NSW Government Bulletin: Part 2 - In the media, Practice and courts, Publications, Cases and Legislation - Constitutional & Administrative Law - Government, Public Sector

In the Media

Two new magistrates for the NSW Local Court
Two lawyers appointed to the bench of the NSW Local Court bring breadth and depth of experience across jurisdictions and areas of legal practice. Attorney General Michael Daley has appointed solicitors Keisha Hopgood and Stephan Herridge and to join the busiest court in Australia (25 May 2023). More.

NSW government moves to ban political donations from clubs with poker machines
The political influence of clubs in New South Wales will be curtailed under proposed laws banning donations from venues with poker machines that are being introduced to the state parliament on Thursday (11 May 2023). More.

NSW Government to undertake electricity sector check up to deliver clean energy future
The Minns Government will commission an independent check-up on NSW's energy policies, to ensure NSW has the right policy settings to deliver a timely and cost-effective transition of our electricity sector (25 May 2023). More.

NSW considers penalties for improper disclosure of confidential government tax information
Businesses and organisations caught disclosing confidential NSW Government taxation information could face new multi-million-dollar penalties under a plan being considered by the Minister for Finance (25 May 2023). More.

Largest review in decades announced for workplace safety codes of practice
The largest review in decades is set to begin for legacy workplace health and safety codes of practice, with Minister for Workplace Health Sophie Cotsis announcing public consultation has opened for the first five codes of practice. More.

Publications

Audit Office of NSW: Regulation and monitoring of local government
The Office of Local Government (OLG) in the Department of Planning and Environment is responsible for strengthening the local government sector, including through its regulatory functions. This audit assessed whether the OLG is effectively monitoring and regulating the sector under the Local Government Act 1993 (25 May 2023). Read more here.

Audit Office of NSW: Managing the affairs of people under financial management and/or guardianship orders
This audit assessed whether NSW Trustee and Guardian is effectively delivering public guardianship and financial management services in line with legislative requirements and standards (18 May 2023). Read more here.

Law Council of Australia: Administrative Review Reform Issues Paper
The Law Council of Australia provided a submission to the Attorney-General's Department in response to its comprehensive Administrative Review Reform Issues Paper (Issues Paper), which responds to each of the 67 questions set out in the Issues Paper in table form (12 May 2023). Read more here.

Law Council of Australia: Review of Commonwealth Secrecy Provisions
The Law Council's National Criminal Law Committee, National Security Law Working Group, National Human Rights Committee, and Federal Dispute Resolution Section's Military Justice Committee provided a submission to the Attorney-General's Department in response to the Review of Secrecy Provisions (22 May 2023). Read more here.

Law Council of Australia: 2023 Workplace Reform Consultations
The Law Council of Australia provided a submission to the Department of Employment and Workplace Relations (Department) in relation to aspects of its 2023 Workplace Reform Consultations (22 May 2023). Read more here.

Practice and Courts

High Court of Australia Bulletin [2023] HCAB 04
The High Court of Australia has published a record of recent cases (19 May 2023). Read more here.

AAT Bulletin Issue No. 10/2023
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 Cases (22 May 2023). Read more here.

Reissued Practice Note SC EQ 4 - Corporations List
On 19 May 2023 the Chief Justice reissued Practice Note SC EQ 4 - Corporations List, with a commencement date of 22 May 2023. Read more here.

Cases

QYFM v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2023] HCA 15
Courts and judges - bias - reasonable apprehension of bias - where appellant appealed to Full Court of Federal Court of Australia from decision dismissing application for judicial review of non-revocation of decision to cancel his visa on character grounds - where appellant sought recusal of judge sitting as member of Full Court constituted to hear appeal - where reasonable apprehension of bias on the part of challenged judge said to arise from judge's appearance, in former capacity as Commonwealth Director of Public Prosecutions, as counsel for Crown in opposition to appellant's appeal against conviction - where appellant's conviction causally related to cancellation of visa and non-revocation decision subject to challenge in Full Court - whether fair-minded lay observer might reasonably apprehend that judge might not be impartial - whether reasonable apprehension of bias on the part of challenged judge vitiated Full Court's jurisdiction.
Courts and judges - practice and procedure - whether application to disqualify judge for bias should be determined in the first instance by challenged judge alone or by all members of court as constituted.
Administrative Appeals Tribunal Act 1975 (Cth); Federal Court of Australia Act 1976 (Cth) and
Migration Act 1958 (Cth).

