The Library Bulletin

The library will be closed from 12pm Friday 23 December 2016 to Friday 20 January 2017 and on Thursday 26 January 2017 The library will be open from 9am to 5pm between Monday 23 January 2017 and Friday 27 January 2017 Normal opening hours will resume from Monday 31 January 2017

The library will be closed from 12pm Friday 23 December 2016 to Friday 20 January 2017 and on Thursday 26 January 2017 The library will be open from 9am to 5pm between Monday 23 January 2017 and Friday 27 January 2017 Normal opening hours will resume from Monday 31 January 2017

The library will be closed from 12pm Friday 23 December 2016 to Friday 20 January 2017 and on Thursday 26 January 2017 The library will be open from 9am to 5pm between Monday 23 January 2017 and Friday 27 January 2017 Normal opening hours will resume from Monday 31 January 2017

Gazette No 87 of 28 October 2016 (pages 2874-2909)

Gazette No 86 of 26 October 2016 (pages 2872-2873)

NSW Notifications Week Beginning 31 October 2016

New As Made legislation

• Auburn Local Environmental Plan 2010 (Amendment No 23) (2016-649)
• Bathurst Regional Local Environmental Plan 2014 (Amendment No 6) (2016-646)
• Biofuels Act 2007 - Biofuels Regulation (No 2) 2016 (2016-654)
• Biofuels Amendment Act 2016 No 12 - Commencement Proclamation (2016-653)
• Civil Liability Act 2002 Civil Liability (Non-economic Loss) Amendment Order 2016 (2016-652)
• Fair Trading Act 1987 - Fair Trading Amendment (Fuel) Regulation 2016 (2016-655)
• Health Practitioner Regulation National Law (NSW) - Health Practitioner Regulation (New South Wales) Amendment (Infection Control Standards) Regulation 2016 (2016-642)
• Inclosed Lands, Crimes and Law Enforcement Legislation Amendment (Interference) Act 2016 No 7 - Commencement Proclamation (2016-641)
• Law Enforcement (Powers and Responsibilities) Act 2002 - Law Enforcement (Powers and Responsibilities) Amendment (Directions under Part 14) Regulation 2016 (2016-643)
• Motor Accidents Act 1988 - Motor Accidents Compensation Amendment (Claims) Regulation 2016 (2016-644)
• Motor Sports (World Rally Championship) Act 2009 - Motor Sports (World Rally Championship) Amendment Regulation 2016 (2016-656)
• Penrith Local Environmental Plan 2010 (Amendment No 8) (2016-650)
• Protection of the Environment Operations Act 1997 - Protection of the Environment Operations (Clean Air) Amendment (Solid Fuel Heaters) Regulation 2016 (2016-645)
• Ryde Local Environmental Plan 2014 (Amendment No 11) (2016-651)
• Sutherland Shire Local Environmental Plan 2015 (Amendment No 5) (2016-647)
• The Hills Local Environmental Plan 2012 (Amendment No 31) (2016-648)

NSW new or updated in force legislation

• Auburn Local Environmental Plan 2010
• Bathurst Regional Local Environmental Plan 2014
• Biofuels Act 2007 No 23
• Biofuels Amendment Act 2016 No 12
• Biofuels Regulation 2016
• Biofuels Regulation (No 2) 2016
• Civil Liability (Non-economic Loss) Order 2010
• Fair Trading Regulation 2012
• Health Practitioner Regulation (New South Wales) Regulation 2016
• Inclosed Lands, Crimes and Law Enforcement Legislation Amendment (Interference) Act 2016 No 7
• Law Enforcement (Powers and Responsibilities) Act 2002 No 103
• Penrith Local Environmental Plan 2010
• Ryde Local Environmental Plan 2014
• Sutherland Shire Local Environmental Plan 2015
• The Hills Local Environmental Plan 2012

