In the media
$20 million in electric vehicle charging grants to drive
regional tourism
The Treasurer and Minister for Energy for NSW Has
announced a grant of 3500 electric vehicle chargers to promote
regional tourism in the state. The grants will be available to
businesses in the hospitality and tourism sector, and can be used
to install electric vehicle chargers and accompanying smart
software (9 May 2022). More.
Report into NSW grants scheme recommends against making
pork-barrelling an offence
A review of the grants scheme by the NSW Government was
released by the government on 7 May 2022. The report made
recommendations to promote accountability in grant funding, but the
report recommends against making pork-barrelling an offence,
stating that there are other mechanisms in place to counter such
behaviour (7 May 2022). More.
NSW health inquiry urges workforce review
Country people are at breaking point under a health system
in crisis, with significantly poorer health outcomes than those
living in the city, a NSW parliamentary inquiry has found (6 May
2022). More...
NSW teachers strike over pay and conditions for second
time in six months
Thousands of public school teachers have marched through
the Sydney CBD as part of their 24-hour industrial action over
wages and conditions. The strike action is in defiance of a NSW
government plea to wait until after next month's budget to
solve the pay dispute (4 May 2022). More...
NSW leads discussions for proposed changes to Menindee
Lakes operations
The NSW Government will begin discussions immediately with
the Murray Darling Basin Authority and Basin jurisdictions on how
to improve the way water in the Menindee Lakes is stored and
managed (4 May 2022). More...
Decades-long claims backlog highlights NSW native title
failure
The New South Wales Aboriginal Land Council has condemned
successive state governments for their failure to deliver on land
rights amid a two-decade claims backlog. More...
NSW Privacy Commissioner encourages agencies and
citizens to work together to build Privacy: the Foundation of Trust
this Privacy Awareness Week NSW 2022
The Information and Privacy Commission NSW (IPC) hosts the
campaign in NSW and this year marks the twelfth year of celebrating
Privacy Awareness Week NSW. The 2022 theme is 'Privacy: The
foundation of trust - we all have a role to play' (2 May 2022).
More.
NSW government spent more than $113 million on
redundancies across 11 agencies in 2021
The government spent more than $113 million on
redundancies across 11 agencies last year, including $4.3 million
in payouts after Gladys Berejiklian's resignation. The NSW
government is the largest employer in the southern hemisphere,
employing more than 430,000 people (29 April 2022). More...
Practice and courts
Commonwealth
AAT Bulletin Issue No. 8/2022 26 April 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 6 May 2022. Read more here.
Published - articles, papers and reports
Inquiry into rural, regional and remote healthcare hands
downs findings to NSW Government
The New South Wales Government published the findings of
its Parliamentary inquiry into access to health and hospital
services and in rural, regional and remote NSW on 5 May 2022. The
report had made 44 recommendations to be improve access to
healthcare (5 May 2022). Read more here.
Privacy Commissioner releases community attitudes survey
results this Privacy Awareness Week NSW 2022
NSW Privacy Commissioner, Samantha Gavel published the
results of the Information and Privacy Commission's latest
two-yearly survey of NSW community attitudes towards privacy (4 May
2022). Read more here.
Have your say on the South Coast Regional Water
Strategy
The Department of Planning and Environment is calling on
the community to have their say on the draft South Coast Regional
Water Strategy for the second time. Face-to-face information
sessions and First Nations community engagement will take place in
Bega, Bodalla and Moruya in May 2022 (4 May 2022). Read
more here.
Facilitating and administering Aboriginal land claim
processes
The Audit Office of New South Wales examined whether
relevant agencies are effectively facilitating and administering
Aboriginal land claim processes. It found neither Department of
Premier and Cabinet nor Department of Planning and Environment have
established the resources required for the NSW Government to
deliver Aboriginal land claim processes in a coordinated way (28
April 2022). Read more here.
Review of grants administration in NSW - final
report
The Review of Grants Administration in NSW makes 19
recommendations to bring grants administration into line with best
practice. It considered grants administration guidelines from
comparable jurisdictions, best practice risk assessment and
assurance frameworks, and the existing NSW policy and legislative
context (April 2022). Read more here.
Cases
Marium v Registrar Local Court
Blacktown & Ors [2022] NSWSC
528
JUDICIAL REVIEW - challenge to decision of Registrar Local
court - notice of motion seeking leave to intervene - application
by Attorney General granted.
