In the media
NSW government to trial average speed cameras for all
vehicles in bid to curb state's rising road toll
Point-to-point speed cameras will track all vehicles in
parts of regional NSW as part of a trial. The cameras calculate a
driver's average speed to determine whether they have been
driving over the limit. The trial will last for six months. Roads
Minister John Graham said point-to-point, or average speed cameras,
meant drivers could not simply slow down for a speed camera to
avoid a fine. "Rather than test your speed at a particular
point in time, like a mobile speed camera, these test the speed
you're driving over 15 or 16 kilometres," he said. (8
September 2024). Read more here.
NSW government backs down on threat to suspend Liverpool
Council ahead of local elections
Liverpool Council says the state government has backed
down on its suspension threat and elections will go ahead next
Saturday. Earlier this year, Minister for Local Government Ron
Hoenig threatened to suspend councillors after a report found
allegations of widespread dysfunction at the organisation. Council
lodged a fresh court appeal on Thursday, but Liverpool Mayor Ned
Mannoun said it had since reached a deal with the government. An
inquiry will still be held into council, after an interim report
from the Office of Local Government identified a "toxic
culture" within the organisation. (5 September 2024). Read
more here.
NSW government proposes suite of 'very tough'
domestic violence changes
Repeat domestic violence abusers will face additional
prison time, while other serious offenders will be required to
inform police of any online dating profiles they create, if a suite
of legislative reforms are passed in the NSW parliament this month.
The NSW government will introduce two new offences, new court
orders and a series of other changes in a bid to strengthen laws
around domestic violence. The premier said the changes send the
message that the justice system prioritises the safety of
victim-survivors. The proposed reforms will be put to parliament
this month. (2 September 2024). Read more here.
Thousands of nurses and midwives strike across NSW
demanding better pay despite IRC order
Thousands of nurses across New South Wales have walked off
the job demanding a one-year, 15 per cent pay rise, despite an
Industrial Relations Commission (IRC) order for them not to. The
industrial court told the nurses' union to call off the
12.5-hour-long strike yesterday. The state government argued the
strike would cause extensive delays at hospitals, impacting
patients and delaying elective surgeries. Speaking to a nurse who
called into Nine Radio, Premier Chris Minns said his government
could not afford to meet the union's demands: "If we
implemented a 15 per cent, one-year increase in salaries, it would
cost $6.5 billion, that's more than we spend on the entire
police force." (10 September 2024). Read more here.
Voters to decide whether to slash number of councillors
in five NSW council areas
Woollahra Council, in Sydney's eastern suburbs, is
among those holding a constitutional referendum. Woollahra
residents will vote on reducing the number of councillors from 15
to nine at Saturday's local government elections. Supporters of
the No campaign say minor parties and independents will lose out,
while those in favour argue changes to the workload means fewer
councillors are needed. Liberal councillor Sean Carmichael said
between five and 12 councillors was optimal for "good-quality
decision-making". If the vote is successful, the change will
kick in from 2028, with the merger of wards likely. (11 September
2024). Read more here.
New fund announced to help tackle the homelessness
crisis
The Minns Labor Government is continuing to pull every
available lever to address the housing affordability and
availability crisis facing New South Wales, with an $100 million
investment into Homelessness Innovation Fund. This game-changing
fund comes at a critical time, as the 2024 NSW Street Count
revealed a 26 per-cent increase in rough sleeping over the past
year. The fund will equip homelessness organisations with the tools
to develop creative and innovative solutions to the housing crisis.
Delivering more effective support to those experiencing
homelessness, including the rapidly growing number of women and
children fleeing domestic violence. (10 September 2024). Read more
here.
Blacktown City Council denies breaking the law in sale
of assets to redevelop CBD
Blacktown City Council has been accused of potentially
breaking the law by signing a "very bad" $42 million deal
selling off key council properties to a major Sydney developer for
the transformation of its CBD. Walker Corporation signed the deal
in March 2023 to deliver a $2 billion redevelopment of
Blacktown's CBD with commercial office space and a new private
medical facility and research institute, which it says will boost
the local economy by as much as $1 billion annually. Now Liberal
councillors have accused the council of breaking the law by failing
to put the sale to tender. (4 September 2024). Read more here.
