In the media
NSW government reviews anti-hate speech laws
The New South Wales government is reviewing whether its
anti-hate speech laws need a shake up, in the face of rising
racially-motivated abuse across the state and the country (14
November 2023). Listen here.
Illawarra teenagers elect 'young mayors' in
NSW's first underage democratic vote
Eight students in the NSW Illawarra region taking part in
the Young Mayors program, the first time the program has been run
in NSW. It invites 12 to 17-year-olds to nominate themselves for a
position on a youth forum to share their perspective with
Wollongong City Council (14 November 2023). Read more here.
80 asylum seekers in immigration detention released
after High Court ruling
Eighty asylum seekers being held in immigration detention
were released almost immediately following last week's High
Court ruling that they were being kept unlawfully
(13 November 2023). Read more here.
NSW SES gets first fleet of new rescue boats, vehicles
with flood prone areas top of delivery list
The first new rescue boats for the State Emergency Service
(SES) have been deployed in NSW, boosting the organisation's
capacity to save people from floods. The service has bought an
extra 142 boats, rafts, trucks, cars and trailers in response to
recommendations from the flood inquiry last year (12 November
2023). Read more here.
Senate inquiry backs more buybacks, greater scrutiny of
water-saving projects for Murray-Darling Basin bill
A Senate inquiry into the federal government's
proposed changes to the Murray-Darling Basin Plan has supported the
legislation but recommended amendments that boost the plan's
transparency and accountability. The bill extends the deadline for
state-run projects that offset environmental water recovery from
the basin's irrigators by using engineering works to deliver
the same environmental outcomes, and allows more time to recover
the additional 450 gigalitres of environmental water (10 November
2023). Read more here.
NSW minister questions whether Kiama Municipal Council
has undertaken 'fire sale' of assets
New South Wales Local Government Minister Ron Hoenig has
told a budget estimates hearing he is concerned there has been a
"fire sale" of assets at a South Coast council currently
under an improvement order (11 November 2023). Read more here.
In practice and court
NSW Supreme Court Approved Registry Arrangements –
Court Vacation Period
The Court's approved vacation period is between 18
December 2023 and 25 January 2024. During this time, the Registry
will operate from 10am to 4pm with reduced staff. However, the
Registry will be closed on all Public Holidays and from 27 to 29
December 2023. The new court term will commence on 29 January 2024
(8 November 2023). Read more here.
New Practice Note SC CL 12
On 1 November 2023 the Chief Justice issued Practice Note
SC CL 12 – Proceedings under the Crimes (High Risk Offenders)
Act 2006, the Terrorism (High Risk Offenders) Act 2017, Mental
Health & Cognitive Impairment Forensic Provisions Act 2020 and
Division 105A of the Criminal Code Act 1995 (Cth), with a
commencement date of 3 November 2023 (2 November 2023). Read the
announcement here. Read the Practice Note here.
AAT Bulletin Issue No. 22/2023
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 (6 November 2023). Read more here.
Cases
Walker v Northern Beaches Council [2023]
NSWCATAD 290
ADMINISTRATIVE LAW – access to government information –
applicant subject to a 2015 restraint order under s 110(1) of the Government
Information (Public Access) Act 2009 that restrains him from
making an access application without the approval of the Tribunal
– application of the applicant to make an access application
to the respondent – application refused on the grounds the
application lacks merit, is misconceived and is lacking in
substance.
Civil and Administrative Tribunal Act 1013 (NSW); Government
Information (Public Access) Act 2009 (NSW); Government
Information (Public Access) Amendment Act 2018 (NSW)
(repealed).
Covid Safe Schools Inc v NSW Ministry of
Health [2023] NSWCATAD 293
ADMINISTRATIVE LAW – Government Information (Public Access) Act
– GIPA – decision that information not held
– decision that information publicly available –
decision to refuse to deal with application – remittance to
the agency.
Administrative Decisions Review Act 1997; Civil and
Administrative Tribunal Act 2013; Government
Information (Public Access) Act 2009.
