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NSW Government Bulletin

22 January 2020

#Government

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NSW Government Bulletin

Summer edition: Open government and digitising the customer experience

In this special edition, we put a spotlight on the government’s ongoing digital transformation and take a close look at some of the key trends and issues as a result of this digitisation.

Our experts provide an overview on the overarching theme and analyse the key issues in:

  • Construction & Infrastructure: Prefabrication and 3D printing – the future of the industry
  • Corporate & Commercial: Facial recognition technology – Australia’s regulatory framework
  • Data & Privacy:
    • NSW: Balancing data sharing and privacy
    • Queensland: The DIGITAL1ST strategy
  • Planning, Environment & Sustainability: ePlanning reform
  • Property & Real Estate: The rise of electronic transactions
  • Workplace Relations & Safety: Technology in the workplace

Click here to read the full editorial.

In the media

ICAC asks ministers to disclose details on how they deal with lobbyists
Letters have been sent by the ICAC over the holiday period as part of its Operation Eclipse investigation into the regulation of lobbying, access and influence (16 January 2020).  More...

Lockout laws repealed - Growing Sydney's night time economy
Sydney’s “lockout laws” were repealed in the Sydney CBD Entertainment Precinct today bringing in extended trading hours for venues and bottle shops and a relaxation of after-midnight drink rules, with existing arrangements maintained in the Kings Cross precinct (14 January 2020).  More...

PM argues for 'comprehensive' inquiry into bushfire crisis
Climate change, hazard reduction burns and the national response to the fires will all be considered under a wide-ranging inquiry, Prime Minister Scott Morrison says (09 January 2020).  More...

Governments face a reckoning in the courts over climate change failure
It is only a matter of time before the courts are forced to step in and hold government accountable as they have done with Big Tobacco and Big Pharma (09 January 2020).  More...

Lawyers to warn clients of risks of crowdfunding
Lawyers have been warned to be aware of the risks of crowdfunding and the professional and ethical issues they need to consider when navigating this complex issue with clients. To assist the legal profession deal with the emerging use of crowdfunding in litigation the Law Council of Australia has today released guidance for legal practitioners (20 December 2019).  More...

In practice and courts

Religious Freedom Bills—Second Exposure Drafts
The Attorney-General’s Department is inviting public feedback in relation to the second exposure draft of a package of legislation on religious freedom.  More...

Federal Court of Australia—Amended Practice Notes
The Chief Justice of the Federal Court has advised the amended Practice Notes are now finalised and available here. The amended practice notes will be available from Friday 20 December 2019 on the Federal Court’s website and will take effect from that date. The list includes the following Federal Court Practice Notes
Lists of Authorities and Citations Practice Note
Federal Court of Australia, GPN-AUTH of 2019

Central Practice Note: National Court Framework and Case Management
Federal Court of Australia, CPN-1 of 2019

Administrative and Constitutional Law and Human Rights Practice Note
Federal Court of Australia, ACLHR-1 of 2019

Class Actions Practice Note
Federal Court of Australia, GPN-CA of 2019

Federal Court Revised Class Actions Practice Notice
A revised Class Actions Practice Note was issued on 20 December 2019, following the decision in BMW Australia Ltd v Brewster; Webster Banking Corporation v Lenthall [2019] HCA 45.  More...

ALRC Discussion Paper: corporate criminal responsibility
The Discussion Paper makes 23 proposals for reform and asks 11 questions on particular areas of reform. A number of aspects of corporate criminal liability are discussed, including: the division between criminal offences and civil penalty provisions; the method for attributing liability to corporations; individual liability for corporate offences; sentencing; and, specific issues such as illegal phoenix activity. The ALRC is seeking submissions on the Discussion Paper until 31 January 2020.  More...

High Court of Australia Digital Lodgment System Portal
In January 2020 the High Court of Australia will introduce a Digital Lodgment System Portal (DLS Portal) to permit parties to start cases, file documents, pay fees, receive notifications from the Court and track the progress of a case without attending the Registry.

Development of a Protocol on Standards of Judicial Behaviour and Conduct in the Courtroom
The Law Council of Australia has invited feedback on a proposed Protocol on Standards of Judicial Behaviour and Conduct in the Courtroom. Input is requested by 31 January 2020 for feedback on a proposed Protocol on Standards of Judicial Behaviour and Conduct in the Courtroom with application to the broader legal profession.  More...

