In the media

Plea for toll charges to be slashed on M5 as trucks use local roads, inquiry hears
The NSW parliamentary inquiry is looking at the impact of Sydney's growing toll road network and today heard from Bexley business owners and residents (24 May 2022). More...

NSW government announces subsidy for waterlogged North Coast timber industry
The state government has announced a $10 million subsidy to help the flood-ravaged timber industry in northern NSW stay afloat. The subsidy, $30 per tonne of timber, is designed to ease the cost of transporting timber (24 May 2022). More...

ICAC finds former RMS manager corrupt for awarding over $12.2 million in work to benefit friends and himself
The NSW Independent Commission Against Corruption (ICAC) has found that a former manager of the then-Roads and Maritime Services (RMS) engaged in serious corrupt conduct through the awarding of over $12.2 million in work to two companies owned by his friends and manipulating processes to favour and benefit those businesses and himself (20 May 2022). More...

Questions hang over funding for major Great Western Highway tunnel through Blue Mountains
The New South Wales government is accused of jumping the gun by announcing Australia's longest road tunnel through the Blue Mountains without locking in all the funding (20 May 2022). More...

New train fleet could be on the tracks within months after NSW government and rail unions talks
The NSW government will consider making modifications to its new intercity fleet, in what would be a significant backdown from a long standoff with rail unions over safety concerns with the multibillion-dollar trains (20 May 2022). More...

NSW parliamentary inquiry supports return of warning signs before mobile speed cameras
Calls to bring back warning signs ahead of mobile speed cameras have been bolstered by the findings of a comprehensive NSW parliament inquiry (20 May 2022). More...

Schools in NSW trialling extended hours
The New South Wales government is trialling extended school hours. Eight schools are participating in the trial aimed to suit the needs of parents and students. The extended school hours aim to offer greater support to working parents managing their commitments (18 May 2022). More...

Sole support service for Blue Mountains Indigenous community facing closure after NSW government warns of eviction
The only support service for Indigenous people in the Blue Mountains is facing an uncertain future after being told they're being evicted from their premises by the NSW government (16 May 2022). More...

Major milestone for fee-free training in NSW
NSW is enjoying a fee-free training boom with more than 200,000 enrolments recorded under JobTrainer, a program helping people get skilled for in-demand jobs (16 May 2022). More...

Practice and courts

Commonwealth

AAT Bulletin Issue No. 8/2022 9 May 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.

NSW

Supreme Court of NSW Decisions Reversed as at 20 May 2022. Read more here.

Published - articles, papers and reports

Days away from lightweight bag ban
Marking a major pivot away from single-use plastics, the NSW Government's ban on lightweight plastic bags will come into force next week (23 May 2022). Read more here.

Options available to the NSW House of Parliament regarding the withholding of remuneration and other entitlements of a Member suspended from the service of the House
The Legislative Assembly Standing Committee on Parliamentary Privilege and Ethics has inquired into the options available to the House regarding the withholding of remuneration and other entitlements of a Member suspended from the service of the House, in accordance with the referral made to it by the House on 31 March 2022 (18 May 2022). Read more here.

Mobile speed camera enforcement programs in NSW
The Committee hopes that the recommendations in this report ultimately strengthen community support for the mobile speed camera program so that, together with other speed management measures, increased safety can be achieved across the whole road network (18 May 2022). Read the report here.

$30 million for disaster risk reduction
Grants of between $50,000 and $1.5 million are available to councils to help mitigate and manage the risks of future natural disasters. The Disaster Risk Reduction Fund is jointly funded by NSW and Australian governments and is targeted at locally led initiatives to keep communities safe (16 May 2022). Read more here.

Cases

FlyBlue Management Pty Ltd v NSW Crown Lands Department (Department of Planning and Environment) [2022] NSWCATAD 167
ADMINISTRATIVE LAW - freedom of information - government information public access - public interest considerations - Government Information (Public Access) Act 2009 (NSW).
Administrative Decisions Review Act (NSW) 1997; Civil and Administrative Tribunal Act 2013; Evidence Act (NSW) 1995; Government Information (Public Access) Act 2009.