Environment Protection Authority v
O'Brien [2023] NSWLEC 118
ENVIRONMENTAL OFFENCES – defendant charged under s 144AA(1) of the Protection of
the Environment Operations Act 1997 (NSW) – plea of
guilty not entered – prosecution case agreed to be
circumstantial – whether the prosecutor has established the
defendant guilty of the offences beyond reasonable doubt.
Evidence
Act 1995 (NSW), ss 50, 116, 165; Protection of the Environment Operations Act
1997 (NSW), ss 144AA, 191.
Sawari v Commissioner of Police, NSW Police
Force [2023] NSWCATAD 291
ADMINISTRATIVE LAW – administrative review – Government
information – reasonable searches – excluded
information of an agency – no consent to disclosure by the
agency – conclusive presumption that there is an overriding
public interest against disclosure.
Administrative Decisions Review Act 1997 (NSW); Government
Information (Public Access) Act 2009 (NSW); Health Records and
Information Privacy Act 2002 (NSW); Privacy and Personal
Information Protection Act 1998 (NSW); State Records Act 1998
(NSW).
Sell & Parker Pty Ltd v Minister for
Planning (No 2) [2023] NSWLEC 1661
DEVELOPMENT APPLICATION – State significant development
– increased throughput for metal recovery and recycling
facility – conditions of consent.
NSW Environment Protection Authority, Noise Policy for Industry,
October 2017.
Re
referral by Registrar, Aboriginal Land Rights Act 1983 under s 200
of the Aboriginal Land Rights Act 1983, concerning Mr Anderson, a
Councillor; Registrar, Aboriginal Land Rights Act 1983 v
Anderson [2023] NSWCATOD 159
ENFORCEMENT – where Registrar, Aboriginal Land Titles Act
alleges that director of Aboriginal Land Council has breached
provisions of the Act and Regulations made pursuant to the Act
– whether Tribunal should conduct proceedings into the
referral – whether respondent has breached the regulatory
scheme created by the Act – what protective orders should be
made against respondent where respondent found guilty of such
breaches.
Aboriginal Land Rights Act 1983 (NSW); Civil and Administrative
Tribunal Act 2013 (NSW); Local Government Act 1983 (NSW).
Muscat Developments Pty Ltd v Wollondilly Shire
Council [2023] NSWLEC 121
APPEAL – question of law – Commissioner's decision
to refuse consent to remediation works – misconstruction of
applicable statutory instrument – misdirection by
consideration of non-applicable statute – no error of law in
wrong findings of fact.
Contaminated Land Management Act 1997 (NSW); Environmental Planning
and Assessment Act 1979 (NSW) ss 4.2(1), 4.15(1)(e), 4.16(1),
8.7(1); Land and Environment Court Act (NSW) ss 38(2), 39(4), 56A;
Protection of the Environment Operations Act 1997 (NSW) ss 3, 7(1),
142A,144AAB; State Environmental Planning Policy (Resilience and
Hazards) 2021 (NSW) ss 4.6(1), 4.8, 4.10, 4.14(1); Wollondilly
Development Control Plan 2016; Wollondilly Local Environmental Plan
2011 cll 2.3(2), 7.5(3).
Environment Protection Authority v Carbon MF
Pty Ltd; Environment Protection Authority v Fair [2023] NSWLEC
120
SENTENCING – ss 91B, 142A(1), 169(1) and 169A of the Protection of
the Environment Operations Act 1997 (NSW) – pollution of
land – unlawful storage of waste tyres – failure to
comply with clean-up notice – executive liability – no
evidence of actual harm – potential harm foreseeable –
middle range objective seriousness – contrition and remorse
not demonstrated – assistance with regulatory authority
– early plea of guilty – general deterrence warranted
– specific deterrence not warranted – fine reduced due
to capacity to pay pursuant to s 6 of Fines Act 1996 (NSW) – monetary penalty
and publication order made – order for a moiety.
Crimes (Sentencing and Procedure) Act 1999 (NSW); Criminal
Procedure Act 1986 (NSW); Fines Act 1996 (NSW); Protection of the
Environment Operations Act 1997 (NSW).
