In the media
NSW Government announces review into funding model of
councils
The NSW Government has announced it will implement a
review of the financial model for local government to address
rising cost pressures facing councils across the state. The review
has asked the Independent Pricing and Regulatory Tribunal to assess
the resources currently available to councils, their capacity to
cover ongoing expenses and ability to fund core council services
and infrastructure for their communities (30 January 2024). Read
more here.
NSW farmers permitted unlicensed firefighting vehicles
as part of RFS trial
Farmers are no strangers to protecting their homes from
bushfires and have welcomed a new trial that will abolish expensive
registration fees for private firefighting vehicles. A trial is now
underway, allowing unregistered vehicles on farms to fight fires
and will end on 31 March 2024. (29 January 2024). Read more here.
A litany of building defects across NSW has shaken
consumers but experts say new laws are turning things around
The NSW Building Commission has been granted extra powers
to order fixes during housing and residential construction
projects. New laws have introduced a five-star rating system for
builders and developers (known as iCIRT) and 10-year defect
insurance for apartment buildings are now in place. The NSW
Building Commissioner states that building developers are liable to
cover the repair costs. The changes aim to build confidence for
consumers buying off-plan properties, considering the various major
construction defects being found in new apartment buildings, such
as Lachlan's Line Macquarie Park (19 January 2024). Read more
here.
Greater employment protections for council waste
workers
Changes to the Local Government (General) Regulation 2021
have been gazetted to ensure greater protection for the employment
of waste workers when council waste management contracts go to
tender. The regulation changes now in effect mean tenderers for
domestic or other waste management services must now offer
employment to existing staff on at least the same terms as their
current employer and with no loss to their entitlements. Tenderers
must also agree to award annual pay increases based on the
applicable industrial instrument or the Local Government (State)
Award, if one does not exist (17 December 2023). Read more here.
In the courts and practice
Justice Derek Price to retire as Chief Judge of NSW
District Court
His Honour Justice Derek Price AO will retire as the Chief
Judge of the District Court of NSW and President of the Dust
Diseases Tribunal after a remarkable career of more than 35 years
presiding on the bench of 3 NSW courts (30 January 2024). Read more
here.
Review of NSW's laws on threats and incitement to
violence
On 19 January 2024, the NSW Government announced that the
former Chief Justice of the NSW Supreme Court, the Hon. Tom
Bathurst AC KC will conduct a review of the laws regulating
incitement to violence: the policy objectives and effectiveness of
section 93Z of the Crimes Act 1900 (NSW). The review will
consider similar laws in other jurisdictions, including the UK (19
January 2024). Read more here.
Remuneration of costs assessors to take effect on 1
February 2024 – Supreme Court of NSW
The Attorney General has released a determination
increasing the rate of remuneration of costs assessors to $355.00
per hour (exclusive of GST). The increased rate will take effect
for all cost assessment applications filed on or after 1 February
2024 (12 January 2024). Read the costs assessment forms and fees here.
Publications
Have your say – ClubGRANTS scheme
The NSW Government has released a discussion paper and
begun community consultation into the effectiveness of the
Clubgrants scheme, as part of a wider review to ensure the grants
program is providing a social benefit to the people of NSW. The
discussion paper provides background on Clubgrants, the terms of
reference and targeted questions to help guide submissions. There
is also a survey for those who do not want to write a submission.
Liqour & Gaming NSW is seeking feedback until 18 March 2024 (23
December 2023). Read the media release here. Access the discussion paper and survey
here.
Have your say – Small-Scale Titles
In June 2023, the NSW Government announced an Independent
Review into the statutory framework for small-scale titles is
seeking feedback on an Issues Paper on the current state of the NSW
opal industry. Following recent engagement with key stakeholders,
the Review has released an Issues Paper and seeking feedback on
range of issues. The consultation period is open until 28 February
2024. Read more here.
Cases
Grande v Lismore City Council [2024] NSWCATAD
33
ADMINISTRATIVE REVIEW – Government Information (Public
Access) Act 2009 (NSW) – whether information is held by the
agency – public interest considerations against disclosure
– prejudice any person's legitimate business, commercial,
professional or financial interests.
Administrative Decisions Review Act 1997 (NSW), ss 55, 63;
Government Information (Public Access) 2009 (NSW), ss 3, 5, 9, 12,
13, 14, 15, 54, 55, 58, 74, 80, 100, 104, 105.
Carver v State of New South Wales [2024] NSWCA
10
LAND LAW – Crown land – claim by Crown for
possession of Crown land – where land previously subject to a
permissive occupancy – whether claim statute barred on the
basis that the land has been in adverse possession for over 30
years – ss 27 and 38 of the Limitation Act 1969 (NSW) –
effect of s 65 Limitation Act – whether s 13.1 of the Crown
Land Management Act 2016 (NSW) precludes the appellant's
defence that the Crown's action is statute barred.
LAND LAW – adverse possession – intention to possess
– where rent paid to the Crown – where occupant sought
to regularise his occupation of the land by seeking a permissive
occupancy or licence from the Crown.
Crown Lands Act 1989 (NSW) s 170; Crown Lands (Amendment) Act 1931
(NSW); Crown Lands Consolidation Act 1913 (NSW) s 136K; Crown Land
Management Act 2016 (NSW) s 13.1; Land Acquisition (Just Terms
Compensation) Act 1991 (NSW); Limitation Act 1969 (NSW) ss 8, 27,
38, 54, 65, sch 4; Limitations of Actions Act 1974 (Qld) ss 13 and
24.
Skermanic Pty Limited v Blue Mountains City
Council [2024] NSWLEC 1031
DEVELOPMENT APPLICATION – demolition and alterations and
additions to an existing heritage item – use as an aged care
facility – whether the development application will have an
adverse and unacceptable impact on the heritage significance of
"The Ritz" a local heritage item – public interest
– appeal dismissed.
Blue Mountains Local Environmental Plan 2005, Sch 6 Pt 1; Blue Mountains Local Environmental Plan 2015, cll 6.19, 4.3, 4.6, 5.10, 7.1, 7.8, Pt 7, Sch 5; Environmental Planning and Assessment Act 1979, ss 8.7, 4.15, 4.17; Land and Environment Court Act 1979, s 34.
