In the media

Nation leading child abuse reforms introduced to Parliament A significant barrier preventing child sex offenders from being held to account and leading to ‘unwarranted acquittals’ will be removed under landmark reforms introduced into NSW Parliament (26 February 2020). More...

Prison officers to wear body-worn cameras Frontline officers working in Corrective Services NSW are being rolled out with new cutting-edge body-worn camera technology to improve officer safety and operational transparency (18 February 2020). More...

Lobbying regulations just ‘window dressing’ Regulations around the lobbying of government officials in NSW are just “window dressing” and are allowing powerful lobbying interests to avoid scrutiny and accountability, the ICAC has heard (17 February 2020). More...

In practice and courts

LSC: Consultation paper - proposed amendments to the legal profession uniform law The Legal Services Council has published a consultation paper on proposed amendments to the Legal Profession Uniform Law. Submissions can be sent to the Council at submissions@legalservicescouncil.org.au on or before Friday, 28 February 2020. More...

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

OAIC: CDR Privacy Safeguard Guidelines RSS feed The Privacy Safeguard Guidelines outline how the Information Commissioner will interpret and apply the privacy safeguards when exercising the functions and powers relating to the privacy safeguards under Part IVD of the Competition and Consumer Act 2010 (Competition and Consumer Act), which establishes the Consumer Data Right (CDR) (24 February 2020). More...

OAIC Submissions 21 February 2020 - Review of the mandatory data retention regime — supplementary submission to the Parliamentary Joint Committee on Intelligence and Security

AHRC: New national guide on powers of attorney You Decide Who Decides, funded by the Australian government, sponsored by the Australian Guardianship and Administration Council and developed by the Victorian Public Advocate, is a national resource which identifies differences between the law across the country. Information about where to find the form in different states and territories and a list of other useful websites is included at the back. It can also be downloaded here (25 February 2020). More...

Legal and Constitutional Affairs References Committee Impact of changes to service delivery models on the administration and running of Government programs

Legal and Constitutional Affairs Legislation Committee Federal Circuit and Family Court of Australia Bill 2019 [Provisions] and Federal Circuit and Family Court of Australia (Consequential Amendments and Transitional Provisions) Bill 2019 [Provisions] Crimes Legislation Amendment (Combatting Corporate Crime) Bill 2019

JUDCOM: Local Court Bench Book Update 136, February 2020 [16-000] General Orders has been updated at [16-170] to include a ready reckoner table with the length of orders and the community service hours that can be imposed under a conditional release order, community correction order and intensive correction order

[44-000] Coronial Matters has been extensively revised and updated. More...

Consultations Statutory review of the amendments made by the Inclosed Lands, Crimes and Law Enforcement Legislation Amendment (Interference) Act 2016 The Department of Communities and Justice is reviewing whether the policy objectives of the amendments remain valid and if the provisions, as amended, remain appropriate for securing these objectives. Submissions close on 1 March 2020.

NSW Government Services The Department of Customer Service is collaborating across government to help agencies get ready to retire little-used sites or merge information to the centralised online home of the NSW Government. A trial version of the refreshed NSW Government website will go live at the end of February 2020.

NSW DCJ: Update to child protection reporting From 1 March 2020 amendments to the Children and Young Persons (Care and Protection) Act 1998 (Care Act) will commence to expand mandatory reporting groups and provide greater protections for reporters. More...

Published - articles, papers, reports

Face to face with digital exclusion Citizens Advice Bureau: The report highlights the challenges faced by people across a broad range of demographics and the barriers they encounter when dealing with government services online. It highlights that ‘digital' is not always best and that retaining ‘human’ services is a critical part of ensuring that wellbeing is supported and enhanced (27 February 2020). More...

Impact of changes to service delivery models on the administration and running of government programs Senate Legal and Constitutional Affairs References Committee Parliament of Australia: This report recommends that the Australian government assess all current and future proposals for outsourcing government services against a ‘public interest test’, which includes flow-on economic and employment impacts (27 February 2020). More...

