In the media
NSW budget 2022: Here are the winners and losers
NSW Treasurer Matt Kean has handed down his first budget. These are some of the biggest changes that could affect you (21 June 2021). More...
NSW budget: Key spending measures
Spending on housing, health and education are among the key measures in the NSW budget handed down by Treasurer Matt Kean (21 June 2022). More...
NSW budget deficit more than triples to $11.3
The state's forecasted budget deficit has more than tripled, as the NSW government seeks to embark on major economic reforms while grappling with COVID-19 and disaster spending (21 June 2022). More...
NSW government urged to act on rental crisis and social
housing ahead of state budget
A rental crisis and a bloated waitlist for social housing has sparked calls for the New South Wales government to do more to help the sector despite treasurer, Matt Kean, suggesting no substantial investments will be announced in Tuesday's state budget (21 June 2022). More...
NSW government to capture gravity data for better GPS
The NSW government will use an airborne gravity sensor to improve the accuracy of real-world heights from GPS positioning to just a few centimetres (21 June 2022). More...
NSW Government Has Set Aside $38 Million in the Budget
for Its EV Push
In the lead up to the 2022 NSW Budget, the state government has announced a big boost for EV chargers. "Rolling out extra chargers will allow more EV drivers to benefit from their cheaper running costs and a cleaner, quieter and more sustainable road network," said Matt Kean, NSW Treasurer (20 June 2022). More...
New South Wales government announces $780 million
shared-equity scheme to address housing affordability
The NSW government has committed $780 million to the program to assist front-line workers, single parents and older single people in buying a home under the NSW government plan. The scheme will be part of a two-year trial in accordance with the federal government's program (19 June 2022). More...
Aboriginal flag flies closer to Sydney history
The Aboriginal Flag is a step closer to permanently flying on the Sydney Harbour Bridge with a $25 million commitment in the 2022-23 NSW Budget. The funding will allow for the permanent installation of a third flagpole to fly the Aboriginal Flag above the Sydney Harbour Bridge by the end of this year (19 June 2022). More...
NSW budget to include $100 million investment in
women's safety measures
The NSW government has announced a $100 million investment to women's safety in public places, at home and in the workplace as part of next week's budget. The multi-faceted package is the latest in a series of budget announcements that focus on social issues across the state (18 June 2022). More...
NSW flood relief a 'cruel hoax', parliamentary
inquiry hears as government agencies cop a grilling
Service NSW and the NSW government have been criticised by the chairman of a parliamentary flood inquiry as "running a 'cruel hoax'" related to financial support of victims into the disastrous flooding earlier this year. So far only $18M of the $148M grant have been paid to victims (15 June 2022). More...
More than $1 billion invested into renewable energy in
upcoming NSW budget
More than $1 billion will be invested by the New South Wales government over the next 10 years into renewable energy. The state government is looking to transition away from deteriorating coal infrastructure and instead overhaul the electricity network with green energy (10 June 2022). More...
Practice and courts
Annual Court Fees Increase
The Federal Court and Federal Circuit Court Regulations 2012 prescribe court fees for proceedings in the Federal Court of Australia and in general federal law matters in the Federal Circuit Court of Australia. The next increase is due take effect on 1 July 2022 (15 June 2022). Read more here.
AAT Bulletin Issue No.12/2022 14 June 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.
Published – articles, papers and reports
NSW Government 2022-23 Budget Papers
The 2022-23 Budget has ambitious goals – to elevate, innovate and reinvigorate our economy, and make New South Wales the best state to work, live and raise a family, while we continue to safeguard the health and prosperity of the community. Read the budget papers here.
Local Government NSW welcomes IPART decision
The decision to allow 86 NSW councils to increase their rates by 2.5 per cent, against an inflation rate expected to reach 7 per cent by December, has been welcomed by the state's local government sector (20 June 2022). Read more here.
