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NSW Government Bulletin

15 May 2019

#Government

NSW Government Bulletin

This week is Privacy Awareness Week (PAW), an annual initiative of the Commonwealth Office of the Australian Information Commissioner. Each state is also recognising Privacy Awareness Week with its own theme and the theme for New South Wales Privacy Commissioner is “Privacy in NSW-the next 20 years: Protection, Consent & Digital Government."

May is also Information Awareness Month, an annual collaborative event between various bodies within the records, archives, library, knowledge, information and data management communities, including the New South Wales IPC. This year the theme is “Innovation with Information”.

Both the Privacy Awareness Week theme and the Information Awareness Month theme are consistent with the New South Wales approach to the use of open data and improved customer service, and the various initiatives supporting that approach.

Author: Lyn Nicholson 

In the media

Open justice review
The NSW Law Reform Commission is inviting preliminary submissions to the review of laws that regulate access, disclosure and publication of information in NSW courts and tribunals (07 May 2019).  More...

Community Corrections Order for Sydney member of terror group
On 7 May 2019, the NSW Supreme Court sentenced 40 year-old Renas Lelikan to a three-year Community Corrections Order for being a member of the Kurdistan Workers Party (PKK), which has been a proscribed terrorist organisation in Australia since 17 December 2005 (07 May 2019).  More...

All drink drivers to lose their licence on the spot
Motorists caught drink-driving in NSW, including low-range offenders, will now lose their licence immediately (06 May 2019).  More...

Funding for community legal centres to help more people in NSW
Dozens of community legal centres (CLCs) across the state will receive an increase in funding to help people who need free legal services, including victims of domestic and family violence (04 May 2019).  More...

More free legal help for domestic violence victims in NSW
Victims of domestic and family violence will be among the 55,000 vulnerable people each year who will benefit from more than $40 million in funding for the state's community legal sector, Attorney General and Minister for the Prevention of Domestic Violence Mark Speakman has announced (03 May 2019).  More...

In practice and courts

NSW Law Reform Commission Open justice review: Call for submissions
The review will consider the operation of suppression and non-publication orders to determine if the current laws strike the right balance between the proper administration of justice; the rights of victims and witnesses; the right to a fair trial; privacy and confidentiality; public safety and public interest, and commercial interests and national security. The deadline for preliminary submissions is 31 May 2019 (07 May 2019).  More... 

Practice Note SC CL 11 (Supreme Court Common Law Division – Bail)
Commences on Monday, 3 June. The following applies to bail applications filed prior to 3 June:-
Applications filed by private practitioners and legal aid/ALS (where representation is confirmed)
 Bail applications filed between now and 31 May will be listed in a call over on or before 3 June. No adjournments will be granted to a call over after 3 June.  More...

This May the Information & Privacy Commission supports Information Awareness Month 2019
Information Awareness Month is an annual collaborative event with the aim is to increase public awareness of information and its place in all aspects of our day-to-day lives (02 May 2019).  More... 

ICAC: Corruption Matters newsletter - latest edition
Read the latest stories including our lobbying consultation, our report on the state of NSW corruption, why town planning is a recurring issue and how to address it (03 May 2019).  More...

ICAC Operation Skyline public inquiry to resume from Monday 6 May 2019
The NSW Independent Commission Against Corruption’s (ICAC) Operation Skyline public inquiry into allegations concerning the Awabakal Local Aboriginal Land Council resumed from 6 May 2019.  More...

ICAC brings corruption prevention program to New England region
The NSW Independent Commission Against Corruption (ICAC) will visit the New England region next week as part of its rural and regional outreach program to bring anti-corruption initiatives and training (01 May 2019).  More...

ICAC to hold public inquiry into allegations concerning RMS employees’ awarding of contracts
The NSW Independent Commission Against Corruption (ICAC) will hold a public inquiry starting on Monday 20 May 2019 as part of an investigation it is conducting into allegations concerning two Roads and Maritime Services (RMS) employees and how they exercised their official functions when awarding contracts (30 April 2019).  More...