Sydney Metro v G & J Drivas Pty Ltd
[2024] NSWCA 5
COMPULSORY ACQUISITION – compulsory acquisition of land
– compensation – construction of s 56(1)(a) of Land
Acquisition (Just Terms Compensation) Act 1991 (NSW) –
determination of market value – decrease in land value
claimed to be caused by public purpose – statutory disregard
– owners advised of acquisition 17 months prior to
acquisition and slowed then stopped development work – Issue
of causation to be understood in statutory context – strain
on causal attribution where choices made by owners – causal
issue is re effects of public purpose not of acquisition –
potential for windfall to owners – effects on value caused
only by choices by owners because of possibility of the land being
acquired not within s 56(1)(a).
COMPULSORY ACQUISITION – compensation – disturbance
– construction of s 59(1)(f) of Land Acquisition (Just Terms
Compensation) Act 1991 (NSW) – stamp duty and mortgage costs
only claimable as disturbance under ss 59(1)(d) and (e).
Land Acquisition (Just Terms Compensation) Act 1991 (NSW) ss 3-4,
10, 13-14, 37, 54-56, 59, 61; Land Acquisition and Compensation Act
1986 (Vic) s 43(1)(a); Land and Environment Court Act 1979 (NSW) s
57(1); Local Government Act 1993 (NSW); Public Works Act 1912 (NSW)
s 124; Transport Administration Act 1988 (NSW).
Kosciolek v Commissioner of Police [2024]
NSWSC 15
ADMINISTRATIVE LAW – judicial review – penalty notice
for breach of COVID-19 public health order – whether the
description on penalty notice specified the offence as required by
s 20 of the Fines Act 1996 (NSW) – obligation of Commissioner
of Taxation to administer law as interpreted by the Court –
whether the Court should make a declaration and give reasons where
notice admitted to be invalid and withdrawn – whether any
public interest warranting a declaration and Court's reasons
for invalidity.
Fines Act 1996 (NSW); Public Health Act 2010 (NSW).
Covid Safe Schools Inc v Secretary, Department
of Education [2024] NSWCATAD 29
ADMINISTRATIVE REVIEW – Government
Information (Public Access) Act 2009 (NSW) – whether
information publicly available to applicant – whether
information is held by the agency.
Administrative Decisions Review Act 1997 (NSW), ss 55, 58, 63;
Civil and Administrative Tribunal Act 2013 (NSW), s 50; Government
Information (Public Access) 2009 (NSW), ss 3, 5, 9, 53, 57, 58, 59,
63, 74, 80, 100, 105.
Bayside Council v Outdoor Systems Pty
Limited [2024] NSWLEC 1
ENVIRONMENT AND PLANNING – consent – duration or
lapsing of development consent – breach of s 4.3 of the
Environmental Planning and Assessment Act 1979 (NSW) –
prohibited development – declarations and injunctive relief
– stay of injunctive relief.
Environment Planning and Assessment Act 1979 (NSW) ss 3.28, 9.46;
Environment Planning and Assessment Act 1979 (NSW) (as at 15
September 2006) ss 36, 83, 97; Environment Planning and Assessment
Act 1979 (NSW) (as at 6 January 2017) s 99AA; Evidence Act 1995
(NSW) s 191; Local Government Act 1993 (NSW); Roads Act 1993 (NSW)
s 10.
Peden v Lake Macquarie City Council [2024]
NSWLEC 2
JUDICIAL REVIEW: validity of consent for change of use of land
– whether change of use constitutes development where no
erection of a dwelling occurs – the meaning of "carrying
out development" – change of use from dwelling and
secondary dwelling to dual occupancy – change of use is
development – Council had the power to grant the
consent.
Environmental Planning and Assessment Act 1979, ss 1.4(1), 1.5,
1.5(1), 1.5(3), 1.5(4), 4.2(1), 4.2(2), 4.12, 4.15, 4.16, 4.16(1),
4.53(4), 4.53(5), 4.70, 4.70(1); Lake Macquarie Local Environmental
Plan 2014, cll 2.3(1)(c), 2.6, 3, 4.1, 4.1A, 4.1A(2)(a), 5.4(9);
State Environmental Planning Policy (Affordable Rental Housing)
2009, cl 24, Sch 1; State Environmental Planning Policy (Housing)
2021, cl 51.
Christian Community Ministries Ltd v Minister
for Education and Early Learning [2024] NSWCA 1
EDUCATION – financial assistance to non-government schools
– entitlement conditioned on school not operating for profit
– decision made to recover past financial assistance on the
basis that the relevant school was non-compliant because it had
operated for profit from 2015 to 2020.
STATUTORY INTERPRETATION – where Minister made recovery
decision under s 83J of Education Act 1990 (NSW) and non-compliance
declaration under s 83F of that Act – whether Minister was
empowered to make recovery decision in relation to the period prior
to her making the non-compliance declaration because she had not
reached the requisite state of satisfaction that the school was
operating for profit under s 83E of that Act.
Education Act 1990 (NSW) Pt 7 Div 3 ss 83A-83L, s 107(1)(e2);
Uniform Civil Procedure Rules 2005 (NSW) r 59.9.
Sethi v New South Wales Crime Commission
[2024] NSWCATAD 21
ADMINISTRATIVE REVIEW – Government Information (Public
Access) Act 2009 (NSW) – whether information sought is
'excluded information' – whether information is not
held by the agency.
PRACTICE AND PROCEDURE – whether hearing should be adjourned
– whether the Registrar should be directed to issue a Summons
compelling a person to attend the hearing to give evidence –
whether a non-publication order should be made.
Administrative Decisions Tribunal Act 1997 (NSW), s 75;
Administrative Decisions Review Act 1997 (NSW), s 55, 58, 63; Crime
Commission Act 2012 (NSW), ss 7, 10,11, 11A, 12, 13, 49, 50, 59;
Government Information (Public Access) Act 2009 (NSW), ss 3, 5, 9,
12, 13, 14, 43, 51, 53, 58, 80, 100, 101, 105; Law Enforcement
Conduct Commission Act 2016 (NSW).
Imbree v Chief Commissioner of State
Revenue [2024] NSWATAD 22
TAXES AND DUTIES – stamp duty concession – whether s 55
applies – statutory construction – whether an agreement
to transfer dutiable property is a transfer of dutiable property
– whether s 55 applies only to resulting trusts –
whether beneficiary of self managed superannuation fund is the real
purchaser and the superannuation fund is the apparent purchaser
– stamp duty exemption – whether s 65(10)
applies.
Administrative Decisions Review Act 1997, ss 9, 63; Duties Act
1997, ss 8, 9, 55, 65; Interpretation Act 1897, s97; Taxation
Administration Act 1996, ss 96, 100.
