In the media
High-rise living accelerates in greater Sydney,
Wollongong and Newcastle
Regional centres are embracing high-rise living, with the
number of new apartment blocks due to escalate in response to the
housing crisis. While some growing high-density locations are being
applauded for incorporating open space with community facilities
and transport, others are criticised as "dormitory
suburbs" lacking in life. The New South Wales government is
introducing a series of changes such as rezoning to promote
development. Newcastle Mayor Nuatali Nelmes says $3 billion will be
invested into the centre of Newcastle over 30 years and create
20,000 new homes and 15,000 jobs. (26 August 2024). Read more here.
A First Class upgrade: Sydney Gateway to open
Sunday
Sydney Gateway, the toll-free, time-saving connection to
Sydney Airport, will open to traffic from the motorway network on
Sunday 1 September. The new five kilometres of motorway will
transform access to the airport, saving motorists an estimated 17
minutes between the airport and the St Peters Interchange which
connects to the M8, and the main routes to Western Sydney –
the M5 and M4. Minister for Roads John Graham said, "Sydney
Metro was a transformational infrastructure project for Sydney and
the opening of Gateway is now going to transform that familiar car
trip to the airport, whether it is to depart on holidays, return on
business or picking up the family." (26 August 2024). Read
more here.
Minister orders review of NSW Strata and Property
Services Commissioner John Minns's stake in property
group
The NSW Strata and Property Services Commissioner, John
Minns, responsible for overseeing strata governance and assisting
in the regulation of the state's property sector — has
failed to publicly disclose more than 500,000 shares in a major
real estate and strata services company. John Minns said publicly
he had sold his interest in Independent Property Group in 2021.
However, his family trust continued to hold shares in the company
worth more than $750,000. NSW's Minister for Better Regulation
and Fair Trading, Anoulack Chanthivong, has asked for an urgent
review of the matter. (23 August 2024). Read more here.
NSW to consult on Forestry Industry Action Plan
The NSW Government is today announcing the appointment of
an expert panel to lead consultation on a Forestry Industry Action
Plan, which will outline the path NSW will take to ensure a
sustainable timber industry that aligns with the government's
key environmental priorities. The Panel will be tasked with
consulting with a broad range of stakeholders and report to
Government on the best options to achieve the balance between
sustainable supplies of timber and our environmental commitments.
(26 August 2024). Read more here.
$4m Aboriginal Languages boost as new grant round
opens
The NSW Government is delivering on its ongoing commitment
to revitalise Aboriginal Languages, with the announcement of more
than $4 million in grants to fund 74 Aboriginal Language projects
across the state. This new funding builds on the $3.9 million
delivered in 2023, double the Coalition Government's spend in
2022. The Minister for Aboriginal Affairs and Treaty David Harris
announced the funding while visiting one of the grant recipients,
First Linguists, in the town of Brewarrina on Thursday. First
Linguists, supported by Brewarrina Local Aboriginal Land Council,
will receive a $15,000 grant to develop workshops to revitalise and
preserve the Ngemba, Ualarai, Murrawarri and Kimilaroi Languages.
(26 August 2024). Read more here.
Bowdens Silver mine project in NSW deemed void after
appeal upheld
The NSW Supreme Court of Appeal has upheld an appeal
against the Bowdens silver mine project near Mudgee. The court
found the state's Independent Planning Commission failed to
consider the impacts of a transmission line when it granted the
approval in 2023. For the past four years, the Mudgee Region Action
Group has been fighting the development, claiming the impacts of
silver and lead in the air and surrounding groundwater could be
disastrous. The mines' parent company Silver Mines Limited said
it was disappointed and would explore its options. (16 August
2024). Read more here.
Publications
New strategy and regulatory priorities launched to
protect consumers and businesses
NSW Fair Trading has launched its new 2024-2027 strategy
and regulatory priorities for the 2024-25 financial year. The
2024-2027 strategy sets a new vision to safeguard consumer rights
and ensure fair practices across key sectors. It captures where NSW
Fair Trading focusing its efforts, and what approach it will take
to deliver activities that achieve our vision and purpose. The 2024
regulatory priorities outline the specific areas and consumer harms
it aims to address proactively in the financial year 2024-25. (22
August 2024). Read more here.
