In the media
"Real venom'': Federal government extends
NSW flood relief after pressure from local MPs
The federal government has agreed to extend disaster
funding to flood-hit parts of the New South Wales north coast after
state government MPs and local mayors lined up to blast the
commonwealth over its initial decision to exclude some areas from
the extra payments (17 March 2022). More...
Activists dismiss NSW government crackdown on Sydney
port protests
The New South Wales government announced that it would
ramp up its response to protests by the climate group Blockade
Australia, including the creation of a strike force aimed at
disrupting activists, increased penalties and possible jail time
(24 March 2022). More...
NSW government set to delay mega projects amid COVID-19
pressures
The NSW government is preparing to delay several
multi-billion dollar mega projects due to rapidly escalating costs
and labour shortages, leaving commuters on Sydney's northern
beaches and in fast-growing suburbs around Olympic Park facing
slower journeys for years longer than originally promised (28 March
2022). More...
Major Great Western Highway upgrade could destroy
historic Aboriginal places
Thousands of years of sacred Aboriginal history could be
paved over during multi-billion-dollar Great Western Highway
upgrades in New South Wales (29 March 2022). More...
Practice and courts
Commonwealth
AAT Bulletin Issue No. 6/2022 21 March 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. Read more here.
Migration Practice Note (MIG-1)
This practice note outlines arrangements for the
management within the ACLHR National Practice Area of the National
Court Framework of applications and appeals in the Court that
concern decisions under the Migration Act 1958. Read more here.
Security Legislation Amendment (Critical Infrastructure
Protection) Bill 2022 update 25 March 2022
The Parliamentary Joint Committee on Intelligence and
Security has completed their review of the Security Legislation
Amendment (Critical Infrastructure Protection) Bill 2022 and handed
down their report. Read more here.
NSW
Supreme Court of NSW Court of Appeal Decisions Reserved as at 25 March 2022. Read more here.
Published - articles, papers and reports
2022 Critical Minerals Strategy
This updated strategy builds on the first Critical
Minerals Strategy published in 2019 by the Department of Industry,
Science, Energy and Resources. It has a vision to put Australia at
the centre of meeting the growing demand for critical minerals.
Read more here.
Crypto asset secondary service providers: Licensing and
custody requirements - consultation paper
This consultation paper outlines the Government's
proposed approach to licensing crypto asset secondary service
providers and crypto custody requirements. Read more here.
Distribution guidelines for ancillary funds -
consultation paper
The consultation paper seeks feedback on proposals to
provide greater flexibility to ancillary funds while preserving
their philanthropic nature. Read more here.
Indirect employment in aged care: Issues paper
The Productivity Commission will undertake a study to
examine employment models in aged care, and the effects that
policies and procedures to preference the direct employment of aged
care workers would have on the sector. Read more here.
Cases
DYH v Public
Guardian [2022] NSWCATAD
102
ADMINISTRATIVE LAW - review of decision of public guardian as to
accommodation - leave to amend an application where there has been
no internal review - application to join a party.
PRACTICE AND PROCEDURE - stay of the decision - factors relevant to
exercise of the power to stay decision under section 43 of the
Civil and Administrative Tribunal Act 2013 (NSW).
O'Brien v Secretary, Department
Communities and Justice [2022] NSWCATAD
100
ADMINISTRATIVE LAW - Government Information (Public Access) Act -
GIPA - decision that documents not held - reasonable searches -
information by private sector contractors - meaning of provision of
services - whether information held - whether agency has right of
access to information - s 121 GIPA Act - whether GIPA Act applies
or overrides contract that predates GIPA Act - copyright - whether
overriding public interest considerations enlivened.
Friends of Gardiner Park Inc v Bayside
Council [2022] NSWLEC
22
JUDICIAL REVIEW - determinations to upgrade sports fields in
heritage-listed park - whether development consent required -
consent required for demolition of a building or heritage item -
whether "demolition" - development for purpose of
recreation area may be carried out without consent - whether
development for that purpose - duty to assess environmental impact
of activity - assessment of heritage impacts - whether miscarried -
modification of activity - whether assessment of modified activity
or only modifications.
Australian Education Union, NSW
Teachers Federation Branch v New South Wales Department of
Education [2022] NSWCATAD
97
ADMINISTRATIVE LAW - administrative review - government information
- Cabinet information - document that reveals or tends to reveal
the position a Minister has taken, is taking, will take, is
considering taking or has been recommended to take on a matter in
Cabinet - reasonable grounds.
Cessnock City Council v
EMF [2022] NSWCATAP
72
ADMINISTRATIVE LAW - privacy - Privacy and Personal Information
Protection Act 1998 (NSW) - Information Protection Principles - IPP
10 limits on use of personal information - Local Government Act
1993 (NSW) s 440AA - obligation of local council to comply with
Code of Conduct procedures - whether reference in Code of Conduct
Procedures to "routine complaints management processes"
required Council's General Manager to refer complaint addressed
to General Manager and marked "confidential - attention of
addressee only" to Council's Public Officer.
Walker v SafeWork
NSW [2022] NSWCATAD
94
ADMINISTRATIVE LAW - administrative review - government information
- confidential information - secrecy provision - effective exercise
of agency's functions - whether overriding public interest
against disclosure.