Public Service Association and Professional
Officers' Association Amalgamated Union of New South Wales (obo
Saraceno) v Commissioner of Police [2024] NSWIRComm
1001
EMPLOYMENT AND INDUSTRIAL LAW – Industrial disputes
– Power of Commission to make a determination pursuant to s
175 of the Industrial Relations Act 1996 – whether factual
bases for relief sought established – Whether communications
between union delegate and union subject to legal professional
privilege – relevance of establishing a collective element to
the dispute to the exercise of discretion to grant relief –
no basis to grant relief.
EMPLOYMENT AND INDUSTRIAL LAW – victimisation –
threatened termination of employee for disclosing confidential
information to union as part of employee's duties as union
delegate, including as a witness in proceedings for a new award
– employer audited employees' emails and discovered
disclosures – Whether substantial and operative reason for
investigating and finding employee had engaged in misconduct was
his role as delegate and/or his participation in award proceeding
– consideration of 'reverse onus' provided for in s
210(2) of the Industrial Relations Act 1996 – relevance of
the correctness of the belief held by person responsible for taking
detrimental action against employee to determining whether onus
discharged – consideration as to whether other persons had an
material effect on decisions of those responsible for taking
detrimental action – presumption that detrimental action
taken for proscribed reason displaced by direct evidence from those
who took the detrimental action as to their motivations which was
accepted – application dismissed.
Evidence Act 1995 (NSW), s 117; Fair Work Act 2009 (Cth), ss 340,
341, 361; Government Sector Employment Act 2013 (NSW), s 69(4);
Government Sector Employment (NSW Police Force) Rules 2017 (NSW),
rr 44-46; Industrial Relations Act 1996 (NSW), ss 6, 130, 131, 136,
137, 138, 163, 210, 213, 214; Police Act 1990 (NSW), ss 5, 81G,
218; Police Regulation 2015 (NSW), reg 76.
Christou v Wollongong City Council [2024]
NSWLEC 1018
APPEAL – development application – building information
certificate application – minor alterations and prospective
use of existing industrial building for warehouse purposes –
associated parking and landscape changes – contravention of
floor space ratio development standard is determinative – no
cause to direct the issue a building information certificate in
relation to unauthorised industrial building.
Environmental Planning and Assessment Act 1979, ss 6.25, 8.25, 8.8;
Land and Environment Court Act 1979, s 34; Standard Instrument
– Principal Local Environmental Plan (Standard Instrument),
cl 4.6; Wollongong Local Environmental Plan 2009, cll 4.4, 4.6,
5.21.
Dezfouli v Commissioner of Police, NSW Police
Force [2024] NSWCATAD 15
ADMINISTRATIVE LAW – Government Information (Public Access)
Act 2009 – refusal to deal with an access application –
unreasonable and substantial diversion of agency resources –
agency already decided a previous application for the
information.
Administrative Decisions Review Act 1997 (NSW), s 55, 63;
Government Information (Public Access) Act 2009 (NSW), s 3, 5, 9,
12, 14, 54, 54A, 57, 58, 60, 62, 64, 68, 69, 70, 105, Schedule
1.
Eskander v Georges River Council [2024]
NSWLEC 1006
APPEAL – development application – detached dual
occupancy – whether adequate arrangements for suitable
vehicular access – impact on trees – landscaping
– size of basement and extent of excavation.
Environmental Planning and Assessment Act 1979, ss 4.15, 8.7;
Environmental Planning and Assessment Regulation 2021, ss 23, 38;
Georges River Local Environmental Plan 2021, cll 4.3, 4.4A, 6.2,
6.9, 6.12; Land and Environment Court Act 1979, ss 34AA, 39, 40;
Local Government Act 1993, s 701; Roads Act 1993, ss 6, 249; State
Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6;
Uniform Civil Procedure Rules 2005, Pt 31.
Gazal v Deputy Commissioner of Taxation
[2024] NSWSC 1
TAXES AND DUTIES – review – whether departure
prohibition order made under Taxation Administration Act 1953
(Cth), s 14S should be set aside pursuant to Taxation
Administration Act 1953 (Cth), s 14V – whether the Deputy
Commissioner of Taxation had a bona fide belief and reasonable
grounds to believe it was desirable to prohibit the plaintiff from
departing Australia to travel to Slovenia for urgent medical
treatment – where plaintiff is subject to a tax liability of
$18 million under a Deed of Settlement executed by the plaintiff
and the Commissioner – where plaintiff has arguably
contravened freezing orders of this Court not to diminish the value
of assets subject to tax recovery proceedings – where
plaintiff has previously been imprisoned for financial crimes
– where plaintiff frequently travels overseas and has
previously transferred funds overseas.
CIVIL PROCEDURE – discontinuance of proceedings –
whether the Court should grant application during final submissions
for leave to file a notice of discontinuance pursuant to Uniform
Civil Procedure Rules 2005 (NSW), r 12.1 – where the Court
has granted an early final hearing in the vacation list –
where the defendant has gained forensic advantages in the hearing
– where application made at the conclusion of the
hearing.
COSTS – costs assessment – specified gross sum order
instead of assessed costs – Civil Procedure Act 2005
s98(4)(c) – order for costs made against an unsuccessful
plaintiff – where the plaintiff has few assets in his own
name and an assessment of costs would cause unnecessary aggravation
expense to the defendant – consideration of making a
specified gross sum order instead of assessed costs.
Civil Procedure Act 2005, Part 6, ss 91, 98(4)(c); Taxation
Administration Act 1953 (Cth), ss 14R, 14S, 14U, 14V, 14X; Uniform
Civil Procedure Rules 2005, rr 12.1(1), 12.3, 42.19.
IT
Power (Australia) Pty Ltd v Mid-Western Regional Council
(2023) NSWLEC 1800
APPEAL – development application – construction and use
of a 10MW solar farm and associated infrastructure – Mid-Western
Regional Local Environmental Plan (Transport and
Infrastructure) (Map Amendment No 1) – State
Environmental Planning Policy (Transport and Infrastructure)
2021, s 2.42(2) and (3) – whether the development
is located to avoid significant conflict with existing or approved
residential or commercial uses of land surrounding the development
and is unlikely to have a significant adverse impact on the
regional city's scenic quality and landscape character –
visually sensitive land near Mudgee – Mid-Western
Regional Local Environmental Plan 2012, cl 6.10 – whether the proposed development
will complement the visual setting forming the backdrop to Mudgee
and will be designed, set back and sited to respond sympathetically
to the landform of the site on which the development is proposed to
be carried out and will minimise visual intrusion.
