In the media
Plea for toll charges to be slashed on M5 as trucks use
local roads, inquiry hears
The NSW parliamentary inquiry is looking at the impact of
Sydney's growing toll road network and today heard from Bexley
business owners and residents (24 May 2022). More...
NSW government announces subsidy for waterlogged North
Coast timber industry
The state government has announced a $10 million subsidy
to help the flood-ravaged timber industry in northern NSW stay
afloat. The subsidy, $30 per tonne of timber, is designed to ease
the cost of transporting timber (24 May 2022). More...
ICAC finds former RMS manager corrupt for awarding over
$12.2 million in work to benefit friends and himself
The NSW Independent Commission Against Corruption (ICAC)
has found that a former manager of the then-Roads and Maritime
Services (RMS) engaged in serious corrupt conduct through the
awarding of over $12.2 million in work to two companies owned by
his friends and manipulating processes to favour and benefit those
businesses and himself (20 May 2022). More...
Questions hang over funding for major Great Western
Highway tunnel through Blue Mountains
The New South Wales government is accused of jumping the
gun by announcing Australia's longest road tunnel through the
Blue Mountains without locking in all the funding (20 May 2022). More...
New train fleet could be on the tracks within months
after NSW government and rail unions talks
The NSW government will consider making modifications to
its new intercity fleet, in what would be a significant backdown
from a long standoff with rail unions over safety concerns with the
multibillion-dollar trains (20 May 2022). More...
NSW parliamentary inquiry supports return of warning
signs before mobile speed cameras
Calls to bring back warning signs ahead of mobile speed
cameras have been bolstered by the findings of a comprehensive NSW
parliament inquiry (20 May 2022). More...
Schools in NSW trialling extended hours
The New South Wales government is trialling extended
school hours. Eight schools are participating in the trial aimed to
suit the needs of parents and students. The extended school hours
aim to offer greater support to working parents managing their
commitments (18 May 2022). More...
Sole support service for Blue Mountains Indigenous
community facing closure after NSW government warns of
eviction
The only support service for Indigenous people in the Blue
Mountains is facing an uncertain future after being told
they're being evicted from their premises by the NSW government
(16 May 2022). More...
Major milestone for fee-free training in NSW
NSW is enjoying a fee-free training boom with more than
200,000 enrolments recorded under JobTrainer, a program helping
people get skilled for in-demand jobs (16 May 2022). More...
Practice and courts
Commonwealth
AAT Bulletin Issue No. 8/2022 9 May 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 20 May 2022. Read more here.
Published - articles, papers and reports
Days away from lightweight bag ban
Marking a major pivot away from single-use plastics, the
NSW Government's ban on lightweight plastic bags will come into
force next week (23 May 2022). Read more here.
Options available to the NSW House of Parliament
regarding the withholding of remuneration and other entitlements of
a Member suspended from the service of the House
The Legislative Assembly Standing Committee on
Parliamentary Privilege and Ethics has inquired into the options
available to the House regarding the withholding of remuneration
and other entitlements of a Member suspended from the service of
the House, in accordance with the referral made to it by the House
on 31 March 2022 (18 May 2022). Read more here.
Mobile speed camera enforcement programs in NSW
The Committee hopes that the recommendations in this
report ultimately strengthen community support for the mobile speed
camera program so that, together with other speed management
measures, increased safety can be achieved across the whole road
network (18 May 2022). Read the report here.
$30 million for disaster risk reduction
Grants of between $50,000 and $1.5 million are available
to councils to help mitigate and manage the risks of future natural
disasters. The Disaster Risk Reduction Fund is jointly funded by
NSW and Australian governments and is targeted at locally led
initiatives to keep communities safe (16 May 2022). Read more here.
Cases
FlyBlue Management Pty Ltd v NSW Crown
Lands Department (Department of Planning and
Environment) [2022] NSWCATAD
167
ADMINISTRATIVE LAW - freedom of information - government
information public access - public interest considerations -
Government Information (Public Access) Act 2009 (NSW).
