In the media
PwC failure threatens integrity of APS, report
says
A senate committee report into the integrity of government
consulting services has made 12 recommendations for change, saying
the PwC scandal and other 'ethical failures' by consultants
threaten the integrity of the entire public service (13 June 2024).
Read more here.
Freight Policy Reform – Local Government NSW
Local Government NSW (LGNSW) reviews the Freight Policy
Reform: Consultation Paper and provides a submission to Transport
for NSW in response to the NSW Freight Policy Reform program (5
June 2024). Read the consultation paper here. Read the submission here.
Report snapshot: Universities 2023
The Audit Office of NSW provides the financial audit
results of the NSW public universities' financial statements
for the year ended 31 December 2023. The report provides the audit
findings, key issues and recommendations (12 June 2024). Read more
here.
Report snapshot: Oversight of the child protection
system
The Audit Office of NSW has conducted an audit assessing
the effectiveness of the Department of Communities and Justice
(DCJ) in planning, designing, and overseeing the NSW child
protection system. They have assessed the performance of five
non-government organisations (NGOs), that were contracted to
provide child protection services (6 June 2024). Read the report here.
In the courts and practice
Reissued Practice Note SC EQ 7 – Probate and
Family Provision List
Chief Justice has reissued the Practice Note SC EQ 07
– Probate and Family Provision List, with a commencement date
of 17 June 2024 (13 June 2024). Access the practice note here.
Electronic Conveyancing National Law National
Enforcement Framework – Detailed Proposal Consultation
Draft
The LCA has provided a submission to respond to the
Electronic Conveyancing National Law National Enforcement
Framework—Detailed Proposal Consultation Draft (the Paper)
issued by the Australian Registrars' National Electronic
Conveyancing Council (ARNECC). The Law Council notes that this
consultation follows a previous consultation on enforcement
measures at a national level in 2021, and the implementation of
interim enforcement measures in New South Wales through the
Electronic Conveyancing Enforcement Act 2022 (NSW) (the NSW Act)
(13 June 2024). Access the submission here.
Cases
Wollondilly Shire Council v Styles [2024]
NSWCATAP 104
ADMINISTRATIVE LAW – whether evidence, other than the
documents themselves, is required to establish legal professional
privilege under the Government Information (Public Access) Act 2009
(NSW) – alleged inadequacy of reasons as a question of
law.
Civil and Administrative Tribunal Act 2013 (NSW) ; Evidence Act
1995 (NSW) ; Government Information (Public Access) Act 2009
NSW.
Freind v Commissioner of Police, NSW Police
Force [2024] NSWCATAD 163
Administrative Law – firearms – mental health issues
– failure to declare – public interest.
Civil and Administrative Tribunal Act 2013; Administrative
Decisions Review Act 1997; Firearms Act 1996.
Vandenberk and Secretary, Department of
Education [2024] AATA 1668
EDUCATION – HECS-HELP – debt remission – whether
special circumstances apply – where all 3 criteria must be
met – whether circumstances were abnormal, uncommon or
unusual and beyond applicant's control – whether full
impact of circumstances was on or after census date – whether
circumstances made it impracticable for applicant to complete the
requirements for the unit – Tribunal not satisfied that
special circumstances apply – decision affirmed.
Administrative Appeals Tribunal Act 1975 (Cth);
Higher Education Support Act 2003 (Cth); Mental Health
Act 2014 (Vic).
Snowy Mountain Bush Users Group Inc v Minister
for the Environment [2024] NSWSC 711
ADMINISTRATIVE LAW – judicial review – whether
Minister's decision pursuant to s 10(1) Kosciuszko Wild Horse Heritage Act 2018 (NSW)
involves jurisdictional error – application for interlocutory
injunction to prevent culling of wild horses – whether
plaintiff has standing – whether serious issue to be tried
– where delay in commencing proceedings – where
plaintiff has not proffered an undertaking as to damages –
adequacy of damages as a remedy if injunction not granted –
balance of convenience.