NSW Electoral Commission v Kempsey
Shire Council (No 2) [2022] NSWSC
282
JUDICIAL REVIEW - challenge to three local government elections -
failure of technology assisted voting on election day - small
number of voters disenfranchised - disproportionate effect on
election due to use of proportional system of voting - standing of
Electoral Commissioner to make application - whether breach of
Local Government Act in conduct of election - test of materiality
of breach to outcome - approach to determining materiality to
outcome - whether materiality assessed by attempting to model
disenfranchised voters' likely voting intentions by reference
to voting patterns of other voters - whether materiality assessed
by comparison between number of disenfranchised voters and margins
between elected and non-elected candidates and margins between
excluded and non-excluded candidates - relief - whether elections
should be declared wholly void or only void in respect of the
election of particular councillors - election of at least one
candidate in each contest was directly affected - interrelationship
between election of candidates under proportional representation -
inappropriate to impose on electorate Councillors elected under two
different electoral systems - relief - discretion - whether
discretion to declare elections void should not be exercised on
account of cost and dislocation of new election to the affected
Councils - whether discretion to declare elections void should not
be exercised on account of effect on candidates - discretion to
declare void will be exercised - making of declaration deferred to
allow for contingencies affecting conduct of elections - Electoral
Commissioner to advise Court of any proposal to address wasted
costs of successful and unsuccessful candidates.
Legislation
Commonwealth
Acts compilation
Superannuation Industry (Supervision) Act
1993
25 March 2022 - Act No. 78 of 1993 as amended.
Agricultural and Veterinary Chemicals Code Act
1994
25 March 2022 - Act No. 47 of 1994 as amended.
A New Tax System (Family Assistance)
(Administration) Act 1999
24 March 2022 - Act No. 81 of 1999 as amended.
Designs Act 2003
24 March 2022 - Act No. 147 of 2003 as amended.
Superannuation Act 1990
24 March 2022 - Act No. 38 of 1990 as amended.
Agricultural and Veterinary Chemicals
(Administration) Act 1992
23 March 2022 - Act No. 262 of 1992 as amended.
Payment Times Reporting Act 2020
22 March 2022 - Act No. 91 of 2020 as amended.
Social Security (Administration) Act 1999
18 March 2022 - Act No. 191 of 1999 as amended.
Australian Securities and Investments Commission
Act 2001
18 March 2022 - Act No. 51 of 2001 as amended.
Taxation Administration Act 1953
17 March 2022 - Act No. 1 of 1953 as amended.
Age Discrimination Act 2004
17 March 2022 - Act No. 68 of 2004 as amended.
Federal Court of Australia Act 1976
17 March 2022 - Act No. 156 of 1976 as amended.
Retirement Savings Accounts Act 1997
15 March 2022 - Act No. 61 of 1997 as amended.
NSW
Acts compilation
COVID-19 and Other Legislation Amendment
(Regulatory Reforms) Act 2022
24 March 2022 - Act No 5, 2022.
Health Legislation (Miscellaneous) Amendment Act
2022
24 March 2022 - Act No 6, 2022.
Bills
Greater Cities Commission Bill 2022 - 23
March 2022.
Home Building Amendment (Medical Gas Licensing)
Bill 2022 - 23 March 2022.
Mining and Petroleum Legislation Amendment Bill
2022 - 22 March 2022.
State Revenue and Fines Legislation Amendment
(Miscellaneous) Bill 2022 - 23 March 2022.
Biodiversity Conservation Amendment (Kangaroo
Protection) Bill 2022 - 23 March 2022.
Electoral Amendment (Voting Age) Bill
2022 - 23 March 2022.
Residential Tenancies Amendment (Tenant
Protections and Flood Response) Bill 2022 - 24 March
2022.
Proclamations commencing Acts
Crimes Legislation Amendment (Loss of Foetus) Act
2021 No 36 - LW 18 March 2022.
Drug Supply Prohibition Order Pilot Scheme Act 2020
No 39 - LW 18 March 2022.
Regulations and other miscellaneous instruments
Environmental Planning and Assessment Amendment
(Western Sydney Aerotropolis Special Contributions Area) Order
2022 - LW 25 March 2022.
Motor Accident Injuries (Indexation) Amendment
Order 2022 - LW 25 March 2022.
Roads Amendment (Major Bridges and Tunnels)
Regulation 2022 - LW 24 March 2022.
Workers Compensation (Indexation) Amendment Order
2022 - LW 22 March 2022.
Administrative Arrangements (Administrative
Changes-Miscellaneous) Order (No 2) 2022 - LW 16 March
2022.
Environmental Planning and Assessment (Savings,
Transitional and Other Provisions) Amendment (Modifications)
Regulation 2022 - LW 18 March 2022.
Jury Amendment (Additional Jurors) Regulation
2022 - LW 18 March 2022.
Local Government (General) Amendment (Minimum
Amounts of Rate) Regulation 2022 - LW 18 March 2022.
Referable Debt Order - LW 18 March
2022.
Sydney Water (Stormwater Drainage Areas) Amendment
Order 2022 - LW 18 March 2022.
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.