ICAC: Managing conflicts of interest in the NSW public sector
This publication provides guidance in identifying and managing conflicts of interest (30 April 2019).  More...

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, The regulation of lobbying access and influence in NSW: a chance to have your say, which also explains how to make a submission. The closing date for consultation is 24 May 2019.  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 our website.  More... 

Published – articles, papers, reports

Australian government contract management guide
Department of Finance (Australia); Government of Australia: 07 May 2019.
This guide replaces the Australian National Audit Office’s Developing and Managing Contracts Better Practice Guide. It has been refocused to provide practical process guidance at a practitioner level for Commonwealth officials who manage contracts.  More...

Making content accessible: a guide to navigating Australian copyright law for disability access
Jessica Coates, Libby Baulch, Fiona Phillips; Australian Inclusive Publishing Initiative: 03 May 2019.
Making content accessible: a guide to navigating Australian copyright law for disability access is a guide which provides a simple summary of the copyright law governing access to material for people with a disability in Australia.  More...

Cases

Lazarus v Independent Commission Against Corruption [2019] NSWCA 100
JUDICIAL REVIEW - supervisory jurisdiction - orders of District Court on appeal from Local Court - appeal against conviction - where appellant failed to appear and appeal summarily dismissed - whether jurisdictional error.
JUDICIAL REVIEW - supervisory jurisdiction - orders of District Court on appeal from Local Court - appeal against sentence - where judge correctly understood extent of available evidence - where evidence from trial voluminous - where parties directed to put material relied on before the Court - where parties had sufficient opportunity to do so - whether jurisdictional error.
CIVIL PROCEDURE - recusal application - apprehended bias - where judge expressed preliminary view as to prospects of success of judicial review proceeding in interlocutory application to vacate hearing date - no basis for reasonable apprehension of bias - no question of principle.
STATUTORY INTERPRETATION - statute assumes existence of power - necessary implication - power impliedly conferred.

Heli-Aust Pty Limited v Civil Aviation Safety Authority [2019] NSWSC 506
PRACTICE AND PROCEDURE - Discovery - Statutory prohibition on disclosure - Whether the documents contain “privileged information” -hether the documents disclose the contents of a draft report - Whether the documents contain “restricted information” - Whether the documents contain “protected confidences” - Transport Safety Investigation Act 2003 (Cth) - Evidence Act 1995 (NSW).

Service Today (NSW) Pty Ltd & Magerovski v Commissioner for Fair Trading [2019] NSWCATAP 113
ADMISTRATIVE LAW - review of decision to cancel licenses under the Home Building Act, 1989 - denial of procedural fairness - review of answers given to show cause notice - use of subsequent evidence to demonstrate answers false or misleading - penalty - reference to cases - parity principle.

DQI v NSW Trustee & Guardian [2019] NSWCATAD 75
ADMINISTRATIVE LAW - Protective Jurisdiction - Welfare and Interest - Paramount consideration - Gifting from estate of protected person. 

Nguyen v Roads and Maritime Services [2019] NSWCATAD 80
ADMINISTRATIVE LAW - refusal of public passenger vehicle driver authority - history of speeding infringements – whether applicant is fit and proper person and has sufficient responsibility and aptitude.

Clark v NSW Trustee and Guardian [2019] NSWCATAD 73
ADMINISTRATIVE LAW - Government Information (Public Access) Act - GIPA - meaning of excluded information - whether nature of information and term ‘related to’ can be ascertained from description of a process - whether determination as to whether to apply for administration constitutes exercising functions as executor, administrator or trustee capacity.

Guthrie v Lane Cove Council [2019] NSWCATAD 74
ADMINISTRATIVE LAW- freedom of information, government information public access - information supplied in response to application-scope of application-jurisdiction.

Ekermawi v Commissioner of Police, NSW Police Force [2019] NSWCATAD 79
HUMAN RIGHTS - racial vilification - meaning of “public act” - “capacity to incite serous hatred, ridicule or contempt” - relevance of intention - defence or exception of “reasonably and in good faith”.

