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In the media
OAIC opens door on privacy principles
The OAIC has announced that the Australian Government
Agencies Privacy Code has been registered on the Codes Register and
will come into force on 1 July 2018. The OIAC said the code
sets out the specific requirements and key practical steps that
Agencies will be expected to take as part of complying with
Australian Privacy Principle 1.2 (APP 1.2) (10
November 2017). See the Australian Government Agencies Privacy
Code
here.
More...
Privatisation fails in public says union
The Community and Public Sector Union
(CPSU) has released the report of the
People's Inquiry into Privatisation which canvassed
CPSU members' experience and opinions on the outsourcing of
Public Service responsibilities and activities. Its conclusion was
that privatisation has broadly failed the Australian community and
made 12 recommendations (10 November 2017). The report Taking
Back Control can be accessed
here.
More...
More guidance released on the notifiable data breaches
regime
The OAIC has released further draft guidance on the
Notifiable Data Breaches (NDB) regime that comes
into effect in just over three months' time. The NDB scheme,
which commences on 22 February 2018, will require private sector
businesses and government agencies covered by the Australian
Privacy Act 1988 to notify affected individuals as well as the
head of the OAIC, the Australian Information Commissioner, of
'eligible data breaches (07 November 2017).
More...
Parliament prepares for pay payback
The Special Minister of State, Senator Scott Ryan has
issued a statement setting out the rules relating to possible debts
to the Commonwealth owed by Members of Parliament found ineligible
to sit by the High Court of Australia (07 November 2017).
More...
New leaders announced for key law enforcement
agencies
Michael Phelan APM will be the next Chief Executive
Officer of the Australian Criminal Intelligence Commission
(ACIC) and the Director of the Australian
Institute of Criminology (AIC). Nicole Rose PSM
will be the next CEO of the Australian Transaction Reports and
Analysis Centre (AUSTRAC) (03 November 2017).
More...
No doubt there's corruption at all levels':
Former judges call for federal ICAC
A group of prominent former judges call for the
establishment of a federal anti-corruption agency, saying serious
corruption almost certainly exists in federal politics (02 November
2017).
More...
Data breach sees records of 50,000 Australian workers
exposed
Nearly 50,000 Australians and 5,000 federal public
servants have had sensitive personal information exposed online as
part of one of the nation's biggest ever data breaches (02
November 2017).
More...
Listing of two terrorist organisations under the
Criminal Code
Today the Government proscribed Islamic State Khorasan
Province under the Criminal Code, taking the number of listed
terrorist organisations to 25 (02 November 2017).
More...
NSW Court trials paperless hearings
The Land and Environment Court is conducting a trial of
paperless hearings aiming to make justice faster, cheaper and
greener, Attorney General Mark Speakman has announced (01 November
2017).
More...
In practice and courts
High Court of Australia
High Court of Australia Bulletin [2017] HCAB 08 (1
November 2017).
More...
Reminder: Sentencing Council: submissions on
victims' involvement in sentencing
The Sentencing Council has released a
consultation paper on victims' involvement in sentencing.
The consultation paper raises questions about the nature and extent
of victims' involvement in sentencing, minimising victims'
distress in proceedings, and who can be considered a victim and
make a victim impact statement.
More...
More...
ICAC: Prosecution briefs with the DPP and outcomes
Tables of prosecution briefs with the DPP and outcomes.
Last updated 9 November 2017.
More...
ICAC November 2017 workshops
Workshops by leading practitioners on conducting
investigations, strategic corruption prevention management or
effective complaint handling. Limited offer -
November 2017 workshops
NCAT Legal Bulletin Issue 9 of 2017
The NCAT Legal Bulletin provides a summary of relevant
and interesting case law of significance to the work of the NSW
Civil and Administrative Tribunal. This issue covers the period of
September 2017 (issued October 2017).
More...
Published – articles, papers, reports
Election funding and disclosure in Australian states and
territories: a quick guide
Damon Muller; Parliamentary Research Paper Series
2017 - 18 November 2017
This Quick Guide summarises the often complex funding and
disclosure laws in each Australian state and territory for the
purpose of comparison.
More...
Consumer survey on online copyright infringement 2017 -
a marketing research report
Kantar Public; Department of Communications and the
Arts (Australia): 07 November 2017
The results of the 2017 online copyright infringement survey
show that Australians are embracing streaming services and are more
willing to pay for online content.
More...
The High Court's decision in Brown v Tasmania
Tom Gotsis; NSW Parliamentary Research Service: 06
November 2017
This e-brief discusses the High Court's decision in
Brown v Tasmania and its implications for protest law in
NSW.
More...
NSW Custody Statistics: Quarterly Update September
2017
BOSCAR: 30 October 2017
The majority of the increase in inmate numbers over the last
12 months has come from sentenced prisoners, the number of whom
rose by 332 (3.9%) over the last 12 months.
More...
Annual Report 2016-17
OAIC Queensland: 8 November 2017
The Queensland Annual Report provides an overview of
performance towards achieving an informed Queensland that values
and respects information rights and responsibilities.
More...
Cases
CYX v City of Ryde Council
[2017] NSWCATAD 324
ADMINISTRATIVE LAW – privacy – disclosure of
personal information – whether individual reasonably likely
to have been aware that information of that kind is usually
disclosed.
DED v Randwick City Council
[2017] NSWCATAD 327
Privacy - personal information held by an agency - review
of conduct of agency admitted to be a contravention of the
information protection principles concerning personal information -
alleged unlawful disclosure of the applicant's personal
information by an officer of the agency - whether alleged loss or
damage suffered because of the alleged contravention by the
agency.
Mewett v The University of Sydney
[2017] NSWCATAD 325
HUMAN RIGHTS – where complaint of age and
disability discrimination in education declined by President of
Anti-Discrimination Board as lacking in substance – where the
Tribunal needs to grant leave before complaint can proceed –
whether fair and just for complaint to proceed – whether it
is apparent that complaint lacks substance.
CEU v University of Technology Sydney
[2017] NSWCATAD 323
HUMAN RIGHTS – where complaint of disability
discrimination in education declined by President of
Anti-Discrimination Board as lacking in substance – where the
Tribunal needs to grant leave before complaint can proceed –
whether fair and just for complaint to proceed – whether it
is apparent that complaint lacks substance - complexity of legal
issues.
El Kassir v Commissioner of Police, NSW Police Force
[2017] NSWCATAD 319
HUMAN RIGHTS – where President of
Anti-Discrimination Board declined a complaint of discrimination
– where applicant required President to refer complaint to
the Tribunal – whether fair and just for leave to be granted
for complaint to go ahead
Mailey v Sutherland Shire Council
[2017] NSWLEC 145
JUDICIAL REVIEW – challenge to emergency order
issued under Local Government Act 1993 requiring
replacement of failing retaining wall – order not beyond
power or uncertain – order not issued for improper
purpose.
Legislation
Regulations and other miscellaneous instruments
Local
Court (Amendment No 8) Rule 2017 (2017-623) —
published LW 10 November 2017.
Supreme
Court (Corporations) Amendment (No 13) Rules 2017
(2017-618) — published LW 10 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.