Performance Audit Report of the Auditor-General entitled
"Threatened species and ecological communities"
The objective of this audit was to assess whether DCCEEW
has effectively delivered outcomes to support threatened species
and ecological communities across New South Wales. To address this
objective, the audit considered whether the Department of Climate
Change, Energy, the Environment and Water (DCCEEW) has implemented
an effective long-term plan to deliver positive outcomes for
threatened species and ecological communities, and whether DCCEEW
has delivered a statutory Biodiversity Conservation Program that
contributes to positive outcomes for threatened species and
ecological communities. (15 August 2024). Read more here.
Special Report of the NSW Ombudsman entitled
"Investigation into inmate discipline in NSW correctional
centres"
This is a report of the NSW Ombudsman's own motion
investigation into the administration of the NSW inmate
disciplinary system. It was found that there is a systemic failure
to follow the requirements of the legislation and the relevant
policies in relation to inmate discipline. In some cases, this is
leading to unjust outcomes and potentially unlawful decisions. The
NSW Ombudsman saw maladministration at all steps in the
disciplinary process, which was not confined to any particular
centres or decision-makers. (21 August 2024). Read more here.
Special Report of the NSW Ombudsman entitled
"Investigation into actions taken against bystander inmates
following an incident at Clarence Correctional Centre"
Following complaints made by some of those inmates, the
NSW Ombudsman conducted an investigation and found that procedural
requirements designed to ensure a fair process had not been
followed when inmates were charged with correctional centre
offences, and that inmates were found guilty despite relevant
evidence (including CCTV footage) not supporting such findings. The
Ombudsman also found that 'behaviour management contracts'
were imposed on some inmates inappropriately, and the conditions of
these contracts were unreasonable and oppressive. (21 August 2024).
Read more here.
Report No. 52 of Portfolio Committee No. 3 –
Education entitled "Children and young people with disability
in New South Wales educational settings"
Portfolio Committee No. 3 – Education inquires into
and report on current levels of access and attainment for children
and young people with disability in New South Wales educational
settings. It provides an opportunity to hear directly from children
and young people with disability and their families, educators and
representatives about how the committee can make NSW's
education system safe, inclusive and accessible for all students.
Following the landmark Royal Commission into Violence, Abuse,
Neglect and Exploitation of People with Disability, which focused
considerably on inclusive education as the nucleus of an inclusive
society, the committee examined the state of NSW's education
system including public and private mainstream and special
educational settings, from early childhood education through to
vocational education and university settings. (22 August 2024).
Read more here.
Report of the Committee on the Independent Commission
Against Corruption entitled 'Review of the 2021-2022 and
2022-2023 annual reports of the ICAC and the Inspector of the
ICAC'
This report is the Committee's first review of the
annual reports of the Independent Commission Against Corruption
(ICAC) and Inspector of the ICAC conducted during the 58th
Parliament. The inquiry was also the Committee's first
opportunity to hear evidence from the current Chief Commissioner
and Commissioners of the ICAC and the current Inspector, all of
whom began their terms in 2022. (22 August 2024). Read more here.
NSW Aboriginal Health Plan 2024-2034
The NSW Aboriginal Health Plan 2024-2034 marks a
significant step towards reforming health systems to provide
culturally safe, holistic and high-quality care for all Aboriginal
people in NSW. The vision of this plan is 'Sharing power in
system reform to achieve the highest levels of health and wellbeing
for Aboriginal people'. By sharing decision-making power with
Aboriginal people we can challenge the status quo, we can do things
differently and we can achieve different outcomes. (25 August
2024). Read more here.
Guide to the Role Delineation of Clinical Services
(2024)
The NSW Health Guide to the Role Delineation of Clinical
Services aims to provide a consistent language for describing
clinical services. The Guide was developed through a series of
stakeholder workshops with support from a Project Reference Group,
the Ministry and Pillar agencies. It is informed by ongoing
consultation and commentary from local health districts, specialty
health networks and service providers. (20 August 2024). Read more
here.
