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In the media
Marriage Equality for Australia
The Parliament of Australia today passed legislation providing
marriage equality in Australia. These historic reforms commenced on
Saturday 9 December 2017. Under the new laws, ministers of religion
and religious marriage celebrants will be able to act in accordance
with their religious beliefs about marriage (07 December 2017).
More...
Tough new measures to combat corporate
crime
Companies will be forced to actively guard against foreign bribery,
and will be held responsible for bribery committed by their
employees and contractors, under new laws introduced by the
Coalition Government today. The Crimes Legislation Amendment
(Combatting Corporate Crime) Bill 2017 will also provide
incentives for companies to come forward and work with government
agencies (06 December 2017).
More...
Greater relief for distressed families navigating the
family law
The Attorney-General has introduced two Bills to ease the pressure
on separating families, better protect vulnerable women and
children and ensure family law matters can be dealt with swiftly
and affordably, with children's best interests prioritised (06
December 2017).
More...
Compensation conundrum for abuse victims who go on to
offend
Under the Federal Government's national redress scheme, victims
of child sexual abuse who go onto commit sexual offences will not
be eligible for compensation (07 December 2017).
More...
Domestic violence rates fall for the first time in nine
years
For the first time in nine years, recorded incidents of domestic
violence related assault have fallen in NSW. The NSW Government has
introduced a raft of measures including Australia's first
dedicated police teams to target high-risk offenders, Plain English
Apprehended Violence Orders and body-worn cameras so police can
record victim statements that can be used as evidence in court (07
December 2017).
More...
Community safety comes first under changes to strengthen
the management of high-risk offenders
The High Risk Offenders Scheme enables the government to apply to
the NSW Supreme Court to keep serious sex or violent offenders in
prison, or under rigorous supervision by Community Corrections, at
the end of their sentence of imprisonment. From today, a greater
number of offenders can be considered under the scheme due to
changes in eligibility (06 December 2017).
More...
Government set to silence charities from participating
in election debates
Charities in Australia will be silenced from speaking publicly on
issues in an election, under law reforms announced by the
Australian Government (05 December 2017).
More...
Court project to help people with a cognitive impairment
in NSW
The NSW Government has launched a pilot diversion program to help
defendants with a cognitive impairment charged with low-level
offences access services that address the underlying causes of
their offending behaviour. "The pilot program will identify
defendants with a cognitive impairment early to help prevent their
further contact with the criminal justice system (04 December
2017).
More...
New guilty plea reforms fail to win over NSW's top
lawyers
The benefits expected from an overhaul of the criminal justice
system in New South Wales are a "mirage", according to a
key section of the state's legal profession (03 December 2017).
More...
National supervision for high risk
offenders
The NSW and South Australian Governments will lead a national
effort to design a scheme to ensure the nation's most dangerous
sex, violence and terrorism offenders remain subject to High Risk
Offender orders imposed on them no matter where they are in
Australia, NSW Attorney General Mark Speakman has announced (01
December 2017).
More...
Interim Parliamentary Report on the Status of the Human
Right to Freedom of Religion or Belief
The Joint Standing Committee of Foreign Affairs, Defence and Trade
has released the Interim Report into the Legal Foundations of
Religious Freedom in Australia. The Interim Report is the first
report to be released in the inquiry into the status of the human
right to freedom of religion or belief, after a number of public
consultations throughout the year (01 December 2017). More...
Appointment of Royal Commissioner
The Turnbull Government will, having consulted His Excellency,
recommend the Governor General appoint former High Court Judge the
Honourable Kenneth Madison Hayne AC as Royal Commissioner into
Misconduct in the Banking, Superannuation and Financial Services
Industry (01 December 2017).
More...
Appointment of President of the Australian Law Reform
Commission
Today I announce the appointment of Professor Sarah Derrington as
the new President of the Australian Law Reform Commission
(ALRC), for a five-year term. She replaces
Professor Rosalind Croucher, who was recently appointed as the
President of the Australian Human Rights Commission (30 November
2017).
