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NSW Government Bulletin

03 February 2021

#Government

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NSW Government Bulletin

Managing fraud and corruption in 2021

On 11 January 2021, the NSW Independent Commission against Corruption (ICAC) released an updated advice on developing a fraud and corruption control policy together with a sample fraud and corruption policy, available here.

Given that 2020 was a year when internet scamming of businesses and governments had significantly increased, primarily due to COVID-19 and working from home, it is important that organisations revisit their stance on fraud and corruption control and how they manage that on a day-to-day basis.

In accordance with the NSW Treasury Fraud and Control Policy circular, TC 18-02 updated in April 2018, it is mandatory for all NSW public sector agencies to develop, implement and maintain a fraud and corruption control framework to prevent, detect and respond to fraud and corruption.

The ICAC resources assist in meeting this obligation. In particular, having a policy that outlines and gives examples of likely types of fraud and/or corruption in the particular agency will be helpful in meeting the obligation to keep staff aware and on top of such issues.

Author: Lyn Nicholson

In the media

Brutally honest review of national environment laws leads to calls for urgent reforms
Australia’s peak marine conservation organisation has described the final review of national environment laws as a brutally honest assessment of the failure of the law to act to protect our oceans (29 January 2021).  More...

JobKeeper payments for prisoners, the dead and other fraud cases probed by ATO
Employers claiming JobKeeper on behalf of fictitious employees are being pursued by an ATO investigation. FOI documents show the ATO was investigating 5,974 cases of "inflated employees" as at September (29 January 2021).  More...

Recommendations following investigation into FOI processing by Home Affairs
The OAIC has made recommendations to ensure the Department of Home Affairs is able to meet the statutory processing periods specified under the FOI Act (29 January 2021).  More...

Human factor dominates latest data breach statistics
Data breaches attributed to human error continue to increase according to the Office of the Australian Information Commissioner’s latest Notifiable Data Breaches Report. Australian Information Commissioner and Privacy Commissioner Angelene Falk said 38% of all data breaches notified during the period were attributed to human error (28 January 2021).  More...

Data privacy 2021: What should be front and centre for the CMO right now
As the world recognises Data Privacy Day, CMO speaks to marketing and industry thought leaders about the consumer data priorities, concerns and work they believe marketing teams should be focused on right now (28 January 2021).  More...

Australia takes on Google advertising dominance in latest Big Tech fight
An Australian regulator is considering letting internet users choose what personal data companies like Google share with advertisers, as part of the country’s attempts to shatter the dominance of tech titans. The ACCC also proposed limiting the internet giants’ ability to access users’ online histories to cross-sell products (28 January 2021).  More...

NSW offers grants for tech solutions to reduce barriers to justice system
The NSW Government is offering $250,000 in grants for ideas that use technology to reduce barriers to the state's justice system for those who need it the most (28 January 2021).  More...

Information Commissioner orders compensation payable by Home Affairs for breaching detainees’ privacy
The Department of Home Affairs (formerly the Department of Immigration and Border Protection) has been found to have interfered with the privacy of 9,251 detainees in immigration detention by mistakenly releasing their personal information (27 January 2021).  More...

Law Council calls on government to Raise the Age
The call by 31 countries meeting at the United Nations Universal Periodic Review that Australia raise the minimum age of criminal responsibility, is a stark reminder that Australia is falling behind the rest of the world in dealing with juvenile offenders (21 January 2021).  More...

Law Council welcomes appointment of Acting Inspector-General of Intelligence and Security
The Law Council of Australia welcomes Hon Dr Christopher Jessup QC commencement as Acting Inspector-General of Intelligence and Security (IGIS) to the role that is responsible with conducting independent operational oversight of the legality and propriety of agencies’ activities (18 January 2021).  More...

Claim of Corrupt Family Court Judges
The Australian Bar Association joins with the Law Council of Australia in rejecting the claim reported by Fairfax Media on 12 and 13 January 2021 that "the Family Court of Australia has many corruption issues" including "corrupt" judges (13 January 2021).  More...

Update to the joint statement on global privacy expectations of video teleconferencing companies
Moving forward, the joint signatories will undertake further engagement with these companies and will issue a more substantive public statement on their findings, learnings, and outcomes from this activity in 2021 (24 December 2020).  More...

