Australia: NSW Government Bulletin - 20 May 2015

Last Updated: 25 May 2015
Article by Sylvia Fernandez, Christine Jones and Kim Nguyen

Most Read Contributor in Australia, September 2016

In Friends of King Edward Park Inc v Newcastle City Council (No 2) [2015] NSWLEC 76 (Friends of KE), the NSW Land and Environment Court (LEC), found that a development consent granted for a function centre on land reserved for public recreation was invalid. The LEC has also confirmed that land reserved for "public recreation" must not be developed for a purpose which generally excludes the public.

Key lessons for government

The case highlights for decision makers the importance of ensuring that there is sufficient documentary evidence to demonstrate that all mandatory considerations have been taken into account when exercising functions and making decisions. This is particularly important where the decision is contentious and likely to be the subject of judicial review proceedings.

Click here... to read more in our case note on Friends of KE.

In other news, the NSW government's legislative response to the decision of the High Court in ICAC v Cunneen has passed both houses. The Independent Commission Against Corruption Amendment (Validation) Act 2015 (NSW), which validates findings and activities of the Commission of the type the High Court has found to be outside the Commission's powers, is subject of a challenge by Travers Duncan.

To start a conversation about Government Bulletin or issues of interest to NSW government lawyers, join the LinkedIn group NSW Government Lawyers by clicking on this link. Membership is open to lawyers employed in the public sector.

In the media

Travers Duncan asks High Court to strike down ICAC validation laws
The High Court has been asked to strike down retrospective laws passed by the NSW Parliament to validate a swath of corruption findings, in the latest front in a legal battle against the Independent Commission Against Corruption (18 May 2015) More...

Baird's plan to decide future of ICAC
The Coalition government passed a bill to review theIndependent Commission Against Corruption (ICAC) and determine its jurisdiction following a high court ruling that the commission would not be allowed to investigate Crown prosecutor Margaret Cunneen. The panel will report on ICAC's jurisdiction, its appropriate powers, and consider whether any limits or extra powers should be applied to the Commission (14 May 2015) More...

James Packer's Crown could face legal challenge over Barangaroo, Echo Entertainment says
Echo said a social impact assessment would help to gain an overall environmental view of Crown's proposal and included a legal assessment that said the modifications "would be open to judicial review proceedings in Class 4 of the Land and Environment Court's jurisdiction" (12 May 2015) More...

NSW contaminated in comparison to Victoria, says minister on corruption
Special Minister of State Gavin Jennings says it is important to balance the pursuit of corruption against the protection of individual rights and privacy, describing NSW politics and government as more "contaminated". Mr Jennings is reviewing the entire integrity system, including IBAC, the Ombudsman and Auditor-General, freedom of information, and political donations (12 May 2015) More...

Commissioner seeks change to privacy act
The Privacy Commissioner, Elizabeth Coombs has called for amendments to the State's privacy laws to provide better protections for individuals and assist public sector Agencies in applying the laws (13 May 2015) More...
The Privacy Commissioner's full report can be found at this PS News link.

Hunter businessmen take legal action against the ICAC
Several Hunter Valley businessmen are the latest to challenge corruption findings, at a time when the Government's moving to ensure the Independent Commission Against Corruption's previous findings stand (11 May 2015) More...

NSW uses Open Data to name and shame shonky businesses
The state's Minister for Innovation and Better Regulation, Victor Dominello, is now compelling the consumer watchdog to finally publish its full complaints statistics as part of the Baird government's concerted open data push (07 May 2015) More... See NSW to release consumer complaints data

NSW ICAC findings to stand after Parliament passes legislation
New laws that validate past findings of the New South Wales ICAC have come into effect after a swift passage through Parliament overnight. The legislation protects the corruption watchdog's actions to date in current inquiries, including the Australian Water Holdings and Liberal political donations scandals (07 May 2015) More...

