In the media
NSW teachers offered highest wage increase since
1990s
NSW teachers will become the best paid in the country,
under a proposed pay deal offered by the state government. The deal
will see an increase of almost $10,000 for first-year teachers and
raise the maximum salary by almost $9,000 to around $122,100 (5
September 2023). Read more
here.
NSW government to work with Origin Energy to extend the
life of Australia's largest coal-power plant
Despite Origin Energy decelerating in February 2022 that
it planned to close Eraring power plant in August 2025, the Minns
government has entered negotiations with the owner to temporarily
extend its operating life (5 September 2023). Read more
here.
Powerhouse museum set to get a more "modest"
rebuild than planned under the former state Coalition
government
New South Wales Arts Minister John Graham has rejected
suggestions they have broken an election promise over plans for the
Powerhouse Museum in Sydney. The $500 million allocated to rebuild
the Powerhouse Museum has been cut in half with the $250 million to
be used to give the museum a "heritage revitalisation"
instead of knocking it down. The remainder will go towards building
schools and hospitals (2 September 2023). Read more
here.
NSW Planning Minister told 'zero' chance of
addressing housing crisis, urged to adopt AI technology
NSW Planning Minister, Paul Scully, has been told he has
"zero per cent" chance of meeting supply to tackle
NSW's housing crisis unless the Government and sector
immediately adopt AI technology. Mr Steve Cassells, an engineering
lead for engineering technology firm Neuron, states existing AI
technology is already available to address risk mitigation, design
generation and rendering, needed to provide "early feedback on
proposed developments" and avoid wasted time and money (3
September 2023). Read more
here.
Inquiry deems Transgrid's HumeLink energy
transmission project will remain above ground
The NSW Government is forging ahead with plans to build
overhead power lines across the state after the Standing Committee
on State Development into the feasibility of undergrounding
high-voltage transmission lines determined putting them underground
would be too costly, and put the energy grid under pressure (31
August 2023). Read more
here.
ICAC cleared of maladministration over investigation
into Gladys Berejiklian
The Independent Commission Against Corruption
(ICAC) faced criticism over taking almost two
years to complete its report into Ms Berejiklian. However, Gail
Furness SC, the independent Inspector, said she was satisfied there
was no misconduct or maladministration. However, the report stated
ICAC must prioritise reducing the time taken to report to
parliament (30 August 2023). Read more
here.
NSW Premier announces plan to build residential
development with 97 homes on former site of Bega TAFE
The NSW Government has announced it will transform a
disused TAFE college on the state's far south coast into
97 dwellings. 24 dwellings will be set aside for social
housing, and eight will be assigned as affordable housing (29
August 2023). Read more
here.
Local councils divided after government report
identifies cost-effective suburbs for new infrastructure
The report from the NSW Productivity Commission published
a report on 28 August 2023 that found the costs of infrastructure
to support new homes are lowest in the CBD, parts of the Lower
North Shore, Eastern Suburbs and Inner West (28 August 2023). Read
more
here.
Publications
State's 95,000 teachers on track for historic pay
rise
The Minns Labor Government is on track to make the
state's 95,000 public school teachers the best paid in the
country which will help tackle the teacher shortage crisis after
positive discussions with the teachers' union. The four-year
agreement will see the starting salary for a NSW teacher increase
from $75,791 to $85,000 and the salary for top of the scale
teachers increase from $113,042 to $122,100 (5 September 2023).
Read more
here.
NSW Government rescues the Energy Roadmap to deliver the
transition to renewables
The NSW Government has released its strategy to secure the
reliable supply of clean and affordable renewable energy for NSW.
The Government's response to the Electricity Supply and
Reliability Check UP commits to a whole-of-government effort to
deliver the energy transition. Read the
Electricity Supply and Reliability Check Up and the
NSW Government response
here. Read the media release
here.
Getting accreditation right so teachers can focus on
teaching
From November, teachers will only need to declare to the
NSW Education Standards Authority that they have completed the
required professional development aligned to the Australian
Professional Standards for Teachers, rather than principals signing
off on teacher's practice every five years (30 August 2023).
Read more
here.
Practice and courts
AAT Bulletin Issue No. 17/2023
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 Cases (28 August 2023). Read more
here.
Cases
Commissioner of Police, NSW Police Force v
Claydon [2023] NSWSC 1041
ADMINISTRATIVE LAW – application for judicial review –
decision under review from the Local Court – initial decision
by NSWPF issuing immediate licence suspension notice – appeal
to Local Court – Local Court imposed a conditional licence
suspension – supervisory jurisdiction – parties'
consent to quashing the Local Court decision – public
interest in the Court being satisfied that there is error
justifying the relief sought and providing reasons for judgment
– whether Local Court's error was an error of law on the
face of the record – finding that the immediate licence
suspension notice was invalid disposing of the judicial review
application – in any case, the Local Court had no
jurisdiction to partially suspend the defendant's licence
– that was an error of law on the face of the record and a
jurisdictional error.
Fines Act 1996 (NSW) s 66; Road Transport Act 2013 (NSW) ss 27, 54,
61D, 115, 175, 224, 225, 267, 268, 270; Road Transport (Driver
Licencing) Regulation 2017; Supreme Court Act 1970 (NSW) s 69;
Uniform Civil Procedure Rules 2005 (NSW) rr 36.1, 36.1A.