Release of National Action Plan to Reduce Sexual Harassment in the Australian Legal Profession
Eliminating sexual harassment in the legal profession is part of the Law Council’s long-running commitment to inclusion and diversity in the legal profession. The release of the National Action Plan to Reduce Sexual Harassment in the Australian Legal Profession (NAP) heralds the start of a united and coordinated process to address the issue (23 December 2020).  More...

Law Council response to Committee’s final report into the Litigation and Class Action Industry in Australia
The Law Council agrees in principle with a number of the 31 recommendations made in the Parliamentary Joint Committee on Corporations and Financial Services’ final report on Litigation Funding and the Regulation of the Class Action Industry in Australia (23 December 2020).  More...

In practice and courts

ACMA and eSafety child safety policy
This policy informs our leaders and staff about their obligation to act legally and ethically towards children and young people (20 January 2021).  More...

CDPP publications
Partner Agency Engagement Strategy (18 January 2021) 
NLD – Prosecution Services – Partner Agencies (18 January 2021) 

OAIC: Commissioner-initiated investigation into the Department of Home Affairs
Report finalised: 11 December 2020
Department’s response: 6 January 2021
Report published: 29 January 2021
Read the report here.

Family Court of Australia and Federal Circuit Court of Australia – expansion of the COVID-19 list
The Joint Practice Direction 1 of 2021 – the COVID-19 List was issued by the Chief Justice Monday 18 January. The expansion of the COVID-19 List is a result of its success throughout 2020 in handling the increase in urgent applications filed as a result of the pandemic.  More...

Current consultations

Legal and Constitutional Affairs Legislation Committee
Regulatory Powers (Standardisation Reform) Bill 2020 [Provisions]
Judges’ Pensions Amendment (Pension Not Payable for Misconduct) Bill 2020

Legal and Constitutional Affairs References Committee
Nationhood, national identity and democracy

Select Committee on Foreign Interference through Social Media
Foreign Interference through Social Media

Standing Committee for the Scrutiny of Delegated Legislation
Exemption of delegated legislation from parliamentary oversight

Finance and Public Administration References Committee
The current capability of the Australian Public Service (APS)

CDPP alert: Hoax CDPP emails
The Office of the Commonwealth Director of Public Prosecutions is warning members of the community to beware of scammers claiming to be from the CDPP (15 January 2021).  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. 1/2021, 1 January 2021

Commonwealth Integrity Commission: Consultation draft
The Australian Government has released an exposure draft of legislation to establish the new Commonwealth Integrity Commission (CIC) and make other consequences legislative amendments. A fact sheet about the key features of the CIC has also been released. The consultation page includes links to the draft legislation and further information about other issues under consideration. Closing date is 12 February 2021.

ACMA reminder, NBN consumer experience rules
ACMA has enhanced NBN consumer experience rules to protect Australians during the final phase of the NBN migration. The enhancements have been made to the following rules: Service Continuity Standard; Service Migration Determination; Consumer Information Standard; Complaints Handling Standard. The enhancements to the Service Continuity Standard and Service Migration Determination will start on 14 December 2020, while most enhancements to the Complaints Handling Standard and Consumer Information Standard will start on 1 April 2021.  More...

LSC: Regulation of litigation funding schemes
The Legal Services Council has amended the Legal Profession Uniform General Rules 2015 with effect from 22 August 2020 so the prohibitions in s 258(1) and (3) of the Legal Profession Uniform Law do not apply in relation to litigation funding schemes now regulated as managed investment schemes. The new rule will operate for 12 months to allow for consultation. See the Legal Services Council website.

CDPP publications and guides
Unfitness to be tried/to plead [NLD] (11 January 2021)
Guidelines for dealings between Investigators and the Commonwealth Director of Public Prosecutions (06 January 2021)

Guide to children's television classification
This guide is to help applicants understand how to interpret the children’s classification criteria for C programs and P programs and applications for C and P classification are assessed (21 December 2020).  More...

Digital Transformation Agency consultation: The Digital Identity Legislation consultation paper 
The paper outlines key issues surrounding the development of the legislation and poses specific questions about its design, scope and content. Readers interested in making a submission can access the Digital Identity Consultation Page on this PS News link.

Attorney General reminder: Privacy Act Review Issues Paper
The Attorney-General’s Privacy Act Review Issues Paper, including information on how to have a say, can be accessed on this PS News link.

