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NSW Government Bulletin

13 April 2022

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NSW Government Bulletin

In the media

Legal services funding for flood victims
The NSW Government has announced a $680,000 grant to the Northern Rivers Community Legal Centre to help flood-affected persons gain access to legal services. The grant will help fund additional full-time staff to assist the legal centre and provide a van for the legal centre staff to travel to critically affected areas to deliver legal services (12 April 2022).  More…

Better protection for emergency workers
Persons who commit an assault against frontline health workers, youth justice officers, emergency services staff and volunteers can expect to be faced with tougher penalties when the offences are instituted by the NSW Government later this year (11 April 2022).  More…

Plan to ban dark roofs abandoned as NSW government walks back sustainability measures
The New South Wales government has abandoned its plan to ban dark roofs – aimed at reducing temperatures and energy costs for new homes – as the state’s new planning minister walks back ambitious sustainability measures announced by his predecessor (9 April 2022).  More...

Airport staff added to list of critical workers in NSW to ease travel chaos
The NSW government has added air transport services to the list of critical occupations, exempting them from COVID-19 isolation rules, in a bid to ease the delays that have plagued Sydney Airport for the past three days (9 April 2022).  More...

Calls to end NSW govt 'accounting trick'
A NSW government-owned transport assets holding company should be axed so taxpayers don't keep paying billions over the next decade to keep it operating, a parliamentary committee says (8 April 2022).  More...

Regional Health Division announced by NSW government in wake of healthcare inquiry
The Minister for Regional Health, Bronnie Taylor, has announced the creation of the Regional Health Division within the Ministry of Health. The newly created division comes after apologies were made by the NSW Government for the standard of health care services in rural and regional NSW (8 April 2022).  More…

Report finds NSW 'falling behind' in protecting gig workers
The government of New South Wales is being urged to commit to further protect gig workers, after a new report found that it is lagging in establishing decent working conditions for the sector.  More...

NSW hospital workers strike as union boasts $2m war chest
The Health Services Union has threatened more strikes and a multimillion-dollar campaign against the NSW Government before next year’s state election as thousands of health workers kicked off work stoppages on Thursday (7 April 2022).  More...

NSW government promises funding set aside for Albury despite Regional Deal concerns
The New South Wales government has announced $15 million funding to help upgrade the Albury Entertainment Centre. The $30 million Albury Entertainment Centre Redevelopment is being jointly funded by the NSW government, with $10 million dollars from the federal government and $5 million from Albury City Council (7 April 2022).  More...

NSW, federal governments announce flood recovery cash boost for students, teachers
One-off payments and increased allowances were announced by the NSW and federal governments for flood-affected people in northern NSW (5 April 2022).  More…

NSW government urged to halt new bill targeting road-blocking protesters
The attorney general Mark Speakman on Wednesday afternoon introduced legislation into the NSW parliament to dramatically increase penalties for people who cause “damage or disruption” on major roads or other transport assets across the state (30 March 2022).  More...

Practice and courts

Commonwealth

AAT Bulletin Issue No. 7/2022 4 April 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 Court of Appeal
Supreme Court of NSW Court of Appeal Decisions Reserved as at 8 April 2022. Read more here.

Changes to court operations – COVID-19 (Coronavirus)
The Local Court has made changes to its operations to reduce the risk of the spread of Coronavirus. Read more here.

New South Wales Bar Association – COVID-19: Information for attending Court
The Bar Association continues to actively monitor COVID-19 developments and impacts on the Courts. Read more here.

Published – articles, papers and reports

Police responses to domestic and family violence
The NSW Auditor-General published its findings in a report that assessed the NSW Police Force’s ability to effectively respond to domestic and family violence in New South Wales. Read more here.

16 Regional Cities Services Improvement
Transport for NSW wants feedback from regional cities about improving transportation services. Residents in the Dubbo and Griffith area are invited to give suggestions about bus routes and hours of operations. Read more here.

Digital Identity and Credentials
The NSW Government opened submission late last year asking for submissions from NSW residents on how their digital identity should be used, whether that be stream-lining opening a banking account or applying for birth certificates. The feedback portal closes 30 June 2022. Read more here.