NSW Department of Planning and Environment –
Thousands more households to benefit from washing machine
Another 2,500 social housing tenants now have the chance to upgrade their washing machine for as little as $150, to help save water and ease the cost of living, after the NSW Government expanded its successful washing machine replacement pilot (16 June 2022). Read the article here.
Response by the Hon. Paul Toole to petition lodged 10
May 2022 requesting the Legislative Assembly establish a Lismore
Floods Reconstruction Commission
The NSW Government is establishing is establishing the Northern Rivers Reconstruction Corporation (NRRC) to lead the long-term reconstruction of flood impacted areas across the Northern Rivers area (15 June 2022). Read more here.
Saad v Commissioner of Police
 NSWCATAD 207
LICENSING – firearms – licence revocation – public interest – discretion.
Administrative Decisions Review Act 1997 (NSW); Civil and Administrative Tribunal Act 2013 (NSW); Firearms Act 1996 (NSW); Firearms Regulation 2017 (NSW).
Munn and Others v Health Secretary
 NSWIRComm 1044
UNFAIR DISMISSALS – threshold issues – Public Health Orders – Health Secretary Determination – unvaccinated workers prohibited from working in public health – requirement to consult-impracticability of reinstatement or re-employment orders.
Health Services Act 1997; Industrial Relations Act 1996; Public Health Act 2010; Work Health and Safety Act 2011.
Clancy v Commissioner of Police, NSW Police
Force  NSWCATAD
ADMINISTRATIVE LAW – Government Information (Public Access) – Grounds for refusing access – Balancing competing public interest factors for and against disclosure.
Administrative Decisions Review Act 1997 (NSW); Civil and Administrative Tribunal Act 2013 (NSW); Crimes (Domestic and Personal Violence) Act 2007 (NSW); Government Information (Public Access) Act 2009 (NSW); Privacy and Personal Information Protection Act 1998 (NSW).
Giann v Commissioner of Police
 NSWCATAD 206
ADMINISTRATIVE LAW – summary dismissal-freedom of information – government information public access – no reasonable excuse for delay – Government Information (Public Access) Act 2009 (NSW).
Administrative Decisions Review Act (NSW) 1997; Civil and Administrative Tribunal Act 2013; Government Information (Public Access) Act 2009.
Knowles v Secretary, NSW Ambulance 
EMPLOYMENT AND INDUSTRIAL LAW – Public sector disciplinary appeal – dismissal – homophobic comment in the workplace – inappropriate communications about staff members with direct manager over extended period of time – communications had a connection with workplace – workplace culture and behaviours in the workplace generally – request to manager for answers to questions in job application – applicant used his position to facilitate free entry for manager into concert – consideration of mitigating factors – long and unblemished service history – conduct condoned by manager – insight into contribution to negative workplace culture – appeal dismissed.
Industrial Relations Act 1996 (NSW), Ch 2 Pt 7, s 163.
Mourched v Chief Commissioner of State
Revenue  NSWCATAD
MERITS REVIEW – Revenue law – land tax – sole use of parcel of land – exemption.
Administrative Decisions Review Act 1997 (NSW); Civil and Administrative Tribunal Act 2013 (NSW); Land Tax Management Act 1956 (NSW); Real Property Act 1900 (NSW); Taxation Administration Act 1996 (NSW); Valuation of Land Act 1916 (NSW).
FGW v Secretary, Department of Communities and
Justice  NSWCATAD
JURISDICTION – Privacy and Personal Information Protection Act 1998 – Whether certain allegations were subject of review by the Tribunal – Application to strike out.
Privacy and Personal Information Protection Act 1998 (NSW) Pt 5.
Anicic v Fairfield City Council
 NSWCATAD 199
ADMINISTRATIVE LAW – access to government information – investigation of complaint against staff – request for access to redacted portions of documents – confidential information – whether prejudice to exercise of the agency's functions – whether prejudice to conduct, effectiveness or integrity of any audit, test, investigation or review conducted – whether disclosure reveals personal information – whether disclosure contravenes an information protection principle.