Consultation on proposed new conduct rule
The Law Council of Australia has released a consultation paper proposing that a new rule 11A be added to the Australian Solicitors’ Conduct Rules. The proposed rule clarifies how existing ethical principles relating to conflicts of interest may be applied when providing short-term legal assistance services.  More...

Stay safe online: Data Privacy Day
Millions of people are unaware of and uninformed about how their personal information is being used, collected or shared in our digital society. Data Privacy Day aims to inspire dialogue and empower individuals and companies to take action (13 January 2021).  More...

ACMA consultation: Draft Broadcasting Services (Australian Content and Children’s Television) Standards 2020
The consultation focuses on practical implementation and drafting issues relating to the program standards. Feedback will then be considered, with the new standards planned to begin on 1 January 2021.  More...

ACMA position paper: Misinformation and news quality on digital platforms in Australia
A position paper to guide code development, includes a model code framework for consideration, including objectives and outcomes to be achieved for the benefit of Australian users of digital platforms. The ACMA anticipates to have in place a single, industry-wide code by December 2020. The position paper, Misinformation and news quality on digital platforms in Australia - A position paper to guide code development has been published on the ACMA website.

Australian Bushfires Disaster Emergency Declaration – understanding your privacy obligations
The Attorney-General has made the Privacy (Australian Bushfires Disaster) Emergency Declaration (No. 1) 2020 (the emergency declaration) under Part VIA of the Privacy Act 1988 (Cth) (Privacy Act). The emergency declaration was made in response to bushfires in Australia resulting in death, injury and property damage occurring from August 2019 into 2020. The emergency declaration expires on 20 January 2021.

Guiding those experiencing family violence and other safety risks through the family law system
The Lighthouse Project Pilot commences in Brisbane and Parramatta on 11 January 2021. The Pilot introduces risk screening, triage and case management, and the Evatt List to the Federal Circuit Court (FCC). The FCC released Practice Direction No. 3 of 2020 – Lighthouse Project and Evatt List which sets out the procedure for Lighthouse Project related family law proceedings in the Court. Further information can be found on the FCC website here.

NSW

Commercial Law Section – updated notes on COVID-19 related developments in commercial law and practice
The New South Wales Bar Association's Commercial Law Section has provided an updated version of its notes on COVID-19 related developments in commercial law and practice. The updated notes are available here and have also been published on the Association's COVID-19 and Commercial Law Section webpages (27 January 2021).

QR code systems being introduced in Family Court of Australia and Federal Circuit Court buildings
The Family Court of Australia and Federal Circuit Court recognise the importance of contract tracing and early identification in the event of a COVID-19 exposure. A QR Code system and manual registers are being introduced as a means of registering public attendance in Court buildings. The registration and use of QR Codes are voluntary (27 January 2021).  More...

The IPC supports Data Privacy Day 28 January 2021
The Information and Privacy Commission NSW supports Privacy Day (28 January 2021).  More...

Information Commissioner Statement relating to complaint regarding conduct of the office of the NSW Premier
The NSW Information Commissioner confirms previous reports that a complaint regarding the conduct of the Office of the NSW Premier was lodged with the Information and Privacy Commission in October 2020 (21 January 2021).  More...

COVID-19 NSW
The New South Wales Bar Association’s consolidated guide to COVID-19-related court arrangements has again been updated in terms of recent developments, and includes a new practice direction.

Strata statutory review: Consultation now open
The Government has commenced a wide-ranging review of the laws affecting strata schemes under the Strata Schemes Management Act 2015 and the Strata Schemes Development Act 2015. Public consultation is now open and will close on 7 March 2021. Please visit the Have your say - strata statutory review website to access the Strata Discussion Paper and for surveys on management and development issues.

Extension of strata and community lands COVID-19 regulations
Regulations were published on 12 November 2020 which extend the COVID-19 measures as previously provided for strata and community lands to 13 May 2021. The measures include alternative means of holding meetings and execution of documents by an owners corporation or community association. See Community Land Management Amendment (COVID-19) Regulation (No 2) 2020 and Strata Schemes Management Amendment (COVID-19) Regulation (No 2) 2020.

DCJ NSW: Review of the Advocate for Children and Young People Act
The review will determine whether the policy objectives of the Act remain valid and whether the terms of the Act remain appropriate for securing these objectives. The discussion paper is available here. Submissions close on 12 March 2021.  More...

