NSW Government Bulletin - In the media, Practice and courts, Cases and Legislation - Constitutional & Administrative Law

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

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.

Australia: NSW Government Bulletin - In the media, Practice and courts, Cases and Legislation

In the media

Practice and courts

Published – articles, papers and reports

Cases

Legislation

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