Crowdfunding Guidance for the Australian Legal Profession
Please see the Law Council of Australia memorandum in relation to Crowdfunding Guidance for the Australian Legal Profession.

AHRC: Human Rights and Technology Discussion Paper - Rights Rights and Freedoms
The Commission has launched the Human Rights and Technology Discussion Paper, which makes wide-ranging proposals for safeguarding human rights and encouraging accessible, equal and accountable use of new technology in Australia.The deadline for submissions is 10 March 2020.  More...

ACC: Government response to the Digital Platforms Inquiry
The government released its response to the Australian Competition and Consumer Commission (ACCC) Digital Platforms Inquiry final report on 12 December 2019.  The government has committed to reviewing copyright enforcement reforms made in 2018 at the end of 2020 and considers this will be an opportune time to better evaluate the opportunities for facilitating online copyright enforcement.  More...

LSC reminder: Amendment of the Uniform General Rules supporting Chapter 4 of the Uniform Law
As well as clarifying the usual duration of a practising certificate, the Rule amends the Uniform General Rules (UGRs) that support various provisions in Chapter 4 of the Uniform Law, specifically UGRs 17, 38, 54, 63, 64 and 93; and creates new UGRs 91E and 95A.  It commenced on 13 December 2019.  More...

AAT Bulletin
The AAT Bulletin is a weekly publication containing a list of recent AAT decisions and information relating to appeals against AAT decisions, including immigration and citizenship. Issue No. 01/2020, 13 January 2020.  More...

IPC NSW: Information Commissioner updates Guideline 3
 The NSW Information Commissioner has updated Guideline 3: For Local government - personal information in development applications following consultations with the NSW Privacy Commissioner and peak bodies for the local government sector. Download the updated Guideline 3 here (15 January 2020).  More...

IPC Bulletin
The IPC Bulletin updates on the IPC’s recent activities, resources and guidance, links to new case notes, information about upcoming events, and other relevant issues and developments in information access and privacy.  For our latest IPC Bulletin, please click here. (December 2019).

ICAC: Conflict of interest
The ICAC has released new conflict of interest FAQs for managers and public officials as well as a new sample policy (07 January 2020).  More...

Call for Submissions on the Legal Profession Uniform Admission Rules 2015 (NSW) Removal of the word 'fame'
The Legal Services Council's (LSC's) Admissions Committee invites comment about its recommendation that the text of the Legal Profession Uniform Admission Rules 2015 (Admission Rules) be amended to reflect the language of the Legal Profession Uniform Law 2014 (Uniform Law). Specifically, the Admissions Committee supports the removal of the word 'fame'. Submissions close on 28 February 2020.  More...

 NSW Department of Justice: Current Consultations

The Department of Communities and Justice is seeking feedback on the Graffiti Control Act 2008 to determine whether the policy objectives of the Act remain valid and if its terms remain appropriate for securing those objectives. Submissions close on 10 February 2020.  More... 

ICAC: Prosecution briefs with the DPP and outcomes
The tables on this page each provide information on prosecution briefs that are currently with the Director of Public Prosecutions (DPP), and the outcomes of DPP advice and prosecutions.  More...

Published – articles, papers, reports

Ending the targeted digital surveillance of those who defend our rights
Amnesty International - Governments around the world are increasingly contracting the services of the private digital surveillance industry to develop technology for targeted digital surveillance. These tools are then misused to unlawfully target and put human rights activists under surveillance. This report outlines the impact on human rights defenders (20 January 2020). More...

So when is the next election: Australian elections timetable as at January 2020
APH Library (13 January 2020).  More...

Behavioural assumptions and PBO costings
Parliamentary Budget Office (Australia) - This information paper explains the Parliamentary Budget Office's (PBO's) approach to determining the behavioural assumptions applied when estimating the cost of policy proposals (15 January 2020).  More...

Award of Funding under the Community Sport Infrastructure Program
ANAO - The objective of the audit was to assess whether the award of funding under the Community Sport Infrastructure Grant Program was informed by an appropriate assessment process and sound advice (15 January 2020).  More...

