In the media
High Court dismisses Dismissal letters
Written correspondence between the Australian Governor-General and Her majesty the Queen relating to the dismissal of the Australian Government in 1975, have been judged by the High Court to be Commonwealth records under the Archives Act 1983 (04 June 2020)
'Act proven' to replace 'not guilty' in forensic mental health reforms
The NSW Government has listened to victims and their families and is today introducing reforms to change the 'special verdict' for the defence of mental illness. "NSW will be the first state or territory in the country to empower its courts to hand down a finding of 'act proven but not criminally responsible'." (03 June 2020)
Landmark child abuse reforms pass Parliament
A significant barrier preventing child sex offenders from being held to account will be removed under nation leading reforms passed by the NSW Parliament today (03 June 2020)
Protecting young people from sexual exploitation
New laws protecting vulnerable young people from being exploited by adults who hold positions of authority over them are set to be introduced to NSW Parliament (03 June 2020)
Statement on High Court ruling of unlawful use of force in Don Dale, by Law Council President
The High Court's decision that the deliberate and intentional deployment of tear gas on four teenagers by prison officers in Darwin's Don Dale Youth Detention Centre was unlawful, is a timely reminder that the use of force on Aboriginal and Torres Strait Islander peoples will not be tolerated in Australia.(03 June 2020)
Human rights - not corporate interests - must inform the Government's plan to eradicate modern slavery
A coalition of civil society organisations, unions and academics has called on the Department of Home Affairs to include union and human rights experts in the newly established Modern Slavery Expert Advisory Group to ensure workers' rights and not just the interests of business are at the centre of the Government's plan to eradicate modern slavery (02 June 2020) Human rights - not corporate interests - must inform the Government's plan to eradicate modern slavery
Australian Government a world leader in eradicating modern slavery
The Australian Government has released a scoping paper on the Commonwealth Modern Slavery Statement.
The Commonwealth Modern Slavery Statement will report on modern slavery risks in the Government's procurement and investment activities and explain the steps taken to identify and respond to these risks (01 June 2020) https://minister.homeaffairs.gov.au/jasonwood/Pages/australian-government-world-leader-eradicating-modern-slavery.aspx
Public sector wage freeze will 'cost jobs, hurt regions'
The NSW government's public sector wage freeze could indirectly cost 1,100 jobs across the state, according to an economic analysis by a public policy think tank. The move would see non-executive frontline staff including nurses, police, paramedics and teachers get a one-off payment of $1,000 (01 June 2020)
Councils sidelined as COAG abolished
Local government is concerned its voice on national decisions will be diminished after Prime Minister Scott Morrison said COAG will be abolished and replaced with the national cabinet (29 May 2020)
Practice and courts
NSW Recorded Crime Statistics quarterly update March 2020 - 03 June 2020
NSW IPC: NSW Information Commissioner publishes new guidance in recognition of National Reconciliation Week 2020
The NSW Information Commissioner published a guidance to assist people who were subject to out of home care arrangements to access important records about them and their care arrangements.. The checklist is directed to removing barriers to access to information and promoting successful outcomes in accessing this important information. View the checklist here. ( 03 June 2020)
Court of Appeal's Decisions of Interest
The Decisions of Interest bulletin is a regular publication produced by the Court of Appeal, summarising appellate decisions from Australia and internationally. Read the latest bulletin here.
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. Read more.
NSW Land Registry Services (NSW LRS) fees for
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.
DPD v Far West Local Health District  NSWCATAD 141
ADMINISTRATIVE LAW - Privacy – Personal Information – Use of personal information – Accuracy of personal information – whether reasonable steps taken to check accuracy – disclosure of personal information
WaterNSW v Hurrell  NSWCATAD 140
ADMINISTRATIVE LAW – administrative review – Inquiry into desirability of grant of surface water licence – consideration of factors to be taken into account – whether respondents interests may be affected – replacement licence – minimal impact WaterNSW v Hurrell  NSWCATAD 140
WaterNSW v Goldfinch  NSWCATAD 139
ADMINISTRATIVE LAW – administrative review – Inquiry into desirability of grant of surface water licence – consideration of factors to be taken into account – whether respondents interests may be affected – transfer of existing entitlement – minimal impact
Danis v Commissioner of Police, NSW Police Force  NSWCATAD 138
ADMINISTRATIVE REVIEW – Government Information (Public Access) – whether to exercise discretion to refuse to deal – whether functions exercised under the GIPA Act in good faith – public interest considerations against disclosure – whether information was given in confidence – whether prejudice to the supply of confidential information –personal information – whether information disclosed in family law proceedings has been revealed – whether disclosure exposes a child to a risk of harm or of serious harassment or serious intimidation – best interests of the child – public interest considerations in favour of disclosure – public interest in transparency and accountability – whether disclosure of DVD could reveal or substantiate allegations of police misconduct or unlawful conduct – personal factors of the application – weight of evidence – balancing of public interests – overriding public interest against disclosure
Civil and Administrative Tribunal (Amendment No 7) Rule 2020 (2020-250) — published LW 5 June 2020
Crimes (Interstate Transfer of Community Based Sentences) Regulation 2020 (2020-239) — published LW 5 June 2020
Legal Profession Uniform Law (Indexed Amounts) Notice 2020 (2020-242) — published LW 5 June 2020
Bills introduced Government – 03 June 2020
Awaiting 2R Debate, Debate adjourned 5 clear days, 03 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.
Bills passed by both Houses of Parliament – 03 June 2020
Passed in Parliament , waiting assent, 03 June 2020
Will enable 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.
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.