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NSW Government Bulletin

04 March 2020

#Government

Christine Jones

Published by Christine Jones

NSW Government Bulletin

Last week Holding Redlich held its annual NSW Government lawyer CLE intensive day.

The day was hosted by Construction and Infrastructure partner, Christine Jones, and featured a one day program on the topic of open government and digitising the customer experience.

Our experts – from across key practice areas – helped our government clients to understand and navigate some of the key issues arising from this transformation, including: 

  • potential privacy risks
  • a look at the application of the latest electronic initiatives in the workplace
  • the digital revolution in property transactions
  • an ePlanning update

Please click here to request each speaker's presentation slides.

Our Victorian government lawyer CLE intensive will be held in our Melbourne office on 12 March 2020 – click here to register.

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

Nationhood, national identity and democracy

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 61
JURISDICTION – 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

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.

Christine Jones

Published by Christine Jones

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