Future Submarine Program — Transition to Design
ANAO - The audit objective was to examine the effectiveness of the Department of Defence's administration of the Future Submarine Program to date (14 January 2020).  More...

Cases

Samimi v Commissioner for Fair Trading, Department of Customer Service [2020] NSWCATAP 7
APPEAL - Civil and Administrative Tribunal (NSW) – Home Building – Review of decision to refuse application for contractor licence – Whether Tribunal denied appellant procedural fairness – Whether Tribunal biased – Whether Tribunal had regard to an irrelevant consideration – Whether the Tribunal’s decision was legally unreasonable

Department of Communities and Justice v Zonneyvillle [2020] NSWCATAP 8
PRACTICE AND PROCEDURE - bias - whether appeal hearing should be dispensed with and appeal determined 'on the papers' without an oral hearing   PRACTICE AND PROCEDURE – allegation of bias – application for recusal of member conducting call-over

Blacktown City Council v Concato (No 4) [2020] NSWSC 9
ADMINISTRATIVE LAW — jurisdictional error — judicial review of Valuer-General’s compensation determination — where comparable sales method employed — whether alleged error in applying comparable sales method amounts to jurisdictional error   VALUATION — compulsory acquisition — compensation — disturbance — whether error in allowing claim for stamp duty and relocation costs where land valued based on development potential — whether jurisdictional error
VALUATION — compulsory acquisition — powers of Valuer-General under the Land Acquisition (Just Terms) Compensation Act 1991 (NSW) — power to redetermine compensation determination once made 

Dewan v Commissioner of Police, NSW Police Force [2020] NSWCATOD 6
ADMINISTRATIVE REVIEW – application for administrative review of decision to revoke a security industry licence issued under the Security Industry Act 1997 – revocation mandatory under s 26A of under the Security Industry Act 1997 – application in proceedings made for summary dismissal under s 55(1)(b) of the Civil and Administrative Tribunal Act 2013 – administrative review application dismissed as lacking in substance and misconceived

Forbidden Foods Pty Ltd v Rice Marketing Board of New South Wales [2020] NSWCATAD 18
GOVERNMENT INFORMATION – access application – public interests in favour of disclosure – public interests against disclosure – whether overriding public interest against disclosure

James v Department of Justice (Corrective Services NSW) [2020] NSWCATAD 17
HUMAN RIGHTS – interim order – prima facie case – balance of convenience – complaints of victimisation and discrimination on ground of disability

Johnson v NSW Environment Protection Authority [2020] NSWIRComm 1000
PUBLIC SECTOR DISCIPLINARY APPEAL – Senior Technical Policy Advisor – termination of employment – unsatisfactory performance – Informal Performance Improvement Plan – Formal Performance Improvement Plan – appellant contracted Legionnaires’ disease – work performance affected by major depression – reinstatement ordered – no order for back pay

DWC v Secretary, Department of Communities and Justice [2020] NSWCATAD 10
ADMINISTRATIVE LAW – privacy – personal information – alleged disclosure of personal information about the applicant – absence of evidence of breach

DTN v Commissioner of Police, NSW Police Force [2020] NSWCATAD 16
ADMINISTRATIVE REVIEW – health information – review of conduct of agency admitted to be a contravention of Health Privacy Principle

Wojciechowska v Commissioner of Police, NSW Police Force [2020] NSWCATAD 1
FREEDOM OF INFORMATION – government information – whether information held by agency – whether reasonable searches conducted.

Leclere v Commissioner for Fair Trading [2020] NSWCATAD 15
ADMINISTRATIVE REVIEW – decision to grant contractor licence under Home Building Act 1989 (NSW) – whether applicant is fit and proper person

Al-Shinawa v NSW Fair Trading, Department of Customer Service [2020] NSWCATOD 1
ADMINISTRATIVE REVIEW – Home Building – Application for contractor licence – general building work - where applicant does not meet requirements of an instrument - where the instrument is policy rather than delegated legislation – whether the applicant has experience in a wide range of building construction work - applicant cannot verify their own experience.