Publications
New report shapes way forward for freight policy
reform
Delivering their Interim Directions report, the
independent Freight Policy Reform Panel has made key
recommendations to support an efficient logistics supply chain in
New South Wales. The Reform Panel has taken a broad look at the
industry, with analysis showing freight volumes are estimated to
increase by 26 per cent across NSW between 2021 and 2041, with a 40
per cent increase in Greater Sydney alone. The release of the paper
marks some immediate actions for government and industry to
undertake and the opening of the second round of consultation ahead
of the Policy's finalisation by the end of the year. The
Interim Directions Paper looks at the end-to-end freight logistics
chain, focusing on both industry and network policy. (11 September
2024). Read more here.
The NSW Productivity and Equality Commissioner released
Review of housing supply challenges and policy options for New
South Wales
The Commissioner provided the Review's final report to
the Premier and Treasurer on 30 August 2024. The report finds that
the cost of building homes has increased significantly since 2018,
with barriers to housing supply including high construction and
borrowing costs, capacity constraints in the construction sector,
and bottlenecks in the development process. The report outlines 32
recommendations to support homebuilding in New South Wales now and
into the future, including recommendations about how to: free up
construction capacity to build more homes quickly; streamline the
development process; grow the construction workforce and build
industry capability; and ensure a diverse and equitable supply of
new homes. (30 August 2024). Read more here.
NSW Invasive Species Management Review
The NSW Premier has requested the Commission to review the
priority risks and impacts of invasive species in NSW, including
the effectiveness of current management strategies. This will help
to inform the NSW Government of key opportunities to better manage
invasive species, supported by the best available evidence. Pests
and weeds cause over $25 billion in damage to agriculture and
biodiversity each year nationally, of which NSW bears a large
proportion. Over 70 percent of NSW's threatened species and
endangered ecological communities are also impacted by invasive
species. (9 September 2024). Read more here.
Final Bus Industry Taskforce Report released
The Bus Industry Taskforce brought together bus operators,
industry experts, the workforce, and community representatives to
determine how to deliver more efficient and reliable services. The
NSW Bus Industry Taskforce has handed down its Final Report. This
report is the culmination of 12 months of investigation,
consultation and engagement to identify strategic and tactical
responses to deliver improved bus services for the people of NSW.
There were 19 Recommendations covering four key areas including:
passenger experience, bus service contracts, safety and workforce.
(3 September 2024). Read more here.
TPG24-27 Performance Reporting and Monitoring Policy for
Government Businesses
The NSW Government owns and controls a number of public
sector entities which are commonly referred to as 'government
businesses'. Generally, these businesses have been established
with an 'arms-length' relationship from government to
deliver activities which are commercial in nature, as well as
specific objectives and/or priorities of the Government. Government
businesses are accountable for the performance to their owners, the
people of New South Wales, as represented by Government Ministers.
The business's management and board (where applicable) are held
accountable for the financial and non-financial performance of the
business. (5 September 2024). Read more here.
TPG24-24 Recurrent Expenditure Assurance Framework
The Recurrent Expenditure Assurance Framework (REAF)
outlines the procedures for the application of the NSW Gateway
Policy to major recurrent expenditure investments. This Framework
sets out the requirements that must be followed by the Delivery
Agency, the Major Recurrent Advisory Group (MRAG), the Expert
Review Team, and NSW Treasury (as the Gateway Coordination Agency
for this Framework). The REAF is established under the NSW Gateway
Policy. It is approved by the NSW Government and applies to Major
Recurrent Expenditure Projects being undertaken by agencies. (4
September 2024). Read more here.
TPG23-27 Gender Impact Assessment Policy
The Gender Impact Assessment Policy provides guidance to
general government sector (GGS) agencies on when and how to produce
gender impact assessments for new policy proposals (NPPs). The
Gender Impact Assessment Policy comes into effect on 1 October
2024. All government agencies are required to prepare gender impact
assessments for NPPs. This recognises the important role the NSW
Government plays in ensuring the needs of all genders are
understood and addressed in the development of public policy. (3
September 2024). Read more here.