• Towns under siege : developments in Australian takeovers and schemes / Tony Damian and Clayton James (eds)
• Cowen & Zines's federal jurisdiction in Australia / Geoffrey Lindell
• The boundaries of Australian property law / Hossein Esmaeili and Brendan Grigg
• Judicial independence in Australia : contemporary challenges, future directions / Rebecca Ananian-Welsh and Jonathan Crowe (eds)

• New South Wales Law Reports
• Wills & Trusts Law Reports
• Lloyd's Law Reports
• New Zealand Law Reports

• GAR Global Arbitration Review
• Alternative Law Journal
• The Criminal Law Review
• Quadrant
• The Economist
• Hong Kong Lawyer

• Brandis announces inquiry into Indigenous incarceration rate By political reporters Stephanie Anderson and Henry Belot. Attorney-General George Brandis says the incarceration rate of Aboriginal Australians is a "national tragedy" and announces a new examination of the factors leading to the overrepresentation of Indigenous people in prison.

• Most complained about companies in NSW More than a decade in the making, a name-and-shame file which goes live today is dominated by real ­estate agencies — and they are blowing up about it.

• Gambia announces withdrawal from International Criminal Court The Gambian Government says it will withdraw from the International Criminal Court, accusing the world body of ignoring the "war crimes" of Western nations and seeking only to prosecute Africans.

• Law schools urged to reconsider how they prepare students for practice amid concerns about ethics ‘More than one in five law students polled in the UK and the US admit that they would falsify time records for personal and business gain, according to a study of student ethics.’

• Gambler 'ripped off' by deceptive gambling machine, court told By Guy Stayner. Crown Casino will vigorously defend a lawsuit which claimed the venue engaged in deceptive and misleading conduct by designing a poker machine that deliberately tricks gamblers to play and lose.

• Minister apologises for using taxpayer money to chauffeur his dogs Chauffeuring his pets more than 100 kilometres to a country home with a taxpayer-funded driver "doesn't meet community expectations", Victoria's Corrections Minister Steve Herbert admits.

• Property developers are trying to demolosh Kings Cross Nightclubs and turn them into apartments "“Shout out to our government and property developers who have ruined our city."

The latest issue of The Australia Law Journal is now in the library. This issue features the following...

Articles:

• Getting to grips with encroachments on freedoms in commonwealth laws: The ALRC Freedoms inquiry
• Why are decisions on family property so inconsistent?

High Court Reports:

• Alqudsi v The Queen
  • Betts v The Queen
  • Hall v Hall
  • Robinson Helicopter Co Inc v McDermott Sections: Current issues / Conveyancing and property / Overseas law / Environmental law / Recent cases / Book reviews / Obituary

• Gazette No 86 of 26 October 2016 (pages 2872-2873) Published: 26 October 2016
• Gazette No 85 of 21 October 2016 (pages 2870-2871) Published: 21 October 2016

• New York Review of Books
• Public Law
• Restitution Law Review
• Archbold Review
• The Bulletin
• IPBA Journal
• The Australian Law Journal

NSW Notifications

• Week Beginning 24 October 2016

NSW new or updated Bills

• Child Protection (Working with Children) and Other Child Protection Legislation Amendment Bill 2016
• Children and Young Persons (Care and Protection) Amendment (Protection from Serious Offenders) Bill 2016
• Climate Change Bill 2016
• Housing Legislation Amendment Bill 2016
• Justice Portfolio Legislation (Miscellaneous Amendments) Bill 2016
• Land Acquisition (Just Terms Compensation) Amendment Bill 2016
• Mining Amendment (Climate Protection New Coal Mines) Bill 2016
• Plastic Shopping Bags (Prohibition on Supply by Retailers) Bill 2016
• Statute Law (Miscellaneous Provisions) Bill (No 2) 2016
• Waste Avoidance and Resource Recovery Amendment (Container Deposit Scheme) Bill 2016

