In the media
Eight new Magistrates for the Local Court
Attorney General Mark Speakman said six magistrates
replace retiring judicial officers, while two will fill new roles
created by the $4.1 million package that addresses a rise in child
sexual abuse cases following the recent Royal Commission (11
September 2019).
More...
Latest crime data shows an increase in retail theft in
NSW
In the 24 months to June 2019, only one of the 17 major
offences significantly increased across the State. One was trending
down and the remaining 15 offences were stable (09 September 2019).
More...
In practice and courts
LSC: Call for submissions –
Managed Investment Scheme review of uniform general
rules
The Legal Services Council has commenced its review of the
Managed Investment Scheme Uniform General Rules 91A-91D and is
seeking submissions from interested parties until 3 October 2019.
Click here for the
Terms of Reference (03 September 2019).
More...
Protocol for the Bar Associations of Australia to raise
any concern about Judicial conduct in Commonwealth courts
The Chief Justice of the Federal Court of Australia, the
Chief Justice of the Family Court of Australia and the Chief Judge
of the Federal Circuit Court of Australia have agreed with the
President of the Australian Bar Association (10 September 2019).
More...
Reminder: Practice Directions –
High Court of Australia, No 1 of 2019
This Practice Direction takes effect in relation to matters set
down for hearing after 1 October 2019. In consultation with the
respondent and any interveners, the appellant must prepare a joint
book of the authorities which reference will be made during the
course of oral argument at the hearing of the appeal.
More...
OAIC Guide to privacy regulatory action
Guide to privacy regulatory action has been updated to
provide greater clarity about matters considered by the
Commissioner regarding enforceable undertakings and independent
experts. The update follows a review of similar policies and
enforceable undertakings in relation to other regulatory areas
within the Commonwealth (28 August 2019).
More...
JUDCOM updates
Equality
before the Law Bench Book
11 September 2019 – The Equality Before the Law Bench Book is
produced as a guideline only and is not intended to lay down or
develop any principles of law
Sentencing
Bench Book
5 September 2019 – The text of the Sentencing Bench Book
reflects the law as it stands at any given time
Appointment of NCAT Division Head and Deputy
President
NCAT President Justice Lea Armstrong has announced the
Attorney General has made the following appointments commencing on
Monday, 9 September 2019 (10 September 2019).
More...
Post-sentencing reform statistics now available on
JIRS
The Judicial Commission has launched an enhanced
statistics viewer to accommodate the new community-based sentencing
options which came into effect on 24 September 2018. The
post-reform sentencing statistics for the Local Court, District and
Supreme Courts are now available. Click
here for further information (09 September 2019).
More...
NSW ICAC Statement of Business Ethics
The NSW ICAC has recently updated its Statement of
Business Ethics.(05 September 2019).
More...
NSW IPC: Right to Know Week NSW
Right to Know Day is an international annual event held on
28 September that aims to increase awareness of individuals'
right of access to government information and open, transparent
governance. More...
Published – articles, papers, reports
ACLEI is no substitute for a federal ICAC
Bill Browne, The Australia Institute: 11 September
2019
After the Senate passed the Greens bill to establish a federal
anti-corruption commission and the Morrison Government faces new
pressure to establish a strong, independent anti-corruption body,
this paper argues that the existing Australian Commission for Law
Enforcement Integrity is no substitute for a National Integrity
Commission with teeth. More...
Australia's welfare 2019: in brief
Australian Institute of Health and Welfare: 11 September
2019
This report tells the story of welfare in Australia with key
findings on housing, education and skills, employment and work,
income and finance, government payments, social support, justice
and safety. More...
Understanding the attitudes and motivations of adults
who engage in image-based abuse
Colette Mortreux, Karen Kellard, Nicola Henry, Asher
Flynn
Office of the eSafety Commissioner (Australia): 11 September
2019
This research focuses on perpetrators of image-based abuse and
front-line workers who engage with perpetrators on a professional
basis. More...
NSW Recorded Crime Statistics quarterly update June
2019
BOSCAR: 09 September 2019
The offence trending upwards was steal from retail store (up 6.5%).
This increase is largely due to more shop stealing incidents
occurring at licenced premises & supermarkets.
More...
Outsourcing responsibility: human rights policies in the
defence sector
Amnesty International: 09 September 2019
This report argues that the defence sector urgently needs to
develop robust human rights due diligence polices and processes,
separate from those undertaken as part of government licensing
assessments, that truly address the very serious human rights risks
the industry routinely runs. More...