Reminder: 2020 Professional Standards Scheme commences
The fourth New South Wales Bar Association Professional Standards Scheme will remain in effect until 30 June 2025. You can learn more about the scheme here.

NCAT fees and charges from 1 January 2021
From 1 January 2021 fees apply to strata schemes interim order applications lodged in addition to a strata schemes application (4 January 2021).  More...

NCAT Annual Report 2019-2020
The NCAT Annual Report 2019-2020 was tabled in NSW Parliament on 17 December 2020. The report is now available to download from the NCAT website here (22 December 2020).

NSW IPC Bulletin
The IPC Bulletin includes 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 the latest IPC Bulletin, please click here (16 December 2020).

DCJ NSW: Exposure draft Bill for public consultation: Crimes Legislation (Offences Against Pregnant Women) Bill
The Government is seeking community views on proposals that aim to acknowledge the loss of victims and appropriately punish offenders. The Exposure Draft Bill, which was developed in response to expert advice and stakeholder feedback, is available on the Have Your Say website.  More...

JUDCOM: Local Court Benchbook
Update 139, 22 December 2020
Specific penalties and orders – has been updated as a result of the following recent amendments: Liquor Regulation 2018 by the Liquor Amendment (Night-time Economy) Act 2020 and Rural Fires Act 1997 by the Bushfires Legislation Amendment Act 2020.  More...

JUDCOM: Decisions reserved
The Court of Appeal maintains a list of matters before the Court for which judgment is reserved. The list is updated weekly. View the latest publication here.

ICAC: Advice on developing a fraud and corruption control policy
The NSW ICAC has released advice on developing a fraud and corruption control policy, and a sample policy (11 January 20210).  More...

Published – articles, papers, reports

Productivity Commission: Report on Government Services 2021
The annual Report on Government Services provides information on the equity, effectiveness and efficiency of government services in Australia (January 2021).  More...
20 January 2021 – Part F Community services (includes aged care, disability, child protection and youth justice)
22 January 2021 – Part C Justice (includes police, courts and corrective services)

Anonymity and identity shielding position paper
eSafety Commission: January 2021
Has highlighted the need for more rigorous, consistent and transparent verification of online social media accounts in its latest position paper on anonymity and identity shielding online.  More...

Australia's third Universal Periodic Review (UPR)
AHRC: January 2021
The submission to the third cycle review welcomes positive developments since the last cycle in 2015 and highlights the ongoing substantial weaknesses in Australia’s human rights protections and new challenges that are arising, including the COVID-19 pandemic.  More...

Notifiable data breaches report
Office of the Australian Information Commissioner (OAIC): 28 January 2021
The OAIC received 539 data breach notifications from July to December 2020, an increase of 5% on the previous six months (512). 38% of all data breaches notified during the period were attributed to human error. Read the report here.

2021 state of reconciliation in Australia report
Reconciliation Australia: 18 January 2021
This report assesses the current status of reconciliation and outlines some practical actions that need to be taken in order to continue to progress the reconciliation process. Read the report here.

Administering regulation
ANAO: 14 January 2021
This edition of audit insights summarises key messages for all Australian Government entities from a series of recent Australian National Audit Office performance audits assessing the planning and implementation of regulation activities. It discusses the importance of using available data and intelligence information to develop and execute risk-based regulatory activities targeted in proportion to the impacts of non-compliance. Read more here.

PGPA Act flipchart and list
04 January 2021
Flipchart of Commonwealth entities and companies . The Flipchart is a reference of all non-corporate and corporate Commonwealth entities and companies. Commonwealth entities and companies are government bodies that are subject to the Public Governance, Performance and Accountability Act 2013 (the PGPA Act).

OAIC 2020 highlights infographic
OAIC: 15 December 2020
See our infographic to learn more about how we worked to increase public trust and confidence in access to government-held information and protection of personal information in 2020.

The law on judicial bias: A primer
ALRC: 14 December 2020
The first background paper provides an introductory summary and overview of key aspects of the law on judicial bias as it relates to the Australian federal judiciary.

Audits of the financial statements of Australian government entities for the period ended 30 June 2020
ANAO: Report No 25, 17 December 2020
This report complements the Interim Report on Key Financial Controls of Major Entities financial statement audit report published in May 2020. It provides a summary of the final results of the audits of the Consolidated Financial Statements for the Australian Government and the financial statements of Australian Government entities for the period ended 30 June 2020. Read more here.

