NSW Government Lawyers Linkedin Group
To start a conversation about Government Bulletin or issues of interest to NSW government lawyers, join the LinkedIn group NSW Government Lawyers by clicking on this link. Membership is open to those employed in the public sector.
In the media
Implementing the criminal justice reforms
The new community safety test for parole was introduced
in November and in December we strengthened the management of high
risk offenders. Today, we welcome more changes to enable smarter
management of parolees. Supervision by Community Corrections
officers is now a mandatory parole condition (26 February 2018).
More...
ICAC recommends NSW public sector tighten screening
practices to combat employment application fraud and
corruption
An Independent Commission Against Corruption report
released today recommends that the NSW public sector adopt stronger
employment screening practices to help combat employment
application fraud, which if left undetected can ultimately allow
other corrupt conduct to occur (26 February 2018).
More...
The Roundtable - The complexities of ageing parents,
children and financial abuse
Financial advisers, bankers and lawyers are all calling
for new measures to address financial elder abuse. The Attorney
General, Christian Porter, has flagged a 'National Plan' to
address 'elder abuse' to be released later in the year (25
February 2018).
More...
Australia becoming more corrupt, shows international
index
Australia rates comparatively well on international
corruption scales, but it is getting worse, according to the latest
annual Corruption Perceptions Index (CPI) from
Transparency International (22 February 2018).
More...
Evaluation of the Bail Assessment Officer (BAO)
intervention
A new program designed to reduce the number of prisoners
on remand through additional court support has had little effect
according to a new report released today by the NSW Bureau of Crime
Statistics and Research (BOCSAR) (21 February
2018).
More...
NSW to get its own Productivity Commission
NSW will establish its own state-based Productivity
Commission to "drive micro-economic reform and tackle
burdensome regulation." (19 February 2018).
More...
Commencement of the Notifiable Data Breaches
Scheme
New rules around mandatory reporting of serious data
breaches come into effect from today. Entities subject to the
Privacy Act 1988 – including most Australian
Government agencies, businesses with an annual turnover of more
than $3 million, and specific categories of smaller businesses,
such as health providers – are now required to notify
individuals if their personal data has been involved in a serious
breach (22 February 2018).
More...
New domestic violence service for NSW Central
Coast
Vulnerable people on the New South Wales Central Coast
now have access to greater support services through a new,
dedicated Domestic Violence Unit. Twelve existing units across the
country have already helped 4,000 clients providing more than 9,000
discrete services since they were first established by the Turnbull
Government in early 2016 (21 February 2018).
More...
Retirement of the Australian Information Commissioner
and Privacy Commissioner
Mr Timothy Pilgrim PSM will retire as Australian
Information Commissioner and Privacy Commissioner on 24 March 2018.
The Government will soon be undertaking a merit-based selection
process to identify Mr Pilgrim's replacement (20 February
2018).
More...
In practice and courts
[Draft] report: review of the Code of
Conduct for Copyright Collecting Societies
The review found that the plethora of instruments regulating
collecting societies, licensees and members gave rise to confusion
as to the Code's role and recommended ways to increase
transparency. The review has proposed changes to standardise annual
reporting arrangements and to increase public awareness of Code
compliance. Submissions on the draft review must be made by 14
March. The Bureau's draft report can be accessed
here.
Law Council consults on Review of Australian
Solicitors' Conduct Rules
The Law Council is undertaking a review of the Australian
Solicitors' Conduct Rules. This is the first comprehensive
review of the Rules since they were first promulgated in June 2011.
The Law Council's Professional Ethics Committee has developed a
Consultation Discussion Paper for the Review and invites
comments and submissions on the issues raised and discussed. The
closing date for Submissions is 31 May 2018, which may be lodged here.
More...
OAIC: Statement from the Privacy Commissioner
I am aware of media reports today alleging that staff in
gambling venues are sharing personal information on patrons. My
office is making inquiries to determine whether personal
information of individuals is being managed in accordance with the
Privacy Act 1988 (Privacy Act) (28
February 2018).
More...
OAIC Reminder: Notifiable Data Breaches (NDB)
scheme
Data breach notification became mandatory as of February
2018 for all Australian entities required to comply with the
Privacy Act 1988. All entities covered by the Australian
Privacy Principles will have clear obligations to report eligible
data breaches within 30 days. More...