Von Furstenrecht v Independent Liquor and Gaming Authority [2019] NSWCATAD 78
ADMINISTRATIVE REVIEW - Long term banning orders - Where applicant is a former licensee and a hotel owner - Where applicant assaulted man not far from the hotel he owns - Whether preconditions for making banning orders met - Whether the victim of the assault was affected by alcohol - Whether applicant was performing services on the hotel premises at the time of the offence - Discretionary considerations.

State of NSW v Mathers (No 2) [2019] NSWSC 473
HIGH RISK TERRORISM OFFENDER - application for extended supervision order (ESO) - Sovereign Citizen Movement - discussion of statutory preconditions for making an ESO - combination of factors - consideration of discretion not to impose ESO - discussion of disputed conditions - ESO imposed.

Byrne v Baker [2019] NSWSC 503
ADMINISTRATIVE LAW - judicial review - costs in summary criminal proceedings - application by successful defendants for costs against police after all charges dismissed in summary criminal proceedings - whether Magistrate committed jurisdictional error in refusing costs - summons dismissed.

Legislation

Regulations and other miscellaneous instruments
Lobbying of Government Officials (Lobbyists Code of Conduct) Amendment Regulation 2019 (2019-188) - published LW 10 May 2019.
Administrative Arrangements (Administration of Acts—General) Order (No 2) 2019 (2019-178) - published LW 01 May 2019.
Administrative Arrangements (Administrative Changes—Ministers) Order (No 2) 2019 (2019-179) - published LW 01 May 2019.
Administrative Arrangements (Administrative Changes—Public Service Agencies) Amendment Order 2019 (2019-180) - published LW 01 May 2019.

NSW Government Bulletin editor:
Christine Jones, Partner - Construction & Infrastructure (Dispute Resolution) 
T: +61 2 8083 0477 
E: Christine.Jones@holdingredlich.com

Other contacts:
Dispute Resolution, Inquiries and Administrative Law
Greg Wrobel, Partner 
T: +61 2 8083 0411 
E: Greg.Wrobel@holdingredlich.com

Bede Haines, Partner 
T: +61 2 8083 0447 
E: Bede.Haines@holdingredlich.com

Workplace Relations & Safety
Michael Selinger, Partner 
T: +61 2 8083 0430 
E: Michael.Selinger@holdingredlich.com

Privacy & Data Protection
Lyn Nicholson, General Counsel 
T: +61 2 8083 0463 
E: Lyn.Nicholson@holdingredlich.com

Planning, Property & Environment
Robina Kidd, Partner 
T: +61 2 8083 0454 
E: Robina.Kidd@holdingredlich.com

Vanya Lozzi, Partner 
T: +61 2 8083 0462 
E: Vanya.Lozzi@holdingredlich.com

Cameron Sheather, Partner 
T: +61 2 8083 0461 
E: Cameron.Sheather@holdingredlich.com

Breellen Warry, Partner 
T: +61 2 8083 0420 
E: Breellen.Warry@holdingredlich.com

Lindsay McGregor, Partner
T: +61 2 8083 0459 
E: Lindsay.McGregor@holdingredlich.com

Alexander McNutt, Special Counsel 
T: +61 2 8083 0495 
E: Alexander.McNutt@holdingredlich.com

Peter Holt, Special Counsel 
T: +61 2 8083 0421 
E: Peter.Holt@holdingredlich.com

Construction and Infrastructure (Projects and Procurement)
Scott Alden, Partner 
T: +61 2 8083 0419 
E: Scott.Alden@holdingredlich.com

Disclaimer
The information in this publication is of a general nature and is not intended to address the circumstances of any particular individual or entity. Although we endeavour to provide accurate and timely information, we do not guarantee that the information in this publication is accurate at the date it is received or that it will continue to be accurate in the future. We are not responsible for the information of any source to which a link is provided or reference is made and exclude all liability in connection with use of these sources.

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