Australia: NSW Government Bulletin - In the media, Practice and courts, Cases and Legislation

In the media

Law Council calls for electronic document processes to remain
The Law Council of Australia has called on the government to improve the use of electronic processes in the execution of documents and says consideration should be given to consistency across the states and territories is needed to avoid confusion (01 July 2020). More...

COVID-19 Expanded juries for shorter trials in NSW
The Supreme and District Courts can now order up to three additional jurors in criminal trials estimated to run four weeks or longer, under an amended regulation to the Jury Act 1977 to allow trials to continue if a juror falls ill (01 July 2020). More...

$2 billion partnership to deliver legal assistance services for Australians
A new partnership between the Commonwealth and states and territories will provide a significant boost to legal services available to vulnerable Australians, including people affected by domestic violence (30 June 2020). More...

New Chair for Law and Justice Foundation
Attorney General Mark Speakman announced that Sharon Cook, a highly respected lawyer and champion for women in the legal profession, will chair the NSW Law and Justice Foundation, from for a three year term (30 June 2020). More...

2020 Vision for cyber security
The NSW Government has announced the development of a comprehensive, sector-wide cyber security strategy and is calling for industry submissions to help shape its final outcome (30 June 2020). More...

22 Local war memorials to be restored
Local war memorials across the State will be restored and preserved for future generations with $140,000 from the NSW Government's Community War Memorials Fund (29 June 2020). More...

70 per cent don't trust govt on personal data
An international survey has found Australians are highly distrustful of government surveillance and data collection, especially in relation to COVID-19 (29 June 2020). More...

Changes to speed up payments to victims of crime in NSW
Changes to the Victims Support Scheme aim to significantly reduce the time it takes to deliver recognition payments to victims of crime, the Department of Communities and Justice (DCJ) announced (26 June 2020). More...

New cyber task force to drive standards
An Australian first collaboration between the NSW Government, AustCyber and Standards Australia has seen the creation of a task force charged with accelerating the adoption of industry standards for cyber security across Australia (23 June 2020). More...

Telephone Complaints: updated COVID-19 hours
The NSW Ombudsman is accepting telephone complaints, with some slight changes to our normal service (23 June 2020). More...

A fairer fines system – protecting NSW's most vulnerable people
From 1 July, the NSW Government will introduce an unprecedented initiative to reduce fine amounts for people facing financial hardship as well as allowing everyone to pay by instalments and providing more time for a fine to be reviewed (21 June 2020). More...

Crime plummets during COVID-19 lockdown in NSW
New research shows that crime fell sharply in April 2020 coinciding with strict social isolation strategies introduced to control the COVID-19 pandemic. See the COVID-19 pandemic and crime trends in NSW (18 June 2020). More...

New laws strengthen safeguards against sexual exploitation
Laws to protect young people from being sexually exploited by adults who hold positions of authority over them were passed by NSW Parliament last night (17 June 2020). More...

Practice and courts

New Law Council of Australia Guidelines - Equitable Briefing Policy
The Law Council's portal for the annual reporting by Equitable Briefing Policy adoptees (Policy adoptees) will soon open on 1 July 2020. To assist in this process, the Law Council has updated its Equitable Briefing Policy Reporting Template and Guidelines in response to feedback from previous reporting periods. Policy adoptees have until 30 September 2020 to provide their annual report, and will be updated once the portal is opened on 1 July 2020.

Annual Federal Courts and Tribunals Fee Increases from 1 July 2020 - Amended Notice
The Commonwealth Attorney-General's Department has advised that, due to a number of small errors identified in the Annual Federal Courts and Tribunals Fee Increases Gazette Notice published on 9 June 2020, an amended notice has been published in the Government Notices Gazette on 29 June 2020 setting out the new fees payable from 1 July 2020. More...

High Court of Australia
High Court of Australia Bulletin [2020] HCAB 04 (17 June 2020). More...

Unacceptable conduct by barristers or members of the judiciary
In order to assist members and anyone working in our profession who may be the subject of unlawful discrimination, sexual harassment or workplace bullying, the Association has prepared a factsheet entitled (03 July 2020).

Jury Amendment (Additional Jurors) Regulation 2020 (NSW)
The Jury Amendment (Additional Jurors) Regulation 2020 has been published in the Government Gazette and commenced. As announced by the Attorney General earlier this week, the amendment to the Jury Regulation is necessary to address potential increases in juror absences during the COVID-19 pandemic (03 July 2020).

NSW Land and Environment Court

COVID-19 Pandemic Arrangements Policy
1 July 2020 - The COVID-19 Pandemic Arrangements Policy is replaced by a new Policy effective from 8 July 2020. The new Policy sets out arrangements for the staged return to face-to-face attendances in Court and on-site. More...

Court Fee Increase
1 July 2020- Effective 1 July 2020 the Civil Procedure Amendment (Fees) Regulation 2020 and Criminal Procedure Amendment (Fees) Regulation 2020 has increased the Court's fees by 1.5%. More...