Administrative Decisions Review Act (NSW) 1997; Civil and
Administrative Tribunal Act 2013; Evidence Act (NSW) 1995;
Government Information (Public Access) Act 2009.
Peel v Commissioner of
Police [2022] NSWCATAD 162
LICENSING - firearms - licence refusal - public interest - public
safety;
Administrative Decisions Review Act 1997 (NSW); Civil and
Administrative Tribunal Act 2013 (NSW); Firearms Act 1996
(NSW).
Hannam v State of New South Wales (No
9) [2022] NSWSC 648
TORTS - Trespass to the person - Assault - whether police conduct
caused plaintiff to fear police and attempt to flee; TORTS -
Trespass to the person - whether Civil Liability Act 2002 (NSW)
excluded by operation of s 3B(1)(a) - where intent was to cause
injury not subject of claim; TORTS - Trespass to the person -
Battery - Defences - whether actions constituting battery were
lawful under various statutes - Crimes Act 1900 (NSW), Law
Enforcement (Powers and Responsibilities) Act 2002 (NSW), Mental
Health Act 2007 (NSW), Police Act 1990 (NSW) - where actions
permitted under statute - where defences made out; TORTS - Trespass
to the person - Battery - Defences - defences under Civil Liability
Act 2002 (NSW) - intoxication, no award to criminals, self-defence;
NEGLIGENCE - Duty of care - where no duty owed by defendant toward
plaintiff; NEGLIGENCE - Defences - Illegality - use of illicit
substances; NEGLIGENCE - Defences - Intoxication - illicit
substance; NEGLIGENCE - Defences - Self-defence - where defendant
attempting to protect plaintiff, bystanders and police; NEGLIGENCE
- Defences - Voluntary assumption of risk - use of illicit
substances; DAMAGES - where plaintiff self-employed tradesperson -
where no evidence of past earnings or typical earnings - where
plaintiff's proposed use of average weekly earnings unsuitable;
DAMAGES - where plaintiff sought aggravated and exemplary damages -
where award excluded by Civil Liability Act 2002 (NSW), s 21 -
where award not justified in any event even if not statute
barred;
Civil Liability Act 2002 (NSW), ss 3B, 5, 5L, 5O, 5R, 13, 16, 18,
21, 47, 48, 50, 52, 54; Civil Liability (Non-economic Loss)
Amendment Order 2021 (NSW); Crimes Act 1900 (NSW), ss 31A, 574B;
Drug Misuse and Trafficking Act 1985 (NSW), s 12; Evidence Act 1995
(NSW), s 69; Law Enforcement (Powers and Responsibilities) Act 2002
(NSW), s 230; Law Reform (Vicarious Liability) Act 1983 (NSW), s
9B(2); Mental Health Act 2007 (NSW), ss 22, 81; Police Act 1990
(NSW), s 6; Uniform Civil Procedure Rules 2005 (NSW), r 42.1.
Secretary, Department of Planning and
Environment v Sell & Parker Pty Ltd
[2022] NSWLEC 60
ENVIRONMENTAL OFFENCES: offender charged with two offences of
contravening ss 76A(1)(b) and 125(1) of the Environmental Planning
and Assessment Act 1979 - determination of appropriate sentences -
sentencing principles - extent of environmental harm caused by the
commission of the offences - state of mind of the offender at the
time of the commission of the offences - whether the defendant held
a genuine and reasonable belief that the prosecutor had exercised
its discretion not to prosecute and that it was entitled to
continue to offend - De Simoni principle - objective seriousness of
the commission of the offences - whether contrition and remorse
demonstrated - specific and general deterrence warranted -
comparable cases - application of the totality principle -
defendant convicted and fined in respect of both offences - order
for moiety made - publication order made;
Blacktown Local Environmental Plan 2015, cl 2.1; Crimes (Sentencing
Procedure) Act 1999, ss 3A, 21A(2), 21A(3), 22, 23; Criminal
Procedure Act 1986, ss 257B, 257G; Environmental Planning and
Assessment Act 1979, ss 5, 76A(1), 119J, 119K(3), 121B, 125, 125A,
125B, 126(2A); Fines Act 1996, ss 6, 122; Protection of the
Environment Operations Act 1997, ss 64(1), 250(1)(a).