New As Made legislation

• Child Protection (Working with Children) and Other Child Protection Legislation Amendment Act 2016 No 56
• Electricity Generator Assets (Authorised Transactions) Act 2012 - Electricity Generator Assets (Authorised Transactions) Regulation 2016 (2016-630)
• Health Practitioner Regulation National Law (NSW) - Health Practitioner Regulation National Law Amendment (Midwife Insurance Exemption) Regulation 2016 (2016-639) Victorian Government Printer on 12 October 2016
• Hornsby Local Environmental Plan 2013 (Amendment No 10) (2016-634)
• Hornsby Local Environmental Plan 2013 (Amendment No 9) (2016-633)
• Housing Legislation Amendment Act 2016 No 53
• Justice Portfolio Legislation (Miscellaneous Amendments) Act 2016 No 54
• Ku-ring-gai Local Environmental Plan 2015 (Amendment No 12) (2016-635)
• Public Authorities (Financial Arrangements) Act 1987 - Public Authorities (Financial Arrangements) Amendment (Investment Powers) Regulation 2016 (2016-631)
• Rockdale Local Environmental Plan 2011 (Amendment No 14) (2016-636)
• Rockdale Local Environmental Plan 2011 (Amendment No 15) (2016-637)
• State Emergency and Rescue Management Act 1989 - Order regarding volunteers taking part in emergency operations (2016-640)
• Statute Law (Miscellaneous Provisions) Act (No 2) 2016 No 55
• The Hills Local Environmental Plan 2012 (Amendment No 37) (2016-638)
• Waste Avoidance and Resource Recovery Amendment (Container Deposit Scheme) Act 2016 No 57
• Water Management Act 2000 - Water Management (General) Amendment (Miscellaneous) Regulation 2016 (2016-632)
• Water Management Amendment Act 2014 - Commencement Proclamation (2016-629)

"Copyright is Not Inevitable, Divine, or Natural Right" - Last month a significant copyright lawsuit was settled in India that allows academia to continue to provide education for the majority of people. In 2012, a few large textbook publishers had brought a photocopying service and Delhi University to court over the practice of creating unlicensed course-packs and allowing students to photocopy portions of textbooks used in their classes. The Delhi High Court dismissed the case and held that course-packs and photocopies of chapters from textbooks are not infringing copyright, whether created by the university or a third-party contractor, and do not require a license or permission. Beyond the immense benefits to students and academics, the ruling had some interesting wording that gained attention online.

Continue reading via the ALA Intellectual Freedom blog. Article written by Ken Sawdon.

• Accountants' negligence and liability / Simon Salzedo and Tony Singla
• Defining issues in international arbitration : celebrating 100 years of the Chartered Institute of Arbitrators / Julio Cesar Betancourt (ed)
• Pro Bono partnerships and models – a practical guide to what works / Australian Pro Bono Centre
• Goode on commercial law / Ewan McKendrick
• Hayes & Eburn criminal law and procedure in New South Wales / Michael Eburn, Roderick Howie, Paul Sattler and Marissa Hood

Did you know we have resources on arbitration including books, serials, reports and electronic services? The resources available cover

• international arbitration
• commercial arbitration
• industrial arbitration

Latest Books:

• Defining issues in international arbitration : celebrating 100 years of the Chartered Institute of Arbitrators / Julio Cesar Betancourt (ed)
• The role of arbitration in shipping law / Miriam Goldby and Loukas Mistelis (eds)
• Singapore arbitration legislation : annotated / Robert Merkin and Johanna Hjalmarsson
• Jurisdiction and arbitration agreements and their enforcement / David Joseph
• The International Arbitration Act 1974 : a commentary / Malcolm Holmes and Chester Brown
• Australian commercial arbitration / John J Hockley, Clyde Croft, William KQ Ho and Kieran R Hickie

• The Federal Court Reports
• The State Reports (western Australia)
• Queensland Reports
• Lloyd's Law Reports - Insurance & reinsurance

A couple of weeks ago it was International Banned Books Week: Celebrating the Freedom to Read & in honor of this glorious celebration of freedom to read what we want, here is a list of books that have been banned at some point... for completely ridiculous reasons!

