In the media
'We must do more': Legal profession responds to
Dyson Heydon findings
In response to a High Court independent inquiry that found
Justice Dyson Heydon had sexually harassed six women, the legal
profession has responded with congratulations for the court for its
swift action but disappointed that the conduct is still prevalent
(23 June 2020).
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Government responds to Council rating review
Following extensive consultation with the local government
sector and the community, the NSW Government has released its
response to IPART's Review of the Local Government Rating
System.
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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.
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A Housing Strategy for NSW - Discussion Paper
The NSW Government is preparing a NSW Housing Strategy
that will equip us to adapt to changing trends and so that we have
the right type of housing in the right location, delivering
benefits to our communities (15 June 2020).
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NSW government was warned over cyber security
weaknesses
The NSW government was warned more than six months ago to
urgently improve its cyber security in a report that found almost
half of its agencies had no recommended strategies in place to
prevent attacks.
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Postponed elections allow councils to focus on critical
issues facing their communities
The official announcement of NSW council elections being
pushed to 4 September 2021 brings certainty for local communities
and allows councils more time to prepare while dealing with other
urgent issues according to Local Government NSW
(LGNSW) (12 June 2020).
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Court databases may prejudice the innocent; lawyers and
privacy experts fear
Concerns have been raised with PM that privately run court
databases do not give the full picture of a person's experience
with the criminal courts. For example, listing their court
appearances but not their acquittal or the dropping of charges.
Privacy experts and the Law Council of Australia share those
concerns (18 June 2020).
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Armidale Regional Council suspended over
dysfunction
NSW Local Government Minister Shelley Hancock has
suspended Armidale Regional Council for three months after major
infighting broke out between several councillors and its chief
executive (15 June 2020).
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PM facing robodebt royal commission calls
Calls for a royal commission into the robodebt scheme are
growing louder but Scott Morrison insists there's no need
because it's being fixed (23 June 2020).
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Freedom 'of' information, not freedom from
it
Two years after the initial announcement, the government
has refused the Newcastle Herald's request for documents on the
precinct under the Government Information (Public Access) Act - an
application made as part of our Your Right To Know campaign (23
June 2020).
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Practice and courts
AAT Bulletin
The AAT Bulletin is a weekly publication containing a list
of recent AAT decisions and information relating to appeals against
AAT decisions, including immigration and citizenship. Issue No.
17/2020 (15 June 2020).
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Statement by the Hon Susan Kiefel AC, Chief Justice of the
High Court of Australia
NSW Supreme Court Sexual Harassment
policy
The Supreme Court has been in the process for a number of
months of developing an internal bespoke policy for judges and
judicial staff working in judges' chambers. It is anticipated
that the policy will be finalised by the end of next week (23 June
2020).
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Supreme Court of New South Wales – Protocol –
Court Operations – COVID-19
9 June 2020
Reports
IPART review of the Local Government rating system,
Government response
The NSW Government understands the need to provide local
councils with a flexible rating system, whilst ensuring rates are
applied fairly and more equitable to local communities (June 2020).
More...
Discussion paper: A Housing strategy for NSW
The NSW Government is preparing a new state-wide, 20-year
Housing Strategy. This Discussion Paper is an important step in
refining a vision for housing, developing directions, and
identifying actions that can be achieved now and into the future
(May 2020).
More...
Cases
Alam v Insurance and Care NSW
[2020] NSWCATAD 148
ADMINISTRATIVE LAW – access to government
information – decision of the agency that it did not hold the
information sought – whether there are reasonable grounds to
believe that the requested information exists and held by the
agency – whether the search efforts of the agency were
reasonable in the circumstances
Application for Crown Employees (Public Sector - Salaries
2020) Award and Other Matters [2020] NSWIRComm
1044
EMPLOYMENT AND INDUSTRIAL LAW – Awards and
enterprise agreements – Approval and creation –
discretion of Commission to award increases – whether
Commission required to award increases to salaries and
salary-related allowances each year – s 146C Industrial
Relations Act 1996 (NSW) – cl 6(1)(a) Industrial Relations
(Public Sector Conditions of Employment) Regulation 2014
Beadman v NSW State Emergency Service
[2020] NSWIRComm 1043
UNFAIR DISMISSAL – applicant dismissed during six
month probationary period – whether six month probationary
was reasonable
Central Coast Council v Pastoral Investment Land &
Loan Pty Ltd [2020] NSWSC
777
CONTRACT — breach — parties enter into a Deed
which contemplates a re-zoning of defendant's land so that it
is partly zoned industrial and partly zoned conservation —
Deed provides for defendant to lodge a development application to
subdivide the land into two lots to reflect the zonings —
Deed further provides for the defendant to transfer to the Council
the conservation lot following approval of the subdivision —
defendant lodges development application for subdivision and
vegetation clearing — Council issues Notice of Determination
consenting to subdivision but rejecting vegetation clearing —
defendant appeals to Land and Environment Court — whether
defendant by failing to lodge subdivision application breached
implied term to do all that is reasonably necessary to secure
performance of the Deed — held that Deed does not prevent
