NSW Government Bulletin - In the media, Practice and courts, Cases and Legislation

• Published date: 08 February 2022
• Law Firm: Holding Redlich
• Author: Ms Christine Jones and Kim Nguyen

In the media

Agreement transferring copyright for the Aboriginal flag to the Commonwealth
On 24 January 2022, Commonwealth Government paid a reported $20.05 million to the creator and designer of the Aboriginal Flag, Mr Harold Thomas to make the symbol of Aboriginal Australia freely available for public use. In a landmark copyright deal in Australian history, the creator agreed to transfer the intellectual property rights to the Commonwealth following extensive negotiations (24 January 2022). More...

Review of Australia's electronic surveillance laws - your right to control your personal information
The Australian Government has committed to a reform of Australia's laws relating to electronic surveillance. The objective of the reform is to replace the current legislation governing electronic surveillance (including the Telecommunications (Interception and Access) Act 1979 (Cth) and the Surveillance Devices Act 2004 (Cth) and replace it with one streamlined law. There is contention however, regarding the scope of powers bestowed to the Australian Defence Force to search personal digital devices and copy electronic information (1 February 2022). More...

Watch this space: Australian Government's proposed facial recognition plan
Innovation Australia has reported that the Department of Home Affairs has already approached a market provider to build the services for a national facial recognition database. The news comes despite the database, termed the 'National Driver Licence Facial Recognition Solution' not being operational because the necessary legislation has not passed in Parliament (31 January 2022). More...

Australian Government's efforts to prevent price-gouging and commercial export of RAT's
Greg Hunt, Minister for Health and Aged Care established a new statutory determination on 7 January 2022 being the Biosecurity (Human Biosecurity Emergency) (Human Coronavirus with Pandemic Potential) (COVID-19 Rapid Antigen Tests) Determination 2022. The Determination prevents the non-commercial export of Rapid Antigen Test Kits ('RATs') outside Australia and price-gouging of RAT tests by individuals who have purchased the tests in a retail transaction (17 January 2022). More...

New Department of Enterprise Investment and Trade
On 27 January 2022, the Minister for Enterprise, Investment and Trade, Western Sydney and Tourism and Sport announced Amy Brown was appointed Secretary of the brand new Department of Enterprise Investment and Trade. Amy Brown is currently the CEO of Investment NSW and a former lawyer. Ms Brown will oversee the Department's commitment to economic development, innovation, emerging technology and science to set the NSW economy up for a successful future (27 January 2022). More...

NSW Government showcases homegrown world-class innovations at Expo 2020 this week
The NSW Government showcased 30 of its best health, medical technology and research organisations as part of Dubai's Arab Health and Expo 2020 Dubai program at the Australian Pavilion this week. The Expo is one way the Government intends to develop the state's $92 billion pre-pandemic healthcare sector. The event highlighted investment opportunities across sectors in NSW Health such as construction, biotechnology, manufacturing and research (28 January 2022). More...

In practice and courts

Commonwealth

Parliamentary Joint Committee on Intelligence and Security (Joint)
The Parliamentary Joint Committee on Intelligence and Security (Joint) is currently inviting written submissions addressing any aspects of the National Security Legislation Amendment (Comprehensive Review and Other Measures No. 1) Bill 2021. Submissions close 3 February 2022 at 3pm. Read more here.

Parliamentary Joint Committee on Intelligence and Security (Joint)
The Parliamentary Joint Committee on Intelligence and Security (Joint) is currently inviting submissions addressing its review into the Administration and Expenditure No. 20 of Australian intelligence agencies. Under section 29(1) of the Intelligence Services Act 2001 (Cth), the Committee is required to conduct an annual review of the administration, expenditure and financial statements Australian Security Intelligence Organisation, Australian Secret Intelligence Service, Australian Geospatial-Intelligence Organisation, Defence Intelligence Organisation, the Australian Signals Directorate and the Office of National Intelligence. Submissions close 11 February 2022. Read more here.

Select Committee on Foreign Interference through Social Media (Senate)
The Senate established a Select Committee on Foreign Interference through Social Media to inquire into and report on the risk posed to Australia's democracy by foreign interference through social media on 5 December 2019. The Committee will present its final report on or before the second sitting day of May 2022. Submissions close 11 February 2022. Read more here.

Joint Standing Committee on the National Disability Insurance Scheme (Joint)
The Joint Standing Committee on the National Disability Insurance Scheme (Joint) has decided to conduct an inquiry into current scheme implementation and forecasting for the NDIS. The focus of the inquiry is how the NDIS is implemented and funded, and what supports are or should be available for people with disability alongside the NDIS. The second of the submission closing dates is 28 February 2022. Read more here.

Submissions on Exposure Draft of the Security Legislation Amendment (Critical Infrastructure Protection) Bill 2022
The Security Legislation Amendment (Critical Infrastructure Protection) Bill 2022 (SLACIP Bill) commenced on 2 December 2021. The Commonwealth Government sought submissions on a second set of amendments under the Security of Critical Infrastructure Act 2018 (Cth) (SOCI Act) which proposed a framework for risk management programs, declarations of systems of national significance and enhanced cyber security obligations. Submissions closed on 1 February 2022, however a virtual Town Hall meeting on 4 February 2022 between 1pm to 2pm has been organised. Read more here.

Review of Australia's electronic surveillance laws
In 2021, the Commonwealth Government issued a discussion paper on reform of...