More...
Appointments to the Administrative Appeals
Tribunal
The Attorney-General, Senator the Hon George Brandis QC, has
announced 19 appointments and 14 re-appointments to the AAT. Each
appointment is for seven years commencing from 1 December 2017
unless otherwise indicated (30 November 2017).
More...
Appointment to the Federal Court of
Australia
The Attorney-General announces the appointment of Mr Simon Steward
QC as a judge of the Federal Court of Australia. Mr Steward will
commence in the Melbourne Registry on 1 February 2018 (30 November
2017).
More...
Appointment to the Federal Court of
Australia
The Attorney-General announces the appointment of Mr Simon Steward
QC as a judge of the Federal Court of Australia. Mr Steward will
commence in the Melbourne Registry on 1 February 2018 (30 November
2017).
More...
Improving the native title system for all
Australians
The Turnbull Government is today releasing an options paper
considering how the native title system could be improved to better
support all stakeholders involved with native title. The options
paper considers reforms to the Native Title Act 1993 (Cth)
to make the native title system operate more effectively for all
Australians (29 November 2017).
More...
Wing v Fairfax Media Publications Pty Ltd
[2017] FCAFC 191: Inconsistency with Federal Law
On 27 November 2017, the Full Court of the Federal Court handed
down judgement in an interlocutory application by the respondents
in the case of Wing v Fairfax Media Publications Pty Ltd
[2017] FCAFC 191. The interlocutory application deals with the
issue of inconsistency between state and federal legislation
pertaining to juries (29 November 2017). More...
In practice and courts
Recommended National Standards for Working with
Interpreters in Courts and Tribunals 2017
COAT is a member of the Judicial Council on Cultural Diversity. The
council has developed guidelines for working with interpreters in
Courts and Tribunals: Recommended National Standards for
Working with Interpreters in Courts and Tribunals 2017 (05
December 2017). More...
High Court of Australia
High Court of Australia Bulletin [2017] HCAB 09 (27
November 2017).
More...
AAT Publication of Decisions Policy
The Administrative Appeals Tribunal (AAT) has
revised its
Publication of Decisions Policy. The revised interim policy
replaces the previous practices that largely reflected those that
were in place in the AAT, Migration Review Tribunal and Refugee
Review Tribunal, and Social Security Appeals Tribunal prior to
amalgamation. Under the revised policy, the Tribunal will generally
publish all written decisions in certain types of cases and a
randomly selected proportion of decisions in most of the higher
volume areas of our jurisdiction. Full implementation of the policy
will be undertaken in stages, starting from 27 November 2017.
Tribunal's website
Judicial Commission of NSW: Annual Report
2016–2017
The annual report is designed for judicial officers, our partners,
staff, and the community to provide easy-to-read information about
how the Commission performed during the financial year (29 November
2017).
More...
NSW IPC: Release of inaugural dashboard and metrics on
the public's use of FOI laws
Australian Information Access Commissioners and Ombudsmen
have released the inaugural dashboard of metrics on public use of
freedom of information (FOI) access rights. The metrics
are the first of their kind and will enable the community to
examine the performance of their local FOI laws and to advocate
accordingly, as well as improving community understanding of how
FOI laws work and how to access them (28 November 2017). More...
Updated costs assessment forms have recently been published on the Supreme Court website. From 1 January 2018 the registry will only accept these costs assessment forms for processing.
Law Society of NSW Submissions
Shaping a Better Child Protection System - December 2017.
ICAC: Prosecution briefs with the DPP and
outcomes
Tables of prosecution briefs with the DPP and outcomes. Last
updated 07 December 2017.
More...
Legislative changes on 1 December to the Civil and Administrative Tribunal Act 2013 inserts a new part in the Act. This will allow interstate parties to commence proceedings in the Local or District Court after NCAT has declined to hear the case because of federal diversity jurisdiction (04 December 2017). More...