Electricity Infrastructure Investment Act 2020, Pt 4; Mid-Western
Regional Local Environmental Plan (Transport and Infrastructure)
(Map Amendment No 1), cl 2; Mid-Western Regional Local
Environmental Plan 2012, cl 6.10; State Environmental Planning
Policy (Transport and Infrastructure) 2021, ss 2.36, 2.42; Sch
6.
Commissioner of Police, NSW Police Force v
Ireland [2024] NSWCATAP 1
ADMINISTRATIVE LAW – hearing rule – right to
cross-examine witnesses – failure to allow the Appellant to
cross-examine witnesses – reliance on the evidence of those
witnesses – breach of procedural fairness – practical
injustice resulting from breach of obligation to provide procedural
fairness.
Civil and Administrative Tribunal Act 2013 (NSW), Mental Health Act
2007 (NSW).
National Parks Association of NSW Inc v
Minister for Environment and Heritage [2023] NSWLEC
149
JUDICIAL REVIEW – amendment of a plan of management for a
national park – statutory requirement for consideration of
relevant matters – when matters required to be considered
– who required to consider matters – whether matters
considered at required time and by required person.
National Parks and Wildlife Act 1974 (NSW) ss 72AA, 73A, 73B, 74,
75, Pt 5; Government Information (Public Access) Act 2009 (NSW);
Land and Environment Court Rules 2007 (NSW) r 4.2(1); Uniform Civil
Procedure Rules 2005 (NSW) r 59.10(1).
SafeWork NSW v Inghams Enterprises Pty
Limited [2023] NSWDC 580
CRIMINAL LAW – prosecution – work health and safety
– duty of persons undertaking business – risk of death
or serious injury – maximum penalty.
SENTENCE – objective seriousness – mitigating factors
– aggravating factors – plea of guilty –
appropriate discount for the utility of the plea – general
deterrence – specific deterrence – remorse and
contrition – maximum penalties.
COSTS – prosecutor's costs.
Crimes (Sentencing Procedure) Act 1999 (NSW); Criminal Procedure
Act 1986 (NSW); Fines Act 1996 (NSW); Work Health and Safety Act
2011 (NSW).
Queanbeyan-Palerang Regional Council v
Walker [2023] NSWLEC 146
CIVIL ENFORCEMENT – s 4.2 of the Environmental Planning and
Assessment Act 1979 (NSW) – where respondents carried out
earthworks, erection of a building and driveway works without
consent – orders made requiring demolition of works and
restoration of land – s 23 of the Land and Environment Court
Act 1979 (NSW) – r 40.8 of the Uniform Civil Procedure Rules
– orders made permitting the Council to carry out works if
respondents fail to comply with orders.
Biodiversity Conservation Act 2016 (NSW); Environmental Planning
and Assessment Act 1979 (NSW); Land and Environment Court Act 1979
(NSW); Protection of the Environment Operations Act 1997 (NSW);
Uniform Civil Procedure Rules 2005 (NSW).
Carpenter Street Centre Pty Ltd atf The
Carpenter Street Centre Trust v Penrith City Council [2024]
NSWLEC 1005
APPEAL – development application – centre based child
care facility in residential area – compatibility with the
character of the local area – compliance with setback
controls for predominant land use – amenity of lower ground
level indoor play areas.
Education and Care Services National Regulations 2011, reg 110;
Environmental Planning and Assessment Act 1979, ss 4.15, 8.7;
Environmental Planning and Assessment Regulation 2021 ss 24, 38;
Penrith Local Environmental Plan 2010, cll 4.3, 4.4, 7.4, 7.30;
State Environmental Planning Policy (Resilience and Hazards) 2021,
s 4.6; State Environmental Planning Policy (Transport and
Infrastructure) 2021, ss 3.22, 3.23, 3.25, 3.26.
Eskander v Georges River Council [2024]
NSWLEC 1006
APPEAL – development application – detached dual
occupancy – whether adequate arrangements for suitable
vehicular access – impact on trees – landscaping
– size of basement and extent of excavation.
Environmental Planning and Assessment Act 1979, ss 4.15, 8.7;
Environmental Planning and Assessment Regulation 2021, ss 23, 38;
Georges River Local Environmental Plan 2021, cll 4.3, 4.4A, 6.2,
6.9, 6.12; Land and Environment Court Act 1979, ss 34AA, 39, 40;
Local Government Act 1993, s 701; Roads Act 1993, ss 6, 249; State
Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6;
Uniform Civil Procedure Rules 2005, Pt 31.
TPG Telecom Limited v Inner West Council
[2023] NSWLEC 1778
APPEAL – development application – telecommunications
facility – monopole with headframe – proposed on the
site of an existing substation adjacent to heritage listed Callan
Park – impact on setting and views to heritage item –
visual impact – compatibility with character of the area
– issues of site selection.
Callan Park (Special Provisions) Act 2002; Environmental Planning
and Assessment Act 1979, ss 4.15, 4.16, 8.7; Inner West Local
Environmental Plan 2022 cl 1.8A; Interpretation Act 1987, s 30A;
Leichhardt Local Environmental Plan 2013, cll 1.2, 5.10, 6.1, 6.2;
State Environmental Planning Policy (Biodiversity and Conservation)
2021, Pt 6.3, s 6.65, Ch 10; State Environmental Planning Policy
(Resilience and Hazards) 2021, s 4.6; State Environmental Planning
Policy (Transport and Infrastructure) 2021, s 2.143; Sydney
Regional Environmental Plan (Sydney Harbour Catchment) 2005;
Uniform Civil Procedure Rules 2005, r 31.27.
Campbelltown City Council v Ahmed [2023]
NSWLEC 147
JUDICIAL REVIEW – Complying Development Certificate (CDC)
issued for construction of group homes and attached garage –
cll 8 and 20 of Sch 2 of State Environmental Planning Policy
(Housing) 2021 (Housing SEPP) – whether development met
building articulation and location of fill requirements – CDC
was not complying development under cl 64(1)(d) of the Housing SEPP
– cl 1.18(e) of State Environmental Planning Policy (Exempt
& Complying Development Codes) 2008 (Code SEPP) – whether
consent was required for modification of driveway under s 138 of
the Roads Act 1993 (NSW) – no work proposed for
driveway.
Environmental Planning & Assessment Act 1979 (NSW); Roads Act
1993 (NSW); Uniform Civil Procedure Rules 2005 (NSW).
McKenzie v Attorney General for New South
Wales [2023] NSWSC 1639
ADMINISTRATIVE LAW – judicial review – decision to
revoke parole – whether decision maker was satisfied of
subjective jurisdictional fact – whether error on the face of
the record – whether parole authority required to conduct an
inquiry or hearing prior to revoking parole – whether
decision legally unreasonable – whether error disclosed on
the face of the record – decision made in September 2016 and
is out of time fixed by UCPR 59.10 – whether leave ought to be
granted.