Administrative Decisions Review Act 1997 (NSW); Civil and Administrative Tribunal Act 2013 (NSW); Government Information (Public Access) Act 2009 (NSW); Privacy and Personal Information Protection Act 2002 (NSW).
Randhawa v Blacktown City Council
 NSWCATAD 192
ADMINISTRATIVE LAW – access to government information – confidential information that facilitates the effective exercise of that agency's functions – supply of information from an informant – whether public interest considerations against disclosure outweigh public interest considerations in favour of disclosure.
Civil and Administrative Tribunal Act 2013; Government Information (Public Access) Act 2009.
X (a pseudonym) v Secretary, Department of
Education  NSWIRComm
EMPLOYMENT AND INDUSTRIAL LAW – Industrial Relations Commission – Procedure and powers – notice of motion to re-call witness for further cross-examination after evidentiary cases closed – notice of motion opposed – interests of justice – notice of motion dismissed.
Evidence Act 1995 (NSW) ss 46, 192; Industrial Relations Act 1996 (NSW) ss 98, 100G, 162, 163; Police Act 1990 (NSW) s 173.
Sydney Fish Market Pty Ltd v Valuer-General of New
South Wales  NSWLEC
SEPARATE QUESTION: whether land was "Crown lease restricted" under the Valuation of Land Act 1916 – meaning of "Crown lease restricted" – whether a lease signed in 1994 was a lease granted under the Crown Lands Act 1989 or the Fish Marketing Act 1994 – application of the presumption of regularity – whether the lease is a "holding" for the purpose of the Valuation of Land Act as that term is defined in the Crown Lands Management Act 2016 – meaning of "Crown land" under the Crown Lands Management Act – the effect of the transfer of the land the subject of the lease to a State statutory body – the effect of the repeal of the Crown Lands Act on the lease – the effect of the operation of the savings and transitional provisions of the Crown Lands Management Act on the lease – the land is Crown lease restricted – separate question answered affirmatively in favour of the applicant.
Constitution Act 1902, ss 36, 37 and 37A; Crown Lands Act 1989, ss 3(1), 6, 7, 34, 35 and Pt 3; Crown Lands Management Act 2016, ss 1.2, 1.5, 1.7, 1.8 and cll 2, 5 and 26 of Sch 7; Fish Marketing Act 1994, ss 4, 5, 6, 7, 8, 9, 11 and Sch 1; Fisheries and Oyster Farms Act 1935, s 41A; Interpretation Act 1987, ss 13(b) and 15; Property NSW Act 2006, s 19; State Property Authority Act 2006, ss 4, 5, 11(1)(a), 13(1), 18, 20 and Sch 1; Valuation of Land Act 1916, s 14I.
Gates v Port Macquarie-Hastings Council
 NSWCATAD 193
ADMINISTRATIVE LAW – administrative review – Government Information – whether further information held – adequacy of searches – refusal to deal – relevant factors – aggregation of applications.
Civil and Administrative Tribunal Act 2013; Administrative Decisions Review Act 1997; Government Information (Public Access) Act 2009.
SafeWork NSW v Arkwood (Gloucester) Pty Limited (No.
2)  NSWDC
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 – general deterrence – specific deterrence – capacity to pay appropriate penalty – victim impact statement; COSTS – prosecution costs; OTHER – defendant engaged contractor to operate a crane to load a dismantled centrifuge onto a flatbed truck – boom of the crane came into contact with, or in close proximity to, live overhead power lines – two workers employed by the defendant suffered electric shocks – failure to conduct a site-specific risk assessment – no appropriate SWMS – failure to adequately instruct and train employees – failure to observe and warn crane operator – failure to insist upon using a qualified dogman.
