In the media
Freight Policy Reform Program
The NSW government has introduced the Freight Policy
Reform Program will ultimately deliver a comprehensive strategic
reform agenda and action plan to optimise freight transport in NSW.
This reform program will involve policy reviews relating to
different parts of the freight system, particularly in relation to
road, rail and ports. Read more here.
Federal bulk-billing push being 'killed off' by
states increasing tax take on GP clinics, doctors warn
The federal government's $3.5 billion attempt to
revive bulk billing rates is being "killed off" by states
pocketing the money instead, doctors have warned. The government in
November tripled the payment GPs receive to bulk bill patients in
an effort to reverse falling rates of bulk billing – where
practices accept a fee from Medicare as full payment and charge
nothing to patients (22 April 2024). Read more here.
NSW Government package to support workers and shop
owners at Westfield Bondi Junction
The NSW Government is providing a package of workplace
resources for workers and businesses at Westfield Bondi Junction.
The NSW Government has been in constant contact with Westfield
management as well as the Australian Retailers Association and the
retail worker's union (SDA) to help ensure support is
responsive and coordinated (19 April 2024). Read more here.
Fresh focus for our regions
The NSW Government has today announced changes to the way
the Government will serve regional communities, with an enhanced
focus on protecting biosecurity, supporting agriculture, fisheries,
forestry and mining as well as broader regional development. From 1
July 2024, the Department of Regional NSW will be re-named the NSW
Department of Primary Industries and Regional Development. This
reflects the twin objectives of growing our primary industries
through greater focus on extension services, research and
development and supporting regional economic development. NSW
Premier Chris Minns states that "these changes are an
important reflection of the NSW Government's commitment to
supporting regional communities to thrive" (19 April 2024).
Read more here.
Experience tourism at the centre of visitor economy
growth strategy
NSW is leading Australia's post-pandemic visitor
economy rebound, surpassing $50 billion in visitor expenditure for
the first time in history in the year ending December 2023. The NSW
Government has ambitious plans to drive that economic growth to
even greater heights. To unlock our state's full potential, the
Visitor Economy Strategy 2030 is being reviewed and evolving to
showcase the best of NSW to the world by focussing on the diverse
experiences on offer for visitors (19 April 2024). Read more here.
In the courts and practice
Inaugural appointees to the restored Industrial Court of
NSW
The NSW Government has endorsed three highly experienced
barristers as appointees to the new Industrial Court of NSW. The
Industrial Court, established last year by the Industrial Relations
Amendment Act 2023, will be the specialised venue for industrial
relations in NSW, resolving industrial disputes, and dealing with
work health and safety matters. Ingmar Taylor SC, a nationally
recognised expert in employment law and work health and safety,
will be appointed President of the IRC and a judge of the
Industrial Court. David Chin SC, a specialist in work health and
safety, industrial, employment and discrimination law, who
co-authored The Modern Contract of Employment, will be the
IRC's Vice-President and a judge of the Industrial Court. Jane
Paingakulam, who has practiced primarily in criminal law and
provided advice to government agencies on public sector issues,
will be the IRC's Deputy President and a judge of the
Industrial Court. The three will now be formally recommended to the
Governor for appointment (18 April 2024). Read more here.
AAT Bulletin No. 08/2024
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. The Bulletin also regularly includes a sample of
decisions recently published in the AAT's Migration &
Refugee Division and Social Services & Child Support Division.
It occasionally includes information on legislative changes that
affect the AAT (22 April 2024). Read more here.
Publications
Have your say – Freight Policy Reform
Program
The NSW government has published a Consultation Paper on
the Freight Policy Reform Program, which outlining the freight task
in NSW at present, the key drivers of change, strategic policy
issues for consideration and poses questions for stakeholder input.
Submissions on the Consultation Paper are open until 31 May 2024
and will be considered to inform and shape the Freight Policy
Reform Program (18 April 2024). Read the consultation paper here. Access the media release and survey here.
Have your say – NSW Visitor Economy Strategy
Review
The NSW Government is reviewing the NSW Visitor Economy
Strategy to reflect the Government's focus on experience
tourism and to create alignment with the new Arts, Culture and
Creative Industries Policy and other whole-of-government policies
and programs. They are inviting visitor economy stakeholders to
contribute their insights and ideas to the review (22 April 2024).
Read the NSW Visitor Economy Strategy. Access the
survey here.
Have your say – Review of the Crimes Act
1900
The Department of Communities and Justice is seeking
feedback on the statutory review of Part 4AF of the Crimes Act
1900. The department is seeking submissions on whether the policy
objectives of Part 4AF of the Crimes Act 1900 remain valid, and
whether the terms of Part 4AF of the Crimes Act 1900 remain
appropriate for securing those objectives. The department will also
be considering the impact of the NSW Supreme Court's decision
in Kvelde v State of New South Wales [2023]
NSWSC 1560 on section 214A. Access methods for submission here.
