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In the media
Free NSW diary covers legal grey areas
Attorney General Mark Speakman and Minister for Ageing
Tanya Davies have today encouraged NSW seniors to pick up a free
diary that will help thi understand their rights under the law and
plan the year ahead. In a special introductory message to the 2018
diary, former High Court judge Michael Kirby notes that many legal
issues have special relevance to older people (25 Noviber 2017).
More...
Domestic Violence Order Schie comes in to effect
providing nationwide protections
People fleeing family violence will have better
protections from today under the new National Domestic Violence
Order Schie (NDVOS). Domestic violence orders
issued from 25 Noviber 2017, in any Australian state or territory
will automatically be recognised and enforceable nationwide (25
Noviber 2017).
More...
National protection for domestic violence victims in
NSW
New domestic violence orders will be automatically
enforceable across State and Territory borders to increase victim
protection, Minister for the Prevention of Domestic Violence and
Sexual Assault Pru Goward and Attorney General Mark Speakman
announced today. Police will be able to prosecute offenders for
breaches of domestic violence orders – even if they occur in
a different state (24 Noviber 2017).
More...
Electoral Bill 2017: NSW
Government Modernises the Electoral Systi
On the 22 Noviber 2017, the Legislative Council of New
South Wales passed the Electoral Bill 2017 (the
Bill). This Bill repeals and replaces the
Parliamentary Electorates and Elections Act 1912 with the
aim of making provision for the conduct of State Parliamentary
elections (23 Noviber 2017). More...
New community safety test for parole
The new changes include the introduction of a new test
that SPA will apply when making parole decisions. The test is
called the 'Community Safety Test' and it ensures that
community safety is the SPA's paramount consideration when
making parole decisions (23 Noviber 2017).
More...
Expert panel examining religious freedom supported,
marriage equality should now be passed swiftly
The establishment of an
expert panel, chaired by the Hon Phillip Rudduck, to examine
the human right to religious freedom is a welcome development that
will help uncouple this important debate from the straight-forward
Senator Dean Smith Bill to legalise same-sex marriage (22 Noviber
2017).
More...
PM Announces Inquiry into Protection of Religious
Freedom in Australian Law
The Prime Minister has announced that the Cabinet have
appointed former Liberal minister the Hon Philip Ruddock to head an
inquiry which will examine "whether Australian law adequately
protects the human right to religious freedom." (22 Noviber
2017). More...
Lawyers alliance accuses NSW Government of
overreach
Lawyers accuse the New South Wales Government and
Opposition of overstepping the mark after criticising the sentence
handed to a child sex offender (22 Noviber 2017).
More...
Copyright Agency sues NSW Government
The Copyright Agency says it has been 'pushed to the
last resort' and is suing the NSW Government over the
non-payment of fees for copyrighted material being shared within
and between state government agencies (21 Noviber 2017).
More...
How sexting is creating a legal minefield for teens and
the courts
Judges are being forced to consider whether to record
serious child pornography convictions against young Australians,
and there are calls for greater clarity around the prosecution of
such cases (18 Noviber 2017).
More...
Opal Card False Imprisonment Case Overturned By
NSWCA
In State of New South Wales v Le [2017] NSWCA
290, the NSW Court of Appeal (the Court) has
overturned a decision by the NSW District Court that saw a man
stopped by transport police awarded damages of $3,201 for
"false imprisonment". The Court found that "the
officers were justified in the steps they took in stopping and
detaining the respondent" [at 23] and allowed the appeal (17
Noviber 2017). More...
Funding for local solutions to local crime
Local businesses, councils and community groups with
grassroots solutions to crime in their local communities have the
chance to apply for up to $250,000 each in grant funding, Attorney
General Mark Speakman and Minister for Police Troy Grant announced
today (16 Noviber 2017).
More...
Marriage Amendment (Definition and Religious
Freedoms) Bill 2017 - Proposed Same-Sex
Marriage Bill
15 Noviber 2017 marked the release of the results of the
Australian Bureau of Statistic's Marriage Equality Postal
Survey. The results found that, of the population of Australians
that voted in the survey, 61.6% voted yes: the law should be
changed to allow same-sex couples to marry. In response to this
majority postal vote, Senator Dean Smith released the Marriage
Amendment (Definition and Religious Freedoms) Bill 2017 (the
Bill) (16 Noviber 2017). More...
