In the media
ICAC seeks comment on lobbying conduct and regulation in
NSW
The NSW ICAC is seeking public input as part of a new
investigation it is conducting into the regulation of lobbying,
access and influence in NSW (Operation Eclipse), releasing a
discussion paper, Enhancing the democratic role of direct lobbying
in NSW (12 April 2019). More...
Hiring additional police can reduce crime
A new study by the NSW Bureau of Crime Statistics and
Research (BOCSAR) has found that increasing police
numbers can reduce crime, but not necessarily through the
apprehension of more offenders. See the report here (11 April 2019). More...
State wide justice advocacy for people with cognitive
impairment
One of the State’s most experienced advocacy
organisations for people with an intellectual disability will
operate a new $10 million service funded by the NSW Government to
protect the rights of people with cognitive impairment who come
into contact with the criminal justice system (05 April 2019).
More...
In practice and courts
Attorney-General’s Department Appointments
Appointments to the Administrative Appeals
Tribunal
8 April 2019 - Seven new appointments and eight
reappointments to the Administrative Appeals Tribunal
Appointment of Disability Discrimination
Commissioner
5 April 2019 - Mr Ben Gauntlett has been appointed as
Australia's new Disability Discrimination Commissioner at the
Australian Human Rights Commission for a five year
term.
Appointments to the Federal Court of
Australia
5 April 2019 - Mr Stewart Anderson QC and Ms Wendy Abraham
QC have been appointed as judges of the Federal Court of
Australia.
Appointments to the Defence Force Discipline
Appeals Tribunal
5 April 2019 - The Hon Justice Paul Le Gay Brereton AM RFD
and the Hon Justice Peter Martin Barr have been appointed to the
Defence Force Discipline Appeal Tribunal (the Tribunal).
NSW
NSW Justice: Review of model defamation provisions
The Defamation Working Party is seeking feedback on
defamation law in Australia, to assess how the legal principles
apply in the digital age and identify areas for national reform.
Submissions close on 30 April 2019. More...
Amendments to the Uniform Civil Procedure Rules: No
90: rules 49.19 and 49.20
These rules deal with applications to review directions,
certificates, orders, decisions and other acts of a registrar. The
amendment provides that decisions of the registrar of the court
under clause 11 (1) of the Civil Procedure Regulation 2017 are not
reviewable by a court under Division 4 of Part 49 of the Rules.
Furthermore, the contents of rules 49.19 and 49.20 have been
rearranged to make it easier to locate the limitations to the
review power. Attached here is a copy of amendment number 90
(01 April 2019).
ICAC discussion paper: Enhancing the democratic role of
direct lobbying in NSW
The NSW ICAC is seeking public input as part of a new
investigation it is conducting into the regulation of lobbying,
access and influence in NSW (Operation Eclipse). The discussion
paper is appended to an introductory paper, which also explains how
to make a submission. Read the paper here. The closing date for consultation
is 24 May 2019. More...
ICAC: Operation Dasha public inquiry witness list - week
beginning 1 April 2019
Witness list for the Operation Dasha public inquiry into
allegations concerning the former Canterbury City Council, week
beginning 1 April 2019. Please note that this list is subject to
change. More...
NSW LRC: Open justice review - court and tribunal
information: access, disclosure and publication
The Attorney General has asked us to review the operation
of suppression and non-publication orders and access to information
in NSW courts and tribunals. See the Terms of reference. The deadline for
preliminary submissions is 31 May 2019. Information about
making a submission may be found on the website here.
Published - articles, papers, reports
Resolution of disputes with financial service providers
within the justice system
Senate Legal and Constitutional Affairs Committee;
Parliament of Australia: 08 April 2019
This inquiry explored the ability of consumers and small businesses
to exercise their legal rights through the justice system, and
whether there are fair, affordable and appropriate resolution
processes to resolve disputes with financial service providers.
More...
State of the data and digital nation
Australian Digital Council; Department of the Prime
Minister and Cabinet (Australia): 05 April 2019
This report provides an overview of the main data and digital
transformation initiatives being implemented in Australia by the
Commonwealth, state and territory governments. It features case
studies of successful projects in areas including health, human
services, community engagement, ID services, biodiversity and more.