exercise of rights of appeal — held that defendant not in
breach where rights of appeal have not been exhausted —
specific performance not granted
Choi v Secretary, Department of Communities and
Justice [2020] NSWCATAD
154
ADMINISTRATIVE LAW - freedom of information - review of
decision - extension of time - second application to review
decision on same issues
Commissioner of Police v Bassi
[2020] NSWSC 710
PUBLIC ASSEMBLY – Summary Offences Act 1988 (NSW)
– whether Commissioner of Police notified the organiser that
intended public assembly was not opposed – whether an order
authorising the assembly should be made
DVI v Children's Guardian
[2020] NSWCATAD 150
ADMINISTRATIVE LAW – review under section 27 Child
Protection (Working with Children) Act 2012 (NSW)
child protection – working with children – risk to
children whether risk real and appreciable – would a
reasonable person allow unsupervised access to their own child in
context of child related work
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
EGN v Public Guardian [2020]
NSWCATAD 157
Administrative review – whether the decision of
the Public Guardian is the correct and preferable decision - best
interests of the subject person – section 4 Guardianship Act
1987
EFR v Commissioner of Police
[2020] NSWCATAD 159
ADMINISTRATIVE LAW – privacy – exemption
– NSW Police Force - administrative and educative
functions
Hawkins v NSW Land and Housing
Corporation [2020] NSWCATAP
111
SOCIAL HOUSING – compensation for breach of
landlord's covenant of quiet enjoyment
SOCIAL HOUSING - compensation where retaliatory eviction
alleged
Hochbaum v RSM Building Services Pty
Ltd; Whitton v Technical
and Further Education Commission t/as TAFE NSW
[2020] NSWCA 113
WORKERS' COMPENSATION – Assessment and amount of
compensation – Discontinuation of payments –
Construction of (NSW) Workers Compensation Act 1987, s 39 –
Whether appellants were entitled to payments during the period
between discontinuation and resumption of payments following
assessment by an approved medical specialist
Mangoola Coal Operations Pty Ltd v Muswellbrook Shire
Council [2020] NSWLEC
66
STATUTORY CONSTRUCTION- Valuer General aggregated both
assessment parcels pursuant to s 26 of the Valuation of Land Act
1916 - impermissible to review validity of Valuer General's
aggregation pursuant to s 26 of the Valuation of Land Act 1916 -
smaller assessment parcel valued pursuant to s 14F(3) of the
Valuation of Land Act 1916 - impermissible to review validity of
Valuer General's valuation utilising s 14F(3) - meaning of
"valued and rated accordingly" in s 14F(3) - composite
expression - the Valuer General's valuation solely fixes the
value of the assessment parcel for rating purposes and does not
amount to a declaration as to use for the purposes of
categorisation pursuant to the Local Government Act 1993 - the
smaller assessment parcel to be categorised for rating purposes in
accordance with the regime in Pt 3 of Ch 15 of the Local Government
Act 1993
Pederson v Northern NSW Local Health
District [2020] NSWSC
741
CIVIL PROCEDURE – medical examinations – r
23.4 Uniform Civil Procedure Rules - whether order should be made
for genetic testing – use of epidemiological evidence -
whether the defendant should be able to explore possible
epidemiological causes of the harm – interests of justice
PQR v Director of Public Prosecutions
(NSW) [2020] NSWSC 731
CRIME — Appeal and review — Appeal from
Children's Court to Supreme Court — By person against
whom an interlocutory order is made with leave on a question of law
alone — where plaintiff charged with offences alleged to have
been committed against three complainants — ruling that
evidence of each complainant be cross-admissible as tendency
evidence — order refusing separate hearings — whether
Magistrate gave adequate reasons
EVIDENCE — Tendency evidence — Criminal proceedings
— whether Magistrate failed to consider Evidence Act 1995
(NSW) s 101(2)
Raul Bassi v Commissioner of Police
(NSW) [2020] NSWCA 109
APPEAL – whether appeal involved a violation of s
27(2) of the Summary Offences Act 1988 (NSW).
PUBLIC ASSEMBLY – Summary Offences Act 1988 (NSW) –
whether public assembly was authorised – whether Commissioner
of Police had communicated non-opposition to notification of a
proposed public assembly within the meaning of s 23(1)(f) of the
Summary Offences Act – whether amendment of particulars to
timely notification amounted to a new notice of intention.
Salsands (NSW) Pty Ltd v Port Stephens
Council [2020] NSWLEC
1263
APPEAL – grant of deferred commencement consent
– conciliation conference – agreement between the
parties – orders
State of New South Wales v Cheney
(Preliminary) [2020] NSWSC 703
HIGH RISK OFFENDERS – preliminary hearing –
interim orders - s 17 considerations – whether the matters
alleged justify making an order - determining whether to grant an
interim detention order or an interim supervision order –
considerations of likely final order a question for the final
hearing
Taouk v Commissioner for Fair Trading, Department of
Customer Service [2020] NSWCATOD
66
MERITS REVIEW - Building and construction – Home
Building Act 1989 (NSW) - contractor licence – fit and
proper.
Universal Property Group Pty Ltd v Blacktown City
Council [2020] NSWCA
106
ENVIRONMENT AND PLANNING – planning schemes and
instruments – State Environmental Planning Policies –
secondary dwellings – site area and minimum lot size –
whether minimum lot size requirement overridden – State
Environmental Planning Policy (Affordable Rental Housing) 2009
(NSW), cl 22; State Environmental Planning Policy (Sydney Region
Growth Centres) 2006 (NSW), cl 4.1AC
STATUTORY INTERPRETATION – amendment and repeal –
implied repeal – harmonious construction – conflict
between State Environmental Planning Policies – whether
capable of harmonious construction – requirement for actual
contrariety
STATUTORY INTERPRETATION – amendment and repeal –
implied repeal – clauses in separate instruments each
purporting to control inconsistency by prevailing over the other
– effect of each clause
Legislation
NSW
Regulations
Local
Court (Amendment No 11) Rule 2020 (2020-256) — published
LW 12 June 2020
Bills introduced
Privacy and Personal Information Protection Amendment
(Service Providers) Bill 2020
Introduced LA 18 June 2020
Strata Schemes Management Amendment (Sustainability
Infrastructure) Bill 2020
Introduced LA 16 June 2020
Bills passed by both Houses of Parliament
Crimes Amendment (Special Care Offences) Bill 2020
Law Enforcement Conduct Commission Amendment Bill 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.