Consent to Medical and Healthcare Treatment Manual
The second edition of the NSW Health Consent to Medical
and Healthcare Treatment Manual (Consent Manual) includes the
specific and additional consent requirements for Minors accessing
gender affirming medical treatment. The Consent Manual provides
operational guidance and procedures to support compliance with the
NSW law on obtaining consent to medical treatment from patients or
their substitute consent providers. The Consent Manual incorporates
changes in legislation and NSW Health policy which impact on the
legal obligations for obtaining consent to medical treatment. (19
August 2024). Read more here.
Alcohol and Other Drugs Workforce Strategy
2024-2032
This strategy is a significant milestone for the sector.
It sets a clear direction for cross-sector action and partnerships
that will enhance the capacity and capability of the AOD workforce
across NSW. It has been developed with the invaluable input and
collaboration of a wide range of stakeholders, including NADA, and
extensive consultation from the non-government AOD sector. (16
August 2024). Read more here.
Practice and Courts
Have your say – State-wide coal mine
consultation
The NSW Environment Protection Authority (EPA) uses
licences to regulate coal mines in NSW. Operators are required to
meet legally enforceable conditions to protect the community and
the environment. The EPA progressively make changes to licences to
ensure they reflect best practice. This consultation is an
important opportunity to have a look at the sector as a whole and
ensure licences are operating as intended, to protect the health of
the community and environment. This consultation will complement
the individual statutory five yearly reviews of coal mine licences,
the majority of which are due in 2024, and provide community with a
streamlined opportunity to have their say. Read more here.
Cases
Cachuela v Commissioner of Police, NSW
Police Force [2024] NSWIRComm
1053
EMPLOYMENT AND INDUSTRIAL LAW – termination –
statutory rights – unfair dismissal – jurisdiction
– employee dismissed five days before end of probationary
period – reasonable period of probation – minimum
probation period prescribed by statutory rule – probationary
period reasonable having regard to nature and circumstances of
employment – no jurisdiction to hear and determine unfair
dismissal claim
Government
Sector Employment (General) Rules 2014, r 5(2)(b); Government
Sector Employment (NSW Police Force) Rules 2017 (NSW), rr 2, 28; Industrial Relations Act 1996 (NSW),
ss 81, 83, 84, 85, 88, 89; Industrial Relations (General) Regulation 2020
(NSW), reg 6; Interpretation Act 1987 (NSW), ss 3, 5, 41, Schedule 4 Dictionary; Police
Act 1990 (NSW), ss 6, 81E, 81F, 93A; Public Sector Employment and Management Act
2002 (NSW), s 23
Jalil v Commissioner of Police, NSW
Police Force [2024] NSWCATOD
132
LICENCING – security licence – mandatory
revocation – whether convicted of a prescribed offence
involving assault of any description – summary dismissal
– arguable case
Civil and
Administrative Tribunal Act, s 55(1)(b); Crimes Act
1900 (NSW), s 53; Security Industry Act 1997 (NSW); Security
Industry Regulation 2016, cl 15(1)(c)
Pezzano v Department of Creative
Industries, Tourism, Hospitality and Sport
[2024] NSWCATAD 247
ADMINISTRATIVE LAW – access to government
information – ground for refusing access – overriding
secrecy laws – whether information held by agency –
reasonable searches.
