In the media

Interim NSW Government response to the Special Commission of Inquiry into the Drug "Ice"
The NSW Government has responded the Report of the Special Commission of Inquiry in the Drug "Ice"). More...

Upper House Committee Releases its Report into the long term sustainability and future of the timber and forest products industry
The Legislative Council Portfolio Committee No. 4 – Customer Service and Natural Resources has today handed down its report into the long term sustainability and future of the timber and forest products industry. More...

NSW trade job inquiry forced to delay hearings due to fight over sensitive documents
There is a delay in the NSW trade job inquiry due to contended claims of legal privilege over documents which are critical to its resumption (26 September 2022). More...

How the rail union's latest industrial action could cost the NSW government $2 million a day
The rail union's proposed plan to shut down the NSW transport network's Opal card readers is set to cost the NSW government approximately $2 million every day, after the premier initially threatened to terminate the enterprise agreement (20 September 2022). More...

Publications- articles, papers and reports

Statement of Regulatory Intent- Property and Stock Agents Regulation 2022
This statement of regulatory intent sets out the compliance and enforcement approach of NSW Fair Trading for new regulatory obligations on agents in the Property and Stock Agents Regulation 2022 (the Regulation). The Regulation starts on 1 September 2022 (21 September 2022). More...

Carbon credit income from FOGO
NSW councils may be able to use Australian carbon credits as an income source to help roll out new FOGO services (26 September 2022). More...

Guidelines- Circular Materials Fund: Circular Plastics Program Round 1
This is an initiative by the NSW Government on managing plastic waste. The Circular Plastics Program is to reduce barriers and maximise opportunities for circularity at a certain phase of the plastic product life cycle (22 September 2022). More...

Customer Satisfaction Index
This publication provides the level of Customer Satisfaction levels across all public transport, roads and 'point to point' transport services. It enables operators and agencies to drive accountability for continual improvement (15 September 2022). More...

NSW partner projects offer win-win for international students
The NSW partner projects intend to boost the employability of international students and promote wellbeing and support the recovery of the NSW international education sector with a share of $400,000. More (19 September 2022). More...

NSW Government leads the way as family and domestic violence leave provisions enhanced for all NSW public sector employees
The NSW Government has decided to double family and domestic violence leave provisions for all NSW public sector workers after discussion with unions, Government employers and family and domestic violence experts (23 September 2022). More...

New South Wales government to introduce 'no body no parole' laws following Chris Dawson verdict
In light of the Chris Dawson verdict, the NSW government has proposed a bill which would prevent the State Parole Authority from granting parole to a prisoner unless they cooperate with authorities on the victim's whereabouts (20 September 2022). More...

Landmark investment into alcohol and other drug services as part of the response to the ICE Inquiry
The NSW Government has announced a half-a-billion dollar investment to deliver targeted health and justice reforms as part of its final response to the Special Commission of Inquiry into the Drug Ice. Illicit drugs will remain illegal, with this investment aimed at breaking the cycle of drug use (21 September 2022). More...

Report into the long term sustainability and future of the timber and forest products industry
This inquiry was established to inquire into and report on the long term sustainability and future of the timber and forest products industry. It has now reported on its findings. More...

Practice and Courts

AAT Bulletin Issue No. 19/2022
The AAT Bulletin is a fortnightly publication containing information about recently published decisions and appeals against decisions in the AAT's General, Freedom of Information, National Disability Insurance Scheme, Security, Small Business Taxation, Taxation & Commercial and Veterans' Appeals Divisions (19 September 2022). Read more here.

NSW Court of Appeal- Decisions reserved as at 23 September 2022. Read more here.

NSW public procurement and modern slavery- Discussion Paper, September 2022
This discussion paper discusses issues in developing the framework for changes to NSW public procurement to align with sustainable development goals. They require government agencies and local councils to take "reasonable steps" to ensure that goods and services which are procured are not from modern slavery. Responses to this Discussion Paper are invited until 25 November 2022. Read more here.