New South Wales joins Commonwealth-State efforts to tackle child exploitation
Child protection officers from New South Wales Police Force and the Australian Federal Police (AFP) will join together to target those who prey on the youngest and most vulnerable members of our society with the establishment of a Joint Anti-Child Exploitation Team (JACET) and an education program about keeping children safe online (06 May 2015) 6 May 2015—New South Wales joins Commonwealth-State efforts to tackle child exploitation

Baird promises laws to protect old ICAC findings, orders new review
The Mike Baird government in NSW has vowed to rush through special new legislation to protect previous findings of corruption made by the state's ICAC to head off legal action by targets named and shamed by the watchdog. The recent High Court decision questions the extent of what ICAC could probe and the legal definition of corrupt conduct (05 May 2015) More...

In practice and courts

NCAT Communications Strategy 2015-2018
To raise awareness and understanding about NCAT and to promote and maintain confidence in its role in the NSW civil justice system (04 May 2015)
NCAT Communications Strategy 2015-2018

ICAC: Public inquiry into allegations concerning NSW Rural Fire Service catering supply and other matters
The ICAC will hold a public inquiry starting on 1 June 2015 as part of an investigation it is conducting into allegations concerning alleged corrupt payments related to the supply of catering and other products to the NSW Rural Fire Service(Operation Vika) (11 May 2015)
Public inquiry into allegations concerning NSW Rural Fire Service catering supply and other matters

Commonwealth High Court: Public Lecture 2015
The High Court has announced that it will hold a public lecture titled Magna Carta and the Development of the Common Law to be held on 13 May 2015 in Canberra. Registrations for the event can be made by using the online form by 4 May 2015.
Further information from the High Court

Australian Public Sector Anti-Corruption Conference: APSACC 2015
The fifth Australian Public Sector Anti-Corruption Conference (APSACC) will be held 17 to 19 November 2015 at the Brisbane Convention and Entertainment Centre, South Bank. More...

Published – articles, papers, reports

Domestic and Family Violence
NSW Parliamentary Research Service May 2015 Briefing Paper No 5/2015
As shown by recent policy reform in NSW, and the completion or commencement of several inquiries into the issue, domestic and family violence is firmly on the agenda of policy formulation and public debate in Australia Domestic and Family Violence

ICAC v Cunneen: the power to investigate corrupt conduct
NSW Parliamentary Research Service May 2015 e-brief 3 / 2015
The decision in ICAC v Cunneen presents an opportunity for a thorough reconsideration of the appropriate scope and nature of the Commission's powers
ICAC v Cunneen: the power to investigate corrupt conduct

Report of the Privacy Commissioner under Section 61B of the Privacy and Personal Information Protection Act 1998.
How well has the NSW Privacy and Personal Information Protection Act 1998 been operating and what challenges are posed to NSW's privacy regime? The Privacy Commissioner's full report can be found at this PS News link.


Tebbutt v Minister for Lands and Water [2015] NSWCATAD 95
GOVERNMENT INFORMATION - Conclusive presumption of overriding public interest against disclosure – Information that would be privileged from production on the ground of client legal privilege – Meaning of "client" – Whether a Minister is the State for the purposes of the definition of "client" in the Evidence Act 1995 GOVERNMENT INFORMATION - Conclusive presumption of overriding public interest against disclosure – Information subject to parliamentary privilege – Scope of parliamentary privilege - Whether information in house notes prepared for a standing committee is subject to parliamentary privilege More...

Rumble v Liverpool Plains Shire Council [2015] NSWCA 125
CONSTITUTIONAL LAW – whether laws establishing local councils invalid – The Municipal Council of Sydney v The Commonwealth (1904) 1 CLR 208 applied JUDGMENTS AND ORDERS – effect of orders of superior court of record – contempt of court – whether variation of substantive order on appeal affects contempt of court – State of New South Wales v Kable [2013] HCA 26; 252 CLR 118 applied LOCAL GOVERNMENT – powers of councils – whether council has power to constrain unlawful use of land More...