Kosciuszko Wild Horse Heritage Act 2018 (NSW), ss 4, 5, 6, 7, 8, 9,
10, 12; National Parks and Wildlife Act 1974 (NSW) ss 12, 73B, 81,
193; Prevention of Cruelty to Animals Act 1979 (NSW), ss 4, 5;
Uniform Civil Procedure Rules 2005 (NSW), r 59.10.
Cross v Secretary of the Department of
Education (No 3) [2024] NSWIRComm 1035
EMPLOYMENT AND INDUSTRIAL LAW – Termination – Statutory
rights – Unfair dismissal – teacher dismissed after
performance found to be unsatisfactory following an Executive
Teacher Improvement Program – whether there was a proper
basis to place teacher on Program – whether process impacted
by bias or discrimination – whether dismissal otherwise
unreasonable or unjust – whether dismissal harsh.
Anti-Discrimination Act 1977 ss 49B, 49D; Industrial Relations Act
1996 ss 84, 88, 89; Teacher Accreditation Act 2004 s 42B; Teaching
Service Act 1980 ss 5A, 7, 8, 44, Pt 4A ss 93A, 93B, 93D, 93H,
93J.
Warriewood Developers Pty Ltd v Northern
Beaches Council [2024] NSWLEC 1321
DEVELOPMENT APPLICATION – subdivision – creek line
works – construction of residential flat buildings –
appeal upheld.
Biodiversity Conservation Act 2016, s 7.2; Environmental Planning
and Assessment Act 1979, ss 1.3, 4.15, 4.47, 8.7, 8.14, 10.3; Land
and Environment Court Act 1979, s 39; Water Management Act 2000, s
91; Rural Fires Act 1997, s 100B.
Biodiversity Conservation Regulation 2017, ss 7.1-7.3; Pittwater
Local Environmental Plan 2014, cl 4.3, 4.6, 5.21, 6.1, 7.1, 7.2,
7.6, 7.10; State Environmental Planning Policy (Planning Systems)
2001, s 2.19, Sch 6 s 3; State Environmental Planning Policy
(Resilience and Hazards) 2021, ss 2.7, 2.8; State Environmental
Planning Policy 65 – Design Quality of Residential Apartment
Development, Pt 2.
Sicard v The Hills Shire Council [2024]
NSWCATAD 162
Administrative Law – GIPA Act – Government Information –
Access – Balancing competing public interest factors for and
against disclosure.
Civil and Administrative Tribunal Act 2013; Administrative
Decisions Review Act 1997; Government Information (Public Access)
Act 2009.
Lee v Commissioner for Fair Trading [2024]
NSWCATOD 79
ADMINISTRATIVE LAW – administrative review – occupation
– qualifications and registration – professional
engineer and design practitioner registration – alternative
registration pathway requirements – whether experience is at
least or equivalent to prescribed requirements.
Administrative Decisions Review Act 1997; Building and Development
Certifiers Act 2018; Design and Building Practitioners Act 2020;
Home Building Act 1989.