Crimes (Sentencing Procedure) Act 1999 (NSW), ss 3A, 21A, 26, 27, 28, 30A, 30B, 30D, 30E; Fines Act 1996 (NSW), ss 6, 122; Work Health & Safety Act 2011 (NSW), ss 3, 19, 32.
Environment Protection Authority v Forestry Corporation
of New South Wales  NSWLEC
ENVIRONMENTAL OFFENCES – Sentence – Conducting forestry activities in exclusion zones contrary to conditions of biodiversity conservation licence – Determination of objective seriousness – Statutory scheme undermined by offences – Extent of harm to environment – De Simoni principle – Substantial harm – Practical measures available to prevent, control, abate or mitigate harm – Control over causes where conduct by contractors – No evidence that offences committed intentionally or for any reason –"Rolled-up" koala offence in medium range of objective seriousness – Rainforest and warm temperate rainforest offences in low to moderate range of objective seriousness – Determination of subjective circumstances – Record of prior convictions –Pleas of guilty – Assistance to authorities – Good character and low likelihood of similar reoffending – Need for general and specific deterrence – Consistency in sentencing – Publication orders made – Costs as agreed –Unable to make order for payment to Biodiversity Conservation Fund – Determination of appropriate penalties –Principle of totality applied – Order for moiety made – Defendant convicted and fined of four offences.
Biodiversity Conservation Act 2016 (NSW), ss 1.3, 2.1, 2.4, 2.10, 2.14, 12.22, 12.8, 13.12, 13.25; Biodiversity Conservation (Savings and Transitional) Regulation 2017 (NSW), cl 4(1); Civil Procedure Act 1986 (NSW); Crimes (Sentencing Procedure) Act 1999 (NSW), Pt 3, Div 1, ss 3A, 21A; Criminal Procedure Act 1986 (NSW), s 257B; Environment Protection and Biodiversity Conservation Act 1999 (Cth); Fines Act 1996 (NSW), s 122; Forestry Act 2012 (NSW), Pt 5B, ss 5, 10, 69L, Sch 3, cl 10; Forestry and National Park Estate Act 1998 (NSW); Protection of the Environment Operations Act 1997 (NSW), s 250; Threatened Species Conservation Act 1995 (NSW).
van Royden v The State of New South Wales (Civil and
Administrative Tribunal of New South Wales)
 NSWCATAD 190
HUMAN RIGHTS – Discrimination – equal opportunity – leave required for complaint to proceed – principles applying to grant of leave.
Anti-Discrimination Act 1977 ss 49B, 49M, 92, 93A, 96.
ature Conservation Council of NSW Inc. v Minister for
Water, Property and Housing  NSWLEC
PROCEDURE – applicant seeks leave of court to rely on expert evidence concerning climate change related topics in judicial review proceedings challenging making of a water sharing plan for the Border Rivers region;
Basin Plan 2012 (Cth); Civil Procedure Act 2005 (NSW), ss 56, 57, 59, 60; NSW Border Rivers Region Regulated River Water Source Order 2021 (NSW), cll 2, 4, 7, 8, 13, 26, 27, 57; Uniform Civil Procedure Rules 2005 (NSW), rr 31.17, 31.19; Water Management Act 2000 (NSW), ss 3, 5, 8, 9, 20, 21, 50.
Cramp & Cramp v Commissioner of Police, NSW Police
Force  NSWCATAD
ADMINISTRATIVE LAW – Firearms licences – late applications for administrative review – extensions of time sought – principles relevant to extension of time applications.
Administrative Decisions Review Act 1997; Civil and Administrative Tribunal Act 2013; Civil and Administrative Tribunal Rules 2014; Firearms Act 1996.
Jalnz Constructions Pty Ltd v Commissioner of Fair
Trading  NSWCATAD
ADMINISTRATIVE REVIEW – strata building bond – no administratively reviewable decision – dismissal.