Adrenaline Pty Ltd v Bathurst Regional Council [2015] NSWCA 123
APPEALS - notice of contention - whether respondent permitted to raise defences not run at trial - Council not permitted to run defences of causation or change of position STATUTORY CONSTRUCTION - multiple sources of power - where some sources of power expressly qualified - Anthony Hordern principle - relevance of belief of Council officers - relevance of text and structure of Act More...

Tyson v Director-General, Department of Finance and Services, NSW Fair Trading [2015] NSWCATOD 45
ADMINISTRATIVE LAW - administrative review of decision to refuse the applicant's application for a supervisor certificate – applicant an undischarged bankrupt – applicant a director of an externally-administered company that was voluntarily wound up - whether applicant took all reasonable steps to avoid bankruptcy – whether the applicant is a fit and proper person to be issued with a supervisor certificate – application of relevant home building legislation. More...

Minister for Resources and Energy v Gold and Copper Resources Pty Ltd [2015] NSWCA 113
ADMINISTRATIVE LAW – judicial review sought by the Minister of an order made by the Land and Environment Court under UCPR r 59.9(4) requiring the Minister provide reasons for a decision – the order was made despite the Court striking out the sole ground of review of the Minister's decision – effect of striking out a ground as an abuse of process – whether the Land and Environment Court had power to order the Minister to provide reasons – whether, assuming power, the Court's discretion miscarried – whether the proceedings in the Land and Environment Court should have been dismissed More...



Acts assented

Independent Commission Against Corruption Amendment (Validation) Bill 2015
Assented 6 May 2015 - Act No 1 of 2015. Second reading speech on 6 May 2015. An Act to amend the Independent Commission Against Corruption Act 1988 to validate certain previous actions of the Independent Commission Against Corruption.

Courts and Crimes Legislation Amendment Bill 2015
Assented 15 May 2015 - Act No 2 of 2015. Second reading speech on 6 May 2015. According to the explanatory note, the objectives of the Bill are to:

amend the Civil and Administrative Tribunal Act 2013 No. 2 (NSW) to make further provision with respect to the powers of the Civil and Administrative Tribunal (the Tribunal) with respect to the representation of parties to proceedings;

amend the Guardianship Act 1987 No. 257 (NSW) to confer additional powers on the Tribunal in connection with the determination of proceedings under that Act; and

amend the Oaths Act 1900 No. 20 (NSW), to enable justices of the peace to witness certain interstate and Commonwealth oaths, affidavits and statutory declarations; and

amend the NSW Trustee and Guardian Act 2009 No. 49 (NSW), to enable the Mental Health Review Tribunal to revoke financial management orders made under the Act in respect of certain current or former patients admitted to mental health facilities.

Introduced Government

Crimes Legislation Amendment (Child Sex Offences) Bill 2015
Amends penalties and Crimes (Sentencing Procedure) Act 1999 to establish standard non-parole periods for various child sex offences under the Crimes Act 1900

Independent Pricing and Regulatory Tribunal Amendment (Accredited State Water Regulator) Bill 2015 Legislative Council 12/5/2015 Introduced and read a first time. This Bill is for an Act to amend the Independent Pricing and Regulatory Tribunal Act 1992 to enable the Tribunal to approve or determine charges for the provision of certain water infrastructure services

Regulations and other miscellaneous instruments

Supreme Court (Amendment No 428) Rule 2015 (2015-193) — published LW 8 May 2015 The objects of this Rule are to clarify the documents that must accompany an application for the resealing of a foreign grant and to correct certain terminology.

Uniform Civil Procedure (Amendment No 71) Rule 2015 (2015-194) — published LW 8 May 2015 The object of this Rule is to provide that a defendant to an appeal who objects to the competency of the appeal is required to file a notice of motion for an order dismissing the appeal as incompetent.

Uniform Civil Procedure (Amendment No 72) Rule 2015 (2015-195) — published LW 8 May 2015 The object of this Rule is to allow a notice of proposed dismissal of proceedings in the Supreme Court or the Land and Environment Court to be served by email, instead of by post only, following 5 months in which no party has taken any step in the proceedings.