Legislation
Bills introduced – Government
Catholic Cemeteries and Crematoria Trust Bill 2024 – introduced LA 6 June 2024
Community Services Sector (Portable Long Service Leave) Bill 2024 – introduced LA 5 June 2024
Electoral Funding Amendment Bill 2024 – introduced LA 4 June 2024
Energy Legislation Amendment (Clean Energy Future) Bill 2024 – introduced LA 5 June 2024
Energy Security Corporation Bill 2024 – introduced LA 4 June 2024
Government Sector Employment and Other Legislation Amendment Bill 2024 – introduced LC 6 June 2024
Prevention of Cruelty to Animals Amendment (Transparency and Fit and Proper Persons) Bill 2024 – introduced LC 6 June 2024
Rice Marketing Amendment Bill 2024 – introduced LC 6 June 2024
Statute Law (Miscellaneous Provisions) Bill 2024 – introduced LC 6 June 2024
Transport Administration Amendment Bill 2024 – introduced LA 4 June 2024
Work Health and Safety Amendment (Industrial Manslaughter) Bill 2024 – introduced LA 4 June 2024
Bills introduced – Non-Government
Alcohol Consumption in Public Places (Liberalisation) Bill 2024 – introduced LC 5 June 2024
Automated External Defibrillators (Public Access) Bill 2024 (No 2) – introduced LA 6 June 2024
Environmental Planning and Assessment Amendment (Disallowance of Transport Oriented Development SEPP) Bill 2024 – introduced LC 5 June 2024
Protection of the Environment Operations Amendment (Balloons) Bill 2024 – introduced LA 6 June 2024
Road Rules Amendment (Helmets–Sikh Exemption) Bill 2024 – introduced LC 5 June 2024
Bills revised following amendment in Committee
Bail and Other Legislation Amendment (Domestic Violence) Bill 2024 – passed by both Houses 6 June 2024
Emergency Services Levy Amendment (Land Classification) Bill 2024 – passed by both Houses 5 June 2024
Law Enforcement (Powers and Responsibilities) and Other Legislation Amendment (Knife Crime) Bill 2024 – passed by both Houses 6 June 2024
Residential (Land Lease) Communities Amendment Bill 2024 – introduced LC for concurrence 6 June 2024
Bills passed by both Houses of Parliament
Bail and Other Legislation Amendment (Domestic Violence) Bill 2024 – passed by both Houses 6 June 2024
Emergency Services Levy Amendment (Land Classification) Bill 2024 – passed by both Houses 5 June 2024
Emergency Services Levy Insurance Monitor Bill 2024 – passed by both Houses 5 June 2024
Law Enforcement (Powers and Responsibilities) and Other Legislation Amendment (Knife Crime) Bill 2024 – passed by both Houses 6 June 2024
Museums of History NSW Amendment (Chief Executive Officer) Bill 2024 – passed by both Houses 5 June 2024
Regulation and other miscellaneous instruments
Notice under the Land Acquisition (Just Terms Compensation) Act 1991 (2024-205) – published LW 14 June 2024
Treasurer's Direction TD24-18 – Amendment to TD21-03 Submission of Annual GSF Financial Statements for NSW public sector agencies that are not included in TD21-02 (2024-203) – published LW 12 June 2024
Treasurer's Direction TD24-19 – Amendment to TD21-02 Mandatory Annual Returns to Treasury (2024-204) – published LW 12 June 2024
Births, Deaths and Marriages Registration Amendment (Fees) Regulation 2024 (2024-192) – published LW 7 June 2024
Casino Control Amendment (Manager Appointment Extension) Regulation 2024 (2024-193) – published LW 7 June 2024
Design and Building Practitioners Amendment (Miscellaneous) Regulation 2024 (2024-194) – published LW 7 June 2024
Electoral Amendment (Technology Assisted Voting at By-elections) Regulation 2024 (2024-195) – published LW 7 June 2024
Land Tax Management Regulation 2024 (2024-196) – published LW 7 June 2024
Road Transport Amendment (Automated Seatbelt Enforcement) Rule 2024 (2024-197) – published LW 7 June 2024
State Debt Recovery Regulation 2024 (2024-198) – published LW 7 June 2024
Uniform Civil Procedure (Amendment No 101) Rule 2024 (2024-199) – published LW 7 June 2024
Environmental Planning Instruments
Bega Valley Local Environmental Plan 2013 (Amendment No 45) (2024-206) – published LW 14 June 2024
Campbelltown Local Environmental Plan 2015 (Amendment No 33) (2024-207) – published LW 14 June 2024
Canterbury-Bankstown Local Environmental Plan 2023 (Amendment No 3) (2024-208) – published LW 14 June 2024
Canterbury-Bankstown Local Environmental Plan 2023 (Amendment No 4) (2024-209) – published LW 14 June 2024
Central Darling Local Environmental Plan 2012 (Amendment No 5) (2024-210) – published LW 14 June 2024
Central Coast Local Environmental Plan 2022 (Amendment No 6) (2024-200) – published LW 7 June 2024
Dubbo Regional Local Environmental Plan 2022 (Amendment No 3) (2024-201) – published LW 7 June 2024
Eurobodalla Local Environmental Plan 2012 (Amendment No 19) (2024-202) – published LW 7 June 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.
