Against the background of the resignations of Tim Owen, the Member for Newcastle and Andrew Cornwell, the Member for Charlestown on 12 August 2014 and the resignation of the Lord Mayor of Newcastle, Jeff McCloy on 17 August 2014, David Shoebridge MLC introduced a motion to the NSW Legislative Council for an inquiry into the planning process in Newcastle and the broader Hunter region.
The resignations came after revelations during the public hearings in Operation Spicer that Mr Owen and Mr Cornwell each accepted donations from Mr McCloy prior to the 2011 NSW election at a time when they each were Liberal candidates and Mr McCloy was a property developer.
A Select Committee, known as the Newcastle planning Committee (Committee), was established on 16 September 2014 and will be conducting the inquiry. The Committee will be chaired by Revd the Hon Fred Nile MLC and will include members of the Liberal Party, the Australian Labor Party and the Greens.
The terms of reference for the Committee include the role of the Department of Planning and Infrastructure, Newcastle City Council, UrbanGrowth NSW, Lake Macquarie Council and the Hunter Development Corporation in considering:
- the State Environmental Planning Policy (SEPP) Amendment (Newcastle City Centre) 2014;
- the Newcastle Urban Renewal Strategy;
- the Whitebridge development plan in Lake Macquarie; and
- the decision to terminate the Newcastle rail line at Wickham and any proposal to construct light rail including along Hunter and Scott Streets.
Submissions to the Committee opened on 24 September 2014 and will close on 24 October 2014. Public hearings will be held in Newcastle on 7, 21 and 24 November 2014.
The Committee is to report by 5 March 2015.
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 lawyers employed in the public sector.
In the media
Corrective Services NSW rejects claims regarding
AA-classified inmates
CSNSW takes the management of its AA-classified inmates extremely
seriously and is fully aware of its responsibilities to national
security via the safe and secure management of such inmates. A
CSNSW Custody and Sentence Planning report stated there are risks
AA inmates may attempt to recruit others to terrorism or plot
escapes, with these risks to be taken into account in managing AA
inmates (21 September 2014)
More...
Bail Act Reforms Pass Parliament - NSW
Changes to the Bail Act that will help safeguard the community and
Act will also place a new onus on those accused of the most serious
offences to show cause why they should not be detained. Even if the
accused is able to show cause, they will still be remanded in
custody if bail authorities determine there is an unacceptable risk
(18 September 2014)
More...
NSW Parliamentary inquiry to investigate planning
decisions in Newcastle
A parliamentary inquiry will be set up to investigate
controversial planning decisions in Newcastle and the Hunter
Valley. The inquiry comes in the wake of an Independent Commission
Against Corruption investigation into allegations Liberal MPs in
the Hunter received illegal political donations from developers (16
September 2014)
More...
In practice and courts
New Rule - High Court of Australia
(09/09/2014)
The High
Court of Australia Rule of Court (09/09/2014) (9 September
2014) was registered with the Federal Register of Legislative
Instruments (FRLI) on 16 September 2014. The Rule of Court appoints
the places and days of sittings for 2015
Further information from the FRLI
New Rules - High Court Amendment (2014 Measures No.
1)
The
High Court Amendment (2014 Measures No. 1) Rules 2014 No. 139
(Cth) amend the
High Court Rules 2004 No. 304 (Cth).
According to the explanatory statement, the objectives of the
amending Rules are to:
- amalgamate Parts 5 and 45 so that there will be one Part 5 ( Judiciary Act 1903 No. 6 (Cth)) - section 78B notice of a constitutional matter and section 78A notice of intervention) dealing with the filing and service of notices of a constitutional matter in all types of proceedings;
- introduce a notice of intervention to be filed and served before any step is taken on behalf of an Attorney-General;
- provide that any interlocutory applications, whether by represented or unrepresented parties, may, at the discretion of the Court or a Justice, be dealt with on the papers without a hearing;
- substitute a new, simplified Schedule 2 (Fees for work done or services performed), which will apply to work done or services performed on or after 1 January 2015;
- provide that where the amount allowed on taxation is varied more than one-sixth of the estimate, in favour of the party filing the notice of objection or dispute, the costs of the taxation must be paid in the amount and by the party directed by the Taxing Officer; and
- make consequential and other related amendments, including transitional provisions.
