In the media

NSW Privacy Commissioner Statement on use of Commonwealth mobile tracing app data for managing the COVID-19 pandemic
The NSW Privacy Commissioner, in an updated statement saying noteworthy elements of the app are that the information will be used for a narrow purpose, which is for contact tracing by health authorities where someone has been diagnosed with COVID-19 and the preclusion on the ability to use the data for a law enforcement purpose (20 May 2020). More...

NSW Privacy Commissioner reports on Service NSW Privacy Breach
The Commissioner has advised by Service NSW of a privacy breach affecting some of its customers It is a timely reminder to everyone in the community to be vigilant and not open emails from unknown or unverified sources (14 May 2020). More...

Improving justice outcomes for class action members
Ensuring Australians get their fair share of legal settlements will be the focus of a parliamentary committee inquiry which will examine all aspect of the class action system, including the enormous profits being made by litigation funders (13 May 2020). More...

Law Council President, Pauline Wright, statement on the release of COVIDSafe source code
The Australian Government's release of the COVIDSafe app source code on the weekend is welcomed by the Law Council of Australia, giving all Australians the chance to satisfy themselves that the app will be used in the way that it is intended (11 May 2020). More...

Practice and courts


DCJ Statements
Important inmate-family links maintained during CV-19
Last published on 15 May 2020
COVID-19 Parliament to consider pandemic reforms
Last published on 12 May 2020
COVID-19 Safety paramount as District Court jury trials resume
Last published on 11 May 2020

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 and includes updates (21 May 2020).

NCAT: Further tenancy law changes for COVID-19 impacted tenants
From 14 May 2020, tenants who are unable to negotiate a rent reduction with their landlord can seek to terminate their lease through NCAT. Download and complete the tenancy application form clearly identifying you are making an urgent application under section 228C of the Residential Tenancies Act 2010 (15 May 2020).

Statutory review of the Crimes (Serious Crime Prevention Orders) Act 2016
The NSW Department of Communities and Justice is conducting a review of the Crimes (Serious Crime Prevention Orders) Act 2016 to determine whether the policy objectives remain valid and the terms remain appropriate for securing those objectives. Submissions close on 22 May 2020.

Published – articles, papers, reports

Australian Bureau of Statistics
06/05/2020 Public Consultation - How do you use Census data, 2020
Tell us about how your use of Census data has resulted in better outcomes for individuals, families and communities. More...


Taylor v Destination NSW [2020] NSWCATAD 137
ADMINISTRATIVE LAW — Freedom of information — Reviews and appeals – GIPA – whether systemic issue - referral to Information Commissioner

Henri Eparaima v Industrial Relations Secretary, on behalf of the Department of Communities and Justice (Corrective Services) [2020] NSWIRComm 1038
PUBLIC SECTOR DISCIPLINARY APPEAL – assault on detainee – serious misconduct – officer dismissed -disciplinary sanction warranted

Pemberton v Commissioner of Police [2020] NSWCATAD 135
FREEDOM OF INFORMATION – government information – workplace investigation – prejudice to supply of confidential information and to an agency's functions – deliberative processes - information obtained in confidence – personal information – personal factors of applicant – allegations of misconduct

Cavallaro v Commissioner of Police [2020] NSWCATAD 132
ADMINISTRATIVE REVIEW - government information - reviewable decision - exempt information - personal factors - balancing of public interests
ADMINISTRATIVE REVIEW - privacy - personal information - exemption for agency - policing and investigative functions - administrative and educative functions
SUMMONS - production of documents - partial production – relevance

Myers v Registrar, Births, Deaths and Marriages [2020] NSWCATAD 131
ADMINISTRATIVE LAW – registration of birth – whether Registrar should correct the applicant's name recorded in the Register

Ferella v Chief Commissioner of State Revenue [2020] NSWCATAD 128
ADMINISTRATIVE LAW – Civil and Administrative Tribunal (NSW) – applications not in compliance with the statutory scheme for reviewing taxation decisions – applications lodged late – no extension of time granted – application for review seeking to re-litigate a matter previously determined on the merits – cause of action estoppel


Proclamations commencing Acts
Education Amendment (School Safety) Act 2017 No 58 (2020-198) — published LW 14 May 2020

Regulations and other miscellaneous instruments
Children's Guardian (Transitional) Amendment Regulation 2020 (2020-205) — published LW 15 May 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.