Cases

Miller v Secretary, Department of Communities and Justice [2022] NSWCA 190
WORKERS COMPENSATION – Disease injury – Aggravation, acceleration, exacerbation, or deterioration in the course of employment – Where the deceased suffered an asthma attack causing cardiac arrest and anoxia, and ultimately resulting in her death, during the course of her employment – Where appellants initially pleaded the injury as an "asthma attack" – Where appellants brought a second claim for compensation pleading the injury as "cardiac arrest and anoxia" – Whether Anshun estoppel precluded the appellants from bringing the second claim

Bankruptcy Act 1966 (Cth); Compensation Courts Act 1984 (NSW); District Court Act 1973 (NSW); Personal Injury Commission Act 2020 (NSW); Workers Compensation Act 1971 (SA); Workers Compensation Act 1987 (NSW); Workers Rehabilitation and Compensation Act 1986 (SA); Workmen's Compensation Act 1971 (SA); Workplace Injury Management and Workers Compensation Act 1998 (NSW)

Eggleton v Secretary, Department of Communities and Justice [2022] NSWCATAD 310
ADMINISTRATIVE LAW – administrative review – Government information – onus of proof - scope of GIPA application - reasonable searches - access and form of access – confidential hearing and evidence

Civil and Administrative Tribunal Act 2011 (WA); Civil and Administrative Tribunal Act 2013 (NSW); Crimes (Administration of Sentences) Act 1999 (NSW); Crimes (Administration of Sentences) Regulation 2014 (NSW); Evidence Act 1995 (NSW); Freedom of Information Act 1982 (Vic); Government Information (Public Access) Act 2009 (NSW); Government Sector Employment Act 2013 (NSW); Industrial Relations Act 1996 (NSW); Privacy and Personal Information Protection Act; State Records Act 1998 (NSW); Work Health and Safety Act 2011 (NSW)

Derikuca v Secretary, Department of Education [2022] NSWSC 1239
ADMINISTRATIVE LAW – existence of legislative authority for conduct by Secretary of Department – plaintiff not employee of defendant – legislative authority confined to employees – certiorari issued

CONTRACT – privity of contract – powers under contract – different entity granted contractual power – no authority under contract

TORTS – economic torts – intentional inducing of breach of contract – remedies

Competition and Consumer Act 2010 (Cth); Education (School Administrative and Support Staff) Act 1987 (NSW); Teaching Service Act 1980 (NSW); Work Health and Safety Act 2011 (NSW); Supreme Court Act 1970 (NSW)

Zaki Property Pty Ltd v Wollongong City Council [2022] NSWLEC 1526
DEVELOPMENT APPLICATION – centre-based childcare centre – flood prone land – childcare centres as an "unsuitable land use" in the site circumstances – appropriateness of adopted "Manning's coefficient" or "n value" (roughness factor) in flood modelling – whether the proposed development would result in an unacceptable increase in flooding on-site or off-site – adequacy of proposed Flood Emergency Response Plan as responses to flood risk – appropriateness of "shelter in place" during flood events – applicability of clause 5.21 of standard instrument

Environmental Planning and Assessment Act 1979; Standard Instrument (Local Environmental Plans) Amendment (Floor Planning) Order 2021; Standard Instrument (Local Environmental Plans Amendment Order 2007; Standard Instrument (Local Environmental Plans) Order 2006; State Environment Planning Policy (Educational Establishments and Child Care Facilities) 2107; State Environmental Planning Policy (Transport and Infrastructure) 2021; State Environmental Planning Policy Amendment (Flood Planning) 2021; Wollongong Local Environmental Plan 2009

The Owners – Strata Plan No 50723 v The Council of the City of Sydney [2022] NSWLEC 1518
DEVELOPMENT APPLICATION – appeal against condition of consent – alterations and additions to existing commercial building – whether proposed development exhibits design excellence – effect on heritage significance of heritage item – pedestrian amenity in City of Sydney

Environmental Planning and Assessment Act 1979; Sydney Local Environmental Plan 2012; Land and Environment Court Act 1979; Environmental Planning and Assessment Regulation 2000

