Recent developments in public law and government in NSW
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In this edition we learn that public information officers participating in focus groups at the Australian Institute of Judicial Administration conference have expressed concern about the use of social media from Courts. A paper on the issue is being prepared by Professor Patrick Keyzer of Bond University. This comes as amendments to the Court Security Act commenced on 1 July 2013 (introduced by the Courts and Other Legislation Further Amendment Act 2013) which prohibit the use of devices to transmit sound, images or information that form part of proceedings from a room or other place where a Court is sitting, including by posting entries containing the information on social media sites or any other website.
Upcoming events
Privacy seminar: For recent developments in privacy law in NSW, register for Holding Redlich's seminar on "Privacy and Personal Information Protection" to be held in Sydney on 31 July and presented by Lyn Nicolson. Use this link for more information and to register.
Integrity in Government forum: You may also be interested in attending "Integrity in Government, a pre-election national anti-corruption forum" at the State Library on 23 July. This free afternoon forum hosted by Transparency International Australia is billed as a not-to-be missed opportunity before the Federal Election to hear Commonwealth Attorney-General Mark Dreyfus, Shadow Attorney-General George Brandis and Greens Leader Christine Milne spell out their party's approaches to fighting corruption and promoting integrity in Australia. Harold Werksman, a partner of Holding Redlich, is a member of the Board of Transparency International Australia and will be attending the forum. Use this link for more information and to register.
In the media
Court officers fear inaccurate social media reporting
and untrained 'citizen journalists'
Court public information officers say their top professional
concern is that inaccurate information from courtrooms is being
posted online to social media sites, such as Twitter, potentially
prejudicing major court cases (20 June 2013)
More...
Broadcasters open to ACMA's offer of self
regulation
Senior television and radio executives will seriously consider an
invitation from the Australian Communications and Media Authority
(ACMA) to put forward a new self regulatory regime that could see
the creation of a body with similar powers to The Australian Press
Council (20 June 2013)
More...
Coherent regulation best for cloud
services
Recent ACMA research identified that 52 per cent of Australians
have a low level of confidence in the privacy settings of online
providers, such as cloud service providers. A further 35 per cent
of Australians would withhold personal information where a site is
not based in Australia (13 June 2013)
More...
Community Attitudes to Privacy research starts
today
The Office of the Australian Information Commissioner (OAIC) study
on community attitudes to privacy starts today. The Community
Attitudes to Privacy survey explores changes in attitudes to
privacy across a range of areas and considers privacy issues
associated with new and emerging technologies (13 June 2013)
More...
Protecting privacy in the digital era
The Attorney-General Mark Dreyfus QC has asked the Australian Law
Reform Commission to conduct an inquiry into the protection of
privacy in the digital era. The inquiry will address both
prevention and remedies for serious invasions of privacy (12 June
2013)
More...
In practice and courts
For public consultation: Big Data Strategy (draft) -
reminder
As outlined in both the
Advancing Australia as a Digital Economy: An Update to the
National Digital Economy Strategy and the APS ICT
Strategy 2012-15, AGIMO has developed a Big Data Strategy
which sets out the actions that the government is taking to harness
the opportunities afforded by big data without compromising
privacy. Any final views of the ICT industry, the research sector,
non-government organisations and the public before finalising the
Strategy are required by close of business on Friday 5 July 2013
(21 June 2013).
Draft Big Data Strategy
Human Research Ethics Committees reports Under the Health Records and Information Privacy Act 2002 (HRIP Act), Human Research Ethics Committees are required to provide a report on their proposals to the NSW Privacy Commissioner. Committees that have not already provided their report for 2012-2013 should do so by 30 June 2013 (12 June 2013) HRIP Act Statutory Guidelines for guidance.
Ex parte applications for injunctions: then and
now
Author: Mark Leeming SC (as he then was)
Mr Leeming SC looks at the evolution of the ex parte injunction,
in terms of the usual undertaking, disclosure, breach and form of
order. (2013) 87 ALJ 303
Published – articles, papers, reports
Transcript of speech, Privacy Reform and Compliance
Forum, Sydney 2013
Author: Mark Dreyfus
Attorney-General, Mark Dreyfus, discusses the Government's new
privacy reforms, emerging privacy reform issues, online privacy,
digital economy, and online data breaches (12 June 2013)
More...
The cloud: services, computing and digital data:
Emerging issues in media and communications
Author: Australian Communications and Media Authority Occasional
paper 3
ACMA discusses the impact on industry, consumers and citizens of
tensions inherent in the current regulation of cloud computing and
services (13 June 2013) (
PDF).
Privacy and personal data- Emerging issues in media and
Communications
Author: Australian Communications and Media Authority Occasional
paper 4
This addresses various emerging issues in contemporary
communications and media, the ACMA discusses the impact of the
emerging information economy on digital citizens' privacy and
the need for a coherent framework within which new privacy
safeguards can be developed (21 June 2013) (
PDF)
Cases
Lo v Chief Commissioner of State Revenue [2013] NSWCA
180
TAXES AND DUTIES - land tax - exemptions - principal place of
residence - s 10(1)(r) Land Tax Management Act 1956 -
APPEAL AND ADMINISTRATIVE LAW - appeal on a question of law from
Administrative Decisions Tribunal - whether ADT failed to take into
account relevant considerations - whether statute mandated that
they be taken into account - analogy to approach in judicial review
proceedings - consideration of concept of "taking into
account" relevant factors- dismissed More...
