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In the media
NSW strengthening child sexual abuse laws
Attorney General Mark Speakman today encouraged the community to
have its say on a discussion paper aimed at strengthening NSW laws
targeting child sex offenders. The discussion paper reviews
legislative recommendations from the final Criminal Justice Report
of the Royal Commission into Institutional Responses to Child
Sexual Abuse released last month (01 September 2017).
More...
Revenge porn is a crime in NSW
New offences in the Crimes Act 1900 criminalise the
recording and distributing of intimate images of a person without
consent. As well as the possibility of fines and jail time for
perpetrators, courts can order offenders to take reasonable steps
to recover, delete or destroy images taken or distributed without
consent. Perpetrators of intimate image abuse now face a maximum
sentence of three years jail and an $11,000 fine (25 August 2017).
More...
NSW commissioner didn't want tent city
powers
NSW's police commissioner says he did not want the powers
bestowed to clear the tent city in Sydney. The powers enable police
to remove people from crown land, including Martin Place, if the
lands minister deems there is a 'public safety issue' (24
August 2017).
More...
In practice and courts
HCA Bulletins
High Court of Australia Bulletin [2017] HCAB 06 (1 September 2017).
More...
Modern Slavery Consultation
The first step is an extensive consultation period with industry on
the Government's Modern Slavery in Supply Chains Reporting
Requirement discussion paper. The consultation paper is
available online at the
modern slavery consultation page on the Attorney-General's
Department website. The deadline for submissions is 20 October
2017.
More...
NSW Justice Consultation: NSW strengthening child sexual
abuse laws discussion paper
The discussion paper considers the Royal Commission's
recommendations, including: strengthening grooming offences;
removing remaining limitation periods on some historic child sex
offences; and developing a targeted failure to report offence. To
make submissions on the discussion paper, visit the NSW
Government's 'Have
Your Say' website (01 September 2017).
More...
ICAC: Prosecution briefs with the DPP and
outcomes
Tables of prosecution briefs with the DPP and outcomes, last
updated 29 August 2017.
More...
ICAC November 2017 workshops
Workshops by leading practitioners on conducting investigations,
strategic corruption prevention management or effective complaint
handling (17 August 2017). More...
Australian Public Sector Anti-Corruption
Conference
The conference will be held at The Westin Sydney on 14 to 16
November 2017. More...
Royal Commission civil litigation
recommendations
The NSW Government is considering the recommendations made by the
Royal Commission into Institutional Responses to Child Sexual Abuse
about how to provide justice to victims of future institutional
child abuse. The Department of Justice has developed a consultation
paper which identifies some of the potential issues and poses
questions about possible options for reform.
More...
Cases
CEU v Ombudsman
[2017] NSWCATAD 267
ADMINISTRATIVE LAW – privacy – alleged breach of ss 17
and 18(1) of the Privacy and Personal Information Protection
Act 1998 – investigative agency exemption under s 24(1)
– whether agency had no reason to believe individual would
object to disclosure.
Cheetham v Goulburn Motorcycle Club Inc
[2017] NSWCA 83
JUDICIAL REVIEW – planning consent – whether proposed
development prohibited under local environmental plan –
whether characterisation of proposal a jurisdictional fact to be
determined by the court. PLANNING LAW – development consent
granted for a "motorcycle facility" – whether the
development consent was for a prohibited use under Goulburn
Mulwaree Local Environmental Plan 2009 – whether consent
was for a "recreation facility (major)" – extent to
which reference can be made to documents referred to in conditions
of consent in construing the consent. STATUTORY INTERPRETATION
– definition in statutory instrument – how to construe
"means" and "includes" – reliance on
factual context.
Legislation
NSW
Proclamations commencing Acts
Crimes
(Administration of Sentences) Amendment Act 2016 No
47
(2017-458) — published LW 25 August 2017.
Crimes
Amendment (Intimate Images) Act 2017 No 29
(2017-462) — published LW 25 August 2017.
Justice
Legislation Amendment Act 2017 No 40
(2017-463) — published LW 25 August 2017.
Regulations and other miscellaneous instruments
Independent
Commission Against Corruption Regulation 2017
(2017-479) — published LW 1 September 2017.
Subordinate Legislation (Postponement of Repeal) Order (No 2)
2017
(2017-474) — published LW 31 August 2017.
Subordinate
Legislation (Postponement of Repeal) Order (No 3)
2017
(2017-475) — published LW 31 August 2017.
Administrative
Arrangements (Administration of Acts—Amendment No 3) Order
2017
(2017-430) — published LW 25 August 2017.
Civil Procedure Regulation 2017
(2017-435) — published LW 25 August 2017.
Crimes (Sentencing Procedure) Regulation 2017
(2017-436) — published LW 25 August 2017.
Criminal Procedure Regulation 2017
(2017-437) — published LW 25 August 2017.
Law Enforcement (Controlled Operations) Regulation
2017
(2017-444) — published LW 25 August 2017.
Oaths Regulation 2017
(2017-447) — published LW 25 August 2017.
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.