendment Act
2019
Act Number: 31/2019 Date of assent: 17 September 2019
Statutory Rules
No 83
Victorian Independent Remuneration Tribunal and Improving
Parliamentary Standards Amendment Regulations 2019
No 87
Magistrates' Court General Amendment Regulations 2019
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.