Law Society of NSW: NCAT legislative
amendments
Amendments to Part 3A of the Civil and Administrative Tribunal
Act 2013, Schedule 1 of the Civil Procedure Act 2005,
s 44(1)(d2) of the District Court Act 1973 and s 30(1)(b2)
of the Local Court Act 2007, which were passed by the
Parliament in September 2017 to address the impact of the Court of
Appeal's decision in Burns v Corbett, commenced on 1
December 2017.
More...
NCAT Annual Report 2016-2017
The Report details the Tribunal's performance against the eight
areas of Tribunal excellence set out in the Australia and New
Zealand Excellence Framework (June 2017) published by the Council
of Australasian Tribunals (30 November 2017).
More...
Reminder: Review of community legal centre (CLC)
services
The aim of the review is to ensure that legal assistance is
directed to people most in need, improve CLC service provision and
assist the NSW Government in settling an approach to funding
allocation. Download the full
Terms of Reference for the review. A report on the review will
be delivered to the Attorney General by mid-December 2017.
Published – articles, papers, reports
Combatting corruption in mining approvals: assessing the
risks in 18 resource-rich countries
Lisa Caripis; Transparency International: 05 December
2017
Transparent and accountable mining can contribute to sustainable
development. This begins with corruption-free approvals – the
very first link in the mining value chain when decisions are made
about whether, where, and under what circumstances to permit
mining, including who is awarded licences. More...
Overweight and obesity in Australia: a birth cohort
analysis
Australian Institute of Health and Welfare: 24 November
2017
Overweight and obesity is a major public health issue, second only
to tobacco smoking as a risk factor contributing to the burden of
disease in Australia. More...
Chronology of same-sex marriage bills introduced into
the federal parliament: a quick guide
Deirdre McKeown; Parliamentary Library (Australia): 24 November
2017
This Quick Guide provides a chronological list of bills relating
to marriage equality introduced into the federal parliament,
including bills restored to the Notice Paper or reintroduced in a
later parliament. More...
Cases
Commissioner of Police, NSW Police Force v Monastirski
[2017] NSWCATAP 225
ADMINISTRATIVE LAW – appeal from exercise of discretion to
make a long term banning order – whether a person's
private interests are a mandatory consideration rendering the
decision invalid if they are not taken into account, or whether a
person's private interests are a permissive consideration
– whether the Tribunal treated the matters in s 3(2) of the
Liquor Act 2007 (NSW) as mandatory considerations –
whether the Tribunal treated the fact that the conduct giving rise
to the application for the long-term banning order occurred or did
not occur at a high risk venue as a mandatory consideration.
Braiding v TAFE NSW [2017] NSWCATAD 363
HUMAN RIGHTS – where complaint of disability discrimination
in education declined by Anti-Discrimination Board – where
applicant applied for leave to proceed – where TAFE refused
applicant's application for enrolment – whether fair and
just for compliant to proceed.
Nicholls v Transport for NSW [2017] NSWCATAD
361
GIPA Act - Government Information - Access -Confidential
information - Cabinet material – Position Minister was taking
– Weight of evidence – Reasonable grounds –
Whether reasonable grounds established.
Sydney Training Academy Pty Ltd v Commissioner of Police, NSW
Police Force; Abughazaleh v Commissioner of Police, NSW Police
Force [2017] NSWCATOD 176
ADMINISTRATIVE LAW – Security Industry – Where
applicants provided training to New South Wales residents to obtain
Queensland licences with a view to obtaining New South Wales
licences under mutual recognition legislation – Where
respondent revoked individual's security licence and
corporation's master licence –Whether individual had
breached licence conditions – Whether individual a fit and
proper person to hold a licence. CONSTITUTIONAL LAW – Where
corporate applicant was a registered training organisation under
federal legislation – Where applicants claimed that security
training was provided under federal Act - Whether Security
Industry Act 1997 (NSW) inconsistent with National
Vocational Education and Training Regulator Act 2011
(Cth).