Cases
Lin v Commissioner of Victims Rights
[2024] NSWSC 423
STATUTORY INTERPRETATION – application to set aside
restitution order made under s 59(2)(b) of the Victims
Rights and Support Act 2013 (NSW) – whether proceedings
in which plaintiff was convicted and sentenced for assault were
civil or criminal – section 3 of the Civil
Procedure Act 2005 (NSW) – definition of "civil
proceedings" – definition of "criminal
proceedings" – proceedings were correctly characterised
as criminal – challenged order cannot be set aside –
proceedings dismissed.
Civil
Procedure Act 2005 (NSW), s 3; Crimes Act 1900 (NSW), s 59; Crimes (Sentencing Procedure) Act 1999 (NSW),
ss 3-5, 9-10; Victims Rights and Support Act 2013 (NSW), ss
4, 17, 20, 23, 54, 57, 59.
Jeray v Blue Mountains City Council [2024]
NSWCATAP 66
CIVIL PROCEDURE – leave sought to appeal from interlocutory
decisions – procedural fairness – scope of duty of
Tribunal to assist self-represented party.
Civil and
Administrative Tribunal Act 2013 (NSW); Government
Information (Public Access) Act 2009 (NSW).
Goldmate Property Luddenham No. 1 Pty Ltd v
Transport for NSW [2024] NSWLEC 39
COMPULSORY ACQUISITION – objection to compensation for
compulsory acquisition pursuant to s 66 of Land Acquisition (Just Terms Compensation) Act
1991 – determination of public purpose within s 56(1)(a)
– relevant purpose broadly construed to include the Western
Sydney Infrastructure Plan, the Western Sydney Airport and
attendant economic opportunities – rezoning of land integral
to public purpose – statutory disregard pursuant to s
56(1)(a) – determination of market value of land –
compensation for injurious affection – claim for disturbance
– costs.
Land
Acquisition (Just Terms Compensation) Act 1991 (NSW); Land and
Environment Court Act 1979 (NSW); Roads Act
1993 (NSW).
Contara Pty Ltd v Sydney Metro; Alogdellis v
Sydney Metro [2024] NSWLEC 38
CIVIL PROCEDURE – application to set aside subpoenas to
produce documents – subpoenas lacking legitimate forensic
purpose – oppression.
Land
Acquisition (Just Terms Compensation) Act 1991 (NSW), ss 54, 55; Supreme Court Rules 1970 (NSW), Pt 37 r 9 (repealed); Uniform Civil
Procedure Rules 2005 (NSW), rr 33.4, 33.11.
Westview Business Park Pty Ltd v Valuer-General
of New South Wales [2024] NSWLEC 37
VALUATION – valuer – comparable sales – appeal
against determination by Valuer – general of land value
– appeal dismissed.
Dubbo
Regional Local Environmental Plan 2022; Uniform Civil
Procedure Rules 2005 (NSW), Pt 31, Div 2, r 31.26; Valuation of Land Act 1916 (NSW), ss 6A, 37.
FZU v University of NSW [2024] NSWCATAD
99
ADMINISTRATIVE REVIEW – Privacy and Personal Information
Protection Act – jurisdiction only to review conduct which is
subject of internal review application – meaning of
"collection" – meaning of "use" –
whether information used for a purpose directly related to the
purpose for which it was collected – whether information
disclosed for a purpose which is directly related to the purpose
for which it was collected.
Administrative Decisions Review Act 1997 (NSW); Civil and
Administrative Tribunal Act 2013 (NSW); Privacy and Personal
Information Protection Act 1998 (NSW).
Dasari v Commissioner of Police, NSW Police
Force (No 2) [2024] NSWCATAD 101
ADMINISTRATIVE LAW – administrative review – Government
information – whether the Tribunal should exercise a
discretion to make non-publication orders that were not sought
prior to the determination of the application for administrative
review.
Civil and Administrative Tribunal Act 2013 (NSW); Civil and
Administrative Tribunal Rules 2014 (NSW); Government Information
(Public Access) Act 2009 (NSW); Health Records and Information
Privacy Act 2002 (NSW); Privacy and Personal Information Protection
Act 1998 (NSW).
Legislation
Regulation and other miscellaneous instruments;
and
Public Holidays Amendment (Lismore City Council)
Order 2024 (2024-127) – published LW 19 April 2024
Environmental Planning Instruments
Broken Hill Local Environmental Plan 2013 (Map
Amendment No 1) (2024-122) LW 12 April 2024
Hornsby Local Environmental Plan 2013 (Amendment No
14) (2024-123) LW 12 April 2024
Maitland Local Environmental Plan 2011 (Amendment
No 36) (2024-124) LW 12 April 2024
Wollondilly Local Environmental Plan 2011 (Map
Amendment No 9) (2024-125) LW 12 April 2024
Oberon Local Environmental Plan 2013 (Amendment No
7) (2024-130) LW 19 April 2024
Lismore Local Environmental Plan Amendment
(Emergency Work and Repairs) 2024 (2024-129) LW 19 April
2024
Lake Macquarie Local Environmental Plan 2014 (Map
Amendment No 11) (2024-128) LW 19 April 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.