Crimes (Administration of Sentences) Act 1999 (NSW) ss 2A, 3, 135,
169, 170, 173, 175, 180, 181, Sch 1; Crimes (Administration of
Sentences) Regulation 1999 (NSW); Government Information Public
Access Act 2009 (NSW); Uniform Procedure Rules 2005 (NSW) Pt
59.
Symond Family Investments Pty Ltd v Woollahra
Municipal Council [2023] NSWLEC 1789
DEVELOPMENT APPLICATION – alterations and additions to
existing commercial development in E1 Local Centre – whether
consistent with the desired future character of the neighbourhood
– height standard is exceeded – FSR standard is
exceeded – conditions of consent are disputed.
Civil Procedure Act 2005, s 56; Environmental Planning and
Assessment Act 1979, ss 1.3, 4.15, 4.16, 8.7, 8.15; Environmental
Planning and Assessment Regulation 2021, s 38; State Environmental
Planning Policy (Resilience and Hazards) 2021, s 4.6; Uniform Civil
Procedure Rules 2005, Sch 7, rr 2.1, 29.5; Woollahra Local
Environmental Plan 2014, cll 1.2, 4.3, 4.4, 4.4A, 4.6, 5.21, 6.1,
6.2.
Chit Chit Than v SafeWork NSW & Anor
[2023] NSWIRComm 1122
EMPLOYMENT AND INDUSTRIAL LAW – work health and safety
– cancellation of provisional improvement notice –
external review – principles to the approach of the review
– point of time for review – whether inspector on
review of a provisional improvement notice has a general discretion
to cancel, vary or confirm – Commission may consider
contemporaneous factual circumstances in an external review –
the LHD's compliance with provisional improvement notice is
relevant to the Commission's exercise of discretion –
improvement notice issued at the time of the cancellation of the
provisional improvement notice is relevant to the Commission's
exercise of discretion – variation sought would be
significant departure from the provisional improvement notice
– decision to confirm the internal reviewers decision to
confirm the cancellation of the provisional improvement
notice.
Administrative Appeal Tribunal Act 1975 (Cth) s 43; Industrial
Relations Act 1996 (NSW) ss162, 163; Mental Health Act 2007 (NSW)
Ch3 Pt 2; Offshore Petroleum and Greenhouse Gas Storage Act 2006
(Cth) s 78, Schedule 3 cl 9; Work Health and Safety Act 2011 (NSW)
ss 3, 17- 19, 90, 93, 99-102, 152, 160, 191-194, 223, 224, 226,
228, 229; Work Health and Safety Regulation 2017 cl 38.
Halil v NSW Land and Housing Corporation (No
2) [2023] NSWSC 1646
ADMINISTRATIVE LAW – judicial review – from decision of
New South Wales Civil and Administrative Tribunal Appeal Panel
– where plaintiff raised 55 grounds of appeal – whether
grounds of appeal identify a question of law – appeal
dismissed.
Civil and Administrative Tribunal Act 2013 (NSW); Civil Procedure
Act 2005 (NSW); Residential Tenancies Act 2010 (NSW); Uniform Civil
Procedure Rules 2005 (NSW).
Bagnall v Chief Commissioner of State
Revenue [2023] NSWCATAD 341
TAXES AND DUTIES – land tax – interest –
remission. Chief Commissioner's decision not to remit either
market rate component or premium component – default not
outside taxpayer's control – no Revenue NSW fault
–reasonable care not taken by taxpayer.
TAXES AND DUTIES – land tax – liability –
assertions of unfairness, unreasonableness.
EVIDENCE – documentary evidence – administrator's
obligation to produce documents: Administrative Decisions Review
Act 1997, section 58 – relevance of any document a matter for
the administrator.
Administrative Decisions Review Act 1997 (NSW) Section 9, 58,63;
Civil and Administrative Tribunal Act 2013 (NSW) section 28; Land
Tax Management Act 1956 (NSW) sections 7, 8, 12, 14, 22, 72;
Taxation Administration Act 1996 (NSW) sections 3, 21, 22, 25,
96,101.
FTO v Transport for NSW [2023] NSWCATAD
340
Administrative law – administrative review of a reviewable
decision – Privacy and Personal Information Protection Act
1998 – Health Records and Information Privacy Act 2002 (NSW)
– Federal diversity jurisdiction – applicant is a
resident of another state – respondent is an entity of the
State of New South Wales – Tribunal lacks jurisdiction to
determine the claim for damages under s 55(2)(a) of the Privacy and
Personal Information Protection Act 1998 as this would involve an
exercise of judicial power – claim for damages withdrawn and
dismissed.
Administrative Decisions Review Act 1997 (NSW); Civil and
Administrative Tribunal Act 2013 (NSW); Constitution of Australia
(Cth); Fair Work Act 2009 (Cth); Freedom of Information Act 1982
(Cth); Government Information (Public Access) Act 2009 (NSW);
Health Records and Information Privacy Act 2002 (NSW); Industrial
Relations (National System Employers) Order 2009 (NSW);
Interpretation Act 1987 (NSW); Privacy Act 1988 (Cth); Privacy and
Personal Information Protection Act 1998 (NSW); Public Health Act
2010 (NSW); State Records Act 1998 (NSW); Transport Administration
Act 1988 (NSW); Work Health and Safety Act 2011 (NSW).
Links Nowra Pty Ltd v Shoalhaven City
Council [2023] NSWLEC 1794
DEVELOPMENT APPEAL – tourist and visitor accommodation
– local rural character – density – essential
services – community title subdivision.
Environmental Planning and Assessment Act 1979, ss 4.15, 4.46, 8.7;
Environmental Planning and Assessment Regulation 2000; Water
Management Act 2000, s 91; Rural Fires Act 1997, s 100B; Shoalhaven
Local Environmental Plan 2014, cll 7.11, 7.21; State Environmental
Planning Policy (Building Sustainability Index: BASIX) 2004; State
Environmental Planning Policy (Resilience and Hazards) 2021.
Winifred West Schools Ltd v Wingecarribee Shire
Council [2023] NSWLEC 1799
APPEAL – development application – consent sought for
construction of student accommodation buildings, a multi-purpose
hall and associated works at Frensham School – deemed refusal
– amended application renotified – objectors'
submissions – commencement at Frensham School with objector
submissions, inspection of site of proposal and observation of
areas to south including upper Holt – whether site is core
koala habitat – change to conservation status of koala
– Biodiversity Development Assessment Report (BDAR) –
Flood Emergency Response Plan (FERP) – impacts on platypus
– water quality assessment is not required to be met –
nature of vegetation on site – establishment of Asset
Protection Zones – managing bush fire risk – bush fire
evacuation plan – whether the proposal is appropriate given
biodiversity and other values.
