In the media
NSW public service strike over pay offer
Thousands of NSW public service workers are on strike
after a promised payrise failed to satisfy unions. 24-hour strikes
are set to take place with a rally outside NSW parliament on
Wednesday (8 June 2022).
More...
NSW government workers in line for pay rise but not
enough to match inflation
More than 400,000 government employees are in for a pay
rise. But the yet-to-be-finalised pay rise, set to be announced in
the next week or so, will be nowhere near the 5 per cent the unions
are demanding to match inflation, so more strikes are likely (5
June 2022).
More...
NSW Premier announces $1.7 billion investment into
emergency health services
In a press conference today, NSW Premier Dominic Perrottet
announced a "significant investment" of $1.7 billion to
supply NSW with 2000 more paramedics, as well as additional support
staff, nurses and doctors (5 June 2022).
More...
NSW government considers FIFO teachers to fix
shortage
The New South Wales government is considering using fly-in
fly-out teachers to solve ongoing staff shortages in schools but
the opposition claims this is simply a band-aid solution (4 June
2022).
More...
ICAC chief tells pork-barrelling forum that NSW fund is
on 'other side of the line'
The head of the New South Wales anti-corruption watchdog
has cited the Berejiklian government's notorious $252m Stronger
Communities fund as a clear example of pork-barrelling, saying
almost its sole motive was political (3 June 2022).
More...
NSW flood inquiry to hear from residents, businesses and
local government in north-western Sydney
The NSW government says new data shows catastrophic
flooding across parts of the state this year has caused $1.3
billion in damage to local council roads. Resilience NSW has
received updated information also showing $150 million in damage to
the state road network (3 June 2022).
More...
It's down tools as NSW government backtracks on
Sunday construction
The government will not extend standard construction hours
but may change guidelines to allow councils to do so if they want
(3 June 2022).
More...
Thousands more to benefit from free TAFE for trades to
combat skills shortage
The state government said they know the issue of getting
more people trained in trades is two-fold. "We need to have
targeted immigration towards skills that are needed... and we are
skilling up the future workforce," stated NSW Minister for
Skills and Training, Alister Henskens (2 June 2022).
More...
Water compliance chief accuses NSW of 'most critical
failure' of Murray Darling Basin Plan
Australia's inspector-general of water compliance has
heavily criticised the New South Wales government for failing to
meet its obligations under the Murray Darling Basin Plan (2 June
2022).
More...
NSW government puts Beaches Link and Blue Mountains
tunnel on ice
The NSW government has all but confirmed it will mothball
several of its key infrastructure projects as it tries to
prioritise its big ticket spending (1 June 2022).
More...
$350 million Mole River Dam near Tenterfield scrapped
amid doubt about NSW dam projects
The NSW government has scrapped a proposed $350 million
dam in the state's north, which local landholders feared would
inundate several properties (1 June 2022).
More...
Infrastructure NSW report finds expensive projects will
be 'challenging' to deliver
In its five-year strategy, released today, Infrastructure
NSW argued it would become increasingly difficult for the NSW
government to deliver complex, multi-billion-dollar projects due to
labour shortages and the ongoing impact of the COVID-19 pandemic
(31 May 2022).
More...
NSW invests in Western Sydney advanced manufacturing
facility
The NSW Government has announced the investment of $260
million in a national-first, shared-use research facility to be
built close to the new Western Sydney International Airport. The
Advanced Manufacturing Research Facility (AMRF) will be the focal
point of the new Bradfield City Centre (31 May 2022).
More...
Improving affordability and access to IVF services in
NSW
The NSW Government has committed $80 million over 4 years
to increase access to affordable fertility treatments under the NSW
Affordable IVF Initiative. The new $2,000 fertility treatment
rebate will open 1 January 2023 (30 May 2022).
More...
Practice and courts
Commonwealth
AAT Bulletin Issue No.11/2022 30 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 3 June 2022. Read
more
here.
Supreme Court of NSW Decisions Reversed as at 27 May 2022. Read
more
here.
Published – articles, papers and reports
Local Government NSW – President's
Message
Local Government NSW President Cr Darriea Turley AM
reflects on issues and achievements affecting local government this
week (1 June 2022). Read more
here.
Infrastructure NSW – State Infrastructure Strategy
2022-2042
The Strategy sets out Infrastructure NSW's independent
advice to the NSW Government on the State's needs and strategic
priorities for infrastructure over the long term (31 May 2022).
Read the report
here.
NSW Department of Planning and Environment – Metal
recycler fined $250,000
A metal recycler in Sydney's west has been fined
$250,000 after pleading guilty to breaching the approval conditions
of its facility. The Department of Planning and Environment's
Deputy Secretary for Development Assessments, David Gainsford, said
the judgment is a result of prosecution brought against Sell &
Parker following an investigation (26 May 2022). Read the article
here.
Bioenergy Australia – Renewable Energy and
Agriculture in NSW
Bioenergy Australia appreciate the opportunity to respond
to the NSW Government's review of the adequacy of existing
frameworks regarding renewable energy and agriculture in NSW by the
NSW Agriculture Commissioner Daryl Quinliven (May 2022). Read the
submission
here.