Attorney-General (Cth) v Huynh [2023] HCA 13
Constitutional law (Cth) - judicial power of Commonwealth - jurisdiction vested in State courts - State laws applicable to offenders convicted of Commonwealth offences - where s 78(1) of Crimes (Appeal and Review) Act 2001 (NSW) ("CAR Act") permitted convicted person to apply to Supreme Court of New South Wales for inquiry into conviction or sentence - where s 79(1)(a) of CAR Act permitted judge to direct an inquiry take place - where s 79(1)(b) of CAR Act permitted judge to refer whole case to Court of Criminal Appeal to be dealt with as an appeal - where convicted person applying under s 78(1) was convicted of Commonwealth offence - whether ss 78 and 79 applied of own force to person convicted of Commonwealth offence - whether s 68(1) of Judiciary Act 1903 (Cth) operated to apply ss 78(1), 79(1)(a) and 79(1)(b) of CAR Act to person convicted of Commonwealth offence - whether ss 78(1) and 79(1)(b) of CAR Act could be applied independently of s 79(1)(a) without different legal operation - whether ss 78(1) and 79(1)(b) of CAR Act impermissibly conferred on judge of State court acting in personal capacity a function without their consent - whether ss 78(1) and 79(1)(b) of CAR Act impermissibly imposed administrative duty on holder of State statutory office without State legislative approval.
Constitution, ss 51(xxxix), 76(ii), 77(iii); Crimes (Appeal and Review) Act 2001 (NSW); Criminal Appeal Act 1912 (NSW); Interpretation Act 1987 (NSW) and Judiciary Act 1903 (Cth).

FRK v Secretary, Department of Education [2023] NSWCATAD 126
ADMINISTRATIVE LAW - administrative review - government information - balancing the public interest considerations in favour of disclosure and against disclosure - disclosure not in the best interests of a child.
Administrative Decisions Review Act 1997 (NSW); Civil and Administrative Tribunal Act 2013 (NSW); Government Information (Public Access) Act 2009 (NSW); Health Records and Information Privacy Act 2002 (NSW); Privacy and Personal Information Protection Act 1998 (NSW) and State Records Act 1998 (NSW).

Willoughby City Council v Blanc Black Projects Pty Limited [2023] NSWLEC 54
APPEAL - Section 56A of the Land and Environment Court Act 1979 (NSW) - appeal against a Commissioner's decision to refuse the imposition of an affordable housing condition when determining a development application in a Class 1 appeal - whether the Commissioner misconstrued the applicable legislative scheme - application of s 7.32 of the Environmental Planning and Assessment Act 1979 (NSW) - application of cl 6.8 of the Willoughby Local Environmental Plan 2012 and cl 10 of the State Environmental Planning Policy No 70 - Affordable Housing (Revised Scheme) - consideration of the Newbury tests in the context of the statutory provision - errors of law found - eppeal upheld - remitter order made.
Environmental Planning and Assessment Act 1979 (NSW); Environmental Planning and Assessment Amendment (Affordable Housing) Act 2000; Environmental Planning and Assessment Amendment (Affordable Housing) Bill 2000; Interpretation Act 1987; State Environmental Planning Policy No 70-Affordable Housing (Revised Schemes) and Willoughby Local Environmental Plan 2012.

Integrated Trolley Management Pty Ltd v Chief Commissioner of State Revenue [2023] NSWSC 557
TAXES AND DUTIES - payroll tax - liability - employment agents - employment agency contracts - trolley collection and cleaning services provided by subcontractors to supermarkets - whether services of the service provider "in and for" business of a client of the employment agent.
Payroll Tax Act 2007.

Webb v Port Stephens Council [2023] NSWCATAP 133
ADMINISTRATIVE LAW - access to government information - whether disclosure would undermine competitive neutrality of an agency or place it at a disadvantage in any market - whether disclosure would diminish competitive commercial value of information - whether disclosure would prejudice a person's legitimate business, commercial, professional or financial interests.
Government Information (Public Access) Act 2009 (NSW); Civil and Administrative Tribunal Act 2013 (NSW); Copyright Act 1968 (Cth) and Legal Profession Uniform Law Application Act 2014.

Legislation

NSW Legislation

Regulations and other miscellaneous instruments
Victims Rights and Support Amendment Regulation 2023 - published LW 26 May 2023.
Liquor Amendment (Alternative Age Verification) Regulation 2023 - published LW 17 May 2023.

Bills introduced by government
Environmental Planning and Assessment Amendment (Housing and Productivity Contributions) Bill 2023 23 May 2023.
First Home Buyer Legislation Amendment Bill 2023 23 May 2023.
Law Enforcement (Powers and Responsibilities) Amendment (Digital Evidence Access Orders) Bill 2023 24 May 2023.
Statute Law (Miscellaneous Provisions) Bill 2023 25 May 2023.

Bills passed by both Houses of Parliament
Government Sector Finance Amendment (Grants) Bill 2023 25 May 2023.
Revenue Legislation Amendment Bill 2023 25 May 2023.

Commonwealth Legislation

Legislative Instrument
Migration (Granting of contributory parent visas, parent visas and other family visas in financial year 2022/2023)
Instrument (LIN 23/016) 2023 25/05/2023 - LIN 32/016 as made.
Public Governance, Performance and Accountability Amendment (2023 Measures No. 2) Rules 2023 23/05/203 - as made.

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.

NSW Government Bulletin: Part 2 - In the media, Practice and courts, Publications, Cases and Legislation

Contributor