In the last edition of Government Bulletin, we looked at the report issued by the Inspector of the Independent Commission Against Corruption (ICAC) to the Premier of NSW in relation to his review of the ICAC (Report).
As foreshadowed in our last edition, the ICAC has made a submission to the Premier in response to the Report (Submission).
The Submission states amongst other things, that the ICAC:
- was not consulted in relation to any of the matters and 16 recommendations outlined in the Report, even though the matters directly relate to the ICAC's operation;
- largely does not support most of the recommendations in the Report, as they are in some cases unnecessary and/or because no policy or practical justification is provided for their adoption. For example, the Inspector's recommendations that the conduct of proceedings by the ICAC be embodied in a Code or a set of rules, is not agreed to by the ICAC as the Inspector has not provided any reasoning for the recommendation and the ICAC cannot understand the basis upon which the recommendation was made;
- disagrees with the principal recommendation that the ICAC should conduct all examinations in private as that would weaken the ICAC's ability to expose and prevent corruption. The ICAC points out that this recommendation is contrary to conclusions in the 2004-5 Independent Review conducted by Bruce McClintock SC and the 2015 Independent Panel Review conducted by the Hon Murray Gleeson AC and Mr McClintock; and
- disagrees with a recommendation in the Report, for legislation allowing a person to apply to the Supreme Court to aside findings of corrupt conduct by ICAC, in circumstances where there is an absence of a criminal conviction arising from prosecution, based on similar facts presented to the ICAC in making a finding of corrupt conduct. The ICAC states that this recommendation fails to take into account:
-
- that the ICAC investigations are distinct from criminal proceedings; and
- the relevant case law on this issue.
The Parliamentary ICAC Committee has commenced its review of the Report.
In the media
NDIS begins in July
People with disability in parts of NSW will soon be able to access the National Disability Insurance Scheme (NDIS) (01 June 2016). More...
Appointment of new electoral commissioner
NSW Premier Mike Baird today announced the appointment of John Schmidt as the State's new Electoral Commissioner (03 June 2016). More...
Three-council merger postponed; Baird cops court costs
A merger between Burwood, Canada Bay and Strathfield Councils has been postponed after the Land and Environment Court ruled the NSW government could not rely on the Boundaries Commission's report to make a merger case (31 May 2016). More...
Transport for NSW investigate a possible breach and the Privacy Commissioner urges people to be vigilant
Transport for NSW notified the Office of the Privacy Commissioner NSW late Friday 27 May, of a potential security breach of the online reservations system for train bookings. The latest information the Office of the Privacy Commissioner NSW has received is that personal and financial details may have been accessed (30 May 2016). More...
In practice and courts
NSW JUDCOM
The Sentencing Bench Book: Special Bulletin 11 was published on May 31, 2016. More...
ICAC: Operation Ricco public inquiry resumes
The ICAC will resume its Operation Ricco public inquiry into allegations concerning the former CFO of Botany Bay City Council and others on 3 June 2016. More...
ICAC: Operation Ricco witness list
Witness list for Operation Ricco public inquiry, resuming Friday 3 June 2016. Please note that witness lists are subject to change (02 June 2016). More...
ICAC: Prosecution briefs with the DPP and outcomes
Briefs with the DPP and outcomes of ICAC-related prosecutions. Last updated 30 May 2016. More...
ICAC: submission to the Premier on the Inspector's report
Submission to the Premier of NSW on the ICAC Inspector's report on his review of the ICAC (24 May 2016). More...
Published – articles, papers, reports
What works to improve service outcomes: draft reporting framework
Productivity Commission; 26 May 2016
The proposed reporting framework is intended to enable the Steering Committee for the Review of Government Services to enhance its performance monitoring work on government service provision (the Report on Government Services) with complementary reporting on what works to improve outcomes for these services. The opportunity to provide feedback on the issues paper is open from 19 May 2016 to 14 July 2016. More...
Latest HCA Bulletin
High Court of Australia Bulletin [2016] HCAB 04 was published on 25 May 2016. More...
Justice Logan RFD, 'Statutory Construction' (2016)
Panel Discussion Presentation. Delivered at the Administrative Appeals Tribunal Members Conference, Twin Waters Resort, Sunshine Coast, Queensland (30 May 2016). More...
Cases
Jamal v NSW Police Commissioner [2016] NSWSC 658
ADMINISTRATIVE LAW – judicial review – decisions of the Civil and Administrative Tribunal of New South Wales refusing grant of leave and an adjournment – self-represented plaintiff alleged discrimination by members of the NSW Police Force – Principal Member of the Tribunal qualified to make decision – no denial of procedural fairness – no error of law established – no error in plaintiff naming NSW Police Force as defendant. More...
Legislation
NSW
Proclamations commencing Acts
Fines Amendment Act 2016 No 13 (2016-276) — published LW 1 June 2016
Bills passed by both Houses of Parliament – 01 June 2016
Courts Legislation Amendment (Disrespectful Behaviour) Bill 2016
Statute Law (Miscellaneous Provisions) Bill 2016
Regulations and other miscellaneous instruments
Home Building Amendment (Loose-fill Asbestos Insulation) Regulation 2016 (2016-264) — published LW 27 May 2016
Liquor Amendment (Special Licence Conditions) Regulation 2016 (2016-265) — published LW 27 May 2016
Local Government (General) Amendment (Preparation of Rolls) Regulation 2016 (2016-263) — published LW 25 May 2016
NSW Admission Board Amendment (Fees) Rule 2016 (2016-266) — published LW 27 May 2016
Public Notaries Appointment Amendment (Fees) Rule 2016 (2016-273) — published Gazette No 40 of 27 May 2016, p1148
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