Biodiversity Conservation Act 2016, ss 2.1, 2.8, 2.11, 2.12, 2.14,
2.18, 6.7, 6.8, 6.10, 6.12, 6.15, Sch 1 Pt 1; Sch 2 Pt 2; Sch 5;
Biosecurity Act 2015, ss 15, 21, 22; Endangered Species Act (16 USC
§ 1531 et seq.) (US); Environment Protection and Biodiversity
Conservation Act 1999 (Cth); Environmental Planning and Assessment
Act 1979, ss 4.14, 4.15(1)(e), 8.7; Environmental Planning and
Assessment Regulation 2000, cll 272, 273; Land and Environment
Court Act 1979, s 39(6); Protection of the Environment
Administration Act 1991, s 6; Rural Fires Act 1997, s 100B; State
Environmental Planning Policy (Biodiversity and Conservation) 2021,
Chs 3, 4; ss 6.58, 6.59, 6.61, 6.62, 6.63, 6.64; State
Environmental Planning Policy (Educational Establishments and
Childcare Facilities) 2017, cll 8, 33, 34, 35; State Environmental
Planning Policy (Koala Habitat Protection) 2019; State
Environmental Planning Policy (Koala Habitat Protection) 2020, cll
3, 4, 7, 8, 9; Sch 2; State Environmental Planning Policy (Koala
Habitat Protection) 2021; State Environmental Planning Policy
(Transport and Infrastructure) 2021, Ch 3; State Environmental
Planning Policy (Sydney Drinking Water Catchment) 2011; State
Environmental Planning Policy No 44 – Koala Habitat
Protection; Threatened Species Conservation Act 1995; Wingecarribee
Local Environmental Plan 2010.
Greyhound Welfare and Integrity Commission v
Grech [2023] NSWSC 1603
ADMINISTRATIVE LAW – judicial review – review of
tribunal decision – Greyhound Racing Act 2017 (NSW) –
regulation of greyhound racing – power to register greyhound
racing participants – greyhound racing registrations –
statutory interpretation – consideration of surplusage
– whether tribunal fell into error of law in exercising
registration power – consideration of jurisdictional fact
– fit and proper person test – whether failure to take
into account relevant considerations – whether decision
unreasonable.
Crimes Act 1900 (NSW) s 530; Greyhound Racing Act 2017 (NSW) ss 3A,
40, 44, 47-50, 58; Interpretation Act 1987 (NSW) s 34(2)(a);
Prevention of Cruelty to Animals Act 1979 (NSW) s 21(1)(d); Racing
Appeals Tribunal Act 1983 (NSW) ss 15A, 16, 17A; Supreme Court Act
1970 (NSW) s 69.
Rees v Safework NSW [2023] NSWCATAD
325
ADMINISTRATIVE LAW – administrative review of decision to
suspend accreditation of an assessor – high risk work licence
– basic scaffolding – non compliance with
conditions.
Administrative Disputes Review Act 1997; Civil and Administrative
Tribunal Act 2013; Work Health and Safety Act 2011; Work Health and
Safety Regulations 2017.
Wang v Chief Commissioner of State Revenue
[2023] NSWCATAP 331
ADMINISTRATIVE LAW – internal appeal – application for
an extension of time to lodge the appeal – whether the appeal
lacks merit.
TAXES AND DUTIES – Land tax – Surcharge land tax
– principal place of residence exemption.
Administrative Decisions Review Act 1997 (NSW); Civil and
Administrative Tribunal Act 2013 (NSW); Civil and Administrative
Tribunal Rules 2014 (NSW); Duties Act 1997 (NSW); Foreign
Acquisitions and Takeovers Act 1975 (Cth); Land Tax Act 1956 (NSW);
State Revenue and Fines Legislation Amendment (Miscellaneous) Act
2022 (NSW); State Revenue and Other Legislation Amendment (Budget
Measures) Act 2017 (NSW); Taxation Administration Act 1996
(NSW).
Water NSW v Kiangatha Holdings Pty Limited;
Water NSW v Natale [2023] NSWLEC 142
CRIMINAL PROCEDURE – preliminary hearing pursuant to s 247G
of the Criminal Procedure Act 1986 (NSW) – separate question
– charges against s 120(1) of the Protection of the
Environment Operations Act 1997 (NSW) – whether the Court
should hear and determine the separate questions – whether
summonses allege offences known to law – whether the
summonses ought be dismissed – meaning of "waters"
– meaning of "water pollution" or "pollution
of waters" – whether the separate questions are
questions of fact.
Civil Procedure Act 2005 (NSW) ss 56, 57; Clean Waters Act 1970
(NSW) ss 5, 16; Criminal Procedure Act 1986 (NSW) ss 11, 12, 16,
247B, 247G; Land and Environment Court Act 1979 (NSW) s 68(1);
Protection of the Environment Operations Act 1997 (NSW) ss 120,
dictionary.
Department of Education v Trad [2023]
NSWCCA 329
CRIME – criminal liability – absolute liability –
statutory offences – liability of nominated supervisor at a
day care centre under s 165(2) of the Children (Education and Care
Services) National Law 2010 (NSW) – whether "must
ensure" imports a standard of absolute liability.
Children (Education and Care Services National Law Application) Act
2010 (NSW), s 9; Children (Education and Care Services) National
Law 2010 (NSW), ss 3, 5, 104, 162, 165, 269; Children's
Services Act 1996 (Vic), ss 26(1), 27(1); Crimes (Appeal and
Review) Act 2001 (NSW), s 11; Criminal Appeal Act 1912 (NSW), s 5B;
Criminal Procedure Act 1986 (NSW), s 215; Education and Care
Services National Law Act 2010 (Vic), s 165; Education and Care
Services National Regulations 2011 (NSW), s 117C; Fines Act 1996
(NSW), s 122; Occupational Health and Safety Act 1985 (Vic), s 21;
Occupational Health and Safety Act 2000 (NSW); Work Health and
Safety Act 2011 (NSW).
SafeWork NSW v B & E Foods Pty Ltd &
Ors [2023] NSWDC 569
CRIMINAL LAW – prosecution – work health and safety
– duty of persons undertaking business – risk of death
or serious injury – maximum penalty.