COVID-19: Information for Attending Court
The New South Wales Bar Association's consolidated guide to COVID-19-related court arrangements has again been updated in terms of recent developments (July 2020).

2020 Professional Standards Scheme commences
The fourth New South Wales Bar Association Professional Standards Scheme commenced, 1 July 2020 and will remain in effect until 30 June 2025 (01 July 2020). More...

JUDCOM Sentencing Trends & Issues No 47 — Navigating the Bail Act 2013
30 June 2020 - Georgia Brignell, Principal Research Officer (Legal) Amanda Jamieson, Senior Research Officer (Legal) Editors: Pierrette Mizzi, Director, Research Anne Murphy, Senior Editor (Legal)Judicial officers make important decisions concerning bail. More...

NCAT: Changes to uncollected goods laws
From 1 July 2020, you can apply to NCAT to resolve a complaint or dispute about uncollected goods. The changes also consolidate the existing uncollected goods provisions in various Acts, including tenancy, social housing, strata, residential communities, holiday parks, and retirement villages (01 July 2020). More...

NCAT fees and charges from 1 July 2020
NCAT's fees and charges for the filing of applications, appeals and other services will change on 1 July 2020. A general 1.5% increase will be applied to all NCAT fees and charges. Certain application types continue to have no fee including community services matters and Guardianship Division applications (29 June 2020). More...

NSW IPC Bulletin
It includes quarterly updates on the IPC's recent activities, resources and guidance, links to new case notes, information about upcoming events, and other relevant issues and developments in information access and privacy. More...

New ICAC supplier due diligence guide to help public sector take good care when doing business
The ICAC has released a new guide to help the NSW public sector conduct due diligence checks on potential suppliers (17 June 2020). More...

Decisions of interest
The NSW Court of Appeal has published its latest Decisions of Interest Bulletin on the Judicial Commission's Court of Appeal webpage (26 June 2020). More...

Court of Appeal's Decisions of Interest bulletin
The Decisions of Interest bulletin is a regular publication produced by the Court of Appeal, summarising appellate decisions from Australia and internationally. More...

Resumption of defended hearings in the Local Court of NSW – information for solicitors
The Law Society is working with the NSW Local Court to assist the profession return to work in defended matters as soon as possible. It is in the interests of the Court and solicitors for this to occur. Solicitors should familiarise themselves with the Chief Magistrate's Memoranda 9, 10 and 11 in this regard. More...

NSW Land Registry Services (NSW LRS) fees for 2020/2021
The NSW LRS fees for products and services involving land titles, plans, property information and the Water Access Licence Register will change for the 2020/2021 financial year. See NSW LRS Announcement and the 2020/2021 NSW LRS Fee Update. Note that the 2019/2020 fees will be applied to land title dealings and plans lodged before 1 July 2020 but not finalised until after 1 July 2020.

Published – articles, papers, reports

Gender Equity Insights 2020: delivering the business outcomes

Rebecca Cassells,Alan Duncan; Bankwest Curtin Economics Centre - This 2020 report makes an important contribution to the evidence that increasing the share of women in leadership leads to subsequent improvements in company performance (19 June 2020). More...

Civil society after COVID: on re-building a virtuous civic culture

Peter Kurti; Centre for Independent Studies - Australia faces an unprecedented economic and social challenge. In addition to economic recovery, the equally crucial work of civic repair is required as part of the social transition out of the Covid-19 pandemic (17 June 2020). More...

Cases

Gillies v Legal Aid Commission of New South Wales [2020] NSWSC 836
ADMINISTRATIVE LAW — Particular administrative bodies — Legal Aid — decision of Legal Aid Commission not to grant legal aid — whether Court has jurisdiction to review decision — whether error of law or jurisdictional error

EBJ v Secretary, Department of Communities and Justice [2020] NSWCATAD 166
ADMINISTRATIVE REVIEW – Child Protection – Authorised carers – Where designated agency decided that no further children would be placed with the applicant authorised carers – Whether decision is an administratively reviewable decision

Department of Communities and Justice v Zonnevylle [2020] NSWCATAP 126
STATUTORY INTERPRETATION – access to government information – where applicant applied for government information but did not include such information as was reasonably necessary to enable the government information applied for to be identified – whether application wholly invalid - meaning of phrase "the government information applied for" in s 41(1)(e) of Government Information (Public Access) Act 2009

Chetcuti v The University of Sydney [2020] NSWCATAD 164
ADMINISTRATIVE LAW – personal information of a person other than the applicant - whether there is public interest against the disclosure of the information sought and on balance, that public interest against disclosure overrides the public interest in favour of disclosure – client privilege – in-house lawyers – independence –reasonable searches