Practice and Courts
Dodgy suppliers to be banned from NSW Government
contracts
The Minns Labor Government will introduce legislation to
ban suppliers who engage in serious misconduct or abuse of trust
from doing business with the NSW Government.The procurement reforms
will establish a debarment regime and define the rules and
processes which can be used to stop a supplier from gaining access
the state's annual $42 billion spend.For the first time, the
NSW Government will have the power to exclude suppliers that engage
in misconduct. Examples of misconduct could include the company, or
one of its directors or senior managers, having engaged in
fraudulent or corrupt conduct or failing to comply with taxation
laws. Lesser penalties, such as suspension, could apply to
suppliers depending on the seriousness of the conduct and any
mitigating circumstances. (1 September 2024). Read more here.
Building reform legislation update
New building legislation is expected to be introduced to
NSW Parliament later this year. The NSW Government is seeking
comments on the draft building Bills and other documents for this
building reform. Local government and industry groups have until 18
October 2024 to respond. Key changes for councils to be aware of
are proposals to: move the certification provisions out of planning
legislation and into the draft Building Bill; change terminology
used in the building approval process; introduce provisions that
would allow Building Commission NSW to impose a new role of
"Supervising Certifier" to oversee council certification
work; require prefabricated buildings to obtain development consent
under planning legislation rather than existing Local Government
Act approval processes. (2 September 2024). Read more here.
Regional Development Advisory Council EOI open
Community members interested in shaping the future
prosperity of regional NSW are encouraged to apply to become part
of the NSW Government's Regional Development Advisory Council.
The Minns Labor Government has introduced important changes to how
government funds are used to ensure they reflect the needs of
regional communities and aim to deliver real outcomes. The Advisory
Council provides independent advice to the Minister for Regional
NSW about investments made by the NSW Government's $400 million
Regional Development Trust. The NSW Government established the
Advisory Council to offer independent advice that ensures projects
and programs are evidence-based and that regional communities are
at the centre of government decision making. (11 September 2024).
Read more here.
Cases
Feng v Chief Commissioner of State
Revenue [2024] NSWCATAD
273
TAXES AND DUTIES – Land tax – Surcharge land
tax – foreign person – liability
TAXES AND DUTIES – Land tax – Surcharge land tax
– exemptions – principal place of residence
Liverpool City Council v Minister for
Local Government and Ors [2024] NSWLEC
94
ADMINISTRATIVE LAW – Judicial review – Office
of Local Government – Ministerial decision – Local
government – Liverpool City Council – procedural
fairness – bias or apprehended bias – improper purpose
– jurisdictional error affecting later decisions under the
Local Government Act 1993 (NSW) – interim report –
public inquiry – amended summons dismissed
Cameron v Woollahra Municipal
Council [2024] NSWCA
216
CIVIL PROCEDURE – time – extension of time to
commence judicial review proceedings
ADMINISTRATIVE LAW – whether reviewable decision –
jurisdictional error – where decision to issue a construction
certificate legally unreasonable
ENVIRONMENT AND PLANNING – consent – conditions –
construction certificate – plans and specifications or
standards of building work or subdivision work specified in the
certificate are not consistent with the development consent –
effect of decision in Burwood Council v Ralan Burwood Pty Ltd (No
3) [2014] NSWCA in circumstances where jurisdictional
error has been established
Burke v Commissioner of Police, NSW
Police Force [2024] NSWCATAD
260
ADMINISTRATIVE LAW – administrative review of
refusal to grant silencer permit under Weapons
Prohibition Act 1998 (NSW) – whether genuine reason for
business/employment purposes – meaning of "necessary in
the conduct of the applicant's business or employment"
State of New South Wales v Kay
(Final) [2024] NSWSC
1132
HIGH RISK OFFENDERS – application for extended
supervision order – final hearing – third ESO –
high risk sex offender – "statistical outlier"
– difficult to apply ordinary assumptions based on advanced