Transport for NSW v Boensch (No 2) [2023]
NSWSC 1354
CIVIL PROCEDURE – notice of motion seeking summary dismissal,
permanent stay, or strike out of cross-claim – Uniform Civil
Procedure Rules 2005 (NSW) rr 13.4, 14.28 – where the
substantive proceedings principally concern the position of a
common boundary between the plaintiff and the first defendant's
land – where the plaintiff submits that the cross-claim does
not disclose a reasonable cause of action, seeks relief which is
beyond the jurisdiction of the court and otherwise contrary to law,
and is bound to fail – where the court must consider a
pleading drafted by a litigant in person – HELD – leave
to re-plead granted in part – balance of cross-claim
summarily dismissed.
CIVIL PROCEDURE – notice of motion seeking to set aside
notice to produce issued by the first defendant – Uniform
Civil Procedure Rules 2005 (NSW) r 21.10 – where the first
defendant submits that the production of documents is necessary for
his defence and cross-claim – HELD – some documents
relevant to a fact in issue – notice to produce set aside in
part.
Bankruptcy Act 1966 (Cth); Civil Procedure Act 2005 (NSW); Coastal
Management Act 2016 (NSW); Limitation Act 1969 (NSW); Real Property
Act 1900 (NSW); Supreme Court Act 1970 (NSW); Uniform Civil
Procedure Rules 2005 (NSW).
SafeWork NSW v JBS Australia Pty Ltd (No
4) [2023] NSWDC 473
CRIMINAL LAW – prosecution – work health and safety
– duty of persons undertaking business – duty of
employers – risk of death or serious injury – injury
to.
SENTENCING – objective seriousness – deterrence –
aggravating factors – mitigating factors – appropriate
penalty.
SENTENCING PRINCIPLES – good prospects of
rehabilitation.
WORK HEALTH AND SAFETY – worker inadequately trained.
Crimes (Sentencing Procedure) Act 1999; Fines Act 1996; Fines and
Penalties Act 1901; Work Health and Safety Act 2011.
Dey v Industrial Relations Secretary on behalf
of the Department of Communities and Justice (Community Services)
(No 3) [2023] NSWIRComm 1111
EMPLOYMENT AND INDUSTRIAL LAW – termination – statutory
rights – unfair dismissal – granting of relief pursuant
to s 89 of the Industrial Relations Act 1996 (NSW).
Evidence Act 1995 (NSW); Government Sector Employment Act 2013
(NSW); Industrial Relations Act 1996 (NSW), s 89; Long Service
Leave Act 1995 (NSW).
Environment Protection Authority v Sydney Water
Corporation [2023] NSWLEC 119
SUBPOENA – prosecutor serves subpoena to produce on Defendant
– subpoena lists documents sought – Defendant files
Notice of Motion seeking to have the subpoena set aside –
defendant seeks to have subpoena set aside on the basis that the
documents all result from voluntary environmental audits –
prosecutor provided with the documents subject to a confidentiality
undertaking for the purposes of this set-aside application –
application made on the basis that the documents are protected
documents within the scope of s 181(1) of the Protection of the
Environment Operations Act 1997 (POEO Act) – prosecutor
proposes that for documents to have been produced as a consequence
of a voluntary environmental audit, the process and purpose to
constitute such an audit should comply, generally, with ISO19011:
2018 – Defendant submits process for a voluntary
environmental audit, understood in its proper statutory context
within Part 6 of the POEO Act, did not need to mimic requirements
of ISO19011 – defendant says documents were produced for the
sole purpose of environmental audits – prosecutor's
approach to the concept of voluntary environmental audit too narrow
and prescriptive – defendant's approach is appropriate
basis upon which to consider each of the documents set out –
examination of the individual documents establishes that all but
two were created for the sole purpose of voluntary environmental
audits – two documents (being logs describing pipe cam
footage) were not documents on their face which were produced for
the sole purpose of a voluntary environmental audit –
subpoena set aside with respect to the protected documents –
defendant ordered to produce the two pipe cam log documents and any
associated documents and video footage to the Prosecutor.
Contaminated Land Management Act 1997; Protection of the
Environment Operations Act 1997, Chapter 6; Protection of the
Environment Operations (General) Regulation 2009; Protection of the
Environment Operations (General) Regulation 2021.