SENTENCE – objective seriousness – mitigating factors
– aggravating factors – plea of guilty –
appropriate discount for the utility of the plea – general
deterrence – specific deterrence – remorse and
contrition – maximum penalties.
COSTS – prosecutor's costs.
Crimes (Sentencing Procedure) Act 1999 (NSW); Criminal Procedure
Act 1986 (NSW); Fines Act 1996 (NSW); Work Health and Safety Act
2011 (NSW).
Tagg v Racing New South Wales [2023] NSWSC
1547
ADMINISTRATIVE LAW – judicial review – Workplace Injury
and Management and Workers Compensation Act 1988 (NSW) –
decision of Medical Appeal Panel – where Appeal Panel fell
into jurisdictional error – failure to apply relevant
criteria – failure to provide adequate reasons for its
decision and disclose its actual path of reasoning – failure
of Appeal Panel to correct the errors of the medical assessor
– decision quashed.
Supreme Court Act 1970 (NSW), s 69; Workers Compensation Act 1987
(NSW), s 66; Workplace Injury Management and Workers Compensation
Act 1988 (NSW), ss 121(4), 319, 322, 322(1), 324, 324(1), 324(4),
327(3), 328, 328(1), 328(2), 328(2A); Uniform Civil Procedure Rules
2005 (NSW), 42.1.
Environment Protection Authority v
Elmustapha [2023] NSWLEC 143
ENVIRONMENTAL OFFENCES: pleas of guilty to six offences concerning
the supply of false or misleading information about waste –
applicable sentencing principles – whether offences committed
intentionally – environmental harm caused by the commission
of the offences – whether offences were committed for
financial gain – whether maximum discount to be awarded for
early pleas of guilty – publication order made – fines
imposed.
Crimes (Sentencing Procedure) Act 1999, ss 3A, 21A, 23; Criminal
Procedure Act 1986, ss 257B, 257G; Environment Operations Amendment
(Illegal Waste Disposal) Act 2013; Environmental Planning and
Assessment Act 1979, s 4.55(2); Protection of the Environment
Operations Act 1997, ss 3, 88, 144, 144AA, 169A, 193, 212A, 241,
250(1)(a); Protection of the Environment Operations Amendment Act
2005; Protection of the Environment Operations Amendment (Asbestos
Waste) Act 2018; Protection of the Environment Operations (Waste)
Regulation 2014, cl 22.
Kvelde v State of New South Wales [2023]
NSWSC 1560
CONSTITUTIONAL LAW – standing – whether plaintiffs have
standing to challenge the validity of s 214A of the Crimes Act 1900
(NSW) – the plaintiffs' have standing.
CONSTITUTIONAL LAW – implied freedom of political
communication – construction of impugned provisions –
the nature of the burden – whether the implied freedom is
burdened – whether there is an incremental effect by the
impugned law on the implied freedom – whether burden
inconsequential – burden found – structured
proportionality analysis – impugned provisions are legitimate
in their purpose – suitable for purpose – lack of
necessity – inadequacy in its balance – subsection
214A(1)(c) is invalid in part – standard use words as to
proportionality not reasonable – subsection 214A(1)(d) is
invalid.
CRIMINAL LAW – protesters – validity of legislation
– freedom of political communication – Crimes Act 1900
(NSW) – Crimes Amendment (Major Facilities) Regulation 2022
(NSW) – subsection 214A(1)(c) invalid in part –
subsection 214A(1)(d) is invalid.
ADMINISTRATIVE LAW – Validity of regulation – Roads Act
1993 (NSW) – Roads and Crimes Legislation Amendment Act 2022
(NSW) – regulation is valid.
Beverage Container Act 1975 (SA); Beverage Container Act Amendment
Act 1986 (SA); Crimes Act 1900 (NSW), ss 195, 211, 213, 214A, 217,
428B, 578C(2), (7); Crimes Amendment (Major Facilities) Regulation
2022 (NSW); Crimes Regulation 2000 (NSW); Criminal Appeal Act 1912
(NSW), s 5; Criminal Code (Tas), ss 122, 123; Electoral Funding Act
2018 (NSW), ss 29, 35; Forest Management Act 2013 (Tas); Human
Rights (Sexual Conduct) Act 1994 (Cth); Interpretation Act 1987
(NSW), ss 23, 24, 31, 42; Judiciary Act 1903 (Cth), ss 39, 78A,
78B; Police Offences Act 1890 (Vic), s 6; Protection of the
Environment Operations Act 1997 (NSW), s 144; Road Transport
Legislation Amendment (Penalties and Other Sanctions) Act 2018
(NSW), s 2; Roads Act 1993 (NSW), ss 58, 59, 60; Roads Amendment
(Major Bridges and Tunnels) Regulation 2022 (NSW), cl 48A; Roads
and Crimes Legislation Amendment Act 2022 (NSW); Roads Regulation
2018 (NSW); Summary Offences Act 1988 (NSW), ss 8 23, 24; The
Constitution, ss 24, 68, 76(i), 77(iii), 128; Transport
Administration Act 1988 (NSW); Uniform Civil Procedure Rules 2005
(NSW), r 1.22, 1.23, 1.24; Workplaces (Protection from Protesters)
Act 2014 (Tas).
Turitsyna v Chief Commissioner of State
Revenue [2023] NSWCATAD 320
ADMINISTRATIVE LAW – reviewability – jurisdiction
– no identified enabling legislation – dismissal.
Administrative Decisions Review Act 1997 (NSW); Anti-Discrimination
Act 1997 (NSW); Biosecurity Act 2015 (Cth), s 108; Civil and
Administrative Tribunal Act 2013 (NSW), s 55(1)(b); Health Services
Act 1997 (NSW), ss 69, 70; Police Act 1990 (NSW), s 208, 211C;
Public Health Act 2010 (NSW), s 7; Public Health (Covid-19 Air
Transport Quarantine) Order 2020; Public Health (COVID-19 Air
Transportation Quarantine) Order (No 2) 2020; Public Health
(COVID-19 Air Transportation Quarantine) Order (No 3) 2020; Public
Health (COVID-19 Air Transportation Quarantine) Order (No 4) 2020;
State Debt Recovery Act (NSW), ss 64, 65, 66.
Commissioner of Police v Ritson [2023]
NSWCA 300
ADMINISTRATIVE LAW – access to personal information –
obligation of public sector agency – access to be provided
without excessive delay – breach of obligation – power
to order provision of information – unresolved issues as to
application of conditions and limitations on disclosure
obligation.