Peel v Commissioner of Police [2022] NSWCATAD 162
LICENSING - firearms - licence refusal - public interest - public safety;
Administrative Decisions Review Act 1997 (NSW); Civil and Administrative Tribunal Act 2013 (NSW); Firearms Act 1996 (NSW).

Hannam v State of New South Wales (No 9) [2022] NSWSC 648
TORTS - Trespass to the person - Assault - whether police conduct caused plaintiff to fear police and attempt to flee; TORTS - Trespass to the person - whether Civil Liability Act 2002 (NSW) excluded by operation of s 3B(1)(a) - where intent was to cause injury not subject of claim; TORTS - Trespass to the person - Battery - Defences - whether actions constituting battery were lawful under various statutes - Crimes Act 1900 (NSW), Law Enforcement (Powers and Responsibilities) Act 2002 (NSW), Mental Health Act 2007 (NSW), Police Act 1990 (NSW) - where actions permitted under statute - where defences made out; TORTS - Trespass to the person - Battery - Defences - defences under Civil Liability Act 2002 (NSW) - intoxication, no award to criminals, self-defence; NEGLIGENCE - Duty of care - where no duty owed by defendant toward plaintiff; NEGLIGENCE - Defences - Illegality - use of illicit substances; NEGLIGENCE - Defences - Intoxication - illicit substance; NEGLIGENCE - Defences - Self-defence - where defendant attempting to protect plaintiff, bystanders and police; NEGLIGENCE - Defences - Voluntary assumption of risk - use of illicit substances; DAMAGES - where plaintiff self-employed tradesperson - where no evidence of past earnings or typical earnings - where plaintiff's proposed use of average weekly earnings unsuitable; DAMAGES - where plaintiff sought aggravated and exemplary damages - where award excluded by Civil Liability Act 2002 (NSW), s 21 - where award not justified in any event even if not statute barred;
Civil Liability Act 2002 (NSW), ss 3B, 5, 5L, 5O, 5R, 13, 16, 18, 21, 47, 48, 50, 52, 54; Civil Liability (Non-economic Loss) Amendment Order 2021 (NSW); Crimes Act 1900 (NSW), ss 31A, 574B; Drug Misuse and Trafficking Act 1985 (NSW), s 12; Evidence Act 1995 (NSW), s 69; Law Enforcement (Powers and Responsibilities) Act 2002 (NSW), s 230; Law Reform (Vicarious Liability) Act 1983 (NSW), s 9B(2); Mental Health Act 2007 (NSW), ss 22, 81; Police Act 1990 (NSW), s 6; Uniform Civil Procedure Rules 2005 (NSW), r 42.1.

Secretary, Department of Planning and Environment v Sell & Parker Pty Ltd [2022] NSWLEC 60
ENVIRONMENTAL OFFENCES: offender charged with two offences of contravening ss 76A(1)(b) and 125(1) of the Environmental Planning and Assessment Act 1979 - determination of appropriate sentences - sentencing principles - extent of environmental harm caused by the commission of the offences - state of mind of the offender at the time of the commission of the offences - whether the defendant held a genuine and reasonable belief that the prosecutor had exercised its discretion not to prosecute and that it was entitled to continue to offend - De Simoni principle - objective seriousness of the commission of the offences - whether contrition and remorse demonstrated - specific and general deterrence warranted - comparable cases - application of the totality principle - defendant convicted and fined in respect of both offences - order for moiety made - publication order made;
Blacktown Local Environmental Plan 2015, cl 2.1; Crimes (Sentencing Procedure) Act 1999, ss 3A, 21A(2), 21A(3), 22, 23; Criminal Procedure Act 1986, ss 257B, 257G; Environmental Planning and Assessment Act 1979, ss 5, 76A(1), 119J, 119K(3), 121B, 125, 125A, 125B, 126(2A); Fines Act 1996, ss 6, 122; Protection of the Environment Operations Act 1997, ss 64(1), 250(1)(a).