Riva NSW Pty Limited v The Official Trustee in
Bankruptcy [2023] NSWSC 1323
CIVIL PROCEDURE – parties – vexatious litigants –
leave proceedings – vexatious proceedings order made against
applicant, the plaintiff in the proceedings – the applicant
seeks by motion leave to file an Amended Statement of Claim –
whether the Court can decline to consider the application because
it is not satisfied that the application for leave is materially
different from an earlier application dismissed under section 14(2) of the Vexatious
Proceedings Act 2008 – whether leave to file the mended
Statement of Claim should be granted pursuant to s 14(2) of the Vexatious
Proceedings Act.
Civil Procedure Act 2005.
Patricia Smith v Industrial Relations Secretary
in respect of Local Services [2023] NSWIRComm 1110
WORKERS COMPENSATION – protection of injured workers –
reinstatement of worker – jurisdiction – whether worker
dismissed as a result of workplace injury.
Workers
Compensation Act 1987, ss 240, 241, 244; Government Sector Employment Act 2013, s 47(1)(d).
SafeWork NSW v Canon Roofing Solutions Pty
Ltd [2023] NSWDC 467
CRIMINAL LAW – prosecution – work health and safety
– duty of persons undertaking business – risk of death
or serious injury.
SENTENCE – objective seriousness – mitigating factors
– aggravating factors – plea of guilty – general
deterrence – specific deterrence – capacity to pay
appropriate penalty.
COSTS – prosecution costs.
OTHER – fall from heights – roof sheet not secured by
screws – worker fell through roof – failure to
undertake adequate site-specific risk assessment – failure to
develop, implement and enforce adequate Safe Work Method Statement
– failure to provide information, training and
instruction.
Crimes (Sentencing Procedure) Act 1999 (NSW), ss 3A, 21A, 22; Fines
Act 1996 (NSW), ss 6, 122; Work Health and Safety Act 2011 (NSW),
ss 3, 14, 19, 32; Work Health and Safety Regulation 2017 (NSW), cll
78, 79.
Maules Creek Coal Pty Ltd v Environment
Protection Authority [2023] NSWCCA 275
JUDGMENTS AND ORDERS – Court of Criminal Appeal –
apprehended bias – application for disqualification –
Where trial judge made an order rejecting application to disqualify
herself – whether order made was an "interlocutory order
or judgment" under s 5F(3)(a) of the Criminal Appeal Act 1912
(NSW) – where certain line of Court of Criminal Appeal
authority overtaken by subsequent High Court and Court of Appeal
authority.
APPEALS – Leave to appeal – aversion to granting leave
where doing so may cause delay in or fragmentation of a
trial.
COURTS AND JUDGES – bias – apprehended bias –
application for disqualification – legal repugnance to judges
receiving communications about a case outside court processes
– where invitation was an innocent case of mistaken identity
– necessity for apprehension of bias to be reasonable –
trial judge's decision not to disclose the meeting was
erroneous but understandable – fair-minded lay observer would
not reasonably conclude that the trial judge might not bring an
impartial mind to the resolution of the questions the judge is
required to decide – Trial judge did not err in declining to
disqualify herself.
Criminal Appeal Act 1912 (NSW), ss 5AE, 5F, 5F(2), 5F(3)(a);
District Court Act 1973 (NSW), s 127(2)(a); Judiciary Act 1903
(Cth), s 34; Protection of the Environment Operations Act 1997
(NSW), ss 64(1), 140(1); Supreme Court Act 1970 (NSW), s
101(1).
Walker v Northern Beaches Council [2023]
NSWCATAD 290
ADMINISTRATIVE LAW – access to government information –
applicant subject to a 2015 restraint order under s 110(1) of the Government
Information (Public Access) Act 2009 that restrains him from
making an access application without the approval of the Tribunal
– application of the applicant to make an access application
to the respondent – application refused on the grounds the
application lacks merit, is misconceived and is lacking in
substance.
Civil and Administrative Tribunal Act 1013 (NSW); Government
Information (Public Access) Act 2009 (NSW); Government Information
(Public Access) Amendment Act 2018 (NSW) (repealed).
