Australia: NSW Government Bulletin - 30 April 2014

Last Updated: 2 May 2014
Most Read Contributor in Australia, September 2016

The New South Wales Law Reform Commission (NSWLRC) has released a Consultation Paper Dispute resolution: frameworks in NSW (CP16).

The Consultation Paper is published as part of the NSWLRC's inquiry aimed at improving legislative provisions dealing with alternative dispute resolution (ADR), the terms of reference for which are to review the statutory provisions that provide for mediation and other forms of alternative dispute resolution with a view to updating those provisions and, where appropriate, recommending a consistent models or models for dispute resolution in statutory contexts, including court ordered mediation and alternative dispute resolution. The context for the review identified by the NSWLRC is a legislative landscape of around 50 statutes providing for a variety of forms of ADR.

The issues dealt with in the Consultation Paper include whether existing legislation appropriately encourages ADR and whether there are suitable safeguards for ADR to be conducted justly.

The closing date for submissions in response to the Consultation Paper is Monday 17 June 2014. The Consultation Paper will be of interest to NSW government lawyers representing their agencies as frequent users of ADR and insofar as their agencies administer legislation providing for ADR in NSW.

In the media

Premier Mike Baird urged to review NSW water services contracts

Premier Mike Baird has been warned against further privatisation of water and sewerage services in response to corruption allegations that Australian Water Holdings exploited taxpayers' money under a government contract (23 April 2014). More...

Operation Spicer public inquiry to commence Monday 28 April 2014

The ICAC's public inquiry into allegations that certain members of parliament and others corruptly solicited and concealed payments from various sources in return for certain members of parliament and others favouring the interests of those responsible for the payments (Operation Spicer) will commence next Monday 28 April 2014 (24 April 2014). More...

Land access arbitration process to be examined

Minister for Resources and Energy announces an independent examination of the arbitration process across the State in relation to land access agreements. Concerns have been raised about arbitrators and perceived conflicts of interest. The NSW Government has appointed Bret Walker SC as the legal counsel to oversee the analysis (15 April 2014). More...

In practice and courts

NSWLRC: Statutory review consultation paper: Statutory provisions on dispute resolution

This Consultation Paper (CP16) was released on 23 April 2014 and provides an overview of the statutory provisions for dispute resolution. It asks what provisions are appropriate in the variety of contexts which the existing provisions cover. More...

New Judicial Appointment
Former Attorney General Greg Smith announced the appointment of Helen Wilson to the District Court on 16 April 2014, with Ms Wilson to be sworn in on 28 April 2014. According to Mr Smith, Ms Wilson has been extensively involved in criminal law matters, with 15 years of experience as a barrister and a Crown Prosecutor Attorney General's media release (16 April 2014)

PC Draft Report: Access to Justice Arrangements
The Productivity Commission (PC) has released Draft Report - Access to Justice Arrangements and the accompanying overview for public comment, closing on 21 May 2014. The draft report contains the findings of the PC inquiry into Australia's civil dispute resolution system and its recommendations for constraining costs and promoting access to justice. A final report is due by September 2014. More...

Justices of the Peace Amendment (Code of Conduct) NSW
The Justices of the Peace Amendment (Code of Conduct) Regulation 2014 No. 175 (NSW) amends the Justices of the Peace Regulation 2009 No. 315 (NSW). The objective of the amending Regulation is to amend the prescribed code of conduct for justices of the peace appointed under the Justices of the Peace Act 2002 No. 27 (NSW). The amending Regulation will commence on 1 May 2014.

National Investigations Symposium 2014

The 10th National Investigations Symposium will be held from 5 - 7 November 2014 at the Four Seasons Hotel, Sydney. This biennial event, for public sector investigators and complaint-handlers, is run by the NSW ICAC, NSW Ombudsman and the Institute of Public Administration Australia (NSW Division).To express interest in attending the 2014 symposium, visit the IPAA NSW website.


Whiteoak v State of New South Wales [2014] NSWCATAD 45

The Applicant's complaint that he was discriminated against by the Respondent in breach of s 19 of the Anti-Discrimination Act 1977 in the decision of the Respondent to classify him as C1 on 15 December 2008 is substantiated.

ADMINISTRATIVE LAW - Civil and Administrative Tribunal (NSW) - Administrative and Equal Opportunity Division - discrimination - on grounds of race - direct discrimination - goods and services - causation - damages for loss of opportunity - ancillary orders – costs. More...

Howarth v Gosford City Council (No 2) [2014] NSWLEC 40

The amended summons is dismissed. JUDICIAL REVIEW: DEVELOPMENT CONSENT: deferred commencement conditions; whether deferred commencement condition valid; whether deferred commencement condition satisfied; whether unreasonably satisfied; discretion; whether a s 25B order under the Land and Environment Court Act 1979 should be made. More...



Proclamations commencing Acts

Bail Act 2013 No 26 (2014-234) — published LW 24 April 2014

This Proclamation appoints 20 May 2014 as the day on which the Bail Act 2013 commences.
This Proclamation appoints 20 May 2014 as the day on which the Bail (Consequential Amendments) Act 2014 commences.
This proclamation appoints 21 April 2014 as the day on which the Building and Construction Industry Security of Payment Amendment Act 2013 commences.

Bail (Consequential Amendments) Act 2014 No 5 (2014-235) — published LW 24 April 2014

Building and Construction Industry Security of Payment Amendment Act 2013 No 3 (2014-182) – published LW 9 April 2014

Regulations and other miscellaneous instruments

Administrative Arrangements (Administration of Acts—General) Order 2014 (2014-232) — published LW 23 April 2014. This Order allocates the administration of Acts listed in Schedule 1 of the Order to certain Ministers.

Administrative Arrangements (Administrative Changes—Ministers and Public Service Agencies) Order 2014 (2014-233) — published LW 23 April 2014. Amongst changes to Ministers to whom certain public service agencies are responsible, this order changes the names of the following departments:

  • the Department of Attorney General and Justice to the Department of Police and Justice;
  • the Department of Finance and Services to the Office of Finance and Services; and
  • Planning and Infrastructure to the Department of Planning and Environment.

The object of this Regulation is to make provision for the making and recording of decisions of who is an acceptable person to enter into a bail security agreement and requires an application for discharge of liability under a bail security agreement to be made in an approved form.
This order regulates the construction of references to Ministers i.e. a reference to any Minister of a specified description (other than the Premier, the Deputy Premier, the Minister for Transport or the Minister for Education) is to be construed as a reference to either the Premier or the Deputy Premier.

Bail Amendment Regulation 2014 (2014-236) — published LW 24 April 2014

Administrative Arrangements (Interim Ministerial Changes) Order 2014 (2014-231) — published LW 17 April 2014

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