Azzi v State of New South Wales
[2023] NSWSC 1028
ADMINISTRATIVE LAW – termination of employment for failure to
follow direction – whether this amounted to
"misconduct" – jurisdictional error – whether
employee denied procedural fairness – whether decision to
terminate employment was delegated to an unauthorised delegate
– Carltona principle
– whether directions were lawful and reasonable – legal
unreasonableness.
Anti-Discrimination Act 1997 (NSW), s 25; Civil Procedure Act 2005
(NSW), Part 6; Crimes Act 1900 (NSW), s 43; Government Sector
Employment (General) Rules 2014 (NSW), rr 4, 38, 39, 40, 42;
Government Sector Employment Act 2013 (NSW), ss 7, 26, 27, 41, 58,
69; Work Health and Safety Act 2011 (NSW).
EJX v University of Newcastle
[2023] NSWCATAD 228
PRIVACY AND PERSONAL INFORMATION – whether use for purpose
collected – whether contravention of information privacy
principle.
Administrative Decisions Review Act 1997 (NSW), s 58; Civil and
Administrative Tribunal Act 2013 (NSW), ss 29, 72; Privacy and
Personal Information Protection Act 1998 (NSW), ss 4, 9, 10, 11,
12, 13, 14, 16, 17, 18, 19, 52, 53, 55.
Ferkh v Commissioner of Police, NSW Police
Force [2023] NSWCATAD 231
ADMINISTRATIVE LAW – firearms – firearms prohibition
order – whether person 'not fit, in the public
interest'.
Civil and Administrative Tribunal Act 2013; Administrative
Decisions Review Act 1997; Firearms Act 1996; Weapons Prohibition
Act 1998.
Webb v iCare NSW [2023] NSWCATAD
230
ADMINISTRATIVE LAW – Privacy and Personal Information
Protection Act 1998 (NSW) – ss 5, 18, 25(b) and 26(2) PPIP
Act and s 54 Government Information (Public Access) Act 2009
– ss 25(b) and 26(2) exemptions from compliance with IPP 11
– whether submissions on the ss 25(b) and 26(2) PPIP Act
exemptions potentially applying to a GIPA access applicant (another
person) are relevant.
Administrative Decisions Review Act 1997 (NSW); Civil and
Administrative Tribunal Act 2013 (NSW); Government Information
(Public Access) Act 2009 (NSW); Privacy and Personal Information
Protection Act 1998 (NSW).
Vok v NSW Land and Housing Commission
[2023] NSWCATAP 232
Appeal – social housing – estoppel – error
in application of principles of cause of action estoppel and/or
issue estoppel – re-hearing – compensation awarded for
breach of tenant's right to quiet enjoyment.
Civil and Administrative Tribunal Act 2013 (NSW), ss 36(1), 36(4),
80(2), 81(1), 81(2); Residential Tenancies Act 2010 (NSW), ss
44(1)(b), 44(5), 50(1), 50(2), 52(3), 55, 63(1), 64, 65,
187(1)(d).
Ireland v Commissioner of Police (NSW)
[2023] NSWCATAD 226
ADMINISTRATIVE REVIEW – licensing – firearms –
refusal –public interest – mental illness –
whether risk to public safety.
Administrative Decisions Review Act 1997 (NSW); Civil and
Administrative Tribunal Act 2013 (NSW); Firearms Act 1996 (NSW);
Mental Health Act 2007 (NSW).
Legislation
Environmental planning instruments
Environmental
Planning and Assessment Amendment (Western Harbour Tunnel and
Warringah Freeway Upgrade) Order 2023 (No 498) –
published LW 1 September 2023
Bills passed by both Houses
Revenue, Fines and Other Legislation Amendment Bill 2023
– 24 August 2023
Drug Misuse and Trafficking Amendment (Appointed Persons) Bill
– 24 August 2023
Bills introduced by Government
Motor Dealers and Repairers Amendment Bill 2023 –
introduced LC 24 August 2023
Sydney Olympic Park Authority Amendment (Hill Road Upgrade) Bill
2023 – introduced LC 24 August 2023
Non-Government Bills
Conversion Practices Prohibition Bill 2023 – LA 24 August
2023
Equality Legislation Amendment (LGBTIQA+) Bill 2023 – LA
24 August 2023
Commonwealth
Act compilation
Superannuation
Act 1922 05/09/2023 – Act No. 33 of 1922 as amended
Age
Discrimination Act 2004 01/09/2023 – Act No. 68 of 2004
as amended
Ombudsman
Act 1976 31/08/2023 – Act No. 1081 of 1976 as
amended
Carbon
Credits (Carbon Farming) Initiative 2011 30/08/2023 – Act
No. 101 of 2011 as amended
Crimes
Act 1914 29/08/2023 – Act No 1 of 1914 as amended
Native
Title Act 1993 29/08/2023 – Act No. 1 of 1993 as
amended
Jobs
and Skills Australia Act 2022 29/08/2023 – Act No. 5 of
2022 as amended
Acts
Interpretation Act 1901 25/08/2023 – Act No. 2 of 1901 as
amended
Law
Officers Act 1964 24/08/2023 – Act No. 91 of 1964 as
amended
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.