• Harriet the Spy, by Louise Fitzhugh Why: Because she SPIES (and lies and curses and sets a bad example for kids or whatever)—basically, because she does exactly what Louise Fitzhugh promises in the title. If anything, this is a lesson in honesty and truth in advertising. She could’ve called it Harriet, the Perfect Child but she didn’t, did she? Plus, show us an 11-year-old who isn’t lying and spying and making mischief from time to time, and we’ll show you that this 11-year-old is a cyborg in human skin.

• Little Red Riding Hood, by Brothers Grimm Why: In the 1987 version, which was adapted from the original fairy tale, Little Red Riding Hood was shown carrying a bottle of wine in her basket. But, ladies and gentlemen of the jury, we ask you this: What’s honestly the most disturbing thing about Little Red Riding Hood? Is it the fact that there’s a sentient wolf in her grandma’s pajamas? The fact that said wolf probably mauled said grandma to death? Oh, it’s the WINE? Really? Not the fact that the Brothers Grimm were always setting up scenarios where children might get eaten? Ok, as long as you’re sure. Glad everyone has their priorities straight.

• Where’s Waldo, by Martin Handford Why: Side boob. Seriously. Yes. In this hot mess of a book that’s supposed to make it difficult for you to find anything, someone managed to pick out an errant side boob in the beach scene of the 1987 version. Because, per usual, women’s bodies — even the cartoon ones — ruin everything and start wars and stuff. Avert your eyes forever.

• Where the Sidewalk Ends, by Shel Silverstein Why: The only reason there could possibly be: promoting cannibalism, which is something we all remember from our childhoods, right? Shel Silverstein wanted us to eat other humans. Oh, and some people who really care about their plates also got mad because Shel told kids to break dishes instead of washing them, and we have to keep our little indentured servants in line, right? We can’t have a bunch of whimsical poetry giving them any ideas.

• The Grapes of Wrath, by John Steinbeck Why: Vulgar language — but we kinda understand this one because, as all historical documents indicate, the Great Depression was named in jest. In reality, it was a time of widespread singing and dancing and feasts. Everyone had a really great time. So Steinbeck got it wrong with all that tenant farming and unemployment and hardship. It’s just not accurate. Why would anyone need vulgar language when the world was so awesome?

Other good ones: • The Catcher in the Rye, by J.D. Salinger: Pornographic. • My Friend Flicka, by Mary O’Hara: Uses the word “bitch” to describe a female dog when we ALL KNOW what the word “bitch” is really for. • The Diary of Anne Frank, by Anne Frank: “Too depressing” in one case, and in another case, she talked about genitals for a second and people got mad. • Lord of the Flies, by William Golding: Implies that man is nothing more than an animal (as in, the point of the whole book). • Brown Bear, Brown Bear, What Do You See?, by Bill Martin Jr.: Banned because an author with the same name as this book’s author (Bill Martin, no relation) — who, to be clear, is an entirely different person — was a Marxist who wrote a different book about Marxism and people don’t know how to check their facts.

This article was originally publised on Barnes and Noble.com

Australia's Top Two Legal Officers Are At War Over Government Advice; Careers are on the line as a dispute between Australia's two most senior legal officers comes to a head in Canberra as the Attorney-General George Brandis and Solicitor-General Justin Gleeson face off in Senate hearing today. On Wednesday, a Senate committee took evidence in an inquiry investigating the issue of a direction from Attorney-General George Brandis to the solicitor-general, Justin Gleeson. By the end of the day, the shadow attorney-general, Mark Dreyfus, was calling on Brandis to resign for misleading parliament and lying to the Australian people, or for the prime minister to sack him. So what has Brandis done – or is alleged to have done – that has led to these calls? Continue reading this story online via abc.net.au. For more information on the role of the Solicitor General, this 2016 publication is available in the library now; The role of the Solicitor-General : negotiating law, politics and the public interest by Gabrielle Appleby

New statistics from Bond University show more is needed to support lawyers and law students, or the future of the legal profession could be at risk. New research conducted by the university has revealed that one third of Australian solicitors, one third of Australian law students and one fifth of Australian barristers have reported elevated levels of psychological distress. The research also indicated that one third of law students reported increased levels of stress after their first year of study. Bond University faculty of law professor Rachael Field said this particular statistic was first reported in 2009 and has been consistently reinforced by various studies since then. Read More