Administrative Decisions Review Act 1997; Civil and Administrative Tribunal Act 2013; Civil and Administrative Tribunal Rules 2014; Strata Schemes Management Act 2015; Strata Schemes Management Regulation 2016.
Danger v Commissioner of Police (No. 2)
 NSWIRComm 1040
UNFAIR DISMISSAL – constructive dismissal Commissioner's vaccination mandate direction – information collection notices – compensation ordered.
Government Sector Employment Act 2013; Health Records and Information Privacy Act 2002; Industrial Relations Act 1996.
Darkinjung Local Aboriginal Land Council v Minister
Administering the Crown Land Management Act – 'Gosford 1
& 2'  NSWLEC
ABORIGINAL LAND RIGHTS – whether land needed or likely to be needed for essential public purpose at the date of claim of provision of supported employment for disabled persons in workshop located on the land; ABORIGINAL LAND RIGHTS – whether land needed or likely to be needed for essential public purpose at the date of claim of use as driveway to access workshop for supported employment for disabled persons.
Aboriginal Land Rights Act 1983 (NSW), ss 3, 36; Associations Incorporation Act 1984 (NSW), ss 7, 11, 19; Charities Act 2013 (Cth); Crown Lands Act 1989 (NSW), ss 3, 80, 87, Pt 5 Div 3; Crown Lands Consolidation Act 1913 (NSW), s 28; Crown Lands Management Act 2016 (NSW); Disability Services Act 1986 (Cth), s7, Pt II Div 2A; Encroachment of Lands Act 1922 (NSW); Forestry Act 1916 (NSW); Handicapped Persons Assistance Act 1974 (Cth), s 5; Interpretation Act 1987 (NSW), s 33; National Disability Insurance Scheme Act 2013 (Cth); Public Trusts Act 1897 (NSW); Statute of Elizabeth 43 Eliz I c 4 (Charitable Uses Act 1601).
Forever Family Day Care Pty Ltd v Secretary, Department
of Education  NSWCATAD
ADMINISTRATIVE LAW – (NSW) Children (Education and Care Services) National Law – Cancellation of provider approval – Approved provider did not operate any education and care service for more than 12 months – Childcare Services – Administrative review jurisdiction – What is the correct and preferable decision – Whether the Tribunal should uphold the decisions or substitute a decision – Correct and preferable decisions.
(NSW) Children (Education and Care Services) National Law) Application Act 2010 ss 3, 5(1), 31(f), 32, 33(1)(a)(i), 36, 192, 193 and 194.
Zonnevylle v Secretary, Department of Education
ADMINISTRATIVE LAW – freedom of information – government information public access-request to record hearing on a personal device-request for oral reasons – request for recusal-public interest considerations- Government Information (Public Access) Act 2009 (NSW).
Administrative Decisions Review Act (NSW) 1997; Civil and Administrative Tribunal (NSW) Act 2013; Court Security Act (NSW) 2005; Government Information (Public Access) Act 2009 (NSW).
Eddy v Goulburn Mulwaree Council
 NSWCA 87
NEGLIGENCE – Defences – Civil Liability Act 2002 (NSW), s 45 – Whether defendant had actual knowledge of the particular risk the materialisation of which resulted in the harm – Extent of specificity required by phrase "particular risk".
Civil Liability Act 2002 (NSW), ss 5B, 5C, 5F, 5G, 5H, 5L, 5M, 45; Civil Liability Act 2003 (Qld), s 37.