Norman v Central Coast Council [2022] NSWLEC 120
JUDICIAL REVIEW: whether deferred development consent condition imposing a 12 month time limit for compliance with conditions validly imposed by the council – condition invalid

STATUTORY CONSTRUCTION: principles of construction – where provisions of legislation contradictory– presumption against surplusage – presumption that provisions of legislation are to be construed harmoniously – use of extrinsic material to assist in the construction of legislation – whether drafting error in Covid-19 emergency measures legislation amending principal Act – statute read down to avoid inconsistency

Covid-19 Legislation Amendment (Emergency Measures- Miscellaneous) Act 2020; Environment Planning and Assessment Regulation 2000; Covid-19 Legislation Amendment (Emergency Measures- Miscellaneous) Bill 2020; Environmental Planning and Assessment Act 1979; Interpretation Act 1987; Judiciary Act 1903 (Cth); Uniform Civil Procedure Rules 2005

McEwan v Port Stephens Council [2022] NSWCATAP 300
GOVERNMENT INFORMATION – application of s 107 of the Government Information (Public Access) Act 2009 (NSW) - revocation of non-publication orders – interlocutory decision – ancillary decision PROCEDURAL FAIRNESS – dispensing with an oral hearing – irrelevant matters – failure to deal with substance of the application – new evidence

Administrative Decisions Review Act 1997 (NSW); Civil and Administrative Tribunal Act 2013 (NSW); Civil and Administrative Tribunal Rules 2014 (NSW); Government Information (Public Access) Act 2009 (NSW)

FKV v Nambucca Valley Council [2022] NSWCATAD 309
ADMINISTRATIVE LAW - Privacy – Personal Information – whether conduct constitutes a breach of privacy – whether other legislation overrides privacy legislation – s 25 PPIP Act - scope of jurisdiction of Tribunal – whether information held

Administrative Decisions Review Act 1997 (NSW); Civil and Administrative Tribunal Act 2013 (NSW); Local Government Act 1993 (NSW); Privacy and Personal Information Protection Act 1998 (NSW)\

Legislation

New South Wales Legislation

Proclamations commencing Acts
COVID-19 and Other Legislation Amendment (Regulatory Reforms) Act 2022 No 5 – published LW 23 September 2022

Regulations and other miscellaneous instruments
Motor Accidents Compensation (Determination of Loss) Order 2022 – published LW 27 September 2022
Bail Amendment (Proceedings for Administration of Sentence) Regulation 2022 – published LW 23 September 2022
Community Land Management Amendment (COVID-19) Regulation (No 2) 2022 – published LW 23 September 2022
Environmental Planning and Assessment Amendment (Wilton Town Centre Precinct) Regulation (No 2) 2022 –published LW 23 September 2022
Health Services (Transfer of Assets, Rights and Liabilities) Order 2022 – published LW 23 September 2022
Motor Accident Injuries (Indexation) Amendment Order (No 2) 2022 – published LW 23 September 2022
Motor Accidents (Determination of Non-Economic Loss) Amendment Order 2022 – published LW 23 September 2022
Motor Sports Events Regulation 2022 – published LW 23 September 2022
Property NSW Amendment (Transfer of Property) Order (No 2) 2022 – published LW 23 September 2022
Strata Schemes Management Amendment (COVID-19) Regulation (No 2) 2022 – published LW 23 September 2022
Work Health and Safety Amendment (Demolition Licensing) Regulation 2022 – published LW 23 September 2022
Workers Compensation (Indexation) Amendment Order (No 3) 2022 – published LW 23 September 2022
Work Health and Safety Amendment Regulation 2022 – published LW 16 September 2022