Three of the 15 barristers to be appointed senior counsel in NSW in 2016 are women. The NSW Bar Association has announced its 2016 senior counsel roll call. A total of 15 barristers will receive the honour this year, three of whom are women. The number marks a growth in women silks by just over a quarter of a percentage point since 2014. Kate Williams, Katherine Richardson and Kara Shead have been recognised alongside their peers Christopher O’Donnell, Roger Marshall, Victor Kerr, Nicholas Chen, Adam Casselden, David Kell, Scott Goodman, Alexander Dawson, Jason Potts, Scott Nixon, Nicholas Owens and Doran Cook. The invitation to take silk is a mark of standing and recognises experience, skill, integrity and honesty, among other qualities. Barristers with the designation of senior counsel are given the abbreviated post-nominal ‘SC’ in their title. The esteemed list was announced last week by NSW Bar Association president Noel Hutley SC. This is the third consecutive year that three women have been invited to take silk in NSW, despite the overall number of appointees fluctuating between 18, 26 and 15 over the 2014-16 period. Statistics provided by the NSW Bar Association show that in that same period, the percentage of total women silks inched from 9.87 per cent to 10.13 per cent of total senior counsel in NSW. Women presently make up 21.6 per cent of barristers who hold a practising certificate in the state. According to the 2014 annual Women in NSW report, women held 33.8 per cent of positions at the bench of the NSW judiciary, with women practitioners making up only 20.8 per cent of the NSW bar. That same report described the proportion of women holding senior roles in the top echelons of the NSW legal profession as a “very low base”. Read More

A Youtube user has taken the contention out of Donald Trump and Hilary Clinton's debate on Sunday night and turned their encounter into... a duet! Many social media users had already likened the pair's circling of each during the debate as a song performance - and now this genius mash-up has reimagined Trump's circling of Clinton as a duet to Dirty Dancing theme song I've Had the Time of My Life. It's so great. Watch the video via youtube here!

• The role of the Solicitor-General : negotiating law, politics and the public interest / Gabrielle Appleby
• DNA evidence in the Australian legal system / Marcus Smith
• Drafting / Inns of Court School of Law
• Damages and human rights / Jason Varuhas
• What went wrong with money laundering law? / Peter Alldridge
• The boundaries of Australian property law / Hossein Esmaeili and Brendan Grigg
• Towns under siege : developments in Australian takeovers and schemes / Tony Damian and Clayton James (eds)
• Accountants' negligence and liability / Simon Salzedo and Tony Singla

• Law Society Journal - October
• The Economist
• Criminal Law News
• Psychiatry, Psychology and Law
• Proctor
• Brief

NSW new or updated Bills

• Building Professionals Amendment (Information) Bill 2016 Published: 13 October 2016
• Child Protection (Working with Children) and Other Child Protection Legislation Amendment Bill 2016 Published: 12 October 2016
• Civil Remedies for Serious Invasions of Privacy Bill 2016 Published: 13 October 2016
• Crimes (Administration of Sentences) Amendment Bill 2016 Published: 13 October 2016
• Education and Teaching Legislation Amendment Bill 2016 Published: 13 October 2016
• Fair Trading Amendment (Commercial Agents) Bill 2016 Published: 13 October 2016
• Housing Legislation Amendment Bill 2016 Published: 12 October 2016
• Industrial Relations Amendment (Industrial Court) Bill 2016 Published: 13 October 2016
• Justice Portfolio Legislation (Miscellaneous Amendments) Bill 2016 Published: 12 October 2016
• Social and Affordable Housing NSW Fund Bill 2016 Published: 13 October 2016
• Statute Law (Miscellaneous Provisions) Bill (No 2) 2016 Published: 12 October 2016
• Suitors€™ Fund Amendment (Costs of NCAT Appeals) Bill 2016 Published: 13 October 2016
• Waste Avoidance and Resource Recovery Amendment (Container Deposit Scheme) Bill 2016 Published: 12 October 2016
• Land and Property Information NSW (Authorised Transaction) Bill 2016 Published: 30 September 2016