Bills introduced by Government
ICAC and LECC Legislation Amendment Bill 2022 8 June 2022
Treasury Legislation Amendment (Miscellaneous) Bill 2022 8 June 2022
Bills introduced by Non-Government
Fiscal Responsibility Amendment Bill 2022 8 June 2022
Industrial Relations Legislation Amendment (Public Sector Remuneration Cap Repeal) Bill 2022 8 June 2022
Bills revised following amendment in Committee
Child Protection (Working with Children) Amendment Bill 2022 9 June 2022
Disability Inclusion Amendment Bill 2022 9 June 2022
Parliamentary Budget Officer Amendment Bill 2022 9 June 2022
Rock Fishing Safety Amendment Bill 2022 9 June 2022
Bills passed by both Houses of Parliament
Statute Law (Miscellaneous Provisions) Bill 2022
Bills assented to
Motor Accidents and Workers Compensation Legislation Amendment Bill 2022 Act No 25 of 2022 as amended
Statute Law (Miscellaneous Provisions) Bill 2022 Act No 26 of 2022 as amended
Electronic Conveyancing (Adoption of National Law) Amendment Act 2022 No 18 as amended
Firearms Legislation Amendment Act 2022 No 19 as amended
Government Telecommunications Amendment Act 2022 No 20 as amended
Mining and Petroleum Legislation Amendment Act 2022 No 21 as amended
Racing and Gambling Legislation Amendment Act 2022 No 22 as amended
RSL NSW Amendment Act 2022 No 23 as amended
Work Health and Safety (Mines and Petroleum Sites) Amendment Act 2022 No 24 as amended
Proclamations commencing Acts
COVID-19 and Other Legislation Amendment (Regulatory Reforms) Act 2022 No 5 LW 10 June 2022
Greater Sydney Parklands Trust Act 2022 No 9 LW 10 June 2022
Regulations and other miscellaneous instruments
Treasurer's Direction TD22-15 – Amendment to TD21-02 LW 20 June 2022
Coal Mine Subsidence Compensation Amendment (Contributions) Regulation 2022 LW 17 June 2022
Electricity Supply (General) Amendment (Before You Dig Australia Limited) Regulation 2022 LW 17 June 2022
Gas Supply (Safety and Network Management) Amendment (Before You Dig Australia Limited) Regulation 2022 LW 17 June 2022
Notice of Adjusted Amounts Under Section 33AF of Duties Act 1997 LW 17 June 2022
Residential Apartment Buildings (Compliance and Enforcement Powers) Amendment (Building Work Levy) Regulation 2022 LW 17 June 2022
Road Transport (Driver Licensing) Amendment Regulation 2022 LW 17 June 2022
Work Health and Safety Amendment (Licences in Digital Form) Regulation 2022 LW 17 June 2022
Essential Services Proclamation (No 2) 2022 LW 16 June 2022
Essential Services Regulation (No 2) 2022 LW 16 June 2022
Determination LW 10 June 2022
Electoral Funding (Adjustable Amounts) (Political Donation Caps) Notice 2022 LW 10 June 2022
Local Government (General) Amendment Regulation 2022 LW 10 June 2022
Motor Accident Injuries Amendment Regulation 2022 LW 10 June 2022
Referable Debt Order LW 10 June 2022
Workers Compensation (Indexation) Amendment Order (No 2) 2022 LW 10 June 2022
Environmental Planning Instruments
Campbelltown Local Environmental Plan 2015 (Amendment No 30) LW 17 June 2022
Shoalhaven Local Environmental Plan 2014 (Amendment No 44) LW 17 June 2022
Wyong Local Environmental Plan 2013 (Map Amendment No 2) LW 17 June 2022
Ballina Local Environmental Plan 1987 (Amendment No 117) LW 10 June 2022
Byron Local Environmental Plan 2014 (Map Amendment No 2) LW 10 June 2022
Cessnock Local Environmental Plan 2011 (Amendment No 34) LW 10 June 2022
Coffs Harbour Local Environmental Plan 2013 (Map Amendment No 4) LW 10 June 2022
Newcastle Local Environmental Plan 2012 (Map Amendment No 1) LW 10 June 2022
Warringah Local Environmental Plan 2011 (Amendment No 27) LW 10 June 2022
Woollahra Local Environmental Plan 2014 (Amendment No 24) LW 10 June 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.