LCA: It's a 'yes' for marriage equality! Now
for legislation that does not discriminate
With the 'yes' vote now confirmed, Parliament
must move swiftly to introduce legislation that legalises marriage
equality while preserving important anti-discrimination protections
for LGBTI Australians (15 Noviber 2017).
More...
Same-sex marriage bill introduced, paving way for debate
on religious exiptions
In a historic moment for the Australian Parliament,
Liberal senator Dean Smith introduces the bill expected to legalise
same-sex marriage (15 Noviber 2017).
More...
Australia returns resounding Yes vote but debate over
details has long way to go
The process for a historic free vote on same-sex marriage
is now formally underway in Federal Parliament after Australians
delivered a resounding Yes vote in the national postal survey (14
Noviber 2017).
More...
Tough new terrorism legislation enters NSW
Parliament
Tough new laws that will keep radicalised and dangerous
criminals behind bars will be introduced into Parliament today. The
Terrorism (High Risk Offenders) Bill 2017 will give
authorities power to keep offenders locked up if they pose an
unacceptable risk of committing serious terrorism offences after
completing their sentences (14 Noviber 2017).
More...
LCA: New Bill an extraordinary winding back of
anti-discrimination laws under cover of same-sex marriage
The draft Marriage Amendment (Definition and
Protection of Freedoms) Bill 2017 to legalise same-sex
marriage, released by Senator James Paterson today, represents an
'extraordinary and perilous' winding back of
Australia's anti-discrimination laws under the cover of
marriage equality (13 Noviber 2017).
More...
Council and dog advertising under spotlight: NSW
Margaret Crawford, the NSW Auditor-General, recently
tabled a new report titled 'Government Advertising: Campaigns
for 2015-16 and 2016-17, placing a spotlight on two campaigns that
garnered significant media attention. The report makes four
recommendations that aim to help agencies comply with existing
requirients and improve transparency where the need to commence
advertisient is deied to be 'urgent' under the
Government Advertising Act 2011 (Noviber 2017).
More...
In practice and courts
High Court of Australia (17 Noviber 2017)
NOTICE - Reference by the Senate to the Court of Disputed
Returns –
Mr Stephen Parry
NOTICE - Reference by the Senate to the Court of Disputed Returns
–
Ms Jacqui Lambie
Senator Paterson - Marriage Amendment (Definition
and Protection of Freedoms) Bill 2017 – draft
This is a draft Bill for an Act to amend the law relating
to the definition of marriage and to protect freedom of thought,
conscience, religion, expression and association, and for related
purposes (13 Noviber 2017).
More...
NSW Land and Environment Court
Volume 9 Issue 3 of the Court's Judicial Newsletter is now
available (16 Noviber 2017).
Riinder: Suprie Court of NSW: Updated forms for costs
assessment
Updated costs assessment forms have recently been
published on the
Suprie Court website. From 1 January 2018 the registry will
only accept these costs assessment forms for processing.
APSACC 2017 papers available soon
Available papers from the 6th Australian Public Sector
Anti-Corruption Conference will soon be accessible from the APSACC
website (20 Noviber 2017).
More...
ICAC: Prosecution briefs with the DPP and outcomes
Tables of prosecution briefs with the DPP and outcomes.
Last updated 20 Noviber 2017.
More...
ICAC Noviber 2017 workshops
Workshops by leading practitioners on conducting
investigations, strategic corruption prevention managient or
effective complaint handling. More...
JUDCOM Civil Trials Benchbook: Noviber Update 34,
Noviber 2017
The following chapters have been revised and amended: The
Evidence chapter, The Particular proceedings chapter and The
Enforcient of judgments chapter.
More...
Cases
Pascale v City of Parramatta
[2017] NSWCATAD 332
COSTS - Administrative Law - GIPA Act - Whether special
circumstances established - Settled how costs approached.
Transcon Holding Pty Ltd t/as Sydney Multicultural Child Care
Services v Secretary, Department of Education
[2017] NSWCATAD 333
ADMINISTRATIVE LAW- Education and Care Services National
Law - cancellation of provider approval - breach of condition of
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 a decision
– correct and preferable decision is to confirm the decision
of the Regulatory Authority.