Commencement details are contained in s. 2 of the Rules
New Bill - Crimes (High Risk Offenders)
Amendment
The
Crimes (High Risk Offenders) Amendment Bill 2014 (NSW) proposes
to amend the
Jury Act 1977 No. 18 (NSW). The Bill was introduced into the
Legislative Assembly and received its second reading speech on 10
September 2014. According to the explanatory note, the objective of
the Bill is to make amendments as a consequence of the creation of
the category of emergency detention orders.
New Assent - Courts Legislation Amendment (Broadcasting
Judgments) Act
The
Courts Legislation Amendment (Broadcasting Judgments) Act 2014 No.
44 (NSW) was assented to on 17 September 2014 and amends the
legislation listed below. The object of the Bill is to require the
District Court and Supreme Court to permit the recording and
broadcast of certain judgments given by those Courts in open court
unless satisfied that one of a limited number of exclusionary
grounds is present.
Judicial Commission of New South Wales - Local Court
Bench Book: Update 112
Update 112 contains the following amendments: Specific penalties
and orders, general orders and practice notes (September 2014)
More...
NSW Sentencing Council: Bail - Additional show cause
offences
The Attorney General has asked the Sentencing Council to consider
a proposal to make amendments to the Bail Act 2013. Parliament
recently passed the Bail Amendment Bill 2014, which introduces
categories of offences for which bail must be refused unless an
accused can 'show cause' why his or her detention is not
justified. Submissions close on 31 October 2014. The Bail Amendment
Bill 2014 can be found
here.
New NCAT policy: publishing reasons for
decisions
The NSW Civil and Administrative Tribunal (NCAT) has released a
new policy about publishing Tribunal decisions. The Policy sets out
the practices and considerations which apply to the publication of
reasons for decisions made in the various NCAT Divisions and by the
Appeal Panel (19 September 2014)
More... See
NCAT Policy - Publishing Reasons for Decisions [PDF, 53kB]
NCAT: Planning for end of life and making treatment
decisions
Guardianship Division has recently been involved in a partnership
project with the NSW Ministry of Health to develop a Planning Ahead
resource for health professionals and the public about making
important end of life decisions. These decisions can be difficult
and involve a number of clinical, legal and ethical considerations.
Visit the Planning Ahead End of Life
Decisions, the Law and Clinical Practice website. (18 September
2014)
IPC NSW: Right to Know Week 2014
28 September 2014 to 5 October 2014
Right to Know Day is an annual event with the aim to increase
awareness of individuals' right of access to government
information and open, transparent governance.
View more about this event »
Published – articles, papers, reports
Publishing and sharing sensitive data
Sarah Olesen; Australian National Data Service: 23 September
2014
This guide outlines best practice for the publication and sharing
of sensitive research data in the Australian context
Publishing and sharing sensitive data
A new approach to national child protection data:
implementation of the Child Protection National Minimum Data
Set
Australian Institute of Health and Welfare: 22 September
2014
Describes the development and implementation of the CP NMDS and
highlights key new analyses able to be reported for the first time
at the national level. It also outlines the need for ongoing
development work.
A new approach to national child protection data: implementation of
the Child Protection National Minimum Data Set
Predictors of guilty pleas in the NSW District
Court
Clare Ringland, Lucy Snowball; NSW Bureau of Crime Statistics and
Research: 18 September 2014 Examines factors associated with early,
late, and not guilty pleas in the District Court of NSW
Predictors of guilty pleas in the NSW District Court
Criminal liability of carers in cases of non-accidental
death or serious injury of children
NSW PARLIAMENTARY RESEARCH SERVICE
Cases involving non-accidental death or serious injury of children
can lead to prosecutions for offences such as murder, manslaughter,
or assault. A difficulty arises in pursuing criminal proceedings in
cases where the injury to the child could only have been inflicted
by one of two or more persons who were at home with the child, but
there is not enough evidence to prove which person was responsible
(24 September 2014)
Criminal liability of carers in cases of non-accidental death or
serious injury of children
Cases
State of New South Wales v Talovic [2014] NSWCA
333
MENTAL HEALTH - confinement and restraint of mentally ill persons
and similar orders - detention by police under s 22 of the Mental
Health Act 2007 (NSW) - whether the prerequisites of that section
were satisfied - construction of the undefined phrase
"mentally disturbed" - whether a subjective test applies
to the first prerequisite of s 22(1)
PROCEDURE - procedural fairness - whether the police officers were
given an opportunity of dealing with potentially adverse findings
by the trial judge in respect of their sworn evidence More...