Cases
Hunter Development Brokerage Pty Limited trading as HDB
Town Planning and Design v Singleton Council
[2022] NSWLEC 64
ENVIRONMENT AND PLANNING –class 1 appeal –
application to modify a development consent pursuant to s 4.56
Environmental Planning and Assessment Act 1979 (NSW) –
electricity generating power plant – coal tailings used as
fuel – addition of biomass as fuel source – whether
proposed development substantially the same – not
substantially the same – appeal dismissed.
Environmental Planning and Assessment Act 1979 (NSW).
Johnson v Wollondilly Shire Council
[2022] NSWCATAD 182
Administrative Law – access to government
information – diminish the competitive commercial value of
information – prejudice any person's legitimate business
– prejudice the effective exercise of agency's functions
– disclosure of information provided to an agency in
confidence – balancing public interest considerations.
Civil and Administrative Tribunal Act 2013; Administrative
Decisions Review Act 1997.
Tom v Commissioner of Fair Trading
[2022] NSWCATOD 57
ADMINISTRATIVE LAW – REVIEW OF DECISION BY EXTERNAL
DECISION-MAKER – decision to cancel contractor licence and
disqualify a licence holder pursuant to section 62 of the Home
Building Act 1989 (NSW); PRACTICE AND PROCEDURE –
INTERLOCUTORY ORDER – joining a complainant to proceedings
– access for the purposes of an inspection.
Administrative Decisions Review Act 1997; Civil and Administrative
Tribunal Act 2013; Civil and Administrative Tribunal Rules 2014;
Home Building Act 1989; Liquor Act 2007; Police Act 1990.
Gabriel v TAFE NSW [2022]
NSWCATAD 175
HUMAN RIGHTS – discrimination – direct
discrimination – racial discrimination – educational
institution.
Anti-Discrimination Act 1977 (NSW); Civil and Administrative
Tribunal Act 2013 (NSW).
Thomas v Commissioner of Victims Rights
[2022] NSWCATAD 177
ADMINISTRATIVE LAW – merits review – Victims
Rights and Support – whether all of the victims support
directly resulted from a relevant offence – reasonableness of
financial support – alleged financial hardship.
Administrative Decisions Review Act 1997 (NSW); Civil and
Administrative Decisions Tribunal Act 2013 (NSW); Crimes (Domestic
and Personal Violence) Act 2007 (NSW); Crimes (Sentencing and
Procedure) Act 1999 (NSW); Fines Act 1996 (NSW); Victims Rights and
Support Act 2013 (NSW); Victims Rights and Support Regulation 2019
(NSW).
Adams v Commissioner for Police
[2022] NSWCATAD 178
ADMINISTRATIVE LAW – access to government
information – overriding public interest consideration
against disclosure of information sought (cl 1(d), 1(e), 1(f), 1(h)
and 3(a) of the Table to s 14(2) of the Government Information
(Public Access) Act 2009) – dealing with the access
application would require an unreasonable and substantial diversion
of resources.
Administrative Decisions Review Act 1997 (NSW); Freedom of
Information Act 1982 (Cth); Freedom of Information Act 1989 (NSW)
(repealed); Government Information (Public Access) Act 2009 (NSW);
Government Information (Public Access) Amendment Act 2018; Privacy
and Personal Information Protection Act 1998 (NSW).
Wolf Matthews v Secretary, Department of
Education [2022] NSWCATAD
173
HUMAN RIGHTS – discrimination – equal
opportunity – racial discrimination – racial
vilification – victimisation – leave required for
complaint to proceed – whether complaint lacking in substance
– whether redress sufficient or appropriate – whether a
'public act' – principles applying to grant of
leave.
Anti-Discrimination Act 1977; Civil and Administrative Tribunal Act
2013.
SafeWork NSW v Carricks Plumbing and Gasfitting Pty
Ltd [2022] NSWDC
175
CRIMINAL LAW – prosecution – work health and
safety – duty of persons undertaking business – risk of
death or serious injury; SENTENCE – objective seriousness
– mitigating factors – aggravating factors – plea
of guilty – general deterrence – specific deterrence
– parity – appropriate sentence – strong
subjective case – capacity to pay; OTHER – s 19(1) of
the Work Health and Safety Act 2011 (NSW).
Crimes (Sentencing Procedure) Act 1999 (NSW); Fines Act 1996 (NSW);
Work Health and Safety Act 2011 (NSW); Work Health and Safety
Regulation 2011 (NSW).
SafeWork NSW v Form Group NSW Pty Ltd
[2022] NSWDC 176
CRIMINAL LAW – prosecution – work health and
safety – duty of persons undertaking business – duty of
employers – risk of death or serious injury – worker
injured; SENTENCING – objective seriousness –
deterrence – aggravating factors – mitigating factors
– capacity to pay a fine – penalty; SENTENCING
PRINCIPLES – no record of previous convictions – good
prospects of rehabilitation – remorse – plea of guilty
– assistance to law enforcement authorities.