OAIC: IC review procedure direction
The Australian Information Commissioner has issued a
written direction under s55(2)(e)(i) of the Freedom of
Information Act 1982 as to certain procedures to be followed
in Information Commissioner (IC) reviews. The
Direction applies to agencies and ministers during IC reviews and
preliminary inquiries prior to the commencement of an IC review.
The Direction has been published on the
OAIC's website is effective from 26 February 2018.
OAIC: Individuals affected by DIBP's February 2014
data breach invited to provide evidence of loss or damage
The OAIC is seeking to contact individuals who were in
immigration detention on 31 January 2014 and were affected by the
Department of Immigration and Border Protection (DIBP) data
breach, which occurred in February 2014. Submissions close on 9
April 2018.
More...
More...
OAIC Key dates
Immigration Data Breach Privacy Complaint
Closes 4pm, 19 April 2018.
Australian Government Agencies Privacy Code
Commences 1 July 2018.
AAT's new monthly newsletter - The Review
Subscribe to learn more about the AAT's decision
making processes (27 February 2018).
The AAT's new monthly newsletter - The Review
AAT Bulletin
The AAT Bulletin is a weekly publication containing a
list of recent AAT decisions and information relating to appeals
against AAT decisions:
Issue No. 7/2018, 26 February 2018
High Court of Australia Bulletins
High Court of Australia Bulletin [2018] HCAB 01 - published on
28 February 2018.
Judiciary Amendment (Commonwealth Model Litigant
Obligations) Bill 2017
The Senate referred the Judiciary Amendment
(Commonwealth Model Litigant Obligations) Bill 2017 to the
Legal and Constitutional Affairs Legislation Committee for inquiry
and report by 8 May 2018. Submissions closed on 28 February 2018.
More...
The adequacy of existing offences in the Commonwealth
Criminal Code and of state and territory criminal laws to capture
cyberbullying
On 7 September 2017 the Senate referred the below matter
to the Legal and Constitutional Affairs References Committee for
inquiry and report by 29 November 2017. On 19 October 2017 the
Senate extended the committee's reporting date to the last
sitting day in March 2018. More...
Forces of Change – Defining Future Justice
Conference 2018
The Australasian Institute of Judicial Administration is
pleased to announce the Forces of Change – Defining Future
Justice Conference will be held at the Stamford Plaza Brisbane,
Queensland from 24 – 26 May 2018. More...
NCAT: Updated procedural direction on expert
evidence
The President has revised NCAT Procedural Direction 3 -
Expert Evidence which sets out how expert witnesses are to provide
evidence in Tribunal proceedings (02 March 2018).
More...
More...
Community to have its say on ancient mercy law
Attorney General Mark Speakman has called for public
submissions on whether petitions for mercy and their outcomes
should be made publicly available. The review will deliver its
recommendations to the NSW Government by 6 April 2018.
More...
ICAC: Prosecution briefs with the DPP and outcomes
Tables of prosecution briefs with the DPP and outcomes.
Last updated 1 March 2018.
More...
Published – articles, papers, reports
Composition of Australian parliaments by party and
gender: a quick guide - February 2018 update
Anna Hough; Parliamentary Library (Australia): 22
February 2018
This quick guide contains the most recent tables showing the
composition of Australian parliaments by party and gender. It takes
into account changes to the Commonwealth, state and territory
parliaments since the last update was published on 14 December
2017.
More...
Digital identity: Helping users interact with government
safely and securely
Digital Transformation Agency (Australia); Government
of Australia: 21 February 2018
The Trusted Digital Identity Framework
(TDIF) provides a standard for digital identity in
Australia. It aims to make sure all users have a safe and secure
way to connect with online government services. More...
Bills Digest: Electoral Legislation Amendment (Electoral
Funding and Disclosure Reform) Bill 2017
Damon Muller; Parliamentary Library (Australia): 20
February 2018
In announcing this Bill as part of a package of bills
focusing on foreign interference in Australian politics, the Prime
Minister specifically highlighted China, whilst noting that the
reforms were not purely about China.
More...