Cases
Graham Mahony and Australian Charities and
Not-for-profits Commission (Freedom of
information) [2019] AICmr 64
FREEDOM OF INFORMATION – Whether inclusion of
certain matter would cause reasons for decision to be an exempt
document – Whether disclosure would have a substantial
adverse effect on the proper and efficient conduct of the
operations of an agency – Whether contrary to public interest
to release conditionally exempt documents – Whether
reasonable steps taken to locate documents – (CTH)
Freedom of Information Act 1982 ss 11A(5), 24A, 26(2),
47E(d)
'RE' and Department of Home
Affairs (Freedom of information) [2019] AICmr
63
FREEDOM OF INFORMATION – Whether disclosure
would have a substantial adverse effect on the proper and efficient
conduct of the operations of an agency – Whether contrary to
public interest to release conditionally exempt documents –
(CTH) Freedom of Information Act 1982 ss 11A(5),
47E(d)
'RC' and TICA Default Tenancy Control Pty
Ltd (Privacy) [2019] AICmr 60
PRIVACY – Privacy Act 1988 (Cth)
– National Privacy Principles – Australian Privacy
Principles – Definition of 'personal information'
– Collection of personal information – NPP 1 –
Breach substantiated –Data quality – NPP 3 – APP
10 – Compensation awarded for non-economic loss –
Declaration that respondent must take specified steps
John Power and Department of Human
Services (Freedom of information) [2019]
AICmr 62
FREEDOM OF INFORMATION – Whether documents
contain deliberative matter prepared for a deliberative process
– Whether disclosure is contrary to the public interest
– (CTH) Freedom of Information Act 1982 ss 11A and
47C
I substitute my decision that the material that the Department
found to be exempt under s 47C of the FOI Act is not
exempt.
On 4 July 2017, the applicant applied to the Department for access
to:
Memos, reports, briefings, correspondence or other documentation
addressing concerns or flagging the possibility of the sale of
Medicare patient details on the darknet.
Fisher v Upper Lachlan Shire Council
[2019] NSWCATAD 185
ADMINISTRATIVE LAW - freedom of information -
government information public access - requirement for an advance
deposit against processing charges. Government Information
(Public Access) Act 2009
Forest Coach Lines Pty Ltd v Commissioner for
Vocational Training [2019] NSWCATAD 181
ADMINISTRATIVE LAW – Apprenticeship
Traineeship Act – Contract – competing agreements
– whether decision to terminate was reasonable –
whether Commissioner's powers allowed determination
Muswellbrook Shire Council v Hunter Valley Energy Coal
Pty Ltd [2019] NSWCA 216
ADMINISTRATIVE LAW – jurisdictional facts
– whether conditions of project approval specified objective
criteria, satisfaction of which was a precondition to the exercise
of the decision-maker's powers
ADMINISTRATIVE LAW – unreasonableness – whether
decision-maker's satisfaction with a mining strategy was
legally unreasonable – whether decision-maker's view was
at least arguable
CIVIL PROCEDURE – Court of Appeal – whether leave to
appeal required against costs order where there is an appeal as of
right against the substantive orders made at first instance - s
58(3)(c) Land and Environment Court Act 1979 (NSW)
COSTS – administrative law – whether decision-maker
entitled to costs when appears to advance arguments in proceedings
between two well-represented litigants – Hardiman (1981) 144
CLR 13; [1980] HCA 13 considered
Cornish v Secretary, Department of Planning, Industry
and Environment [2019] NSWSC 1134
ADMINISTRATIVE LAW – review of decision of Civil
and Administrative Tribunal (NCAT) –
disciplinary action against local councillor for breaches of Code
of Conduct – validity of statutory powers of Council –
validity of referral to NCAT – jurisdictional error in
disciplining for breach of invalid provision of Code –
jurisdiction to inquire into underlying conduct
LOCAL GOVERNMENT – powers of local council to discipline
councillor – power to censure conferred by statute –
validity of further powers contained in Code made under Regulation
– whether additional powers consistent with scheme of
legislation – Council required councillor to acknowledge
breach, apologise, undertake not to repeat conduct and undertake
training – councillor referred to Chief Executive for failing
to comply – matter referred to NCAT for consideration –
powers of NCAT STATUTORY INTERPRETATION – conferral of
limited power to take disciplinary action – further powers
conferred by code made under regulation – whether code
consistent with scheme of legislation
Civil and Administrative Tribunal Act 2013 (NSW), Sch 5,
cl 29; Independent Commission Against Corruption Act 1988