Cases

Synnott v Council of the City of Sydney [2022] NSWCATAD 117
HUMAN RIGHTS – anti-discrimination – age discrimination – condition or requirement – term of service.

NSW Electoral Commissioner v Kempsey Shire Council (No 3) [2022] NSWSC 409
RELIEF – challenge to Local Government elections – timing of declaration that elections void – costs.

Moran v Shellharbour City Council [2022] NSWCATAD 112
GOVERNMENT INFORMATION – Government Information (Public Access) Act 2009 – public interest against disclosure – frivolous – vexatious – misconceived – lacking in substance.

Hawkesbury City Council v Saed [2022] NSWLEC 34
ENVIRONMENTAL OFFENCE – removal of trees – charge of development without consent – guilty plea – sentencing principles – substantial actual and likely environmental harm caused by the commission of the offence – state of the mind of the defendant at the time of the commission of the offence – whether defendant was criminally negligent – objective seriousness of the commission of the offence moderate to low – no prior convictions – genuine remorse and contrition demonstrated – specific and general deterrence warranted – insufficient evidence of claimed impecuniosity – comparable cases – fine imposed – costs ordered.

Snowy Monaro Regional Council v Tropic Asphalts Pty Ltd (No 4) [2022] NSWLEC 32
SENTENCE – Defendant pleads guilty to charge of breach condition of development consent – condition imposed limited daily production capacity on mobile asphalt plant – Defendant deliberately understated production rate in development application – understatement avoided necessity for environmental impact statement – understatement avoided necessity for increased environmental scrutiny of the proposed development – harm to integrity of the planning system – deliberate breach a first aggravating factor – breach part of organised criminal enterprise – second aggravating factor – breach committed for financial gain – third aggravating factor – Defendant with limited positive subjective factors – no contrition or remorse – no previous convictions – maximum penalty for offence $1,100,000 – offending conduct above the middle of the middle range of seriousness – fine of $600,000 appropriate indicative sentence – discount for guilty plea – plea not at the earliest opportunity – discount of 10% for guilty plea – fine of $540,000 appropriate.
SENTENCE – Defendant pleads guilty to charge of breach condition of development consent – condition of development consent limited the number of truck movements on any one day – harm to integrity of the planning system – deliberate breach an aggravating factor – breach committed for financial gain – breach part of organised criminal enterprise – second aggravating factor – breach committed for financial gain – third aggravating factor – Defendant with limited positive subjective factors – no contrition or remorse – no previous convictions – maximum penalty for offence $1,100,000 – offending conduct in the middle of the low range of seriousness – no previous convictions – maximum penalty $1,100,000 – appropriate starting penalty $120,000 – discount for guilty plea – guilty plea not at the earliest opportunity – discount of 10% for guilty plea – fine of $98,000 appropriate.
TOTALITY AND ACCUMULATION – both offences arise out of same development consent – breaches arise from satisfying single asphalt supply contract – appropriate to moderate total penalty – fine for less egregious offence moderated to $60,000 – total penalty imposed of $600,000.

Muller v Secretary, Department of Education [2022] NSWIRComm 1022
UNFAIR DISMISSAL – application filed out of time – similar application filed under Commonwealth law and withdrawn – sufficient reason to accept application filed out of time.

Sparkes v Industrial Relations Secretary in respect of the Department of Communities and Justice (Corrective Services NSW) [2022] NSWIRComm 1021
EMPLOYMENT AND INDUSTRIAL LAW – public sector disciplinary appeal – dismissal – employee in extra-marital relationship with subordinate employee – findings of guilt of common assault by the employee against co-worker – misconduct admitted – question of appropriate disciplinary action – whether assault to be mitigated by the context of the alleged sexual relationship between employee and co-worker – whether employee denied procedural fairness – relevance that misconduct occurred outside work and did not affect employee’s work performance.