Madziala v Commissioner of
Police [2022] NSWCATAP
138
APPEAL - administrative review - application for firearms
licence - whether in public interest - application for extension of
time in which to appeal - application for leave to appeal - error
of law.
Tisdale v Cumberland City Council (No
2) [2022] NSWCATAP
132
ADMINISTRATIVE LAW - access to government information -
review of decision to refuse access - agency relying upon
confidential evidence not disclosed to the applicant - procedural
fairness - Government Information (Public Access) Act section 107 -
not inconsistent with requirements of procedural fairness for
Tribunal to act on basis of confidential evidence.
Jamal v NSW Land and Housing
Corporation [2022] NSWCATAP
131
APPEAL - residential tenancies - social housing - rent and
water arrears - renewal of work order.
Natural Resources Access Regulator v
Tony Thompson [2022] NSWLEC
48
ENVIRONMENTAL OFFENCES - taking of water otherwise than in
accordance with a water access licence - taking of water without an
operating water meter - Form 1 offence taken into account - plea of
guilty - factors to take into account in determining sentence -
whether environmental harm - actual harm to the regulatory scheme -
whether offences committed for financial gain - whether offences
committed recklessly - contrition and remorse demonstrated -
totality principle applied - comparable cases - whether s 10A
Crimes (Sentencing Procedure) Act 1999 order appropriate - monetary
penalty imposed - publication order - costs ordered.
Masters in Building Training Pty Ltd v
State of New South Wales [2022] NSWSC
499
CONTRACTS - breach of contract - remedies - debt - where
plaintiff provided vocational education training and obtained
funding under a contract with the Department of Education to
provide such training - where plaintiff had various reporting
obligations to the Department in order to qualify for funding -
where students were required to "participate" in
training, rather than merely access such training - where defendant
terminated the contract following alleged Events of Default -
whether plaintiff entitled to recover money owing under contract as
debt - whether defendant entitled to set off overpayments made to
the plaintiff against debt owed to the plaintiff.
Jaggi v Health Secretary in respect of
the Western Sydney Local Health District
[2022] NSWIRComm 1032
EMPLOYMENT AND INDUSTRIAL LAW - termination - statutory
rights - unfair dismissal - whether employer able to rely on
repudiation of employment in the context of statutory employment -
whether conduct amounted to repudiation in any event - whether
employer affirmed contract - whether employer otherwise had grounds
to dismiss - reliance on misconduct discovered post-employment -
whether dismissal unreasonable or harsh - principles to apply on
question of remedy.
EMPLOYMENT AND INDUSTRIAL LAW - victimisation - whether applicant
dismissed or otherwise subjected to detriment on the basis of a
proscribed reason - principles to apply on the question of relief -
whether orders sought by the applicant are within the power of the
Commission to award.
Ahiwaka v Transport for New South
Wales [2022] NSWCATAD
138
LICENSING - passenger transport licensing - bus driver
authority - traffic record - repute - fit and proper person.
FFP v Cumberland City
Council [2022] NSWCATAD
136
BIAS - recusal - procedural fairness - costs.
DTN v Commissioner of
Police [2022] NSWCATAD
134
ADMINISTRATIVE REVIEW - Health Records Information Privacy
Act - application of HPP 3 and whether unreasonable or
impracticable in the circumstances to collect health information
from the applicant - assessing the application of HPP 9 in the
circumstances - was it reasonable in the circumstances that no
steps were taken under HPP 9 to check the relevance or accuracy of
the relevant health information or if it was misleading - relief
available where HPPs 3 and 9 breached - assessing causation and
amount of damages for psychological and physical harm under ss
55(2)(a) and (4) Privacy and Personal Information Protection
Act.