Administrative Decisions Review Act 1997 (NSW);
Civil and
Administrative Tribunal Act 2013 (NSW); Corporations
Act 2001 (Cth); Government Information (Public Access) Act 2009
(NSW); Lotteries and Art Unions Act 1901 (NSW); Public
Lotteries Act 1996 (NSW)
Secretary, Department of Planning,
Housing and Infrastructure v CEAL Ltd (t/as Multiquip
Quarries) [2024] NSWLEC
89
CRIMINAL – practice and procedure – charge of
failing to comply with development consent conditions by breach of
s 9.51 Environment Planning and Assessment Act 1979 (NSW)
– whether amended summons patently duplicitous
Environment Protection Authority v
Pullinger [2022] NSWLEC 143; Environment Protection Authority v Truegain Pty
Ltd (2013) 85 NSWLR 125; [2013] NSWCCA 204; Johnson v
Miller (1937) 59 CLR 467; [1937] HCA 77; Kiangatha
Holdings Pty Ltd v Water NSW [2020] NSWCCA 263; Snowy
Monaro Regional Council v Tropic Asphalts Pty Ltd (2018)
362 ALR 359; [2018] NSWCCA 202; Walsh v
Tattersall (1996) 188 CLR 77; [1996] HCA 26
Environment Protection Authority v
McMurray [2024] NSWCCA
160
CRIMINAL PROCEEDINGS – Stated question –
question of law arising on appeal to Land and Environment Court
– offence attracting special executive liability –
cause place to be used as waste facility without lawful authority
– law providing for special executive liability of executives
for offence by corporation – offence committed by local
council – liability of general manager of council – law
applies to and in respect of council in same way as applies to and
in respect of corporation – whether special executive
liability law applies to and in respect of council – whether
law applies to and in respect of general manager
Crimes
(Appeal and Review) Act 2001 (NSW), s 42B; Criminal Appeal Act 1912 (NSW), ss 5BA, 56A; Local Government Act 1993 (NSW), s 220; Local Government Amendment (Legal Status) Act
2008 (NSW); Interpretation Act 1987 (NSW), s 34; Protection of the Environment Operations Act
1997 (NSW), ss 144, 169
Harry v Inner West Council (No
3) [2024] NSWSC
1027
ANIMALS – companion animals – dogs –
menacing dog declaration made by authorised officer –
validity
ADMINISTRATIVE LAW – judicial review of menacing dog
declaration – irrelevant considerations – owner's
involvement in prior dog attacks –dog's prior history of
attacks – no express limitation on matters to be considered
– subject-matter, scope and purpose of legislation – no
implied limitation on addressing matters complained of
CIVIL PROCEDURE – judicial review – commencing
proceeding – extension of time – 10 months extension
required – merit of claim – no prejudice to public or
defendant – evidence of psychological disability
Companion
Animals Act 1998 (NSW), ss 3A, 11, 13, 16, 23, 33, 33A, 35, 36, 41, 47, 51, Pt 9, ss 79, 80, 83, 83C; Companion Animals Regulation 2018 (NSW), cll
30, 31, Pt 6; Mental Health (Forensic Provisions) Act 1990
(NSW), s 32; Supreme Court Act 1970 (NSW), s 69; Uniform Civil Procedure Rules 2005 (NSW), rr 59.4, 59.10
Peden v Lake Macquarie City
Council [2024] NSWLEC
87
JUDICIAL REVIEW: validity of modification development
consent – whether the development modified substantially the
same – applicable legal principles – development as
modified not substantially the same development – respondents
restrained from acting upon the modified development consent.
COSTS: whether respondents to pay the applicant's costs where
respondents filed submitting appearances – applicable legal
principles – costs order made against consent authority up to
the date of filing submitting appearance.