DTN v Commissioner of Police [2022] NSWCATAD 158
PRIVACY - personal information - health information - s4(3)(j) Privacy and Personal Information Act 1998 - s5(3)(m) Health Records and Information Privacy Act 2002 - information or opinion about an individual's suitability for appointment or employment as a public sector official;
Administrative Decisions Review Act 1997; Civil and Administrative Tribunal Act 2013 (NSW); Health Records and Information Privacy Act 2002 (NSW); Privacy and Personal Information Act 1998 (NSW).

Canterbury-Bankstown Council v Payce Communities Pty Ltd [2022] NSWCA 74
BUILDING AND CONSTRUCTION - contract - whether claimed variations within contractual scope of work - builder's margin - GST - no question of principle;
Building and Construction Industry Security of Payment Act 1999 (NSW), s 32(3)(b); Disability Discrimination Act 1992 (Cth), s 23.

SafeWork NSW v Saunders Civilbuild Pty Ltd (No 2) [2022] NSWDC 163
CRIME - prosecution - work health and safety - duty of persons undertaking business - duty of employers - risk of death or serious injury - death of worker; SENTENCING - objective seriousness - deterrence - aggravating factors - mitigating factors - adverse publicity order - good prospects of rehabilitation - remorse;
Crimes (Sentencing Procedure) Act 1999; Evidence Act 1995; Work Health and Safety Act 2011.

Reid v NSW Land and Housing Corporation [2022] NSWCATAP 166
LEASES AND TENANCIES - withdrawal of services, goods or facilities under s 44 of the Residential Tenancies Act 2010 (NSW) - damages for breach of covenant for quiet enjoyment;
Civil and Administrative Tribunal Act 2013 (NSW); Residential Tenancies Act 2010 (NSW).

King v NSW Land and Housing Corporation [2022] NSWCATAP 165
LEASES AND TENANCIES - Residential Tenancies Act 2010 (NSW) -Social housing tenancy - Application for termination order- breach of conditions - cause or permit nuisance, interfere or permit interference with reasonable peace, comfort, privacy of neighbours - where Tribunal applied section 87 to make termination order - question of law - mandatory considerations - personal circumstances of and effect of order on tenant - where potential effects of eviction included destabilisation of tenant's physical and mental health, relapse of diagnosed psychotic symptoms;
Civil and Administrative Tribunal Act 2013 (NSW); section 80 (2), Sch 4 cl 12 (1); Residential Tenancies Act 1987 (NSW) s 63; Residential Tenancies Act 2010 (NSW); ss 87(4) & (5), 154E.

Smith v Secretary, Regional NSW on behalf of Greater Sydney Local Land Services [2022] NSWIRComm 1035
EMPLOYMENT AND INDUSTRIAL LAW - Industrial Relations Commission - Procedure and powers - motion to set aside summons to produce - relevant principles - personal information;
Industrial Relations Act 1996 (NSW).

EHW v Secretary, Department of Education [2022] NSWCATAD 140
ADMINISTRATIVE REVIEW - government information (public access) - conclusive presumption against disclosure - privileged communications - care and protection of children - public interest in favour of disclosure - personal information - information concerning applicant's children - public interest against disclosure - disclosure that may prejudice the agency's functions - disclosure that may reveal personal information - disclosure that may expose a person to risk of harm, serious harassment or intimidation - where disclosure not in the best interests of a child - information protection principle and meaning of public disclosure - balancing of public interests - public interest test - overriding public interest against disclosure - agency's discretion to refuse to deal with access application - information previously produced under subpoena - unreasonable and substantial diversion of resources;
Administrative Decisions Review Act 1997 (NSW); Children and Young Persons (Care and Protection) Act 1998 (NSW); Civil and Administrative Tribunal Act 2013 (NSW); Government Information (Public Access) Act 2009 (NSW); Health Records and Information Privacy Act 2002 (NSW); Inclosed Lands Protection Act 1901 (NSW); Privacy and Personal Information Protection Act 1998 (NSW).