CIVIL PROCEDURE – Civil and Administrative Tribunal –
appeals – leave to appeal – third appeal –
original applicant inactive party – issue of principle as to
power of Tribunal – statutory agency appearing as
contradictor – no prejudice to original applicant.
STATUTORY INTERPRETATION – harmonious construction –
two State Acts – provision in one Act picking up provisions
from another Act – construing picked-up provision so as to
apply in different legislative context.
Civil and Administrative Tribunal Act 2013 (NSW), ss 80, 83;
Freedom of Information Act 1989 (NSW), s 25; Government Information
(Public Access) Act 2009 (NSW), ss 5, 6, 12, 13, 14, Pt 4, Div 2, s
41, Div 3, ss 51, 53, Div 4, ss 57, 58, 60, 71, Sch 1; Police Act
1990 (NSW), Pt 8A; Privacy and Personal Information Protection Act
1998 (NSW), ss 3, 4, 5, Pt 2, Div 1, ss 8-19, Div 2, ss 20, 21, 23,
24, 25, 27, 32, Pt 5, ss 53, 54, 55, 65, 69; Supreme Court Act 1970
(NSW), s 101.
Chief Commissioner of State Revenue v
Integrated Trolley Management Pty Ltd [2023] NSWCA
302
TAXES AND DUTIES – payroll tax liability – employment
agency contract – contract for trolley collection and
cleaning services – identifying the employment agency
contract – contract between agent and client – separate
contracts between agent and service providers – onus of proof
on tax payer.
STATUTORY INTERRETATION – payroll tax liability –
employment agency contract – procuring services for client
– when service provider works "in and for" the
business of the client of the agent – use of
"indicia" – reliance on factors considered in other
cases.
Interpretation Act 1987 (NSW), s 33; Payroll Tax Act 2007 (NSW), ss
6, 7, 10, 11, Pt 3, Divs 7, 8, ss 35, 37, 38, 39, 40, 41.
Save Bungendore Park Inc v Minister for
Education and Early Learning [2023] NSWLEC 140
JUDICIAL REVIEW – development consent granted for State
significant development pursuant to s 4.38 of the Environmental
Planning and Assessment Act 1979 (NSW)
– development consent granted in relation to Crown land
– consent not obtained from the Minister administering the Crown Land
Management Act 2016 (NSW) on behalf of the Crown – whether
jurisdictional error – whether reliance on cl 49 of the Environmental
Planning and Assessment Regulation 2000 (NSW)
obviated the need for consent prescribed by s 2.23 of the Crown Land
Management Act 2016 (NSW) – statutory construction –
whether the Court should grant conditional validity pursuant to s
25B of the Land and
Environment Court Act 1979 (NSW)
– whether failure to obtain owner's consent is a
"technical breach".
Administrative Arrangements (Second Perrottet Ministry –
Transitional) Order 2021; Constitution Act 1902 (NSW); Crown Land
Management Act 2016 (NSW) s 2.23; Environmental Planning and
Assessment Act 1979 (NSW) ss 1.4, 4.12(1), 4.36, 4.38;
Environmental Planning and Assessment Regulation 2000 (NSW) cl 49;
Environmental Planning and Assessment Regulation 2021 (NSW) s
23(2), Schedule 6, Part 1, cl 3; Interpretation Act 1987 (NSW) s
33; Land and Environment Court Act 1979 (NSW) ss 25B, 25E; Local
Government Act 1993 (NSW) ss 36, 40, 44; Uniform Civil Procedures
Rules 2005 (NSW) r 59.3.
Legislation
Acts compilation
Export Control Act 2020 (01/02/2024) –
Act No. 64 of 2023
Student Loans (Overseas Debtors Repayment Levy) Act
2015 (01/01/2024) – Act No. 155 of 2015
Crimes Act 1914 (08/01/2024) – Act No. 12
of 1914
Tax Agent Services Act 2009 (01/01/2024)
– Act No. 13 of 2009
Competition and Consumer Act 2010 (01/01/2024)
– Act No. 51 of 1974
Life Insurance Act 1995 (01/01/2024) –
Act No. 4 of 1995
Trans-Tasman Mutual Recognition Act 1997
(03/01/2024) – Act No. 190 of 1997
Taxation (Interest on Overpayments and Early
Payments) Act 1983 (01/01/2024) – Act No. 12 of
1983
Human Services (Centrelink) Act 1997
(01/01/2024) – Act No. 31 of 1997
Aged Care Quality and Safety Commission Act
2018 (01/01/2024) – Act No. 149 of 2018
Safety, Rehabilitation and Compensation
(Defence-related Claims) Act 1988 (01/01/2024) – Act o.
156 of 1988
Student Loans (Overseas Debtors Repayment Levy) Act
2015 (01/01/2024) – Act No. 155 of 2015
Private Health Insurance (Prudential Supervision)
Act 2015 (01/01/2024) – Act No. 85 of 2015
Income Tax Assessment Act 1936 (01/01/2024)
– Act No. 85 of 2015
Insurance Act 1973 (01/01/2024) – Act No.
76 of 1973
National Consumer Credit Protection Act 2009
(01/01/2024) – Act No. 134 of 2009
Fair Work Act 2009 (01/01/2024) – Act No.
28 of 2009
Tax Agent Services Act 2009 (01/01/2024)
– Act No. 13 of 2009
Age Discrimination Act 2004 (01/01/2024)
– Act No. 68 of 2004
Social Security Act 1991 (01/01/2024) –
Act No. 46 of 1991
Child Support (Registration and Collection) Act
1988 (01/01/2024) – Act No. 3 of 1988
Safety, Rehabilitation and Compensation Act
1988 (15/12/2023) – Act No. 75 of 1988
Australian Hearing Services Act 1991
(01/01/2024) – Act No. 169 of 1991
Military Rehabilitation and Compensation Act
2004 (01/01/2024) – Act No. 169 of 1991
Superannuation Industry (Supervision) Act 1993
(01/01/2024) – Act No. 78 of 1993
Regulations and other miscellaneous instruments
Environmental Planning instruments
Canada Bay Local Environmental Plan 2013 (Amendment
No 28) (2024-12) – LW 25 January 2024
Port Macquarie-Hastings Local Environmental Plan
2011 (Map Amendment No 7) (2024 No 13) – LW 25 January
2024
Bathurst Regional Local Environmental Plan 2014
(Amendment No 23) (2024 No 17) – LW 2 February 2024
Coffs Harbour Local Environmental Plan 2013 (Map
Amendment No 8) (2024 No 18) – LW 2 February 2024
Shoalhaven Local Environmental Plan 2014 (Amendment
No 51) (2024 No 28) – LW 9 February 2024
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.