Civil
Procedure Act 2005, ss 56-60; Environmental Planning &
Assessment Act 1979, ss 4.15, 4.55; Lake
Macquarie Local Environmental Plan 2014
Webb v Secretary, Department of
Communities and Justice [2024] NSWCATAD
251
ADMINISTRATIVE LAW – Government
Information (Public Access) Act 2009 (NSW) – Decision
that information not held – Reasonable searches
Administrative Decisions Review Act 1997 (NSW);
Civil and
Administrative Tribunal Act 2013 (NSW); Government
Information (Public Access) Act 2009 (NSW)
Hardiman v Parramatta City
Council [2024] NSWCATAD
242
Human Rights – leave – disability
discrimination – sufficiency of access to park
Anti-Discrimination Act, 1977 (NSW)
Legislation
Proclamations commencing Acts
Residential (Land Lease) Communities Amendment Act 2024 No 46 (2024-400) – published LW 23 August 2024
Scrap Metal Industry Amendment (Review) Act 2022 No 51 (2024-401) – published LW 23 August 2024
Regulations and other miscellaneous instruments
Agricultural and Veterinary Chemicals (New South Wales) Regulation 2024 (2024-402) – published LW 23 August 2024
Apprenticeship and Traineeship Regulation 2024 (2024-403) –– published LW 23 August 2024
Children's Court Regulation 2024 (2024-404) – published LW 23 August 2024
Electricity Infrastructure Investment Amendment (Revenue Determinations) Regulation 2024 (2024-405) – published LW 23 August 2024
Fisheries Management (Aquaculture) Regulation 2024 (2024-406) – published LW 23 August 2024
Government Advertising Regulation 2024 (2024-407) – published LW 23 August 2024
Hunter Water Regulation 2024 (2024-408) – published LW 23 August 2024
Industrial Relations Commission (Amendment No 1) Rules 2024 (2024-409) – published LW 23 August 2024
Law Enforcement and National Security (Assumed Identities) Regulation 2024 (2024-410) – published LW 23 August 2024
Parliamentary Contributory Superannuation Regulation 2024 (2024-411) – published LW 23 August 2024
Powers of Attorney Regulation 2024 (2024-412) – published LW 23 August 2024
Professional Standards Regulation 2024 (2024-413) – published LW 23 August 2024
Referable Debt Order (2024-414) – published LW 23 August 2024
Residential (Land Lease) Communities Amendment Regulation 2024 (2024-415) – published LW 23 August 2024
Rural Assistance Regulation 2024 (2024-416) – published LW 23 August 2024
Scrap Metal Industry (Transitional) Amendment Regulation 2024 (2024-417) – published LW 23 August 2024
Scrap Metal Industry Regulation 2024 (2024-418) – published LW 23 August 2024
State Records Regulation 2024 (2024-419) – published LW 23 August 2024
Statutory and Other Offices Remuneration (Executive Office Holders and Senior Executives) Amendment Regulation 2024 (2024-420) – published LW 23 August 2024
Statutory and Other Offices Remuneration (Judicial and Other Office Holders) Regulation 2024 (2024-421) – published LW 23 August 2024
Stock Medicines Regulation 2024 (2024-422) – published LW 23 August 2024
Subordinate Legislation (Postponement of Repeal) Order 2024 (2024-423) – published LW 23 August 2024
Aboriginal Land Rights Amendment (Regions) Order 2024 (2024-370) – published LW 16 August 2024
Administrative Arrangements (Administrative Changes—Corrective Services NSW) Order 2024 (2024-371) – published LW 16 August 2024
Administrative Decisions Review Regulation 2024 (2024-372) – published LW 16 August 2024
Assisted Reproductive Technology Regulation 2024 (2024-373) – published LW 16 August 2024
Casino Control Amendment Regulation 2024 (2024-374) – published LW 16 August 2024
Children (Protection and Parental Responsibility) Regulation 2024 (2024-375) – published LW 16 August 2024
Civil Liability Regulation 2024 (2024-376) – published LW 16 August 2024
Crimes (Criminal Organisations Control) Regulation 2024 (2024-377) – published LW 16 August 2024
Crimes (High Risk Offenders) Regulation 2024 (2024-378) – published LW 16 August 2024
Crimes (Sentencing Procedure) Regulation 2024 (2024-379) – published LW 16 August 2024
Crown Land Management Amendment Regulation 2024 (2024-380) – published LW 16 August 2024
Dormant Funds Regulation 2024 (2024-381) – published LW 16 August 2024
Education Standards Authority Regulation 2024 (2024-382) – published LW 16 August 2024
Insurance Regulation 2024 (2024-383) – published LW 16 August 2024