Notifiable Data Breaches (NDB) Report OAIC: The report warns organisations about the risks associated with storing sensitive personal information in email accounts (28 February 2020). More...

Management of the Australian Government's Register of Lobbyists — follow-up The objective of this audit is to examine the effectiveness of the Attorney-General’s Department’s implementation of the recommendations from Auditor-General Report No.27 of 2017–18, Management of the Australian Government’s Register of Lobbyists. Due to table: June, 2020 Open for contribution More...

Administration of financial disclosure requirements under the Commonwealth Electoral Act The objective of this audit is to examine the effectiveness of the Australian Electoral Commission’s (AEC's) management of financial disclosures required under Part XX of the Commonwealth Electoral Act 1918, including the extent to which the AEC is achieving accurate and complete financial disclosures. Due to table: June, 2020 Open for contribution. More...

Australian Bureau of Statistics 27/02/2020 Criminal Courts, Australia, 2018-19 (cat no. 4513.0) 18/02/2020 Crime Victimisation, Australia, 2018-19 (cat no. 4530.0)

Cases

Nolan v Commissioner of Police [2020] NSWCATAD 66 ADMINISTRATIVE LAW – Freedom of Information Government Information (Public Access) Act – GIPA – sufficiency of search – scope of access request

DTJ v NSW Ministry of Health [2020] NSWCATAD 65 ADMINISTRATIVE LAW – PRIVACY – personal information – reasonable – security safeguards - use – disclosure – exceptions

Livaja v Commissioner for Fair Trading, Department of Finance, Services and Innovation [2020] NSWCATOD 17 ADMINISTRATIVE REVIEW – occupational licensing - real estate salesperson – conviction for dishonesty –– disqualified person – whether offence should be ignored – whether triviality of acts or ommissions – whether of sufficient passage of time – whether fit and proper

Smith v Combat Sports Authority [2020] NSWCATAD 61JURISDICTION – administrative law - relevance of issues raised by parties – enabling legislation – basis of Tribunal’s jurisdiction.

Randren House Pty Ltd v Water Administration Ministerial Corporation [2020] NSWCA 14 JUDICIAL REVIEW – applicants’ land claimed to be affected by Minister’s plan made under Water Management Act 2000 (NSW) - applicants brought judicial review proceedings challenging numerous decisions including making of the Minister’s plan - proceedings dismissed as not brought within 3 months as required by s 47 - application to reopen after judgment reserved refused - all bases of judicial review rejected - whether primary judge erred in finding proceedings statute-barred - whether Minister entitled to make decisions to make a plan at “high level” - whether Minister had duty to classify water sources of the State - whether first applicant should have been issued with a licence expressed in terms of unregulated water - whether error in refusing application to adduce further evidence - extension of time for appeal refused

Legislation

Commonwealth

Statute Update (Regulations References) Bill 2020 Finally passed both Houses 27/02/2020 - Amends 10 Acts to: replace references to specific provisions of regulations with more general means of identifying the provisions, so that the correct links between the contents of regulations and Acts will remain even if the regulations are remade, renamed or renumbered; and make consequential amendments.

Constitution Alteration (Freedom of Expression and Freedom of the Press) 2019 [No. 2] Removed from the Notice Paper in accordance with (SO 42) 25 Feb 2020 Subject to approval in accordance with section 128 of the Constitution, the bill proposes an alteration to the Constitution to provide that the Commonwealth, States and Territories must not limit freedom of expression, including freedom of the press and other media.

Regulations and other miscellaneous instruments Child Protection (Working with Children) Amendment (Assessment Requirement Triggers and Reporting Bodies) Regulation 2020 (2020-62) — published LW 28 February 2020 Children’s Guardian (Transitional) Regulation 2020 (2020-63) — published LW 28 February 2020

Bills introduced – 28 February 2020

Government Evidence Amendment (Tendency and Coincidence) Bill 2020 Firearms and Weapons Legislation Amendment (Criminal Use) Bill 2020

Non-Government Anti-Discrimination Amendment (Complaint Handling) Bill 2020