Legislation
Commonwealth
Acts Compilation
Income Tax Assessment Act 1997
6 May 2022 - Act No. 38 of 1997 as amended.
Farm Household Support Act 2014
5 May 2022 - Act No.12 of 2014 as amended.
Australian Security Intelligence Organisation Act
1979
2 May 2022 - Act No. 113 of 1979 as amended.
Social Security (Administration) Act 1999
2 May 2022 - Act No. 191 of 1999 as amended.
Security of Critical Infrastructure Act
2018
2 May 2022 - Act No. 29 of 2018 as amended.
Tax Administration Act 1953
29 April 2022 - Act No. 1 of 1953 as amended.
Social Security Act 1991
29 April 2022 - Act No. 46 of 1991 as amended.
National Disability Insurance Scheme Act
2013
28 April 2022 - Act No. 20 of 2013 as amended.
Criminal Code Act 1995
28 April 2022 - Act No. 12 of 1995 as amended.
NSW
Proclamations commencing Acts
National Parks and Wildlife Amendment Act 2021 No
47 (2022-192) LW 6 May 2022
National Parks and Wildlife Amendment Act 2021 No
47 (2022-193) LW 6 May 2022
Crimes Legislation Amendment Act 2021 No
46 (2022-169) 29 April 2022
Regulations and other miscellaneous instruments
Poisons and Therapeutic Goods Amendment
(Prescription Requirements) Regulation
2022 (2022-194) LW 6 May 2022
Major Events Amendment (UCI Road World
Championships) Regulation 2022 (2022-191) LW 4 May
2022
Private Native Forestry Code of Practice for
Cypress and Western Hardwood Forests (2022-187) LW 2
May 2022
Private Native Forestry Code of Practice for
Northern NSW (2022-188) LW 2 May 2022
Private Native Forestry Code of Practice for
Southern NSW (2022-189) LW 2 May 2022
Private Native Forestry Code of Practice for the
River Red Gum Forests (2022-190) LW 2 May 2022
Greyhound Racing Rules (2022-186) LW
29 April 2022
Personal Injury Commission (Amendment No 1) Rule
2022 (2022-170) LW 29 April 2022
Public Holidays Amendment (Bogan Shire Council)
Order 2022 (2022-171) LW 29 April 2022
Water Management (General) Amendment (Lake Albert
Filling) Regulation 2022 (2022-172) LW 29 April
2022
Environmental planning instruments
Byron Local Environmental Plan 2014 (Amendment No
33) (2022-195) LW 6 May 2022
Dungog Local Environmental Plan 2014 (Amendment No
10) (2022-196) LW 6 May 2022
Lithgow Local Environmental Plan 2014 (Map
Amendment No 1) (2022-197) LW 6 May 2022
Mid-Western Regional Local Environmental Plan 2012
(Amendment No 26) (2022-198) LW 6 May 2022
Parramatta Local Environmental Plan 2011 (Amendment
No 56) (2022-199) LW 6 May 2022
Port Stephens Local Environmental Plan 2013
(Amendment No 38) (2022-200) LW 6 May 2022
Shellharbour Local Environmental Plan 2013
(Amendment No 25) (2022-201) LW 6 May 2022
State Environmental Planning Policy (Planning
Systems) Amendment (State Significant Development-Cemeteries)
2022 (2022-202) LW 6 May 2022
The Hills Local Environmental Plan 2019 (Amendment
No 22) (2022-203) LW 6 May 2022
The Hills Local Environmental Plan Amendment (North
Kellyville Precinct) 2022 (2022-204) LW 6 May
2022
Willoughby Local Environmental Plan 2012 (Amendment
No 22) (2022-205) LW 6 May 2022
Wollondilly Local Environmental Plan Amendment
(Precincts-Western Parkland City) 2022 (2022-206) LW
6 May 2022
Campbelltown Local Environmental Plan 2015
(Amendment No 26) (2022-173) LW 29 April 2022
Campbelltown Local Environmental Plan 2015
(Amendment No 27) (2022-174) LW 29 April 2022
Cobar Local Environmental Plan 2012 (Map Amendment
No 1) (2022-175) LW 29 April 2022
Cumberland Local Environmental Plan 2021 (Amendment
No 4) (2022-176) LW 29 April 2022
Lachlan Local Environmental Plan 2013 (Map
Amendment No 1) (2022-177) LW 29 April 2022
Lake Macquarie Local Environmental Plan 2014 (Map
Amendment No 3) (2022-178) LW 29 April 2022
Lithgow Local Environmental Plan 2014 (Amendment No
6) (2022-179) LW 29 April 2022
Liverpool Local Environmental Plan 2008 (Amendment
No 63) (2022-180) LW 29 April 2022
Liverpool Local Environmental Plan Amendment (East
Leppington Precinct) 2022 (2022-181) LW 29 April
2022
Mid-Western Regional Local Environmental Plan 2012
(Map Amendment No 3) (2022-182) LW 29 April
2022
Sutherland Shire Local Environmental Plan 2015
(Amendment No 23) (2022-183) LW 29 April 2022
Wentworth Local Environmental Plan 2011 (Map
Amendment No 1) (2022-184) LW 29 April 2022
Wollongong Local Environmental Plan 2009 (Amendment
No 50) (2022-185) LW 29 April 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.