The Australian Taxation Office’s management of risks related to the rapid implementation of COVID-19 economic response measures
ANAO: Report No 24, 14 December 2020
The objective of the audit was to assess whether the Australian Taxation Office has effectively managed risks related to the rapid implementation of COVID-19 economic response measures. Read more here.

Commonwealth Ombudsman’s activities in monitoring controlled operations: 2019-20
Ombudsman: 09 December 2020
Read more here.

Law Council Update
The Law Council produces a fortnighly newsletter which highlights the Law Council's important activities and advocacy, along with any relevant media and events stakeholders would be interested in. Read more here.

Cases

‘WP’ and Secretary to the Department of Home Affairs (Privacy) [2021] AICmr 2
Privacy – Privacy Act 1988 (Cth) – information privacy principles – IPP 4 – data security failure – IPP 11 – unauthorised disclosure of personal information – breaches substantiated – compensation awarded – s 52(4)(a) – manner in which the amount of compensation payable to class members is to be calculated – s 52(5)(b) – process for determining any dispute regarding the entitlement of a class member to the payment.

Department of Home Affairs privacy determination
This matter is the first representative action where we have found compensation for non-economic loss payable to individuals affected by a data breach. It recognises that a loss of privacy or disclosure of personal information may impact individuals and depending on the circumstances, cause loss or damage.

Pillinger v Northern Sydney Local Health District [2021] NSWCATAD 14
ADMINISTRATIVE LAW – access to government information – investigation into complaints – whether overriding public interest against disclosure. 

The Australian Press Council Inc v Southey [2021] NSWCATAP 9
HUMAN RIGHTS – anti-discrimination – transgender grounds – preliminary question – definition of ‘services’ – whether adjudication of complaint by private organisation, the Australian Press Council, is within the definition of ‘services’. 

EJS v NSW Trustee and Guardian [2021] NSWCATAD 10
ADMINISTRATIVE LAW – review under section 62 NSW Trustee and Guardian Act 2009 (NSW) – trustee and guardian – interests and welfare of protected person – whether to pursue refund of legal costs – financial management order. 

'WN' and Inspector General of Taxation (Freedom of information) [2020] AICmr 71
Freedom of Information – whether disclosure would have a substantial adverse effect on the proper and efficient conduct of the operations of an agency – whether contrary to public interest to release conditionally exempt documents – (CTH) Freedom of Information Act 1982 ss 11A and 47E(d).

'WJ' and Services Australia (Freedom of information) [2020] AICmr 67
Freedom of Information – whether disclosure of personal information unreasonable – whether contrary to public interest to release conditionally exempt documents – (CTH) Freedom of Information Act 1982 ss 11A(5), 47F.

'WI' and Attorney-General's Department (Freedom of information) [2020] AICmr 66
Freedom of Information – whether reasonable steps taken to locate documents – (CTH) Freedom of Information Act 1982 s 24A – documents explaining and justifying the rationale for prohibiting a patient from access to the treatment recommended by licenced medical practitioners.

Gerner v Victoria [2020] HCA 48
Constitutional law (Cth) – implications from Constitution – where directions made under s 200(1)(b) and (d) of Public Health and Wellbeing Act 2008 (Vic) restricted movement of persons within Victoria – where plaintiffs sought declarations that directions and s 200(1)(b) and (d) of Public Health and Wellbeing Act were invalid as an infringement of a freedom to move wherever one wishes for whatever reason ("freedom of movement") said to be implicit in Constitution – where defendant demurred on ground that Constitution did not imply freedom of movement – whether freedom of movement implicit in federal structure of Constitution – whether freedom of movement protected by implied freedom of political communication – whether freedom of movement implicit in s 92 of Constitution. 