Commissioner of Police, New South Wales Police Force v
Fine [2014] NSWCA 327
ADMINISTRATIVE LAW - administrative tribunals - NSW Civil and
Administrative Tribunal - joinder of parties - Civil and
Administrative Tribunal Act 2013, s 44 - necessary or proper
parties - interests of a statutory applicant - functions and
interests of the NSW Commissioner of Police under the Liquor Act
2007, s 116AE
ADMINISTRATIVE LAW - administrative tribunals - NSW Civil and
Administrative Tribunal - joinder of parties - whether
decision-maker ought to be an active party to review - whether
discretion to join parties to be determined by reference to whether
decision-maker will be an active party to review More...
Gold and Copper Resources Pty Limited v Newcrest Mining
Limited [2014] NSWLEC 148
JUDICIAL REVIEW - challenge to validity of respondent
Minister's renewal of a mining exploration licence - motion for
dismissal of proceeding on basis (inter alia) that issue estoppel
or Anshun estoppel bars sole ground of judicial review stated in
summons - applicant concedes - whether proceeding should be
dismissed whilst applicant's notice to respondent Minister
pursuant to UCPR r 59.9 to provide reasons remains unanswered -
whether power under r 59.9 to make an order to provide reasons
where the only ground of review stated in summons is barred by
issue estoppel or Anshun estoppel - if power, whether discretion
should be exercised More...
Ozcelik v Commissioner for Fair Trading [2014] NSWCATOD
100
The respondent's decision to refuse the applicant's
application for a contractor licence is affirmed.
ADMINISTRATIVE LAW - Home Building Act 1989 - Contractor licences
- Experience in a wide range
Home Building Act 1989 (NSW); Home Building Regulation 2004
Civil and Administrative Tribunal Act 2013 (NSW); Civil and
Administrative Tribunal Rules 2014 (NSW)
More...
Health Care Complaints Commission v Parsons [2014]
NSWCATOD 97
ADMINISTRATIVE LAW - Civil and Administrative Tribunal (NSW) -
Occupational division - health practitioners list - Complaint
against a nurse - substance dependence - impairment - lack of
competence - failure to report charges of and convictions for
reportable criminal offences - criminal conviction - unsatisfactory
professional conduct - cancellation of registration – costs
More...
Hijazi v Commissioner of Police NSW Police [2014]
NSWCATAD 148
Revocation of category G firearms licence affirmed; revocation of
category A, B and H firearms licences set aside.
ADMINISTRATIVE LAW - Civil and Administrative Tribunal - firearms
licensing
More...
Legislation
NSW
Non-Government
Criminal Records Amendment (Historical Homosexual Offences) Bill 2014
The object of this Bill is to amend the Criminal Records Act 1991 to enable certain convictions for a number of decriminalised homosexual conduct offences to be extinguished.
Bills passed by both Houses of Parliament
The object of this Bill is to provide for a preamble to the Bail Act 2013, to require bail for certain serious offences to be refused unless the accused person shows cause why his or her detention is not justified, to convert the current 2-step unacceptable risk assessment process that applies to all bail decisions into a one-step risk assessment and to require additional matters to be considered by a bail authority in applying the unacceptable risk test.
Bills assented to
Bail Amendment Bill 2014
Bail Amendment Act 2014 No 52 — Assented to 25 September
2014
Regulations
Commencement: 20/9/2014 (Whole)
The object of this Regulation is to prescribe an applicable code of conduct for NSW Ministers for the purposes of section 9 of the Independent Commission Against Corruption Act 1988.
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.