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NSW Government Bulletin

26 November 2019

#Government

Lyn Nicholson

Published by Lyn Nicholson, Divya Chaddha

NSW Government Bulletin

Mobile phone detection cameras – balancing public good and individual rights to privacy

The NSW Government has invested $88 million on fixed and portable cameras that detect motorists using mobile phones, to be placed at approximately 45 locations across the state by this December. Unlike speed cameras, there will be no warning signs to alert motorists of their locations as they move around the state. 

This initiative is designed to protect the safety of citizens as the Government anticipates the cameras will prevent 100 fatal and serious injury crashes over five years.

However the use of the cameras to covertly collect and retain personal information of drivers has sparked major privacy concerns.

The NSW Privacy Commissioner has not yet raised a concern over the NSW Government’s ‘element of surprise’ approach with the cameras, but has voiced to Transport for NSW (the responsible agency) that it must ensure that citizens are appropriately notified about the introduction of the cameras and the collection of their personal information, to assure compliance with law.

NSW Government agencies are required to comply with 12 Information Protection Principles (IPPs) set out in the NSW Privacy and Personal Information Protection Act 1998 (PPIP Act) when they collect, store, use or disclose personal information.

The Privacy Commissioner has indicated support of the use of these cameras however has raised a number of concerns, particularly ensuring the roll out of the cameras is conducted in accordance with NSW privacy legislation, including the PPIP Act. To minimise privacy harm, the Privacy Commissioner has proposed that the NSW Government take steps such as minimise the retention of images, crop or pixilate the images when viewed for verification purposes and use strong encryption and other security measures when storing data.

The mobile phone detection cameras go live this weekend. 

Legal uses of a mobile phone include using it in a cradle with Bluetooth, handling a phone while passing it to a passenger, as well as using it in a drive-through service situation.

Author: Lyn Nicholson, Divya Chaddha 

In the media

Replacement identity documents for people affected by bushfires
People who lose important identity documents in the bushfires can have them replaced for free to help them recover as quickly as possible, NSW Attorney General Mark Speakman and Minister for Customer Service Victor Dominello announced (22 November 2019).  More...

Robodebt under review
The government will no longer rely entirely on automated processes to chase welfare debt after a backdown on the controversial robodebt system. Critics say it resulted in errors, incorrect debts and unnecessary hardship for welfare recipients (19 November 2019).  More...

Govt targets foreign interference on campus
Universities will have to inform the government of any identified risk of foreign interference under new guidelines developed across both sectors. Interference risks identified in the guidelines include cyber attacks; attempts to direct research; intellectual property theft and moves to steal away researchers and academic staff (18 November 2019).  More...

Make your mark on graffiti laws
A review of NSW’s graffiti laws is giving people across the State the opportunity to make their on mark in shaping these laws for the future (18 November 2019).  More...

In practice and courts

ACICA launch Australian Arbitration Survey
ACICA has launched the Australian Arbitration Survey to gather empirical evidence from practitioners as what works in arbitration and what can be improved on. To take the survey it is necessary to first obtain a respondent number from ACICA.  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. 46/2019, 18 November 2019.  More...

Law Council of Australia: Submissions
13 November 2019— Law Council.  More...

What does open government mean to you: Open Government Partnership (OGP)
OGP is about governments and civil society groups committing to work together to make sure governments are transparent, responsive and accountable to the public Your input will help gain a better understanding of community attitudes to open government and inform the next OGP National Action Plan. More information is available on the Open Government Partnership Australia website (12 November 2019).  More...

JUDCOM: Civil Trials Bench Book — Update 40
20 November 2019 - Update 40 to the Civil Trials Bench Book contains amendments to:
[1-0240] Broadcast of judgments and [1-0400] The principle of open justice.  More...

JUDCOM: The Bar Book Project​ is launched
The Public Defenders NSW launched the Bar Book Project on 8 November 2019. The Bar Book is hosted on the Public Defenders’ website. The Bar Book Project has developed chapters of research relating to experiences of disadvantage and deprivation. The purpose of this resource, for legal practitioners, is to assist in the preparation and presentation of evidence to establish the application of the Bugmy v The Queen (2013) 249 CLR 571 principles (19 November 2019).  More...

NSW IPC: Statement relating to Mobile Phone Detection Cameras
The NSW Privacy and Personal Information Protection Act 1998 (PPIP Act) provides the overarching legislative framework for NSW government agencies holding personal information.  More...

 DCJ NSW: Free diary gives seniors 2020 knowledge
NSW seniors are encouraged to pick up a copy of the free 2020 Legal Topics for Older Persons Diary to help them understand their legal rights and navigate the justice system (19 November 2019).  More...

NSW Justice: Review of the Graffiti Control Act 2008
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 15 December 2019.  More...
Decisions of interest: Practice support
The NSW Court of Appeal has published its latest Decisions of Interest Bulletin on the Court of Appeal website(November 2019).  More... 

Published – articles, papers, reports

Maintaining Trust in the Parliamentary Process — PACs and Officers of the Parliament
ANAO: 22 November 2019
The Auditor-General, Grant Hehir, delivered a presentation to the 15th Biennial Australasian Council of Public Accounts Committees (ACPAC) Conference held at Parliament House, Canberra, on 7 November 2019. The presentation was titled Maintaining Trust in the Parliamentary Process — PACs and Officers of the Parliament.  More...