O'Grady v Department of Finance, Services and
Innovation [2017] NSWCATAD 360
ADMINISTRATIVE REVIEW - Government Information – discharge of
onus - legal professional privilege – allegations of
delay.
Amos v Western NSW Local Health District; Arnold v Western NSW
Local Health District [2017] NSWCATAD 359
ADMINISTRATIVE LAW – Government information – whether
disclosure could reasonably be expected to prejudice the supply of
confidential information that facilitates effective exercise of
agency functions – workplace investigation – human
resources and patient safety functions – whether disclosure
could reasonably be expected to prejudice effective exercise of
agency functions – whether disclosure could reasonably be
expected to disclose information provided in confidence –
balancing of public interests. Personal information – whether
disclosure would reveal an individual's personal information or
contravene an Information Privacy Principle – whether
information already revealed – balancing of public
interests.
Robinson v Transport for NSW; Robinson v Roads and Maritime
Services [2017] NSWCATAD 353
GOVERNMENT INFORMATION – Review of implicit decision that
agency does not hold information – Inadvertent disclosure of
information to which access had been refused by agency –
Relevance of inadvertent disclosure to conduct of review by
Tribunal – Whether inadvertent disclosure constituted
decision to grant access to information - Cabinet information claim
– Whether reasonable grounds for claim – Whether
certain documents prepared for the purpose of submission to Cabinet
– Whether certain documents would reveal or tend to reveal
information concerning any of Cabinet deliberations or decisions
– Whether certain documents reveal or tend to reveal the
position of a particular Minister on a matter in Cabinet - Whether
Tribunal may decide to provide access to part of a document
containing Cabinet information but not to the remainder of the
document – Legal professional privilege – Whether
confidential communications prepared for dominant purpose of lawyer
providing legal advice to a client – Whether privilege waived
by inadvertent disclosure to applicant – Applicable
principles – Whether privilege waived by the provision of
advice by a Department to a statutory corporation – Whether
RMS is client of in-house solicitor providing advice - Where legal
staff in RMS are employed by the Government of NSW - Meaning of
"client" in the Evidence Act.
Turner v Commissioner of Police, NSW Police Force (No 2)
[2017] NSWCATAD 356
ADMINISTRATIVE REVIEW – Government Information –
Reasonableness of searches.
Industrial Relations Secretary v Wattie [2017] NSWSC
1662
ADMINISTRATIVE LAW – jurisdictional error – whether
refusal of leave by Full Bench of Industrial Relations Commission
against decision of Commissioner affected by jurisdictional error
itself involved jurisdictional error ADMINISTRATIVE LAW –
inference drawn from reasons of Commissioner that regulatory
context not taken into account, notwithstanding that it was, as a
matter of necessary implication, a mandatory relevant consideration
– jurisdictional error established INDUSTRIAL LAW –
what was required to determine whether dismissal was harsh –
whether regulatory context was required to be considered in the
context of a correctional services officer who assaulted three
separate inmates on three occasions – HELD –seriousness
of misconduct was required to be assessed to determine whether
dismissal was harsh – assessment of seriousness required
consideration of regulatory and policy context PUBLIC LAW –
correctional services officers agents of the State when dealing
with inmates in custody in gaols – importance of prohibition
of use of force by correctional services officers in the context of
the State's responsibilities towards those it deprives of
liberty.
CPJ v The University of Newcastle [2017] NSWCATAD
350
PROCEDURE – summons to produce documents – where
applicant in proceedings under the Privacy Information
Protection Act 1998 issued a summons to a third party to
produce documents – whether summons has legitimate forensic
purpose – taking into account common law principles and the
guiding principle, whether summons should be set aside.
Mookhey v Infrastructure NSW [2017] NSWCATAD
345
ADMINISTRATIVE LAW – Government information – Cabinet
information claim – Whether documents prepared for dominant
purpose of submission to Cabinet – Whether documents tend to
reveal position taken by Minister – Whether documents tend to
reveal Cabinet decisions or deliberations.