This publication does not deal with every important topic or change in law and is not intended to be relied upon as a substitute for legal or other advice that may be relevant to the reader's specific circumstances. If you have found this publication of interest and would like to know more or wish to obtain legal advice relevant to your circumstances please contact one of the named individuals listed.

To print this article, all you need is to be registered on

Click to Login as an existing user or Register so you can print this article.

Christine Jones
Kim Nguyen
Some comments from our readers…
“The articles are extremely timely and highly applicable”
“I often find critical information not available elsewhere”
“As in-house counsel, Mondaq’s service is of great value”

Mondaq Advice Centre (MACs)
Up-coming Events Search
Font Size:
Mondaq on Twitter
Register for Access and our Free Biweekly Alert for
This service is completely free. Access 250,000 archived articles from 100+ countries and get a personalised email twice a week covering developments (and yes, our lawyers like to think you’ve read our Disclaimer).
Email Address
Company Name
Confirm Password
Mondaq Topics -- Select your Interests
 Law Performance
 Law Practice
 Media & IT
 Real Estate
 Wealth Mgt
Asia Pacific
European Union
Latin America
Middle East
United States
Worldwide Updates
Check to state you have read and
agree to our Terms and Conditions

Terms & Conditions and Privacy Statement (the Website) is owned and managed by Mondaq Ltd and as a user you are granted a non-exclusive, revocable license to access the Website under its terms and conditions of use. Your use of the Website constitutes your agreement to the following terms and conditions of use. Mondaq Ltd may terminate your use of the Website if you are in breach of these terms and conditions or if Mondaq Ltd decides to terminate your license of use for whatever reason.

Use of

You may use the Website but are required to register as a user if you wish to read the full text of the content and articles available (the Content). You may not modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, link, display, or in any way exploit any of the Content, in whole or in part, except as expressly permitted in these terms & conditions or with the prior written consent of Mondaq Ltd. You may not use electronic or other means to extract details or information about’s content, users or contributors in order to offer them any services or products which compete directly or indirectly with Mondaq Ltd’s services and products.


Mondaq Ltd and/or its respective suppliers make no representations about the suitability of the information contained in the documents and related graphics published on this server for any purpose. All such documents and related graphics are provided "as is" without warranty of any kind. Mondaq Ltd and/or its respective suppliers hereby disclaim all warranties and conditions with regard to this information, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement. In no event shall Mondaq Ltd and/or its respective suppliers be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use or performance of information available from this server.

The documents and related graphics published on this server could include technical inaccuracies or typographical errors. Changes are periodically added to the information herein. Mondaq Ltd and/or its respective suppliers may make improvements and/or changes in the product(s) and/or the program(s) described herein at any time.


Mondaq Ltd requires you to register and provide information that personally identifies you, including what sort of information you are interested in, for three primary purposes:

  • To allow you to personalize the Mondaq websites you are visiting.
  • To enable features such as password reminder, newsletter alerts, email a colleague, and linking from Mondaq (and its affiliate sites) to your website.
  • To produce demographic feedback for our information providers who provide information free for your use.

Mondaq (and its affiliate sites) do not sell or provide your details to third parties other than information providers. The reason we provide our information providers with this information is so that they can measure the response their articles are receiving and provide you with information about their products and services.

If you do not want us to provide your name and email address you may opt out by clicking here .

If you do not wish to receive any future announcements of products and services offered by Mondaq by clicking here .

Information Collection and Use

We require site users to register with Mondaq (and its affiliate sites) to view the free information on the site. We also collect information from our users at several different points on the websites: this is so that we can customise the sites according to individual usage, provide 'session-aware' functionality, and ensure that content is acquired and developed appropriately. This gives us an overall picture of our user profiles, which in turn shows to our Editorial Contributors the type of person they are reaching by posting articles on Mondaq (and its affiliate sites) – meaning more free content for registered users.