Ghahfarokhi v Secretary, Department of Education [2022] NSWPICMP 63
WORKERS COMPENSATION – appeal by worker against 19% whole person impairment assessment for psychological injury: Whether additional information should be admitted, whether Medical Assessor (MA) erred in his assessment regarding categories in the Psychiatric Impairment Rating Scale, whether MA erred in assigning the same factual conduct to 2 separate categories; held – additional evidence inadmissible; Lukacevic applied; no error established as to the assessment value ascribed to each category; Ferguson, Jenkins, Parker applied; factual conduct assigned to categories of self-care and personal hygiene, and social functioning relevant to each; Ballas considered; Medical Assessment Certificate confirmed.

Legislation

Commonwealth

Acts compilation

Data Availability and Transparency Act 2022
31 March 2022 – Act No. 11 of 2022 as made.

Data Availability and Transparency (Consequential Amendments) Act 2022
31 March 2022 – Act No. 12 as amended.

Treasury Laws Amendment (Cyclone and Flood Damage Reinsurance Pool) Act 2022
31 March 2022 – Act No. 13 as amended.

Treasury Laws Amendment (Cost of Living Support and Other Measures) Act 2022
31 March 2022 – Act No. 14 as amended.

Excise Tariff Amendment (Cost of Living Support) Act 2022
31 March 2022 – Act No. 15 as amended.

Customs Tariff Amendment (Cost of Living Support) Act 2022
31 March 2022 – Act No. 16 as amended.

Road Vehicle Standards (Consequential and Transitional Provisions) Amendment Act 2022
1 April 2022 – Act No. 17 as amended.

Offshore Petroleum (Laminaria and Corallina Decommissioning Cost Recovery Levy) Act 2022
1 April 2022 – Act No. 18 as amended.

Appropriation Act (No. 3) 2021–2022
1 April 2022 – Act No. 19 as amended.

Appropriation Act (No. 4) 2021–2022
1 April 2022 – Act No. 20 as amended.

Supply Act (No. 1) 2022–2023
1 April 2022 – Act No. 21 as amended.

Supply Act (No. 2) 2022–2023
1 April 2022 – Act No. 22 as amended.

Supply (Parliamentary Departments) Act (No. 1) 2022–2023
1 April 2022 – Act No. 23 as amended.

Treasury Laws Amendment (Laminaria and Corallina Decommissioning Cost Recovery Levy) Act 2022
1 April 2022 – Act No. 24 as amended.

Social Security Amendment (Improved Child to Adult Transfer for Carer Payment and Carer Allowance) Act 2022
1 April 2022 – Act No. 25 as amended.

Mitochondrial Donation Law Reform (Maeve’s Law) Act 2022
1 April 2022 – Act No. 26 as amended.

National Disability Insurance Scheme Amendment (Participant Service Guarantee and Other Measures) Act 2022
1 April 2022 – Act No. 27 as amended.

Social Services and Other Legislation Amendment (Pension Loans Scheme Enhancements) Act 2022
1 April 2022 – Act No. 28 as amended.

Australian Research Council Amendment Act 2022
1 April 2022 – Act No. 29 as amended.

Criminal Code Amendment (Firearms Trafficking) Act 2022
1 April 2022 – Act No. 30 as amended.

National Security Legislation Amendment (Comprehensive Review and Other Measures No. 1) Act 2022
1 April 2022 – Act No. 31 as amended.

Social Security Legislation Amendment (Streamlined Participation Requirements and Other Measures) Act 2022
1 April 2022 – Act No. 32 as amended.

Security Legislation Amendment (Critical Infrastructure Protection) Act 2022
1 April 2022 – Act No. 33 as amended.

Bills

Customs Tariff Amendment (Cost of Living Support) Bill 2022 – 30 March 2022
Road Vehicle Standards (Consequential and Transitional Provisions) Amendment Bill 2022 – 30 March 2022
Aboriginal Land Grant (Jervis Bay Territory) Amendment (Strengthening Land and Governance Provisions) Bill 2022 – 30 March 2022
Treasury Laws Amendment (Cost of Living Support and Other Measures) Bill 2022 – 30 March 2022
Excise Tariff Amendment (Cost of Living Support) Bill 2022 – 30 March 2022

NSW

Acts compilation

Roads and Crimes Legislation Amendment Act 2022
1 April 2022 – Act No 7, 2022.