Environmental Planning Instruments
Coffs Harbour Local Environmental Plan 2013 (Amendment No 28) – published LW 23 September 2022
Fairfield Local Environmental Plan 2013 (Amendment No 43) – published LW 23 September 2022
Georges River Local Environmental Plan 2021 (Amendment No 3) – published LW 23 September 2022
State Environmental Planning Policy (Precincts—Western Parkland City) Amendment (Wilton Town Centre Precinct) (No 2) 2022 – published LW 23 September 2022
State Environmental Planning Policy Amendment (Coastal Mapping and Native Vegetation) 2022 – published LW 23 September 2022
Wingecarribee Local Environmental Plan 2010 (Amendment No 64) – published LW 23 September 2022
Blacktown Local Environmental Plan 2015 (Amendment No 32) – published LW 16 September 2022
Lake Macquarie Local Environmental Plan 2014 (Map Amendment No 5) – published LW 16 September 2022
Wollondilly Local Environmental Plan 2011 (Amendment No 43) – published LW 16 September 2022

Bills introduced by Government
 Childcare and Economic Opportunity Fund Bill 2022 – 21 September 2022
Crimes (Administration of Sentences) Amendment (No Body, No Parole) Bill 2022 – 21 September 2022
Crimes Amendment (Money Laundering) Bill 2022 – 21 September 2022
Criminal Procedure Legislation Amendment (Prosecution of Indictable Offences) Bill 2022 – 21 September 2022
Dedicated Encrypted Criminal Communication Device Prohibition Orders Bill 2022 – 21 September 2022
Law Enforcement (Powers and Responsibilities) Amendment (Digital Evidence Access Orders) Bill 2022- 21 September 2022
Royal Botanic Gardens and Domain Trust Amendment (Facilitation of Sydney Metro West) Bill 2022 – 21 September 2022
Security Industry Amendment Bill 2022 – 21 September 2022

Bills introduced by Non-Government
 Prevention of Cruelty to Animals Amendment (Prohibitions for Convicted Persons) Bill 2022 21 September 2022

Bills revised following amendment in Committee
 Health Legislation (Miscellaneous) Amendment Bill (No 2) 2022 – 20 September 2022
Museums of History NSW Bill 2022 – 21 September 2022

Bills passed by both Houses of Parliament
 Health Legislation (Miscellaneous) Amendment Bill (No 2) 2022 – 20 September 2022
Museums of History NSW Bill 2022 – 21 September 2022

Commonwealth Legislation

Act compilation
National Greenhouse and Energy Reporting Act 2007 23/09/2022 – Act No. 175 of 2007 as amended
Carbon Credits (Carbon Farming Initiative) Act 2011 21/09/2022 – Act No. 101 of 2011 as amended
Science and Industry Research Act 1949 21/09/2022 – Act No. 13 of 1949 as amended
Climate Change Authority Act 2011 20/09/2022 – Act No. 143 of 2011 as amended
Veterans' Entitlements Act 1986 20/09/2022 – Act No. 27 of 1986 as amended
Australian Securities and Investments Commission Act 2001 20/09/2022 – Act No. 51 of 2001 as amended
Renewable Energy (Electricity) Act 2000 20/09/2022 – Act No. 174 of 2000 as amended
Northern Australia Infrastructure Facility Act 2016 19/09/2022 – Act No. 41 of 2016 as amended
Infrastructure Australia Act 2008 19/09/2022 – Act No. 17 of 2008 as amended
Clean Energy Finance Corporation Act 2012 19/09/2022 – Act No. 104 of 2012 as amended
Greenhouse and Energy Minimum Standards Act 2012 16/09/2022 – Act No. 132 of 2012 as amended
Offshore Electricity Infrastructure Act 2021 16/09/2022 – Act No. 120 of 2021 as amended
Export Finance and Insurance Corporation Act 1991 16/09/2022 – Act No. 148 of 1991 as amended
Building Energy Efficiency Disclosure Act 2010 16/09/2022 – Act No. 67 of 2010 as amended
Business Names Registration (Transitional and Consequential Provisions) Act 2011 15/09/2022 – Act No. 127 of 2011 as amended
Clean Energy Regulator Act 2011 15/09/2022 – Act No. 163 of 2011 as amended
Australian Renewable Energy Agency Act 2011 15/09/2022 – Act No. 151 of 2011 as amended
National Consumer Credit Protection (Transitional and Consequential Provisions) Act 2009 14/09/2022 – Act No. 135 of 2009 as amended
Social Security Act 1991 14/09/2022- Act No. 46 of 1991 as amended

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.