Hinkler Ave 1 Pty Limited v Sutherland Shire
Council [2023] NSWCA 264
PLANNING AND ENVIRONMENT – development application for mixed
use development – repeal and replacement of environmental
planning instrument – savings provision for development
application "made, but not yet determined" by
commencement date – when development application
"made" – requirements to comply with prescribed
form and manner – whether compliance with requirements
– interpretation and application of requirements.
Biodiversity Conservation Act 2016 (NSW), s 7.7(2); Environmental
Planning and Assessment Act 1979 (NSW), ss 4.12, 4.15, 4.16, 8.8,
8.11, 8.14, 14, 76, 77; Pt 8, Div 8.3; Land and Environment Court
Act 1979 (NSW), s 57; Environmental Planning and Assessment
Regulation 2000 (NSW), cll 49, 50, 51, 54, 56, 59, 113, 246, 246A,
246B, 255, 256; Div 1 of Pt 15; Sch 1, cl 2(1)(d); State
Environmental Planning Policy (Housing) 2021 (NSW), Sch 7A, cl
2.
Corliss v Director of Public Prosecutions
(NSW) [2023] NSWCA 263
ADMINISTRATIVE LAW – jurisdictional error – application
to re-open proceedings pursuant to Crimes (Sentencing Procedure)
Act 1999 (NSW), s 43 – where District Court dismissed
application – whether jurisdictional error – whether
penalty contrary to law.
SENTENCING – relevant factors on sentence – form 1
offences – jurisdictional error – Crimes (Sentencing
Procedure) Act 1999 (NSW), s 35A(2) – whether failure to
comply with s 35A(2) invalidates sentence – no jurisdictional
error.
ADMINISTRATIVE LAW – ground of review other than procedural
fairness – procedural error – right to reasons –
inadequacy of reasons – whether inadequacy of reasons on part
of non-superior court amounts to jurisdictional error –
nature of judicial duty to give reasons – reasons adequately
conveyed essential ground for decision.
ADMINISTRATIVE LAW – whether reviewable error of law –
jurisdictional error – materiality – no practical
injustice – no materiality.
Crimes (Appeal and Review) Act 2001 (NSW), Pt 7, s 79(2); Crimes
(Sentencing Procedure) Act 1999 (NSW), ss 32, 33, 35, 35A, 43, 66;
Crimes Act 1900 (NSW), s 71; Criminal Appeal Act 1912 (NSW), s
5(1)(c); Supreme Court Act 1970 (NSW), ss 69, 75.
Folkes v Secretary of the Department of
Transport [2023] NSWIRComm 1109
EMPLOYMENT AND INDUSTRIAL LAW – termination – statutory
rights – unfair dismissal – application brought 250
days out of time – application to extend time to lodge
application – unrepresented litigant – extension
opposed by Respondent – substantial delay insufficiently
explained – no other factor indicating justice of case
requires exercise of discretion in favour of applicant –
Extension of time refused – application dismissed.
Evidence Act 1995 (NSW); Industrial Relations Act 1996 (NSW), ss
84, 85, Ch 7, Pt 2.
Lahoud v Willoughby City Council [2023]
NSWLEC 117
JUDICIAL REVIEW – challenge to development consent for
adaptive reuse of an existing commercial building, adding an
additional level – conversion to mixed-use development with
shop top housing – development consent challenged on six
separate grounds - whether challenge to development consent
commenced within statutory time limit - challenge commenced within
time limit – if not within in time limit, whether challenge
within Hickman principles of exceptions to compliance with time
limits – challenge within second of the Hickman
principles.
JUDICIAL REVIEW – Ground 1 – ground alleges approved
development breaches height of building development standard set by
Willoughby Local Environmental Plan 2012 (the LEP) – request
pursuant to cl 4.6 of the LEP to permit non-compliance with the
development standard – Planning Panel approved request to
permit non-compliance but on the basis that required modification
of the development for which consent had been sought - three tests
in cl 4.6 of the LEP required to be applied to the proposed
development for which application had been made - Planning Panel
did not misapply the tests in cl 4.6 of the LEP – granting of
dispensation for non-compliance of the Height of Building
Development Standard valid – Ground 1 fails.