Chief Commissioner of State Revenue v Downer EDI Engineering Pty Ltd [2020] NSWCA 126
STATUTORY INTERPRETATION – Payroll Tax Act 2007 (NSW) – ss 32(2)(a) and 32(2)(d)(i) – relevant contract –whether payments made under a subcontract were exempt from payroll tax – whether legal title required to pass for there to be a supply of goods – whether payments were made "under" the subcontract – whether installation services were "ancillary" to the supply of goods STATUTORY INTERPRETATION – Taxation Administration Act 1996 (NSW) – ss 25 and 33 – whether the power to remit penalty tax and interest is limited

Page v Commissioner of Police [2020] NSWCATAD 163
ADMINISTRATIVE LAW – access to government information – access application – public interests in favour of disclosure – public interests against disclosure – whether overriding public interest against disclosure

EFR v Commissioner of Police [2020] NSWCATAD 159
ADMINISTRATIVE LAW – privacy – exemption – NSW Police Force - administrative and educative functions

Commissioner of Police, New South Wales Police Force v Kumar (OBO National Union of Students) [2020] NSWSC 804
PUBLIC ASSEMBLY – Summary Offences Act 1988 (NSW) – whether an order pursuant to s 25(1) of the Summary Offences Act 1988 (NSW) should be made prohibiting the holding of a public assembly – order made

Hussein v Sydney Trains [2020] NSWCATAD 155
HUMAN RIGHTS — discrimination — whether power to dismiss complaint summarily under s 102 of the Anti-Discrimination Act 1977 should be exercised
WORDS AND PHRASES — meaning of "misconceived" and "lacking in substance" EVIDENCE — drawing of inferences – permissible inference v conjecture and speculation

ECN v Commissioner of Police [2020] NSWCATAD 153
ADMINISTRATIVE LAW – public access to government information – Request for information by complainant about a complaint under Part 8A of Police Act 1990 alleging police misconduct – 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 – Whether prejudice the prevention, detection or investigation of a contravention or possible contravention of law – Personal information – balancing public interest considerations

Baldwin v State of New South Wales [2020] NSWCA 112
CRIME – extended supervision order – conditions of order – order requiring consent to searches – validity – whether privilege against self-incrimination abrogated – Crimes (High Risk Offenders) Act 2006 (NSW), s 11
STATUTORY INTERPRETATION – statutory powers – privilege against self-incrimination – abrogation of privilege – conditions imposed under extended supervision order – consent to searches required – clear statement principle – effect of Crimes (High Risk Offenders) Act 2006 (NSW), s 11
STATUTORY INTERPRETATION – statutory powers – conditions imposed under extended supervision order – validity – requirement of reasonable belief to initiate search – whether conditions purport to direct or regulate conduct of officers – whether conditions authorised seizure of third party property

Legislation

NSW

Regulations and other miscellaneous instruments

Administrative Arrangements (Administration of Acts—Amendment No 4) Order 2020 (2020-368) — published LW 1 July 2020
Administrative Arrangements (Administrative Changes—Miscellaneous) Order 2020 (2020-369) — published LW 1 July 2020
Jury Amendment (Additional Jurors) Regulation 2020 (2020-371) — published LW 3 July 2020
Public Health Amendment (COVID-19 Spitting and Coughing) Regulation (No 2) 2020 (2020-372) — published LW 3 July 2020
Civil and Administrative Tribunal Amendment (Fees) Regulation 2020 (2020-302) — published LW 26 June 2020
Civil Procedure Amendment (Fees) Regulation 2020 (2020-303) — published LW 26 June 2020
Crimes (Administration of Sentences) Amendment (Inmate Mail) Regulation 2020 (2020-307) — published LW 26 June 2020
Crimes (Administration of Sentences) Amendment (Uses of Biometric Data) Regulation 2020 (2020-308) — published LW 26 June 2020
Criminal Procedure Amendment (Fees) Regulation 2020 (2020-309) — published LW 26 June 2020
Victims Rights and Support (Victims Support Levy) Notice 2020 (2020-326) — published LW 26 June 2020

Bills assented to

Crimes Amendment (Special Care Offences) Act 2020 No 11 — Assented to 23 June 2020
To strengthen NSW's 'special care' offences which hold to account adults in positions of authority who engage in sexual activity with 16 or 17 year olds under their care.

Law Enforcement Conduct Commission Amendment Act 2020 No 13 — Assented to 23 June 2020
The object of this Bill is to amend the eligibility requirements for appointment of the Chief Commissioner and alternate Chief Commissioner of the Law Enforcement Conduct Commission

For the full text of Bills, and details on the passage of Bills, see Bills.

Reminder: Bills passed by both Houses of Parliament

Evidence Amendment (Tendency and Coincidence) Bill 2020
Enables more evidence about an accused person's sexual interest in children to be considered by the jury in child sexual assault proceedings. The reforms will commence on 1 July 2020.

Bills revised following amendment in Committee – 18 June 2020

Constitution Amendment (Water Accountability and Transparency) Bill 2020
Status: In Parliament. Amended in LA: 17/06/2020

Proclamations commencing Acts

Fines Amendment Act 2019 No 13
(2020-272) — published LW 19 June 2020

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.