New As Made legislation

• Bankstown Local Environmental Plan 2015 (Amendment No 4) (2016-616) Published: 7 October 2016
• Constitution Act 1902 - Administrative Arrangements (Administration of Acts—Amendment No 2) Order 2016 (2016-611) Published: 7 October 2016
• Constitution Act 1902 - Administrative Arrangements (Administrative Changes—Office of Penrith Lakes) Order 2016 (2016-612) Published: 7 October 2016
• Marine Legislation Amendment Act 2016 No 28 - Commencement Proclamation (2016-609) Published: 7 October 2016
• Marine Safety Act 1998 - Marine Safety Amendment Regulation 2016 (2016-613) Published: 7 October 2016
• Marine Safety Act 1998 No 121 - Commencement Proclamation (2016-610) Published: 7 October 2016
• Ports and Maritime Administration Act 1995 - Ports and Maritime Administration Amendment Regulation 2016 (2016-614) Published: 7 October 2016
• Public Holidays Act 2010 - Public Holidays Amendment (Muswellbrook Shire Council) Order 2016 (2016-618) Published: 7 October 2016
• Residential (Land Lease) Communities Act 2013 - Residential (Land Lease) Communities Amendment (Electricity Charge Calculation) Regulation 2016 (2016-615) Published: 7 October 2016
• Warringah Local Environmental Plan 2011 (Amendment No 18) (2016-617) Published: 7 October 2016

NSW new or updated in force legislation

• Administrative Changes Orders Published: 7 October 2016
• Allocation of the Administration of Acts Published: 7 October 2016
• Bail Act 2013 No 26 Published: 12 October 2016
• Bail Amendment Act 2015 No 44 Published: 12 October 2016
• Children (Criminal Proceedings) Act 1987 No 55 Published: 12 October 2016
• Community Housing Providers (Adoption of National Law) Act 2012 No 59 Published: 12 October 2016
• Crimes Act 1900 No 40 Published: 12 October 2016
• Crimes (Domestic and Personal Violence) Amendment (Review) Act 2016 No 33 Published: 12 October 2016
• Crimes (Sentencing Procedure) Act 1999 No 92 Published: 12 October 2016
• Criminal Procedure Act 1986 No 209 Published: 12 October 2016
• District Court Act 1973 No 9 Published: 12 October 2016
• Drug Misuse and Trafficking Act 1985 No 226 Published: 12 October 2016
• Drug Misuse and Trafficking Amendment (Drug Exhibits) Act 2016 No 6 Published: 12 October 2016
• Housing Act 2001 No 52 Published: 12 October 2016
• Land and Environment Court Act 1979 No 204 Published: 12 October 2016
• Statutory and Other Offices Remuneration Act 1975 (1976 No 4) Published: 12 October 2016
• Strata Schemes Management Act 2015 No 50 Published: 12 October 2016
• Supreme Court Act 1970 No 52 Published: 12 October 2016
• Surveillance Devices Act 2007 No 64 Published: 12 October 2016
• Warringah Local Environmental Plan 2011 Published: 7 October 2016
• Waste Avoidance and Resource Recovery Act 2001 No 58 Published: 12 October 2016

• Gazette No 81 of 7 October 2016 (pages 2740-2766)
• Gazette No 80 of 30 September 2016 (pages 2698-2739)

• Building Law Reports
• NSW Law Reports
• New Zealand Law Reports
• Victorian Reports
• Family Law Reports

Following the successful project to digitise the South Australian Government Gazette, we are pleased to let you know the final set has been made available on the AustLII website. The gazettes can now be accessed as follows:

• 1839-1998 http://www.austlii.edu.au/au/other/sa_gazette/
• 1999-current http://www.governmentgazette.sa.gov.au/gazette-archive/