age – where parties accept defendant poses unacceptable risk
of committing a serious offence if not kept under supervision
– where dispute as to conditions of supervision –
electronic monitoring – victim impact statements –
orders made
Topcubasi v Chief Commissioner of State
Revenue [2024] NSWCATAD
258
ADMINISTRATIVE LAW – administrative review –
assessment – objection – review by Civil and
Administrative Tribunal
STATE TAXES – surcharge purchaser duty – tax default
– interest – market rate – premium rate –
penalties – remission – discretion –
circumstances beyond control of taxpayer – reasonable
care
Legislation
Proclamations commencing Acts
Explosives Amendment Act 2023 No 23 (2024-432) – published LW 30 August 2024
Paintball Amendment Act 2023 No 31 (2024-433) – published LW 30 August 2024
Regulations and other miscellaneous instruments
Heavy Vehicle (Mass, Dimension and Loading) National Amendment Regulation 2024 (2024-470) – published LW 6 September 2024
Public Health Amendment (Scheduled Medical Conditions and Notifiable Diseases) Order (No 2) 2024 (2024-456) – published LW 3 September 2024
Referable Debt Order (2024-457) – published LW 6 September 2024
Workers Compensation (Indexation) Order (No 4) 2024 (2024-458) – published LW 6 September 2024
Agricultural Industry Services Regulation 2024 (2024-434) – published LW 30 August 2024
Biosecurity Order (Permitted Activities) Amendment Order 2024 (2024-435) – published LW 30 August 2024
Centennial Park and Moore Park Trust Regulation 2024 (2024-436) – published LW 30 August 2024
Contaminated Land Management (Adjusted Amounts) Notice 2024 (2024-437) – published LW 30 August 2024
Evidence (Audio and Audio Visual Links) Regulation 2024 (2024-438) – published LW 30 August 2024
Explosives Regulation 2024 (2024-439) – published LW 30 August 2024
Film and Television Industry (Advisory Committee) Regulation 2024 (2024-440) – published LW 30 August 2024
Gaming and Liquor Administration Regulation 2024 (2024-441) – published LW 30 August 2024
Paintball Regulation 2024 (2024-442) – published LW 30 August 2024
Payroll Tax Regulation 2024 (2024-443) – published LW 30 August 2024
Photo Card Regulation 2024 (2024-444) – published LW 30 August 2024
Private Health Facilities Regulation 2024 (2024-445) – published LW 30 August 2024
Racing Appeals Tribunal Regulation 2024 (2024-446) – published LW 30 August 2024
Subordinate Legislation (Postponement of Repeal) Order (No 2) 2024 (2024-447) – published LW 30 August 2024
Environmental Planning Instruments
Armidale Regional Local Environmental Plan 2012 (Map Amendment No 3) (2024-448) – published LW 30 August 2024
Cessnock Local Environmental Plan 2011 (Amendment No 43) (2024-449) – published LW 30 August 2024
Fairfield Local Environmental Plan 2013 (Map Amendment No 9) (2024-450) – published LW 30 August 2024
Gunnedah Local Environmental Plan 2012 (Map Amendment No 3) (2024-451) – published LW 30 August 2024
Inner West Local Environmental Plan Amendment (Electric Vehicle Charging Units) 2024 (2024-452) – published LW 30 August 2024
Murray Local Environmental Plan 2011 (Amendment No 17) (2024-453) – published LW 30 August 2024
Orange Local Environmental Plan 2011 (Map Amendment No 8) (2024-454) – published LW 30 August 2024
Port Stephens Local Environmental Plan 2013 (Amendment No 44) (2024-455) – published LW 30 August 2024
Bayside Local Environmental Plan 2021 (Map Amendment No 5) (2024-459) – published LW 6 September 2024
Bega Valley Local Environmental Plan 2013 (Map Amendment No 8) (2024-460) – published LW 6 September 2024
Camden Local Environmental Plan 2010 (Amendment No 54) (2024-461) – published LW 6 September 2024
Central Coast Local Environmental Plan 2022 (Amendment No 7) (2024-462) – published LW 6 September 2024
Gunnedah Local Environmental Plan 2012 (Map Amendment No 2) (2024-463) – published LW 6 September 2024
Hawkesbury Local Environmental Plan 2012 (Amendment No 36) (2024-464) – published LW 6 September 2024
Ku-ring-gai Local Environmental Plan 2015 (Map Amendment No 5) (2024-465) – published LW 6 September 2024
Mid-Western Regional Local Environmental Plan 2012 (Map Amendment No 10) (2024-466) – published LW 6 September 2024
Sutherland Shire Local Environmental Plan 2015 (Map Amendment No 4) (2024-467) – published LW 6 September 2024
Tweed Local Environmental Plan 2014 (Map Amendment No 2) (2024-468) – published LW 6 September 2024
Wentworth Local Environmental Plan 2011 (Map Amendment No 8) (2024-469) – published LW 6 September 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.