IAG Ltd v Riley [2013] NSWSC 684
ADMINISTRATIVE LAW - judicial review - prerogative relief -
determination of Review Panel under the motor Accidents Act -
whether Panel misapprehended its task - failure to address
arguments set out in Application for Review - ignoring of relevant
matters - inadequacy of reasons on review - constructive failure to
exercise jurisdiction - failure to accord procedural fairness -
determination quashed - review remitted for determination - Motor
Accidents Compensation Act 1999 More...
Attorney General in and for the State of New South Wales
v Homeland Community Ltd [2013] NSWSC 723
Judicial advice refused TRUSTS - judicial advice pursuant to
Trustee Act 1925 (NSW) s 63(1) - whether trust property
can be used to defend proceedings - whether trustee acting in the
best interests of the trust - charitable trusts More...
Oshlack v Rous Water [2013] NSWCA 169
ADMINISTRATIVE LAW - judicial review - grounds of review -
validity of decision to construct and operate fluoride dosing
plants - constructive failure to exercise jurisdiction - whether
there was a misconception about the duty imposed on the decision
maker
COSTS - costs discretion - whether discretion miscarried - whether
decision of primary judge involved error- appeal dismissed More...
Reid-Frost v Industrial Relations Commission of New
South Wales [2013] NSWCA 161
ADMINISTRATIVE AND INDUSTRIAL LAW - judicial review - police
officer removed from Police Force under s 181D Police Act
- review by Industrial Relations Commission under s 181E -
application for leave to appeal dismissed by Commission Full Bench
- privative provisions in s 179 Industrial Relations Act applicable
to review by Supreme Court - jurisdictional error required to be
but not demonstrated - discretion to refuse prerogative relief on
the basis of the applicant's delay
EVIDENCE - s 163 Industrial Relations Act - Commission
not bound by rules of evidence when not in Court Session - whether
Commission entitled to rely upon findings in earlier decision in
same proceedings More...
AIL v Department of Premier and Cabinet (GD) [2013]
NSWADTAP 26
PRIVACY - Health Information - Whether disclosure by organisation
lawful - Response to letter of investigation from
Anti-Discrimination Board - Included reference to information
regarded by the complainant as outside the scope of the complaint -
Whether permitted, necessarily implied or reasonably contemplated
under an Act or any other law - Tribunal held reasonably
contemplated - Appeal - Appeal dismissed. Health Records and
Information Privacy Act 2002, Health Privacy Principle
11(2)(b); 10(2)(a) More...
Legislation
NSW
Proclamations commencing Acts
The object of this Proclamation is to commence certain amendments
to the Court Security Act 2005 that create a prohibition
on the unauthorised transmission of sounds, images or information
about court proceedings from the place where a court is
sitting.
Courts and Other Legislation Further Amendment Act 2013 No 1
(2013-291) — published LW 21 June 2013
Regulations and other statutory
instruments
The object of this Regulation is to increase the fees payable in
respect of proceedings before the Administrative Decisions
Tribunal.
Administrative Decisions Tribunal Amendment (Fees) Regulation
2013 (2013-295) — published LW 21 June 2013
The objects of this Regulation are to exempt routine government
advertising campaigns from requirements under the Government
Advertising Act 2011 on the provision of a certificate by an
authorised officer that the campaign is accurate, necessary for a
public purpose and efficient and cost effective for achieving that
purpose.
Government Advertising Amendment (Certification Arrangements)
Regulation 2013 (2013-303) — published LW 21 June
2013
The object of this Regulation is to declare the Government's
policies concerning the remuneration of office holders to which
Part 3 of the Statutory and Other Offices Remuneration Act
1975 applies for the purposes of section 6AB of that
Act.
Statutory and Other Offices Remuneration (Judicial and Other Office
Holders) Regulation 2013 (2013-308) — published LW 21
June 2013
Bills introduced etc
The multiple objects of this Bill are to amend various Acts such
as the Duties Act 1997, the Health Insurance Levies
Act 1982, the Payroll Tax Act 2007, the
Protection of the Environment Administration Act 1991 and
the First Home Owner Grant (New Homes) Act 2000 to reflect
various changes to the budget.
State Revenue and Other Legislation Amendment (Budget Measures)
Bill 2013
Bills passed by both Houses of Parliament
This Bill amends various Acts, the most relevant being the
Anti-Discrimination Act 1977, to make it clear that where
there is indirect discrimination there is not need to prove a
ground of discrimination under the Act. It additionally amended the
Government Information (Public Access) Act 2009 to exclude
information relating to the functions of the DNA Review Panel,
other than its functions relating to reporting and making
recommendations to the Minister, from being able to be accessed
under that Act.
Courts and Other Miscellaneous Legislation Amendment Bill
2013
The objects of this Bill are to enable Service NSW (by
conferring functions on its Chief Executive Officer) to provide
one-stop access to customer services for NSW government agencies
and for other agencies or persons, to facilitate the provision of
information by and about customers for that purpose and to enact
consequential provisions relating to access to government
information and State records.
Service NSW (One-stop Access to Government Services) Bill
2013
This bill makes minor amendments to various Acts and a
Regulation as outlined in Schedule 1 of the Bill as well as
effecting statute law revision for the Acts in Schedule 2 and
repealing certain other Acts in Schedule 3.
Statute Law (Miscellaneous Provisions) Bill 2013
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