Implementation of recommendations
ANAO: 14 November 2019
This edition of audit insights considers the approaches entities are taking to implement recommendations to improve public administration practices and outcomes.  More...

19th Copyright Law and Practice Symposium 2019
Creativity. Innovation. Modernisation: 15 November 2019
The 2019 Symposium was a resounding success, with over 200 people attending over 2 days.  More...

Deportation and sentencing: an emerging area of jurisprudence
Paul McGorrery; Sentencing Advisory Council (Vic): 19 November 2019
This report examines how sentencing courts deal with an offender’s potential deportation from Australia. It summarises the ways that potential deportation can affect an offender’s sentence.  More...

NSW trends in the age-specific rates of offending, 1995 – 2018
BOSCAR: 20 November 2019
Crime falls due to reduction in youth offending.  More...

Skewed priorities – comparing the growth of prison spending with police spending
Andrew Bushnell; Institute of Public Affairs: 19 November 2019
This report was originally released in June 2019. The author has released this updated version to correct some errors in the underlying data.  More...

Evidence based policy research project: 20 case studies 2019
Matthew Lesh; Institute of Public Affairs: 15 November 2019
The aim of this project was to coax more evidence-based policy decisions by all tiers of government by reviewing and rating 20 high profile government decisions against the Wiltshire business case criteria.  More...

Guidelines to counter foreign interference in the Australian university sector
University Foreign Interference Taskforce; Department of Education (Australia): 14 November 2019
These guidelines have been developed for, and in partnership with, the Australian university sector, to help manage and engage with risk to deepen resillience against foreign interference. They are designed to build on risk management policies and security practices already implemented by many Australian universities.  More...

Cases

Da Silva v Building Professionals Board [2019] NSWCATOD 177
ADMINISTRATIVE REVIEW – accredited certifier – whether construction certificate plans inconsistent with development consent – whether development consent authorised variations – finding of unsatisfactory professional conduct – appropriate penalty

Council of the City of Ryde v Azizi [2019] NSWSC 1605
ADMINISTRATIVE LAW – jurisdictional error – judicial review of Determinations of Compensation issued by the Valuer-General under s 47 of the Land Acquisition (Just Terms Compensation) Act 1991 (NSW) – whether the Determinations with respect to underlying zoning and development standards lacked probative evidence and were legally unreasonable – whether the Determinations with respect to the comparable sales method of valuation were legally unreasonable – not legally unreasonable – impermissible merits review – no jurisdictional error
ADMINISTRATIVE LAW – jurisdictional error – whether there was power to award certain disturbance costs under s 59(1)(a) of the Land Acquisition (Just Terms Compensation) Act 1991 (NSW) – where the Valuer-General misdirected himself to the date from which disturbance costs were claimable in accordance with Hoy v Coffs Harbour City Council [2016] NSWCA 257 – whether the legal error made by the Valuer-General in making the Determinations has the consequence that the Determinations are liable to be set aside for jurisdictional error – jurisdictional error – Determinations set aside – declaration made 
CIVIL PROCEDURE – stay – orders made by consent staying the legal effect of the Valuer-General’s Determinations until the final disposition of the proceedings – whether the Court can stay the operation of an Act
COSTS – party/party – issues severable – first and second defendants successful on 70 per cent of issues in the case – plaintiff to pay 30 per cent of the first and second defendants’ costs 

Ashworth v Terrill [2019] NSWSC 1596
ADMINISTRATIVE LAW – procedural fairness – notice not given by Registrar General when primary application made by neighbour to bring land under Real Property Act 1900 (NSW) – relief granted

CJU v Northern Sydney Local Health District [2019] NSWCATAD 236
ADMINISTRATIVE LAW – privacy – whether an application for internal review has been made – whether the alleged conduct is established – alleged disclosure and use of personal information – alleged disclosure to legal representative and employee - judicial functions exemption.

Sneesby v Shoalhaven City Council [2019] NSWCATAD 234
FREEDOM OF INFORMATION - consultation with third parties – personal information – prejudice to court proceedings or right to procedural fairness

Legislation

Bills revised following amendment in Committee – 22 November 2019
Justice Legislation Amendment Bill (No 2) 2019

Bills passed by both Houses of Parliament – 22 November 2019
Electoral Funding Amendment (Cash Donations) Bill 2019
Gambling Legislation Amendment (Online and Other Betting) Bill 2019
Justice Legislation Amendment Bill (No 2) 2019

Bills introduced Non-Government – 15 November 2019
Privacy and Personal Information Protection Amendment (State Owned Corporations) Bill 2019

Bills revised following amendment in Committee
Fines Amendment Bill 2019
Right to Farm Bill 2019

Bills passed by both Houses of Parliament
Electoral Funding Amendment (Local Government Expenditure Caps) Bill 2019
Fines Amendment Bill 2019
Right to Farm Bill 2019
Statute Law (Miscellaneous Provisions) Bill (No 2) 2019

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.

Lyn Nicholson

Published by Lyn Nicholson, Divya Chaddha

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