JUDICIAL REVIEW – Ground 2 – LEP requires that the
western street frontage of the site be activated – majority
of the western street frontage proposed to be screening of ground
level car parking - consideration of extent to which activated
street frontage required - consideration of whether requirement for
activated street frontage is a development standard - held
requirement for activated Street frontage is a development standard
amenable to a dispensation request pursuant to cl 4.6 of the LEP
– no dispensation request made with the development
application - without a dispensation request satisfying cl 4.6 of
the LEP, failure to satisfy the requirement for an activated street
frontage on the western boundary of the site rendered development
prohibited – Planning Panel failed to give proper
consideration to requirement for activated street frontage on
western boundary of the site – consideration of matters of
discretion – ground 2 upheld but, as a matter of discretion,
relief refused.
JUDICIAL REVIEW – Ground 3 – ground proposes shop top
housing must be directly vertically above ground floor commercial
premises – all dwellings above ground floor commercial
premises - proposed dwellings not all directly vertically above
ground floor commercial premises – definition of shop top
housing does not require vertical alignment above ground floor
commercial premises – Ground 3 fails.
JUDICIAL REVIEW – Ground 4 – ground alleges breach of
floor space ratio (FSR) permitted by development standard in the
LEP – calculation of FSR by application of gross floor area
(GFA) to area of the site – dispute as to areas to be
included in GFA for FSR calculation – consideration of the
definition of basement in the LEP – correct calculation of
the FSR discloses no breach of development standard – Ground
4 fails.
JUDICIAL REVIEW – Grounds 5 and 6 – grounds alleges
Planning Panel failed to consider requirements of cl 7 of State
Environmental Planning Policy 55 – Remediation of Land (the
SEPP) – Applicant gives evidence of knowledge of alleged
contamination of the site coming to his attention in 1995 –
Applicant fails to disclose alleged contamination in submission to
Council objecting to proposed development – no adequate
explanation of failure to disclose alleged contamination –
Applicant developer of adjacent site to the east – assuming
basis for Grounds 5 and 6 made out (a matter not necessary to
determine), proper exercise of discretion would require no
declaration or orders appropriate arising from these grounds
– no relief appropriate.
COSTS – Applicant failed on three grounds – Applicant
succeeds on one ground but obtains no relief as a matter of
discretion – Applicant obtains no relief on two further
grounds addressed on the assumption that the grounds are made out
(it not being necessary to determine if they were made out) –
costs ordinarily follow the event – the event is
Applicant's failure to obtain any relief – costs are
discretionary – apportionment of costs – apportionment
appropriate to reflect Applicant's establishment of one ground
even though relief was not appropriate – Applicant to pay 80%
of Respondents costs.
Environmental Planning and Assessment (Public Exhibition)
Regulation 2020; Environmental Planning and Assessment Act 1979, s
4.59; Environmental Planning and Assessment Regulation 2000, cl
124; Environmental Planning and Assessment Regulation 2021; Land
and Environment Court Act 1979, ss 20 and 71; State Environmental
Planning Policy (Resilience and Hazards) 2021; State Environmental
Planning Policy No 55 - Remediation of Land; State Environmental
Planning Policy No 65 - Design Quality of Residential Apartment
Development; Uniform Civil Procedure Rules 2005, r 59.10;
Willoughby Local Environmental Plan 2012.
Legislation
Acts compilation
Disaster Ready Fund Act 2019 (14/11/2023)
– Act No. 90 of 2019 as amended
Medibank Private Sale Act 2006 (14/11/2023)
– Act No. 160 of 2006 as amended
Foreign Acquisitions and Takeovers Act 1975
(11/11/2023) – Act No. 92 of 1975 as amended
Medical Indemnity (Prudential Supervision and
Product Standards) Act 2003 (11/11/2023) – Act No. 37 of
2003 as amended
Retirement Savings Accounts Act 1997
(11/11/2023) – Act No. 61 of 1997 as amended
Financial Services Compensation Scheme of Last
Resort Levy (Collection) Act 2023 (11/11/2023) – Act No.
