Australia: NSW Government Bulletin 2 - 4 April 2018

NSW Government Lawyers Linkedin Group

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 those employed in the public sector.

In the media

New Deputy Director of Public Prosecutions
Attorney General Mark Speakman today announced the appointment of Peter McGrath SC as a Deputy Director of Public Prosecutions for NSW. He commenced as Deputy Director of Public Prosecutions on 3 April 2018 (28 March 2018). More...

Review of digital assets after death laws
The NSW Law Reform Commission will examine laws that affect access to a person's social media accounts and other digital assets after they die or become incapacitated, Attorney General Mark Speakman announced today (27 March 2018). More...

PCA: Industry responds to developer donation ban Bill
The Property Council has provided a submission in response to the Local Government Electoral (Implementing Stage 1 of Belcarra) and Other Legislation Amendment Bill 2018.
The Bill, which seeks to give effect to the Government's proposed ban on political donations from property developers, has been opposed by the Property Council on the basis that it singles out the property sector for inequitable treatment under electoral laws, and unduly brands Queensland's biggest non-government employer as a corruption risk (22 March 2018).

Allied Construction penalised for calling numbers on the Do Not Call Register
Solar power business Allied Construction and Roofing Pty Ltd has paid a $21,600 infringement notice for calling numbers on the Do Not Call Register without consent (22 March 2018). More...

In practice and courts

Law Council consults on Review of Australian Solicitors' Conduct Rules
The Law Council is undertaking a review of the Australian Solicitors' Conduct Rules. This is the first comprehensive review of the Rules since they were first promulgated in June 2011. The Law Council's Professional Ethics Committee has developed a Consultation Discussion Paper for the Review and invites comments and submissions on the issues raised and discussed. Read more here. The closing date for Submissions is 31 May 2018, which may be lodged here.

Law Council of Australia Submissions

21 March 2018: Review of the Identity-matching Services Bill 2018 and the Australian Passports Amendment (Identity-matching Services) Bill 2018

21 March 2018: Additional submission on National Security Legislation Amendment (Espionage and Foreign Interference) Bill 2017 (EFI Bill)

AAT Bulletin
The AAT Bulletin is a weekly publication containing a list of recent AAT decisions and information relating to appeals against AAT decisions:
Issue No. 11/2018, 26 March 2018

AIJA News
Designed to keep members informed of the Institute's activities and also to bring its work to the attention of a wider national and international audience, the latest edition is here.

HCA: Review of Registry Operations and Case Management System
The High Court is reviewing its registry operations and case management system with a particular emphasis on current and future electronic needs. To participate in the review, please complete the online form by Friday, 6 April 2018. More...

Judiciary Amendment (Commonwealth Model Litigant Obligations) Bill 2017
The Senate referred the Judiciary Amendment (Commonwealth Model Litigant Obligations) Bill 2017 to the Legal and Constitutional Affairs Legislation Committee for inquiry and report by 8 May 2018. Submissions closed on 28 February 2018. More...

The adequacy of existing offences in the Commonwealth Criminal Code and of state and territory criminal laws to capture cyberbullying
On 7 September 2017 the Senate referred the below matter to the Legal and Constitutional Affairs References Committee for inquiry and report by 29 November 2017. On 19 October 2017 the Senate extended the committee's reporting date to the last sitting day in March 2018. More...

ICAC: Public inquiry into allegations concerning former Canterbury City Council
The ICAC will hold a public inquiry commencing on Monday 16 April 2018 as part of an investigation it is conducting into allegations concerning the former Canterbury City Council (Operation Dasha) (26 March 2018). More...

ICAC: Prosecution briefs with the DPP and outcomes
Tables of prosecution briefs with the DPP and outcomes. Last updated 28 March 2018. More...

Land and Environment Court: Pilot Duty Lawyer Scheme
A duty lawyer scheme will be trialled in the Land and Environment Court for a 6 month period commencing 6 April 2018. The pilot scheme is aimed at assisting self-represented litigants in Classes 4 and 5 of the Court's jurisdiction. If it proves successful it may be broadened to other Classes or types of proceedings in the Court.