Environment Protection Authority v Eastern Creek Operations Pty Limited [2022] NSWCCA 97
CRIMINAL PROCEDURE - prosecution for non-compliance with statutory notice - ruling that notice invalid - classification of ruling as interlocutory or final - whether leave to appeal could be granted under s 5F Criminal Procedure Act 1986 (NSW); ENVIRONMENT - validity of notice purportedly issued under s 191 Protection of the Environment Operations Act 1997 (NSW) requiring addressee to furnish information - whether the notice sufficiently identified the material required to be produced and whether it showed that the addressor was entitled to require that production; COURTS AND JUDGES - jurisdiction - whether a judge presiding over a preliminary hearing convened in accordance with the case management provisions in the Criminal Procedure Act 1986 (NSW) has the power to summarily dismiss a summary prosecution prior to final hearing;
Crimes (Appeal and Review) Act 2001 (NSW), s 107; Criminal Appeal Act 1912 (NSW), ss 5AE, 5C, 5F; Criminal Procedure Act 1986 (NSW), ss 139(5), 202, 247A, 247B, 247C, 247G, 247W, 249-252; Criminal Procedure Amendment (Summary Proceedings Case Management) Act 2012 (NSW); Evidence Act 1995 (NSW), ss 13, 18, 138; Income Tax Assessment Act 1936 (Cth), s 264; Interpretation Act 1987 (NSW), ss 13A, 35; Land and Environment Court Act 1979 (NSW), ss 22, 23; Land and Environment Court Rules 2007 (NSW), r 5; Protection of the Environment Administration Act 1991 (NSW), ss 5, 6, 7, 8, 9, 29, 30; Protection of the Environment Operations Act 1997 (NSW), ss 3, 48, 184, 191, 193, 194, 195, 211, Sch 1; Protection of the Environment Operations (Waste) Regulation 2014 (NSW), cll 91 to 96; Supreme Court Rules 1970 (NSW), r 11B; Supreme Court (Summary Jurisdiction) Act 1967 (NSW); Trade Practices Act 1974 (Cth), s 155.

Douglas v Commissioner of Police [2022] NSWCATAD 152
ADMINISTRATIVE LAW - administrative review - Government Information - confidential information - refusal to confirm or deny that information held;
Administrative Decisions Review Act 1997; Civil and Administrative Tribunal Act 2013; Government Information (Public Access) Act 2009; Police Act 1990.

Legislation

NSW

Proclamations commencing Acts
COVID-19 and Other Legislation Amendment (Regulatory Reforms) Act 2022 No 5 LW 13 May 2022
Crimes Legislation Amendment (Sexual Consent Reforms) Act 2021 No 43 LW 13 May 2022

Regulations and other miscellaneous instruments
Public Health Amendment (COVID-19 Air and Maritime Arrivals) Regulation 2022 LW 24 May 2022
Conveyancing (General) Amendment (AusNet Transmission Group Pty Ltd) Regulation 2022 LW 20 May 2022
Final Determination (2022-223) - published LW 20 May 2022
Government Sector Finance Amendment (Annual Reporting Requirements) Regulation 2022 LW 20 May 2022
Property NSW Amendment (Transfer of Property) Order 2022 LW 20 May 2022
Protection of the Environment Operations (Waste) Amendment Regulation 2022 LW 20 May 2022
Public Health Amendment (Scheduled Medical Conditions and Notifiable Diseases) Order 2022 LW 20 May 2022
Referable Debt Order LW 20 May 2022
Road Transport (General) Amendment Regulation 2022 LW 20 May 2022
Water Sharing Plan for the NSW Murray Darling Basin Fractured Rock Groundwater Sources Amendment Order 2022 LW 20 May 2022
Growth Centres (Development Corporations) Amendment (Northern Rivers Reconstruction Corporation) Order 2022 LW 13 May 2022
Harvestable Rights (central inland-draining catchments) Order 2022 LW 13 May 2022
Harvestable Rights (coastal-draining catchments) Order 2022 LW 13 May 2022
Local Government (General) Amendment (Temporary Emergency Accommodation) Regulation 2022 LW 13 May 2022
Local Land Services Amendment Regulation 2022 LW 13 May 2022
Long Service Leave Amendment (Regulatory Reform) Regulation 2022 LW 13 May 2022
Rural Fires Regulation 2022 LW 13 May 2022