DTN v Commissioner of
Police [2022] NSWCATAD 158
PRIVACY - personal information - health information - s4(3)(j)
Privacy and Personal Information Act 1998 - s5(3)(m) Health Records
and Information Privacy Act 2002 - information or opinion about an
individual's suitability for appointment or employment as a
public sector official;
Administrative Decisions Review Act 1997; Civil and Administrative
Tribunal Act 2013 (NSW); Health Records and Information Privacy Act
2002 (NSW); Privacy and Personal Information Act 1998 (NSW).
Canterbury-Bankstown Council v Payce
Communities Pty Ltd [2022] NSWCA
74
BUILDING AND CONSTRUCTION - contract - whether claimed variations
within contractual scope of work - builder's margin - GST - no
question of principle;
Building and Construction Industry Security of Payment Act 1999
(NSW), s 32(3)(b); Disability Discrimination Act 1992 (Cth), s
23.
SafeWork NSW v Saunders Civilbuild Pty
Ltd (No 2) [2022] NSWDC
163
CRIME - prosecution - work health and safety - duty of persons
undertaking business - duty of employers - risk of death or serious
injury - death of worker; SENTENCING - objective seriousness -
deterrence - aggravating factors - mitigating factors - adverse
publicity order - good prospects of rehabilitation - remorse;
Crimes (Sentencing Procedure) Act 1999; Evidence Act 1995; Work
Health and Safety Act 2011.
Reid v NSW Land and Housing
Corporation [2022] NSWCATAP
166
LEASES AND TENANCIES - withdrawal of services, goods or facilities
under s 44 of the Residential Tenancies Act 2010 (NSW) - damages
for breach of covenant for quiet enjoyment;
Civil and Administrative Tribunal Act 2013 (NSW); Residential
Tenancies Act 2010 (NSW).
King v NSW Land and Housing
Corporation [2022] NSWCATAP
165
LEASES AND TENANCIES - Residential Tenancies Act 2010 (NSW) -Social
housing tenancy - Application for termination order- breach of
conditions - cause or permit nuisance, interfere or permit
interference with reasonable peace, comfort, privacy of neighbours
- where Tribunal applied section 87 to make termination order -
question of law - mandatory considerations - personal circumstances
of and effect of order on tenant - where potential effects of
eviction included destabilisation of tenant's physical and
mental health, relapse of diagnosed psychotic symptoms;
Civil and Administrative Tribunal Act 2013 (NSW); section 80 (2),
Sch 4 cl 12 (1); Residential Tenancies Act 1987 (NSW) s 63;
Residential Tenancies Act 2010 (NSW); ss 87(4) & (5), 154E.
Smith v Secretary, Regional NSW on
behalf of Greater Sydney Local Land Services
[2022] NSWIRComm 1035
EMPLOYMENT AND INDUSTRIAL LAW - Industrial Relations Commission -
Procedure and powers - motion to set aside summons to produce -
relevant principles - personal information;
Industrial Relations Act 1996 (NSW).
EHW v Secretary, Department of
Education [2022] NSWCATAD
140
ADMINISTRATIVE REVIEW - government information (public access) -
conclusive presumption against disclosure - privileged
communications - care and protection of children - public interest
in favour of disclosure - personal information - information
concerning applicant's children - public interest against
disclosure - disclosure that may prejudice the agency's
functions - disclosure that may reveal personal information -
disclosure that may expose a person to risk of harm, serious
harassment or intimidation - where disclosure not in the best
interests of a child - information protection principle and meaning
of public disclosure - balancing of public interests - public
interest test - overriding public interest against disclosure -
agency's discretion to refuse to deal with access application -
information previously produced under subpoena - unreasonable and
substantial diversion of resources;
Administrative Decisions Review Act 1997 (NSW); Children and Young
Persons (Care and Protection) Act 1998 (NSW); Civil and
Administrative Tribunal Act 2013 (NSW); Government Information
(Public Access) Act 2009 (NSW); Health Records and Information
Privacy Act 2002 (NSW); Inclosed Lands Protection Act 1901 (NSW);
Privacy and Personal Information Protection Act 1998 (NSW).