Shoebridge v Department of Education [2017] NSWCATAD
343
ADMINISTRATIVE LAW – access to information – reviewable
decisions – public interest considerations – personal
information – legitimate business interests.
Legislation
Commonwealth
Copyright Amendment (Service Providers) Bill
2017
The Copyright Amendment (Service Providers) Bill 2017 (the
Bill) extends the operation of the safe harbour
scheme and will limit remedies available against carriage service
providers in Division 2AA of Part V of the Copyright Act
1968 (the Act) to a broader range of service
providers in the disability, educational and cultural sectors.
Progress: Senate Introduced and read a first time 06/12/2017.
Second reading debate 06/12/2017.
Communications Legislation Amendment (Online Content Services and
Other Measures) Bill 2017
The Bill will establish a legislative framework that can be used to
apply gambling promotions restrictions to 'online content
services' providers and provide the ACMA with the power to (if
directed by the Minister ) determine program standards about
gambling promotional content. Progress: Senate Introduced and read
a first time 06/12/2017; Second reading debate 06/12/2017.
Marriage Amendment (Definition and Religious Freedoms) Bill
2017
Amends the: Marriage Act 1961 to: redefine marriage as 'a union
of two people'; introduce non-gendered language so that the
requirements of the Act apply equally to all marriages; enable
same-sex marriages that have been, or will be, solemnised under the
law of a foreign country to be recognised in Australia; amend the
definition of 'authorised celebrant' to include new
categories of religious marriage celebrants and certain Australian
Defence Force officers; enable ministers of religion, religious
marriage celebrants, chaplains and bodies established for religious
purposes to refuse to solemnise or provide facilities, goods and
services for marriages on religious grounds; and make amendments
contingent on the commencement of the proposed Civil Law and
Justice Legislation Amendment Act 2017; and Sex
Discrimination Act 1984 to provide that a refusal by a
minister of religion, religious marriage celebrant or chaplain to
solemnise marriage in prescribed circumstances does not constitute
unlawful discrimination. Progress: House of Representatives Second
reading agreed to 07/12/2017. Consideration in detail debate
07/12/2017.
Marriage
Amendment (Definition and Religious Freedoms) Act
2017
Act No. 129 of 2017 – Date of assent: 08/12/2017 - An Act to
amend the law relating to the definition of marriage and protect
religious freedoms.
Regulations
Privacy
Amendment (Permitted Disclosures—Energy and Water Utilities)
Regulations 2017
04/12/2017 – This regulation amends the Privacy Regulation
2013 to permit the disclosure of credit information by energy and
water utilities in the Australian Capital Territory until 1 January
2019.
NSW
Regulations and other miscellaneous
instruments
Privacy Code of Practice (General) Amendment (Document Validation
Services) 2017 (2017-696) — published Gazette No 132
of 8 December 2017, page 7519.
Supreme Court (Amendment No 431) Rule 2017 (2017-690)
— published LW 8 December 2017.
Election Funding, Expenditure and Disclosures (Adjustable Amounts)
Further Amendment Notice 2017 (2017-671) — published
LW 1 December 2017.
Law Enforcement (Powers and Responsibilities) Amendment (Police
Reorganisation) Regulation 2017 (2017-675) —
published LW 1 December 2017.
Proclamations commencing Acts
Crimes (High Risk Offenders) Amendment Act 2017 No 54
(2017-678) — published LW 1 December 2017.
Justice Legislation Amendment Act (No 2) 2017 No 44
(2017-667) — published LW 1 December 2017.
Bills assented to
Electoral Act 2017 No 66 — Assented to 30
November 2017
Terrorism (High Risk Offenders) Act 2017 No 68 —
Assented to 30 November 2017
Building Products (Safety) Act 2017 No 69 —
Assented to 30 November 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.