Data breach preparation and response
Office of the Australian Information Commissioner;
Government of Australia: 19 February 2018
This guide aims to assist you in developing and implementing
an effective data breach response. It outlines the requirements
relating to data breaches in the Privacy Act 1988 (Cth)
(Privacy Act), including personal information
security requirements and the mandatory data breach reporting
obligations of the Notifiable Data Breaches (NDB)
scheme. More...
Chronology of same-sex marriage bills introduced into
the federal parliament: a quick guide
Deirdre McKeown; Parliamentary Library (Australia):
15 February 2018
This Quick Guide (February 2018 update) provides a
chronological list of bills relating to marriage equality
introduced into the federal parliament, including bills restored to
the Notice Paper or reintroduced in a later parliament.
More...
Cases
DFD v New South Wales Education Standards Authority
[2018] NSWCATAD 48
ADMINISTRATIVE REVIEW – Education Act – home
schooling – registration – whether registration
restricted to children of compulsory school-age –
significance of policy – whether policy is Government
policy.
Svanda v Commissioner of Police, NSW Police Force
[2018] NSWCATAD 50
ADMINISTRATIVE LAW – Government information –
Application for review of implicit decision that respondent does
not hold any information apart from that identified by the
respondent – Whether the respondent holds further information
– Where applicant conceded that respondent conducted
reasonable searches for the information sought.
Calarco and Anor v Liverpool City Council
[2018] NSWSC 217
ADMINISTRATIVE LAW - claim for declaratory and
prerogative relief - Defendant accepts hardship application by
Plaintiffs under Land Acquisition (Just Terms Compensation) Act
1991 - Plaintiffs' property partly zoned "public
recreation" and partly zoned "infrastructure - local
drainage" - Defendant decides that acquisition under hardship
application will apply to "public recreation" land only -
whether land zoned "infrastructure - local drainage" is
land reserved for "any other purpose that is prescribed as a
public purpose for the purpose" of s.26(1)(c)
Environmental Planning and Assessment Act 1979 - held that
land is so prescribed by Appendix 8 to State Environmental
Planning Policy (Sydney Region Growth Centres) 2006 -
Plaintiffs entitled to relief - orders made.
Bernard-Ross v State of NSW
[2018] NSWSC 182
ADMINISTRATIVE LAW – declaratory relief –
applicant in custody – applicant involved in potential
litigation – judicial review of decision affecting conditions
of applicant's incarceration – access to laptop with
write and edit functionality in cell – application
dismissed.
Absalom v Greyhound Racing New South Wales ABN 61018166136
[2018] NSWSC 207
ADMINISTRATIVE LAW – challenge to implementation of
policy of Greyhound Racing NSW as inconsistent with Rules and not
authorised by Act - duty to prevent harm to dog not inconsistent
with procedure to provide water in kennel at racetrack.
DJH v Secretary, Department of Education; DJI v Secretary,
Department of Education
[2018] NSWCATAD 31
HUMAN RIGHTS - disability discrimination- educational
authority - direct discrimination - indirect discrimination -
victimisation - vicarious liability.
Veall v Department of Planning and Environment
[2018] NSWCATAD 47
ADMINISTRATIVE LAW – Access to government
information – informant – personal information –
opinion as personal information - correct application of public
interest test – correct and preferable decision.
Offner v Commissioner for Fair Trading, Department of Finance,
Services and Innovation
[2018] NSWCATOD 22
ADMINISTRATIVE LAW - Civil and Administrative Tribunal -
certificate of registration - real estate salesperson - fit and
proper person.
Legislation
New South Wales
Proclamations commencing Acts
Parole
Legislation Amendment Act 2017 No 57
(2018-53) — published LW 23 February 2018.
Regulations and other miscellaneous instruments
Children
(Detention Centres) Amendment (Parole) Regulation 2018
(2018-54) — published LW 23 February 2018.
Crimes
(Administration of Sentences) Amendment (Parole) Regulation
2018
(2018-55) — published LW 23 February 2018.
Crimes
(Sentencing Procedure) Amendment (Parole Orders) Regulation
2018
(2018-56) — published LW 23 February 2018.
Liquor
Amendment (Lock Out Exemption for Mardi Gras) Regulation
2018
(2018-57) — published LW 23 February 2018.
Bills assented to
Vexatious Proceedings Amendment (Statutory Review) Act 2018 No
1 — Assented to 20 February 2018.
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.