Bills passed by both Houses of Parliament

Constitution Amendment (Virtual Attendance) Bill 2022 31 March 2022
Greater Cities Commission Bill 2022 29 March 2022
Greater Sydney Parklands Trust Bill 2022 29 March 2022
Home Building Amendment (Medical Gas Licensing) Bill 2022 31 March 2022
Major Events Amendment Bill 2022 30 March 2022
Motor Sports Bill 2022 30 March 2022
Public Interest Disclosures Bill 2022 29 March 2022
Tattoo Parlours Amendment (Statutory Review) Bill 2022 29 March 2022

Bills revised following amendment in Committee

Mining and Petroleum Legislation Amendment Bill 2022 30 March 2022
State Revenue and Fines Legislation Amendment (Miscellaneous) Bill 2022 30 March 2022

Bills introduced

Racing and Gambling Legislation Amendment Bill 2022 30 March 2022
State Insurance and Care Legislation Amendment Bill 2022 30 March 2022
Work Health and Safety (Mines and Petroleum Sites) Amendment Bill 2022 30 March 2022
Water Management Amendment (No Compensation for Floodplain Harvesting Licences) Bill 2022 30 March 2022

Regulations and other miscellaneous instruments

Motor Accident Guidelines LW 8 April 2022
Treasurer's Direction TD22–10 – Amendment to TD 19–02 LW 7 April 2022
Crimes Amendment (Major Facilities) Regulation 2022 LW 5 April 2022
Order regarding volunteers taking part in emergency operations LW 5 April 2022 at 5:30pm
Roads Amendment (Major Roads) Regulation 2022 LW 5 April 2022
Administrative Arrangements (Administrative Changes – Miscellaneous) Order (No 5) 2022 LW 1 April 2022
Biodiversity Conservation Amendment Regulation 2022 LW 1 April 2022
Child Protection (Working with Children) Amendment (Miscellaneous) Regulation 2022 LW 1 April 2022
Children’s Guardian Regulation 2022 LW 1 April 2022
Civil Procedure Amendment (Fees) Regulation 2022 LW 1 April 2022
Environmental Planning and Assessment Amendment (Frenchs Forest Special Contributions Area) Order 2021 LW 1 April 2022
Environmental Planning and Assessment Amendment (Wilton Town Centre Precinct) Regulation 2022 LW 30 March 2022
Roads Amendment (Major Bridges and Tunnels) Regulation (No 2) 2022 LW 1 April 2022
Water Management (General) Amendment (Specific Purpose Access Licences) Regulation 2022 LW 1 April 2022
Work Health and Safety Amendment (Food Delivery Riders) Regulation 2022 LW 1 April 2022
Workers Compensation Amendment (Certificates of Capacity) Regulation 2022 LW 1 April 2022
Administrative Arrangements (Administrative Changes – Miscellaneous) Order (No 3) 2022 LW 30 March 2022

Environmental planning instruments

Dubbo Regional Local Environmental Plan 2022 (Map Amendment No 1) LW 8 April 2022
Blacktown Local Environmental Plan 2015 (Amendment No 31) LW 1 April 2022
Coffs Harbour Local Environmental Plan 2013 (Amendment No 26) LW 1 April 2022
Kempsey Local Environmental Plan 2013 (Amendment No 31) LW 1 April 2022
State Environmental Planning Policy (Transport and Infrastructure) Amendment (Miscellaneous) 2022 LW 1 April 2022
Upper Hunter Local Environmental Plan 2013 (Map Amendment No 2) LW 1 April 2022
Moree Plains Local Environmental Plan 2011 (Amendment No 7) LW 30 March 2022
State Environmental Planning Policy (Precincts – Western Parkland City) Amendment (Wilton Town Centre Precinct) 2022 LW 30 March 2022
Wagga Wagga Local Environmental Plan 2010 (Amendment No 44) LW 30 March 2022

Disclaimer
The information in this publication is of a general nature and is not intended to address the circumstances of any particular individual or entity. Although we endeavour to provide accurate and timely information, we do not guarantee that the information in this article is accurate at the date it is received or that it will continue to be accurate in the future.

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