Onus v Minister for the Environment [2020] FCA 1807
ADMINISTRATIVE LAW – application for judicial review challenging the lawfulness of the Minister’s decision dated 6 August 2020 not to make declarations under ss 10 and 12 of the Aboriginal and Torres Strait Islander Heritage Protection Act 1984 (Cth) (Act) in relation to the effect on an area and certain trees claimed to be of particular significance for Aboriginals relating to the construction and alignment of a section of the Western Highway between Ararat and Buangor in Victoria – six grounds of judicial review raised – challenge to the lawfulness of the Minister’s decision in relation to the application for a declaration under s 10 of the Act dismissed – Minister’s decision in respect of the application for a declaration under s 12 of the Act found to be invalid in law and set aside – whether the Minister’s decision regarding ss 10 and 12 was severable – Minister directed to refer the s 12 application for reconsideration and determination according to law by another Minister with responsibility for administering the Act.

COMPLAINANT 201908 v COMMISSIONER FOR FAIR TRADING ( Discrimination ) [2021] ACAT 2
DISCRIMINATION – irrelevant criminal record – quantum of compensation to be determined – available remedies – reassessment of application for motor vehicle traders licence – where apology sought – damages under the Human Rights Commission Act 2005 – compensation for non-economic loss – no exemplary damages awarded – compensation for ‘loss of chance’ – interest. Human Rights Commission Act 2005 s 53E.

Pitman and Commissioner of Taxation (Taxation) [2020] AATA 5308
TAXATION – whether bankrupt person charged with criminal offences relating to a tax debt may apply to the Tribunal for an extension of time within which to lodge an application for review of a reviewable objection decision – whether dissatisfied with reviewable objection decision – no standing to make an application. Acts Interpretation Act 1901; ss 29 and 33(2A); Administrative Appeals Tribunal Act 1975; ss 25(6), 29(1)-(8), 42A, 42B, 43 and 69BA.

Repatriation Commission v Fill [2020] FCA 1812
ADMINISTRATIVE LAW – appeal against decision of Administrative Appeals Tribunal to set aside decision of Repatriation Commission affirming decision that respondents were ineligible for service pension – whether Tribunal made errors of law in assessing rate of service pension under Veterans’ Entitlement Act 1986 (Cth) – appeal allowed – matter remitted to be heard and determined according to law.

EJH v Independent Liquor and Gaming Authority [2021] NSWCATAD 7
ADMINISTRATIVE REVIEW – jurisdiction of NCAT to review “banning orders” made by the Independent Liquor and Gaming Authority.

KEPCO Bylong Australia Pty Ltd v Independent Planning Commission (No 2) [2020] NSWLEC 179
JUDICIAL REVIEW – challenge to decision of Independent Planning Commission to refuse development consent for new coal mine – state significant development – construction and application of State Environmental Planning Policy (Mining, Petroleum Production and Extractive Industries) 2007 in assessment of greenhouse gas impacts of new coal mine – no failure to refer project to Minister for Regional Water for advice as required by State Environmental Planning Policy (Mining, Petroleum Production and Extractive Industries) 2007 – no failure to apply State Environmental Planning Policy (Mining, Petroleum Production and Extractive Industries) 2007 requirements in considering impacts on water resources – no failure to accord procedural fairness to proponent in relation to Aboriginal heritage protection, alternative sources of coal, groundwater, greenhouse gas emissions in Independent Planning Commission identifying that insufficient evidence – summons dismissed.

Legislation

Commonwealth

Copyright Act 1968
28/01/2021 – Act No. 63 of 1968 as amended

Administrative Decisions (Judicial Review) Act 1977
27/01/2021 – Act No. 59 of 1977 as amended 

Inspector-General of Intelligence and Security Act 1986
22/01/2021 – Act No. 101 of 1986 as amended 

Foreign Evidence Act 1994
20/01/2021 – Act No. 59 of 1994 as amended 

Privacy Act 1988
20/01/2021 – Act No. 119 of 1988 as amended 

Bills

Regulatory Powers (Standardisation Reform) Bill 2020 [Provisions]
On 10 December 2020 the Senate referred the provisions of the Regulatory Powers (Standardisation Reform) Bill 2020 to the Legal and Constitutional Affairs Legislation Committee for inquiry and report by 19 February 2021.

National Emergency Declaration (Consequential Amendments) Bill 2020
Assent Act no: 129 15 December 2020
Introduced with the National Emergency Declaration Bill 2020 to implement a recommendation of the Royal Commission into National Natural Disaster Arrangements, the bill amends: 24 Acts, four regulations and four ordinances that contain powers that are used by the Commonwealth when responding to, or supporting the recovery from, emergencies to enable the use of alternative or simplified statutory tests to streamline the exercise of those powers where a national emergency has been declared; and National Emergency Declaration Act 2020 and Radiocommunications Act 1992 to make amendments contingent on the commencement of the Radiocommunications Legislation Amendment (Reform and Modernisation) Act 2020.