We are only able to provide the material on the Mondaq (and its affiliate sites) site free to site visitors because we can pass on information about the pages that users are viewing and the personal information users provide to us (e.g. email addresses) to reputable contributing firms such as law firms who author those pages. We do not sell or rent information to anyone else other than the authors of those pages, who may change from time to time. Should you wish us not to disclose your details to any of these parties, please tick the box above or tick the box marked "Opt out of Registration Information Disclosure" on the Your Profile page. We and our author organisations may only contact you via email or other means if you allow us to do so. Users can opt out of contact when they register on the site, or send an email to with “no disclosure” in the subject heading

Mondaq News Alerts

In order to receive Mondaq News Alerts, users have to complete a separate registration form. This is a personalised service where users choose regions and topics of interest and we send it only to those users who have requested it. Users can stop receiving these Alerts by going to the Mondaq News Alerts page and deselecting all interest areas. In the same way users can amend their personal preferences to add or remove subject areas.


A cookie is a small text file written to a user’s hard drive that contains an identifying user number. The cookies do not contain any personal information about users. We use the cookie so users do not have to log in every time they use the service and the cookie will automatically expire if you do not visit the Mondaq website (or its affiliate sites) for 12 months. We also use the cookie to personalise a user's experience of the site (for example to show information specific to a user's region). As the Mondaq sites are fully personalised and cookies are essential to its core technology the site will function unpredictably with browsers that do not support cookies - or where cookies are disabled (in these circumstances we advise you to attempt to locate the information you require elsewhere on the web). However if you are concerned about the presence of a Mondaq cookie on your machine you can also choose to expire the cookie immediately (remove it) by selecting the 'Log Off' menu option as the last thing you do when you use the site.

Some of our business partners may use cookies on our site (for example, advertisers). However, we have no access to or control over these cookies and we are not aware of any at present that do so.

Log Files

We use IP addresses to analyse trends, administer the site, track movement, and gather broad demographic information for aggregate use. IP addresses are not linked to personally identifiable information.


This web site contains links to other sites. Please be aware that Mondaq (or its affiliate sites) are not responsible for the privacy practices of such other sites. We encourage our users to be aware when they leave our site and to read the privacy statements of these third party sites. This privacy statement applies solely to information collected by this Web site.

Surveys & Contests

From time-to-time our site requests information from users via surveys or contests. Participation in these surveys or contests is completely voluntary and the user therefore has a choice whether or not to disclose any information requested. Information requested may include contact information (such as name and delivery address), and demographic information (such as postcode, age level). Contact information will be used to notify the winners and award prizes. Survey information will be used for purposes of monitoring or improving the functionality of the site.


If a user elects to use our referral service for informing a friend about our site, we ask them for the friend’s name and email address. Mondaq stores this information and may contact the friend to invite them to register with Mondaq, but they will not be contacted more than once. The friend may contact Mondaq to request the removal of this information from our database.


This website takes every reasonable precaution to protect our users’ information. When users submit sensitive information via the website, your information is protected using firewalls and other security technology. If you have any questions about the security at our website, you can send an email to

Correcting/Updating Personal Information

If a user’s personally identifiable information changes (such as postcode), or if a user no longer desires our service, we will endeavour to provide a way to correct, update or remove that user’s personal data provided to us. This can usually be done at the “Your Profile” page or by sending an email to

Notification of Changes

If we decide to change our Terms & Conditions or Privacy Policy, we will post those changes on our site so our users are always aware of what information we collect, how we use it, and under what circumstances, if any, we disclose it. If at any point we decide to use personally identifiable information in a manner different from that stated at the time it was collected, we will notify users by way of an email. Users will have a choice as to whether or not we use their information in this different manner. We will use information in accordance with the privacy policy under which the information was collected.

How to contact Mondaq

You can contact us with comments or queries at

If for some reason you believe Mondaq Ltd. has not adhered to these principles, please notify us by e-mail at and we will use commercially reasonable efforts to determine and correct the problem promptly.