Crimes (Sentencing Procedure) Act 1999; Fines Act 1996; Work Health
and Safety Act 2011; Work Health and Safety Regulation 2017.
SafeWork NSW v Piergrosse [2022]
NSWDC 174
CRIMINAL LAW – prosecution – work health and
safety – duty of persons undertaking business – risk of
death or serious injury; SENTENCE – objective seriousness
– mitigating factors – aggravating factors – plea
of guilty – general deterrence – specific deterrence
– parity – appropriate sentence – strong
subjective case – capacity to pay; OTHER – s 19(1) of
the Work Health and Safety Act 2011 (NSW).
Crimes (Sentencing Procedure) Act 1999 (NSW); Work Health and
Safety Act 2011 (NSW).
Pittorino v Commissioner of Police
(No 2) [2022] NSWCATAD 166
ADMINISTRATIVE REVIEW – Licensing – Firearms
– criminal history – traffic history – close
associates – public interest – public safety.
Administrative Decisions Review Act 1997; Civil and Administrative
Tribunal Act 2013; Firearms Act 1996.
FNN v Cumberland City Council
[2022] NSWCATAD 169
ADMINISTRATIVE LAW – Procedure – application
for disqualification – bias – perceived bias.
Civil and Administrative Tribunal Act 2013; Interpretation Act
1987; Privacy and Personal Information Protection Act 1998;
Workers' Inquiry Management and Workers' Compensation Act
(NSW) 1998.
Legislation
NSW
Regulations and other miscellaneous instruments
Environmental Planning and Assessment Amendment (Temporary
Emergency Facilities) Regulation 2022 LW 3 June 2022
Heavy Vehicle (Adoption of National Law) Amendment Regulation
2022 LW 3 June 2022
Rail Safety National Law National Regulations (Reporting
Requirements) Amendment Regulations 2022 LW 3 June 2022
Retirement Villages Amendment (Operator Obligations) Regulation
2022 LW 3 June 2022
Administrative Arrangements (Administrative
Changes—Miscellaneous) Order (No 6) 2022 LW 1 June
2022
Community Land Management Amendment (COVID-19) Regulation 2022
LW 1 June 2022
Liquor Amendment (Online Age Verification Requirements) Regulation
2022 LW 1 June 2022
Strata Schemes Management Amendment (COVID-19) Regulation 2022
LW 1 June 2022
Essential Services Proclamation 2022 LW 30 May 2022
Essential Services Regulation 2022 LW 30 May 2022
Civil and Administrative Tribunal (Amendment No 8) Rule 2022 LW
27 May 2022
Environmental Planning and Assessment Amendment (Moorebank Freight
Intermodal Precinct) Regulation 2022 LW 27 May 2022
Final Determination LW 27 May 2022
Mutual Recognition (New South Wales) Temporary Exemptions
Regulation 2022 LW 27 May 2022
Poisons and Therapeutic Goods Amendment (Vaccines) Regulation
2022 LW 27 May 2022
Trans-Tasman Mutual Recognition (New South Wales) Temporary
Exemptions Regulation 2022 LW 27 May 2022
Public Health Amendment (COVID-19 Air and Maritime Arrivals)
Regulation 2022 LW 24 May 2022
Environmental Planning Instruments
Campbelltown
Local Environmental Plan 2015 (Map Amendment No 6) LW 3 June
2022
Great
Lakes Local Environmental Plan 2014 (Amendment No 23) LW 3 June
2022
Maitland
Local Environmental Plan 2011 (Map Amendment No 2) LW 3 June
2022
Muswellbrook
Local Environmental Plan 2009 (Amendment No 16) LW 3 June
2022
State
Environmental Planning Policy Amendment (Temporary Emergency
Facilities) 2022 LW 3 June 2022
Camden
Local Environmental Plan Amendment (Precincts – Western
Parkland City) (Map Amendment No 1) LW 27 May 2022
Goulburn
Mulwaree Local Environmental Plan 2009 (Map Amendment No 6) LW
27 May 2022
Mosman
Local Environmental Plan 2012 (Amendment No 11) LW 27 May
2022
Mosman
Local Environmental Plan Amendment (Complying Development) 2022
LW 27 May 2022
Parramatta
(former The Hills) Local Environment Plan 2012 (Amendment No 1)
LW 27 May 2022
Parramatta
(former The Hills) Local Environmental Plan 2012 (Map Amendment No
1) LW 27 May 2022
State
Environmental Planning Policy (Transport and Infrastructure)
Amendment (Moorebank Freight Intermodal Precinct) 2022 LW 27
May 2022
Tweed
Local Environmental Plan 2014 (Amendment No 36) LW 27 May
2022
Bellingen
Local Environmental Plan 2010 (Amendment No 14) LW 26 May
2022
Gosford
Local Environmental Plan 2014 (Amendment No 41) LW 26 May
2022
Inverell
Local Environmental Plan 2012 (Amendment No 5) LW 26 May
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.