Regulatory Powers (Standardisation Reform) Bill 2020 [Provisions]
On 10 December 2020 the Senate referred the provisions of the Regulatory Powers (Standardisation Reform) Bill 2020 to the Legal and Constitutional Affairs Legislation Committee for inquiry and report by 19 February 2021. 

National Emergency Declaration Bill 2020
Assent Act no: 128 15 December 2020
Introduced with the National Emergency Declaration (Consequential Amendments) Bill 2020 to implement a recommendation of the Royal Commission into National Natural Disaster Arrangements, the bill: establishes a framework for the declaration of a national emergency by the Governor-General, on the advice of the Prime Minister; enables ministers to suspend, vary or substitute administrative requirements in legislation they administer in certain circumstances; and enables the Prime Minister to require Commonwealth entities to report on available stockpiles, assets and resources, and options and recommendations to respond to a national emergency.

Electoral Amendment (Territory Representation) Bill 2020
Assent Act no: 127 15 December 2020
Senate 03 December 2020 – The Electoral Amendment (Territory Representation) Bill 2020 amends the Commonwealth Electoral Act 1918 to provide more equitable representation, through changes to the method for determining the number of House of Representatives members for the Northern Territory and the Australian Capital Territory.

Regulations

Electoral and Referendum Amendment (AUSTRAC) Regulations 2020
22/12/2020 – This instrument amends the permitted purpose in the Electoral and Referendum Regulation 2016 for which the Australian Transaction Reports and Analysis Centre may use electoral Roll information.

Broadcasting Services (Australian Content and Children's Television) Standards 2020
21/12/2020 – This instrument repeals and replaces the Broadcasting Services (Australian Content) Standard 2016 and the Children’s Television Standards 2009 to reduce and simplify the Australian content obligations that apply to commercial television broadcasting licensees, while retaining important safeguards for the protection of children.

NSW

Regulations and other miscellaneous instruments
Gambling Legislation Amendment Regulation 2021 (2021-2) – published LW 22 January 2021
Crimes (Domestic and Personal Violence) Amendment (Standard Orders) Regulation 2021

Regulations and other miscellaneous instruments
Civil and Administrative Tribunal Amendment (Fees) Regulation (No 2) 2020 (2020-734) – published LW 18 December 2020
Civil Procedure Amendment (Fees) Regulation (No 2) 2020 (2020-735) – published LW 18 December 2020
Criminal Procedure Amendment (Fees) Regulation (No 2) 2020 (2020-736) – published LW 18 December 2020
Environmental Planning and Assessment Amendment (Social Housing) Regulation 2020 (2020-737) – published LW 18 December 2020
Government Sector Finance Amendment Regulation 2020 (2020-739) – published LW 18 December 2020
Members of Parliament Staff Amendment Regulation 2020 (2020-742) – published LW 18 December 2020

Proclamations commencing Acts
Electoral Funding (Adjustable Amounts) (Administrative and New Party Policy Development Funding) Notice 2020 (2020-701) – published LW 4 December 2020 – for the purposes of Schedule 1, clause 5(6) of the Act, the adjustable amounts that are to apply for a calendar year set out in Schedule 1 are the amounts specified in the Schedule. Fees effective from 01 January 2021.

Reminder
Electoral Funding (Adjustable Amounts) (Administrative and New Party Policy Development Funding) Notice 2020 (2020-701) – published LW 4 December 2020 – for the purposes of Schedule 1, clause 5(6) of the Act, the adjustable amounts that are to apply for a calendar year set out in Schedule 1 are the amounts specified in the Schedule. Fees effective from 01 January 2021.

Bills reminder
Statute Law (Miscellaneous Provisions) Bill 2020
1.15 Electoral Funding Act 2018 No 20Schedule 2 Savings, transitional and other provisions – Schedule – Part 4 Provision consequent on postponement of September 2020 local government elections – postponed local government elections. To avoid doubt, for the purposes of sections 28 and 31A of this Act, the local government elections to be held on 4 September 2021 are taken to be ordinary.
See No 30 Statute Law (Miscellaneous Provisions) Act 2020 No 30

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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