(NSW)
Malek Fahd Islamic School Limited v Non-Government
Schools Not-For-Profit Advisory Committee, NSW Department of
Education [2019] NSWCATAD
183
ADMINISTRATIVE LAW – Education – payment to
non-government school – whether operating "for
profit" – consequences of having operated "for
profit" – recommendations to Minister
DSG v Department of Education
[2019] NSWCATAD 182
ADMINISTRATIVE REVIEW – privacy and personal
information – review of conduct of agency admitted to be a
contravention of the information protection principles concerning
personal information
Legislation
Bills
Combatting Child Sexual Exploitation Legislation Amendment
Bill 2019
Senate 12/09/2019 - The Bill protects children from
sexual exploitation by improving the Commonwealth framework of
offences relating to child abuse material, overseas child sexual
abuse, forced marriage, failing to report child sexual abuse and
failing to protect children from such abuse. The Bill amends the
Criminal Code Act 1995(Criminal Code), the Customs Act
1901(Customs Act), the Crimes Act 1914(Crimes Act),
the Surveillance Devices Act 2004 and the
Telecommunications (Interception and Access) Act 1979
Crimes Legislation Amendment (Police Powers at Airports)
Bill 2019
Senate 12/09/2019 – The Bill amends the
Crimes Act 1914 to: broaden existing identity check
provisions and create offences and powers in relation to identity
check, move-on and ancillary directions by constables and
protective services officers at Australia's major airports; and
Australian Federal Police Act 1979 to provide that the
offence of contravening an identity check or move-on direction is a
protective service offence for the purposes of the Act
Criminal Code Amendment (Agricultural Protection) Bill
2019
House of Representatives Message from Senate reported
12/09/2019
Consideration of Senate message Details: House agreed to Senate
amendments 12/09/2019
Amends the Criminal Code Act 1995 to introduce two new
offences in relation to the incitement of trespass or property
offences on agricultural land
Royal Commissions Amendment (Private Sessions) Bill
2019
HR Message from Senate reported 10/09/2019.
Consideration of Senate message. Details: House agreed to Senate
amendments 10/09/2019
Senate 09/09/2019 – Amends the: Royal Commission Act
1902 to: enable a Royal Commission to hold private sessions
where a regulation is made authorising it to do so; enable the
Chair of a multi-member Royal Commission, or a sole Commissioner,
to authorise Assistant Commissioners to hold private sessions; and
impose limits on the use and disclosure of private session
information and certain information given to the Child Sexual Abuse
Royal Commission; and Freedom of Information Act 1982 to
make consequential amendments
National Integrity Commission Bill 2018 (No. 2)
HR 10/09/2019 - The bill establishes the Australian
National Integrity Commission as an independent public sector
anti-corruption commission for the Commonwealth; provides for the
appointment, functions and powers of the National Integrity
Commissioner and commissioners; and makes consequential amendments
to the Law Enforcement Integrity Commissioner Act 2006,
Ombudsman Act 1976 and Public Interest Disclosure Act
2013
Regulation
Australian
Human Rights Commission Regulations 2019
13/09/2019 - These regulations declare additional
grounds of discrimination for the purposes of the Australian Human
Rights Commission's equal opportunity in employment function,
provided for by Division 4 of Part II of the Australian Human
Rights Commission Act 1986
Disability
Discrimination Regulations 2019
13/09/2019 - These regulations declare 'combat
duties' and 'combat-related duties' for the purposes of
subsection 53(2) of the Disability Discrimination Act
1992. The Regulations also prescribe certain Commonwealth and
State laws for the purposes of subsection 47(2) of the
Disability Discrimination Act 1992.
Telecommunications
(Protecting Australians from Terrorist or Violent Criminal
Material) Direction (No. 1) 2019
09/09/2019 - This instrument directs relevant service
providers to block the websites included in the list of websites
hosting terrorist or violent criminal material, in connection with
the eSafety Commissioner's function of promoting online safety
for Australians by protecting them from access or exposure to
material that promotes, incites or instructs in, terrorist acts or
violent crimes.
NSW
Regulations and other miscellaneous instruments
Government
Sector Employment (General) Rules (Amendment No 10 –
Miscellaneous) 2019 (2019-443) – published LW 2 September
2019
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.