45 of 2023 as amended
Financial Accountability Regime Act 2023
– Act No. 67 of 2023 as amended
National Broadband Network Companies Act 2011
(10/11/2023) – Act No. 22 of 2011 as amended
Administrative Decisions (Judicial Review) Act
1977 (10/11/2023) – Act No. 59 of 1977 as amended
Commonwealth Inscribed Stock Act 1911
(10/11/2023) – Act No. 20 of 1911 as amended
Corporations (Review Fees) Act 2003
(10/11/2023) – Act No. 23 of 2002 as amended
Financial Services Compensation Scheme of Last
Resort Levy Act 2023 (10/11/2023) – Act No. 44 of 2023 as
amended
Corporations (Fees) Act 2001 (9/11/2023)
– Act No. 52 of 2001 as amended
Medical Indemnity Act 2002 (8/11/2023) –
Act No. 132 of 2002 as amended
Income Tax Assessment Act 1936 (8/11/2023)
– Act No. 27 of 1936 as amended
Superannuation Contributions Tax (assessment and
Collection) Act 1997 (7/11/2023) – Act No. 70 of 1997 as
amended
Interactive Gambling Act 2001 (7/11/2023)
– Act No. 84 of 2001 as amended
Aboriginal and Torres Strait Islander Land and Sea
Future Fund Act 2018 (7/11/2023) – Act No. 145 of 2018 as
amended
Native Title Act 1993 (6/11/2023) – Act
No. 110 of 1993 as amended
Clean Energy Regulator Act 2011 (6/11/2023)
– Act No. 163 of 2011 as amended
Financial Sector (Collection of Data) Act 2001
(6/11/2023) – Act No. 104 of 2001 as amended
Payment Systems and Netting Act 1998
(6/11/2023) – Act No. 83 of 1998 as amended
Australian Defence Force Cover Act 2015
(5/11/2023) – Act No. 118 of 2015 as amended
Telstra Corporation Act 1991 (5/11/2023)
– Act No. 79 of 1991 as amended
Competition and Consumer Act 2010 (5/11/2023)
– Act No. 51 of 1974 as amended
Carbon Credits (Carbon Farming Initiative) Act
2011 (5/11/2023) – Act No. 101 of 2011 as amended
Corporations (Aboriginal and Torres Strait
Islander) Act 2006 (5/11/2023) – Act No. 124 of 2006 as
amended
Australian Prudential Regulation Authority Act
1998 (3/11/2023) – Act No. 50 of 1998 as amended
Personal Property Securities Act 2009
(3/11/2023) – Act No. 130 of 2009 as amended
Aged Care Act 1997 (2/11/2023) – Act No.
112 of 1997 as amended
Migration and Maritime Powers Legislation Amendment
(Resolving the Asylum Legacy Caseload) Act 2014 (2/11/2023)
– Act No. 135 of 2014 as amended
Family Assistance Legislation Amendment (Jobs for
Families Child Care Package) Act 2017 (2/11/2023) – Act
No. 22 of 2017 as amended
Trade Representative Act 1933 (2/11/2023)
– Act No. 74 of 1993 as amended
Foreign Influence Transparency Scheme Act 2018
(2/11/2023)– Act No. 63 of 2018 as amended
Banking Act 1959 (2/11/2023) – Act No. 6
of 1959 as amended
Taxation Administration Act 1953 (2/11/2023)
– Act No. 1 of 1953 as amended
Australian Postal Corporation Act 1989
(1/11/2023) – Act No. 64 of 1989 as amended
Life Insurance Act 1995 (1/11/2023) – Act
No. 4 of 1995 as amended
Higher Education Support Act 2003 (1/11/2023)
– Act No. 149 of 2003 as amended
Environmental Planning Instruments
Standard Instrument (Local Environmental Plans)
Amendment (Exceptions to Development Standards) Order 2023 (EPI
522) – commenced 1 November 2023
State Environmental Planning Policy Amendment
(Exception to Development Standards) 2023 (EPI 524) –
commenced 1 November 2023
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.