More...
Second interim report: Freedom of religion and belief,
the Australian experience
Joint Standing Committee on Foreign Affairs, Defence and
Trade; Parliament of Australia: 03 April 2019
This report examines some of the perceived problems associated with
the reconciling of the exercise of freedom of religion with other
human rights. It considers solutions and legislative reforms.
More...
Public sector digital transformation: a quick
guide
Parliamentary Library Research Publications: 02 April
2019
In broadly chronological order, this Quick Guide provides brief
background information on a variety of recent and current
initiatives in the Australian federal public sector associated with
‘digital transformation’, as well as links to relevant
sources of information. More...
Cases
Clubb v Edwards; Preston v
Avery [2019] HCA 11
So much of the appellant's appeal from the judgment of
Magistrate Bazzani made on 11 October 2017 as has been removed into
this Court is dismissed. Constitutional law (Cth) – Implied
freedom of communication about governmental or political matters
– Where s 185D of Public Health and Wellbeing Act
2008 (Vic) and s 9(2) of Reproductive Health (Access to
Terminations) Act 2013 (Tas) prohibit certain communications
and activities in relation to abortions within access zone of 150 m
radius around premises at which abortions are provided –
Where appellants engaged in communications and activities in
relation to abortions within access zone – Whether
communications and activities in relation to abortions are
communications about governmental and political matters –
Whether provisions effectively burden implied freedom –
Whether provisions imposed for legitimate purpose – Whether
provisions reasonably appropriate and adapted to that purpose
– Whether provisions suitable, necessary and adequate in
balance.
Constitutional law (Cth) – Implied freedom of communication
about governmental or political matters – Severance, reading
down and disapplication – Where appellant charged and
convicted of offence against s 185D of Public Health and
Wellbeing Act 2008 (Vic) – Where it was not contended
that appellant's conduct involved political communication
– Where substantial overlap with issues raised in proceedings
in relation to interstate Act – Whether s 185D able to be
severed, read down or partially disapplied so as to have valid
operation in respect of appellant – Whether appropriate to
proceed to determine constitutional validity of s 185D.
State of New South Wales v
Holschier (No 4) [2019] NSWSC
393
MEDIA AND COMMUNICATIONS – Open justice –
access to court files – application for access –
restricting access does not prevent accurate reporting in an open
court
Bellamy v Transport for
NSW [2019] NSWCATAD 54
Administrative Law – –access to government
information - cabinet material –whether reasonable grounds
for withholding information established - commercially confidential
information – reasonableness of searches.
DNM v NSW
Ombudsman [2019] NSWCATAP 77
APPEAL – whether application under Government
Information (Public Access) Act 2009 is invalid because it is a
request for “excluded information” - statutory
interpretation – meaning of “excluded
information” in Government Information (Public Access) Act
2009, Sch 2, cl 2
Legislation
Regulations and other miscellaneous instruments
Administrative Arrangements (Administration
of Acts—General) Order 2019 (2019-157) — published
LW 2 April 2019
Administrative Arrangements (Administrative
Changes—Ministers) Order 2019 (2019-158) —
published LW 2 April 2019
Administrative Arrangements (Administrative
Changes—Public Service Agencies) Order 2019 (2019-159)
— published LW 2 April 2019
Parliamentary Remuneration Amendment (Leader
of the Opposition) Regulation 2019 (2019-160) — published
LW 2 April 2019
Supreme Court (Corporations) Amendment (No
14) Rules 2019 (2019-161) — published LW 5 April
2019
Uniform Civil Procedure (Amendment No 89)
Rule 2019 (2019-162) — published LW 5 April 2019
The object of this Rule is to amend the Uniform Civil Procedure
Rules 2005 to provide for notifying occupiers when interstate
judgments for possession of land are registered in NSWs
Uniform Civil Procedure (Amendment No 90)
Rule 2019 (2019-163) — published LW 5 April 2019
The object of this Rule is to amend the Uniform Civil Procedure
Rules 2005 to provide that decisions of the registrar of the court
under clause 11 (1) of the Civil Procedure Regulation 2017 are not
reviewable by a court under Division 4 of Part 49 of the Rules, and
to make other consequential changes
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.