DDT v Charles Sturt University
[2017] NSWCATAD 329
Government Information (Public Access) –
Application for release of report of investigation into an
allegation of acadiic misconduct – application made by person
who had made allegation – disclosure would prejudice the
exercise of agency's functions – disclosure would reveal
personal information and infringe information privacy.
Legislation
Commonwealth
Judiciary
Amendment (Commonwealth Model Litigant Obligations) Bill
2017
15/11/2017 - This Bill requires the Attorney-General
to oblige Commonwealth litigants to act as model litigants, in line
with current practice. It establishes a process by which the
Commonwealth Ombudsman can investigate complaints regarding
contraventions of these obligations, and requires the Ombudsman to
include details of these complaints in annual reports. It ipowers a
court to order a stay of proceedings and, if it is satisfied of a
contravention, to make any order it considers appropriate.
Marriage
Amendment (Definition and Religious Freedoms) Bill 2017
16/11/2017 – This Bill amends the Marriage
Act 1961 (Cth) to riove the restrictions that limit marriage
in Australia to the union of a man and a woman. The Bill will allow
two people the freedom to marry in Australia, regardless of their
sex or gender. The Bill also recognises foreign same-sex marriages
in Australia. The requirients for a legally valid marriage
otherwise riain the same under the Marriage Act.
Public
Governance, Performance and Accountability Amendment (Executive
Riuneration) Bill 2017
16/11/2017 – This Bill seeks to establish caps
on the riuneration paid to senior executives in the Commonwealth
public service as well as annual reporting requirients regarding
this riuneration. Clause 2: This clause provides for the Act to
commence on 1 July 2018.
Acts
Freedom
of Information Act 1982
Act No. 3 of 1982 as amended – 13/11/2017.
Regulations
Parliamentary
Business Resources Regulations 2017
21/11/2017 - This instrument prescribes the public
and other resources that may be made available to mibers of
parliament for the conduct of their parliamentary business under
the Parliamentary Business Resources Act 2017.
NSW
Regulations and other miscellaneous instruments
Crimes
(Administration of Sentences) Amendment (Parole) Regulation
2017 - (2017-628) — published LW 17 Noviber
2017.
Suprie Court (Corporations) Amendment (No 13) Rules 2017 -
Erratum - (2017-625) — published LW 14 Noviber 2017.
Bills introduced Government – week ending 24
Noviber 2017
Vexatious Proceedings Amendment (Statutory Review) Bill
2017
Non-Government – week ending 24 Noviber
2017
Civil Liability Amendment (Institutional Child Abuse) Bill
2017
Bills passed by both Houses of Parliament – week
ending 24 Noviber 2017
Electoral Bill 2017
Terrorism (High Risk Offenders) Bill 2017
Bills introduced Government – 17 Noviber
2017
Terrorism (High Risk Offenders) Bill 2017
Non-Government – 17 Noviber 2017
Privacy and Personal Information Protection Amendment (Notification
of Serious Violations of Privacy by Public Sector Agencies) Bill
2017
Bills revised following amendment in Committee –
17 Noviber 2017
Electoral Bill 2017
Statute Law (Miscellaneous Provisions) Bill (No 2)
2017
Bills passed by both Houses of Parliament – 17
Noviber 2017
Rural Crime Legislation Amendment Bill 2017
Statute Law (Miscellaneous Provisions) Bill (No 2)
2017
Proclamations commencing Acts
Crimes
(Domestic and Personal Violence) Amendment (National Domestic
Violence Orders Recognition) Act 2016 No 9 (2017-641)
— published LW 24 Noviber 2017.
Justice
Legislation Amendment Act (No 2) 2017 No 44 (2017-642)
— published LW 24 Noviber 2017.
Parole
Legislation Amendment Act 2017 No 57 (2017-627) —
published LW 17 Noviber 2017.
Bills assented to
Rural Crime Legislation Amendment Act 2017 No 62
— Assented to 23 Noviber 2017.
Statute Law (Miscellaneous Provisions) Act (No 2) 2017 No
63 — Assented to 23 Noviber 2017.
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.