Environment Protection Authority v
Eastern Creek Operations Pty Limited [2022]
NSWCCA 97
CRIMINAL PROCEDURE - prosecution for non-compliance with statutory
notice - ruling that notice invalid - classification of ruling as
interlocutory or final - whether leave to appeal could be granted
under s 5F Criminal Procedure Act 1986 (NSW); ENVIRONMENT -
validity of notice purportedly issued under s 191 Protection of the
Environment Operations Act 1997 (NSW) requiring addressee to
furnish information - whether the notice sufficiently identified
the material required to be produced and whether it showed that the
addressor was entitled to require that production; COURTS AND
JUDGES - jurisdiction - whether a judge presiding over a
preliminary hearing convened in accordance with the case management
provisions in the Criminal Procedure Act 1986 (NSW) has the power
to summarily dismiss a summary prosecution prior to final
hearing;
Crimes (Appeal and Review) Act 2001 (NSW), s 107; Criminal Appeal
Act 1912 (NSW), ss 5AE, 5C, 5F; Criminal Procedure Act 1986 (NSW),
ss 139(5), 202, 247A, 247B, 247C, 247G, 247W, 249-252; Criminal
Procedure Amendment (Summary Proceedings Case Management) Act 2012
(NSW); Evidence Act 1995 (NSW), ss 13, 18, 138; Income Tax
Assessment Act 1936 (Cth), s 264; Interpretation Act 1987 (NSW), ss
13A, 35; Land and Environment Court Act 1979 (NSW), ss 22, 23; Land
and Environment Court Rules 2007 (NSW), r 5; Protection of the
Environment Administration Act 1991 (NSW), ss 5, 6, 7, 8, 9, 29,
30; Protection of the Environment Operations Act 1997 (NSW), ss 3,
48, 184, 191, 193, 194, 195, 211, Sch 1; Protection of the
Environment Operations (Waste) Regulation 2014 (NSW), cll 91 to 96;
Supreme Court Rules 1970 (NSW), r 11B; Supreme Court (Summary
Jurisdiction) Act 1967 (NSW); Trade Practices Act 1974 (Cth), s
155.
Douglas v Commissioner of
Police [2022] NSWCATAD 152
ADMINISTRATIVE LAW - administrative review - Government Information
- confidential information - refusal to confirm or deny that
information held;
Administrative Decisions Review Act 1997; Civil and Administrative
Tribunal Act 2013; Government Information (Public Access) Act 2009;
Police Act 1990.