Environmental Planning Instruments
Ballina Local Environmental Plan 2012 (Map Amendment No 5) LW 20 May 2022
Clarence Valley Local Environmental Plan 2011 (Map Amendment No 2) LW 20 May 2022
Inverell Local Environmental Plan 2012 (Map Amendment No 1) LW 20 May 2022
Liverpool Local Environmental Plan 2008 (Amendment No 94) LW 20 May 2022
Orange Local Environmental Plan 2011 (Map Amendment No 4) LW 20 May 2022
Parramatta Local Environmental Plan 2011 (Amendment No 61) LW 20 May 2022
Port Stephens Local Environmental Plan 2013 (Map Amendment No 3) LW 20 May 2022
Port Stephens Local Environmental Plan 2013 (Map Amendment No 4) LW 20 May 2022
Tamworth Regional Local Environmental Plan 2010 (Amendment No 23) LW 20 May 2022
Wingecarribee Local Environmental Plan 2010 (Map Amendment No 4) LW 20 May 2022
Yass Valley Local Environmental Plan 2013 (Map Amendment No 3) LW 20 May 2022
Blue Mountains Local Environmental Plan 2015 (Amendment No 14) LW 13 May 2022
Gosford Local Environmental Plan 2014 (Map Amendment No 1) LW 13 May 2022
Ku-ring-gai Local Environmental Plan 2015 (Map Amendment No 2) LW 13 May 2022
Liverpool Local Environmental Plan 2008 (Map Amendment No 3) LW 13 May 2022
Tweed Local Environmental Plan 2014 (Amendment No 35) LW 13 May 2022
Willoughby Local Environmental Plan 2012 (Amendment No 23) LW 13 May 2022

Bills introduced
Child Protection (Working with Children) Amendment Bill 2022
Children's Guardian Amendment Bill 2022
Disability Inclusion Amendment Bill 2022
Statute Law (Miscellaneous Provisions) Bill 2022
Animal Research Amendment (Right to Release) Bill 2022
Water Management Amendment (Floodplain Harvesting Licences Compensation) Bill 2022
Dingo Cultural Heritage and Protection Bill 2022
Environmental Planning and Assessment Amendment (Climate Change Response) Bill 2022

Bills revised following amendment in Committee
Mining and Petroleum Legislation Amendment Bill 2022
State Insurance and Care Legislation Amendment Bill 2022
Voluntary Assisted Dying Bill 2022
Public Health Amendment (Registered Nurses in Nursing Homes) Bill 2022
State Revenue and Fines Legislation Amendment (Miscellaneous) Bill 2022

Bills passed by both Houses of Parliament
Firearms Legislation Amendment Bill 2022
Government Telecommunications Amendment Bill 2022
Mining and Petroleum Legislation Amendment Bill 2022
RSL NSW Amendment Bill 2022
Voluntary Assisted Dying Bill 2022
Electronic Conveyancing (Adoption of National Law) Amendment Bill 2022
Racing and Gambling Legislation Amendment Bill 2022
State Revenue and Fines Legislation Amendment (Miscellaneous) Bill 2022
Work Health and Safety (Mines and Petroleum Sites) Amendment Bill 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.