National Redress Scheme for Institutional Child Sexual Abuse (Commonwealth Powers) Regulation 2024 (2024-384) – published LW 16 August 2024
Oaths Regulation 2024 (2024-385) – published LW 16 August 2024
Teaching Service Regulation 2024 (2024-386) – published LW 16 August 2024
Terrorism (High Risk Offenders) Regulation 2024 (2024-387) – published LW 16 August 2024
Transport Administration (General) Amendment (Parramatta Light Rail) Regulation 2024 (2024-388) – published LW 16 August 2024
Trees (Disputes Between Neighbours) Regulation 2024 (2024-389) – published LW 16 August 2024
Work Health and Safety Amendment (Crystalline Silica Substances) Regulation 2024 (2024-390) – published LW 16 August 2024
Environmental Planning Instruments
Fairfield Local Environmental Plan 2013 (Map Amendment No 7) (2024-424) – published LW 23 August 2024
Orange Local Environmental Plan 2011 (Amendment No 37) (2024-429) – published LW 23 August 2024
Port Stephens Local Environmental Plan 2013 (Map Amendment No 8) (2024-425) – published LW 23 August 2024
Shoalhaven Local Environmental Plan 2014 (Amendment No 54) (2024-426) – published LW 23 August 2024
State Environmental Planning Policy (Precincts—Regional) Amendment (Activation Precincts) 2024 (2024-427) – published LW 23 August 2024
Warringah Local Environmental Plan 2011 (Amendment No 29) (2024-428) – published LW 23 August 2024
Byron Local Environmental Plan 2014 (Amendment No 44) (2024-391) – published LW 16 August 2024
Cessnock Local Environmental Plan 2011 (Map Amendment No 11) (2024-392) – published LW 16 August 2024
Fairfield Local Environmental Plan 2013 (Map Amendment No 8) (2024-393) – published LW 16 August 2024
Georges River Local Environmental Plan 2021 (Amendment No 9) (2024-394) – published LW 16 August 2024
Goulburn Mulwaree Local Environmental Plan 2009 (Map Amendment No 10) (2024-395) – published LW 16 August 2024
Inner West Local Environmental Plan 2022 (Amendment No 8) (2024-396) – published LW 16 August 2024
Lake Macquarie Local Environmental Plan 2014 (Map Amendment No 13) (2024-397) –– published LW 16 August 2024
Narromine Local Environmental Plan 2011 (Amendment No 13) (2024-398) – published LW 16 August 2024
Waverley Local Environmental Plan 2012 (Amendment No 25) (2024-399) – published LW 16 August 2024
Bills introduced - Government
Biodiversity Conservation Amendment (Biodiversity Offsets Scheme) Bill 2024
Child Protection (Offenders Registration) Amendment Bill 2024
Environmental Trust Amendment Bill 2024
Ports and Maritime Administration Amendment Bill 2024
Strata Managing Agents Legislation Amendment Bill 2024
Non-Government
Summary Offences Amendment (War Memorials and Other Protected Places) Bill 2024
Bills revised following amendment in Committee
Government Sector Finance Amendment (Integrity Agencies) Bill 2024
Industrial Relations Amendment (Administrator) Bill 2024
Local Government Amendment (Rural and Remote Councils) Bill 2024
Ombudsman and Other Legislation Amendment Bill 2024
Retail Trading Amendment (Anzac Day Trading Hours) Bill 2024
Bills passed by both Houses of Parliament
Better Regulation Legislation Amendment (Miscellaneous) Bill 2024
Industrial Relations Amendment (Administrator) Bill 2024
NSW Self Insurance Corporation Amendment (Special Liability Insurance) Bill 2024
Ombudsman and Other Legislation Amendment Bill 2024
Retail Trading Amendment (Anzac Day Trading Hours) Bill 2024
Bills assented to
Ombudsman and Other Legislation Amendment Act 2024 No 52 – assented to 20 August 2024
Better Regulation Legislation Amendment (Miscellaneous) Act 2024 No 53 – assented to 20 August 2024
NSW Self Insurance Corporation Amendment (Special Liability Insurance) Act 2024 No 54 – assented to 20 August 2024
Retail Trading Amendment (Anzac Day Trading Hours) Act 2024 No 55 – assented to 20 August 2024
Industrial Relations Amendment (Administrator) Act 2024 No 56 – assented to 20 August 2024
Coal Mine Subsidence Compensation Amendment Act 2024 No 48 – assented to 15 August 2024
Water Management Amendment (Central Coast Council) Act 2024 No 49 – assented to 15 August 2024
Rice Marketing Amendment Act 2024 No 50 – assented to 15 August 2024
Prevention of Cruelty to Animals Amendment (Transparency and Fit and Proper Persons) Act 2024 No 51 — assented to 15 August 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.