Legislation
NSW
Proclamations commencing Acts
COVID-19 and Other Legislation Amendment
(Regulatory Reforms) Act 2022 No 5 LW 13 May 2022
Crimes Legislation Amendment (Sexual Consent
Reforms) Act 2021 No 43 LW 13 May 2022
Regulations and other miscellaneous instruments
Public Health Amendment (COVID-19 Air and Maritime
Arrivals) Regulation 2022 LW 24 May 2022
Conveyancing (General) Amendment (AusNet
Transmission Group Pty Ltd) Regulation 2022 LW 20 May
2022
Final Determination (2022-223) - published LW
20 May 2022
Government Sector Finance Amendment (Annual
Reporting Requirements) Regulation 2022 LW 20 May 2022
Property NSW Amendment (Transfer of Property)
Order 2022 LW 20 May 2022
Protection of the Environment Operations (Waste)
Amendment Regulation 2022 LW 20 May 2022
Public Health Amendment (Scheduled Medical
Conditions and Notifiable Diseases) Order 2022 LW 20 May
2022
Referable Debt Order LW 20 May 2022
Road Transport (General) Amendment Regulation
2022 LW 20 May 2022
Water Sharing Plan for the NSW Murray Darling
Basin Fractured Rock Groundwater Sources Amendment Order 2022
LW 20 May 2022
Growth Centres (Development Corporations)
Amendment (Northern Rivers Reconstruction Corporation) Order
2022 LW 13 May 2022
Harvestable Rights (central inland-draining
catchments) Order 2022 LW 13 May 2022
Harvestable Rights (coastal-draining catchments)
Order 2022 LW 13 May 2022
Local Government (General) Amendment (Temporary
Emergency Accommodation) Regulation 2022 LW 13 May 2022
Local Land Services Amendment Regulation 2022
LW 13 May 2022
Long Service Leave Amendment (Regulatory Reform)
Regulation 2022 LW 13 May 2022
Rural Fires Regulation 2022 LW 13 May 2022
Environmental Planning Instruments
Ballina Local Environmental Plan 2012 (Map
Amendment No 5) LW 20 May 2022
Clarence Valley Local Environmental Plan 2011 (Map
Amendment No 2) LW 20 May 2022
Inverell Local Environmental Plan 2012 (Map
Amendment No 1) LW 20 May 2022
Liverpool Local Environmental Plan 2008 (Amendment
No 94) LW 20 May 2022
Orange Local Environmental Plan 2011 (Map Amendment
No 4) LW 20 May 2022
Parramatta Local Environmental Plan 2011 (Amendment
No 61) LW 20 May 2022
Port Stephens Local Environmental Plan 2013 (Map
Amendment No 3) LW 20 May 2022
Port Stephens Local Environmental Plan 2013 (Map
Amendment No 4) LW 20 May 2022
Tamworth Regional Local Environmental Plan 2010
(Amendment No 23) LW 20 May 2022
Wingecarribee Local Environmental Plan 2010 (Map
Amendment No 4) LW 20 May 2022
Yass Valley Local Environmental Plan 2013 (Map
Amendment No 3) LW 20 May 2022
Blue Mountains Local Environmental Plan 2015
(Amendment No 14) LW 13 May 2022
Gosford Local Environmental Plan 2014 (Map
Amendment No 1) LW 13 May 2022
Ku-ring-gai Local Environmental Plan 2015 (Map
Amendment No 2) LW 13 May 2022
Liverpool Local Environmental Plan 2008 (Map
Amendment No 3) LW 13 May 2022
Tweed Local Environmental Plan 2014 (Amendment No
35) LW 13 May 2022
Willoughby Local Environmental Plan 2012 (Amendment
No 23) LW 13 May 2022
Bills introduced
Child Protection (Working with Children) Amendment Bill
2022
Children's Guardian Amendment Bill 2022
Disability Inclusion Amendment Bill 2022
Statute Law (Miscellaneous Provisions) Bill 2022
Animal Research Amendment (Right to Release) Bill 2022
Water Management Amendment (Floodplain Harvesting Licences
Compensation) Bill 2022
Dingo Cultural Heritage and Protection Bill 2022
Environmental Planning and Assessment Amendment (Climate Change
Response) Bill 2022
Bills revised following amendment in Committee
Mining and Petroleum Legislation Amendment Bill 2022
State Insurance and Care Legislation Amendment Bill 2022
Voluntary Assisted Dying Bill 2022
Public Health Amendment (Registered Nurses in Nursing Homes) Bill
2022
State Revenue and Fines Legislation Amendment (Miscellaneous) Bill
2022
Bills passed by both Houses of Parliament
Firearms Legislation Amendment Bill 2022
Government Telecommunications Amendment Bill 2022
Mining and Petroleum Legislation Amendment Bill 2022
RSL NSW Amendment Bill 2022
Voluntary Assisted Dying Bill 2022
Electronic Conveyancing (Adoption of National Law) Amendment Bill
2022
Racing and Gambling Legislation Amendment Bill 2022
State Revenue and Fines Legislation Amendment (Miscellaneous) Bill
2022
Work Health and Safety (Mines and Petroleum Sites) Amendment Bill
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.