NSW Law Reform Commission: Access to digital assets upon death or incapacity
The Attorney General has asked us to review and report on the laws that affect access to a NSW person's digital assets after they die or become incapacitated. We invite preliminary submissions on what this review should cover. The deadline for preliminary submissions is 1 June 2018. (Terms of reference) More... (Background) More...
Note: The review will consider relevant NSW, Commonwealth and international laws, including those relating to intellectual property, privacy, contract, crime, estate administration, wills, succession and assisted-decision making.

LawAccess NSW makes some noise about noise
People who have a noise dispute with their neighbours can find clear, simple, legal information about how to deal with their dispute thanks to a new topic on the LawAccess NSW website. The new 'Noise' topic contains tips and information for people who have an issue with noise coming from their neighbour as well as people whose neighbour has complained about noise coming from them (22 March 2018).

NCAT: Feedback Assist' improving customer service
Visitors to the NCAT website can now provide feedback and suggestions using the Feedback Assist tool (26 March 2018). More...

JUDCOM
29 March 2018: Sentencing Bench Book Update 40 published
21 March 2018: Civil Trials Bench Book Update 35 Published

Published – articles, papers, reports

Adequacy of existing offences in the Commonwealth Criminal Code and of state and territory criminal laws to capture cyberbullying
Senate Legal and Constitutional Affairs References Committee: 28 March 2018
This report recommends that the Australian government consult state and territory governments, non-government organisations, and other relevant stakeholders, to develop and publicise a clear definition of cyberbullying that recognises the breadth and complexity of the issue. More...

Foreign bribery
Senate Economics References Committee; Parliament of Australia: 28 March 2018
This report evaluates reform options to strengthen Australia's foreign bribery framework and examines the relevant experience in other jurisdictions. It assesses the need for increased transparency around beneficial ownership and the benefits of introducing a debarment framework in Australia. More...

Pathways to Justice–Inquiry into the Incarceration Rate of Aboriginal and Torres Strait Islander Peoples
Australian Law Reform Commission: Tabled 28 March 2018
The ALRC was asked to consider laws and legal frameworks that contribute to the incarceration rate of Aboriginal and Torres Strait Islander peoples and inform decisions to hold or keep Aboriginal and Torres Strait Islander people in custody. More...

Cases

Sheehy v Commissioner of Police; Rapisarda v Commissioner of Police; McDonald v Commissioner of Police; Housego v Commissioner of Police [2018] NSWCATAD 73
ADMINISTRATIVE LAW – public access to government information –Request for information concerning a complaint under Part 8A of Police Act 1990 alleging police misconduct – police required to provide information to investigation – Personal information – whether prejudice to the effective exercise of an agency's functions – public interest in transparency and accountability - balancing public interest considerations – confidentiality of complainant's identity under Part 8A of Police Act 1990.

Budrodeen v Commissioner of Victims Rights [2018] NSWCATAD 67
ADMINISTRATIVE LAW – merits review- Victims Rights and Support – restitution order against person convicted of relevant offence – dispute regarding culpability despite a plea of guilty and conviction.

Gilleland v Commissioner of Police, NSW Police Force [2018] NSWCATAD 68
ADMINISTRATIVE REVIEW – government information - applicant sought access to a copy of a video recording of an incident involving the applicant and a member of her family – a copy of the video recording was provided to the respondent at the time police attended the home of the applicant following the incident – applicant granted access by viewing the video at the offices of the respondent – respondent refused to provide a copy of the video as requested by the applicant - whether there was an overriding public interest against disclosure of the video in the form requested by the applicant.

Legislation

New South Wales

Bills assented to

Justice Legislation Amendment Act 2018 No 4 — Assented to 21 March 2018
The Act makes a number of amendments to Acts relating to courts and crimes. More...

Liquor and Gaming Legislation Amendment Act 2018 No 7 — Assented to 21 March 2018.
Casino Control Amendment Act 2018 No 8 — Assented to 21 March 2018.

For the full text of Bills, and details on the passage of Bills, see Bills.

Proclamations commencing Acts

Gaming Machines Amendment (Leasing and Assessment) Act 2018 No 9 (2018-111) — published LW 29 March 2018.
Liquor and Gaming Legislation Amendment Act 2018 No 7 (2018-112) — published LW 29 March 2018.

Regulations and other miscellaneous instruments

Law Enforcement (Powers and Responsibilities) Amendment (Crime Scenes in Rural Areas) Regulation 2018 (2018-113) — published LW 29 March 2018.

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.