NSW Public Sector Newsletter Issue 145

Welcome to the latest issue of our New South Wales Public Sector Newsletter.

The New South Wales Information Commissioner, Elizabeth Tydd, has commended “the strengthening of NSW information access legislation” through recent amendments to the Government Information (Public Access) Act 2009 (GIPA Act) and Government Information (Public Access) Regulation 2018 (GIPA Regulation).

The Joint Select Committee on the Aboriginal and Torres Strait Islander Voice report has recommended that the Federal Government pass the Constitution Alteration Bill without amendment. The Committee’s recommendation reflects the overwhelming consensus of constitutional and legal experts, who told the Committee that the amendment is constitutionally sound.

The newsletter also includes our usual round-up of practice notes, cases and legislation.  

In the media

NSW Information Commissioner responds to the importance of amendments to information access legislation and announces regulatory action

The Government Sector Finance Amendment (Grants) Bill 2023 amends the Government Information (Public Access) Act 2009 (GIPA Act) and Government Information (Public Access) Regulation 2018 (GIPA Regulation) to include certain information regarding government grants to be considered under Open Access information and to be made publicly available. https://www.ipc.nsw.gov.au/media-releases/nsw-information-commissioner-responds-importance-amendments-information-access-legislation-and-announces-regulatory-action

Private legal practice strikes gender parity as national legal profession grows

Four years after female solicitors first outnumbered their male counterparts, a new national statistical analysis shows women reaching another important milestone in the legal profession. https://www.lawsociety.com.au/publications-and-resources/news-media-releases/private-legal-practice-strikes-gender-parity

Two judges appointed to the NSW District Court

Attorney General Michael Daley has appointed two experienced and respected lawyers to the bench of the NSW District Court. Deputy Senior Crown Prosecutor Craig Everson SC and and barrister Robert Newlinds SC have both dedicated their professional lives to the law, appearing before all jurisdictions of the NSW courts. https://dcj.nsw.gov.au/news-and-media/media-releases/2023/two-judges-appointed-to-the-nsw-district-court.html

Joint Select Committee on the Aboriginal and Torres Strait Islander Voice report

The Federal Government welcomes the final report of the Joint Select Committee on the Aboriginal and Torres Strait Islander Voice today. The Committee has recommended the Parliament pass the Constitution Alteration Bill without amendment. https://ministers.ag.gov.au/media-centre/joint-select-committee-aboriginal-and-torres-strait-islander-voice-report-12-05-2023

Administrative review reform must address challenges of the past

The Law Council of Australia welcomes the announcement that the Government will recommend appointment of the Hon Justice Emilios Kyrou AO as President of the Administrative Appeals Tribunal (AAT) and to help guide reform of Australia’s system of administrative review. https://inbrief.nswbar.asn.au/posts/21dc6bda18d1036ec37b45178e18a858/attachment/Media%20Release.pdf

In practice and courts

ACCC

ACCC welcomes funding to establish National Anti-Scam Centre

https://www.accc.gov.au/media-release/accc-welcomes-funding-to-establish-national-anti-scam-centre

AAT Bulletin

Issue No. 10/2023, 22 May 2023

https://www.aat.gov.au/AAT/media/AAT/Files/AAT%20Bulletins/10-23.pdf

Published articles, papers, reports

Constitutional referendums in Australia: a quick guide

This guide offers a general overview of some of the rules and processes involved when conducting a national referendum.

Commonwealth Budget 2023-24: Significant progress for workers, much more to do

The Centre for Future Work’s research team have put together this briefing. They cover all the main features of the budget from the perspective of workers and labour markets. Some of its measures are very positive, such as fiscal support for higher wages for aged care workers, increased JobKeeper benefits, and enhanced Commonwealth Rent Assistance.

Weaponizing privacy and copyright law for censorship

Freedom of the press is facing growing restrictions from technology policies that censor the media under the guise of protecting privacy. This paper examines the global impact of techno-legal regimes such as the US Digital Millennium Copyright Act and the EU Directive on Copyright in the Digital Single Market.

Cases

FMM v Nominal Insurer [2023] NSWCATAD 114 (23 May 2023)

ADMINISTRATIVE LAW – Privacy and Personal Information Protection Act 1998 – administrative review of a reviewable decision – administrative review of conduct of the agency – disclosure of personal and health information – security safeguards

Webb v Port Stephens Council [2023] NSWCATAP 133 (17 May 2023)

ADMINISTRATIVE LAW – access to government information — whether disclosure would undermine competitive neutrality of an agency or place it at a disadvantage in any market — whether disclosure would diminish competitive commercial value of information — whether disclosure would prejudice a person’s legitimate business, commercial, professional or financial interests

Webb v iCare NSW [2023] NSWCATAD 111 (15 May 2023)

ADMINISTRATIVE LAW - Privacy and Personal Information Protection Act 1998 (NSW) – is an individual’s name and/or information about them making an application under the Government Information (Public Access) Act 2009 (NSW) on behalf of an organisation personal information for the purposes of the PPIP Act – ss 4(1) and (3)(b) PPIP Act.

FFN v Cumberland City Council [2023] NSWCATAD 108 (9 May 2023)

Privacy – information protection principles – information not recorded or held in agency’s records – information in heads of agency staff – whether information collected – whether information held

Ooi v NSW Ministry of Health [2023] NSWCATAD 107 (5 May 2023)

ADMINISTRATIVE LAW — access to government information — reasonable search — information not held by the agency

Jeray v Blue Mountains City Council [2023] NSWCATAP 120 (4 May 2023)

CIVIL PROCEDURE – summons to give evidence and produce documents – whether Information Commissioner compellable to give evidence

Vogel v Secretary, Department of Education [2023] NSWCATAD 105 (4 May 2023)

ADMINISTRATIVE LAW – administrative review – Government information – reasonable searches – no obligation to provide access by creating a new record

FFN v Cumberland City Council [2023] NSWCATAD 108 (9 May 2023)

ADMINISTRATIVE LAW - Privacy – Personal Information – disclosure – whether personal information disclosed – meaning of publicly available publication

DYD v Commissioner of Police, NSW Police Force [2023] NSWCATAD 97 (1 May 2023)

ADMINISTRATIVE LAW – administrative review – Government Information (Public Access) – establishing the claimed effect of the considerations against disclosure in relation to the specific information - balancing of public interest considerations for and against disclosure

Legislation

Workplace Gender Equality Act 2012

C2023C00095 • Act No. 91 of 1986 as amended • Registered: 08/05/2023

Income Tax Assessment Act 1997

C2023C00094 • Act No. 38 of 1997 as amended • Registered: 05/05/2023

Australian National Registry of Emissions Units Act 2011

C2023C00093 • Act No. 99 of 2011 as amended • Registered: 04/05/2023

Climate Change Act 2022

C2023C00092 • Act No. 37 of 2022 as amended • Registered: 02/05/2023

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