Leydon v Commissioner of Police [2019] NSWCATAD 267
ADMINISTRATIVE LAW – Government Information (Public Access) Act – GIPA – sufficiency of evidence to establish factors against disclosure – weight to apply significantly to factors against disclosure – personal factors of application – weight to apply to those factors – currency of investigation

Boomerang & Blueys Residents Group Inc v New South Wales Minister for the Environment, Heritage and Local Government and MidCoast Council (No 2) [2019] NSWLEC 202
JUDICIAL REVIEW – application seeking declaratory relief in relation to decisions made by the Minister and Council to prepare, certify and adopt the Great Lakes Coastal Zone Management Plan – whether the applicant has standing – whether the impugned decisions were unreasonable – whether there was non-compliance with the Coastal Protection Act 1979 (NSW) and Guidelines for Preparing Coastal Zone Management Plans – whether there was a deficiency of information for the Great Lakes Coastal Zone Management Plan – whether there was a rational basis for the risk assessment in the Great Lakes Coastal Zone Management Plan – application dismissed

Reysson Pty Ltd v Minister Administering the Environment Planning and Assessment Act 1979 [2019] NSWLEC 203
JUDICIAL REVIEW – identification of “coastal wetlands and littoral rainforests area” in s 6 of the Coastal Management Act 2016 being land identified by State Environmental Planning Policy (Coastal Management) 2018 (CM SEPP)) of “being land which displays the hydrological and floristic characteristics of coastal wetlands or littoral rainforests” not a jurisdictional fact   JUDICIAL REVIEW – identification of 100-metre proximity area around coastal wetlands not a disproportionate regulatory approach   JUDICIAL REVIEW – CM SEPP not invalid because Governor did not approve “Coastal Wetlands and Littoral Rainforests Area Map” at time of making CM SEPP

Legislation

Commonwealth

Acts

Interactive Gambling Amendment (National Self-exclusion Register) Act 2019
19/12/2019 - Act No. 127 of 2019
The Register will allow individuals to exclude themselves from being provided interactive wagering services by all licensed interactive wagering service providers in Australia, and limit the amount of direct marketing to the individual.

Communications Legislation Amendment (Deregulation and Other Measures) Act 2019
18/12/2019 - Act No. 120 of 2019
Amends the: Broadcasting Services Act 1992 to: remove duplicative requirements for licensees, publishers and controllers to notify the Australian Communications and Media Authority (ACMA) of certain changes in control of regulated media assets; remove requirements for certain television broadcasters to apply different classification standards for films when developing industry codes of practice; remove certain classification-related licence conditions on commercial television and community television broadcasting licensees and providers of open narrowcasting services; and amend two statutory publication requirements
Competition and Consumer Act 2010 and Telecommunications Act 1997 to amend the statutory information collection powers of the ACMA and the ACCC

Counter-Terrorism Legislation Amendment (2019 Measures No. 1) Act 2019
18/12/2019 - Act No. 119 of 2019

High Court Amendment (Electronic Filing and Other Matters) Rules 2019
20/12/2019  - These Rules amend the High Court Rules 2004 to provide for electronic lodgment of documents, including amending the court forms, for all cases commenced after 1 January 2020. They also amend the second schedule governing the schedule of fees for work done or services performed.
NSW

Proclamations commencing Acts
Crimes Legislation Amendment Act 2018 No 83 (2020-7) — published LW 17 January 2020

Regulations and other miscellaneous instruments
Administrative Arrangements (Administration of Acts—Amendment No 1) Order 2020 (2020-15) — published LW 17 January 2020
Administrative Arrangements (Administrative Changes—Public Service Agencies) Amendment Order 2020 (2020-16) — published LW 17 January 2020
Administrative Arrangements (Administration of Acts—Amendment No 3) Order 2019 (2019-637) — published LW 20 December 2019
Criminal Procedure Amendment (Miscellaneous) Regulation 2019 (2019-639) — published LW 20 December 2019
Liquor Amendment (Special Events Extended Trading) Regulation (No 3) 2019 (2019-640) — published LW 20 December 2019
Local Government (General) Amendment (Elections) Regulation 2019 (2019-641) — published LW 20 December 2019

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

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 newsletter is accurate at the date it is received or that it will continue to be accurate in the future.

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