New arrangements for granting leases and licences on council managed Crown land
The Crown Land Management Amendment (Plan of Management) Regulation 2021 (CLM Regulation) commenced on 4 June 2021. Councils appointed as Crown land managers under the Crown Land Management Act 2016 (NSW) (CLM Act) are now no longer required to adopt a plan of management (PoM) by 1 July 2021. Accordingly, what were initially interim arrangements relating to the grant of leases and licences will now continue to operate indefinitely, or at least until such time as a PoM is adopted.
Original legislation
As mentioned in our previous article dated 7 April 2021, under the CLM Act, councils were granted a three-year period from 1 July 2018 to 30 June 2021 (Initial Period) to adopt a PoM. During the Initial Period, councils could grant leases and licences in accordance with the interim arrangements provided under the CLM Act (cl.70 of the CLM Regulation 2018). From 1 July 2021, councils could only grant leases or licences over community land in accordance with an adopted PoM (except in limited circumstances).
What are the changes?
The CLM Regulation which amended the Crown Land Management Regulation 2018 now exempts councils from the requirement to adopt PoMs by 1 July 2021. Council Crown land managers are now also required to seek Minister’s consent before adopting any PoM and also continue to be exempt from holding public hearings in respect of proposed PoMs.
The CLM Regulation did not introduce a new due date for the adoption of PoMs, however, councils are still required to submit categorisations and draft PoMs as soon as practicable.
Council Crown land managers can now continue to grant leases and licences on community land as outlined in the table below, until the earlier of:
The effect of the changes is that not all Council managed reserves will have a PoM and that councils will be required to prepare a PoM if they wish to enter into a lease or licence not covered by clause 70 of the Crown Land Management Regulation 2018.
Authors: Cameron Sheather, Peter Holt & Lauren Stables
OAIC publishes second COVIDSafe privacy report
The OAIC has released its second six-month report on the privacy protections that apply to the COVIDSafe system (17 June 2021). More...
Extraordinary meeting of Attorneys-General
An extraordinary Meeting of Attorneys-General progressed a number of key reforms focused on the Respect@ Work report, coercive control and criminal justice response to sexual assault (16 June 2021). More...
Law Society welcomes funding boost for eight new magistrates
The Law Society of NSW has welcomed news of a $56.1 million funding boost over four years to appoint eight new magistrates and increase resources for prosecutors and Legal Aid. Read the government statement here (17 June 2021).
Legal profession supports diversionary measures
The NSW Government’s decision to extend funding for an advocacy service that helps people with a cognitive impairment navigate the criminal justice system has been welcomed by the Law Society of NSW (17 June 2021). More...
New Permanency Taskforce to increase open adoption and guardianship
Vulnerable children in out-of-home care will be provided permanent and loving homes sooner and with more support, as part of a plan to turbocharge the open adoption and guardianship process (15 June 2021). More...
$90-million budget boost to support women and children impacted by domestic violence
More women and children experiencing domestic and sexual violence will be supported by a $60 million funding boost to frontline services over two years from the NSW Government. The Government will also commit an extra $32.5 million over four years to expand the Staying Home Leaving Violence opens in new window (SHLV) program (14 June 2021). More...
Modernising document execution across the Federation
We welcome the decision by Commonwealth, state and territory Treasurers to prioritise working together towards a common approach for document execution (11 June 2021). More...
Governments to consider consistent electronic document execution
The Law Council of Australia is fully supportive of the decision by Commonwealth, state and territory Treasurers to work together towards a common approach for electronic document execution. The Law Council looks forward to working with the government to ensure that fidelity and veracity of the process for the execution of electronic documents is maintained (11 June 2021). More...
HRLC: Safeguards needed to stop secret trials
The Human Rights Law Centre is calling for the introduction of legislated minimum standards of openness in Australia’s legal system to prevent trials taking place in secret. The call comes as the Independent National Security Legislation Monitor holds a public hearing as part of its review into the secret trial of Witness J and the operation of a key provision – s 22 – of the National Security Information (Criminal and Civil Proceedings) Act 2004 (09 June 2021). More...
LCA: Secret trials need reform
At the hearing before the Independent National Security Legislation Monitor (INSLM), the Law Council of Australia emphasised that trials involving national security need to strike a balance between secrecy and open justice. The hearing forms part of review into the operation of section 22 of the National Security Information (Criminal and Civil Proceedings) Act 2004 (Cth) (NSI Act) (09 June 2021). More...
PS productivity modified for COVID
The Productivity Commission has updated its report on Government Services for the year finding three groups have been affected by COVID-19. The Commission said its update covered seven performance indicators across three sections, Section Five, vocational education and training (VET); Section Six, Police services; and Section 18, Housing. ASIC disqualifies director from managing companies for trading while insolvent (07 June 2021). More...
Gazette registration - annual federal courts and tribunals fee increases from 1 July 2021
The fees payable in the federal courts and tribunals will increase from 1 July 2021 to reflect changes to the consumer price index over the past financial year. This is an automatic increase provided by the relevant fee regulations. Find the notice published in the Government Notices Gazette on 17 June 2021 setting out the new fees payable.
Commonwealth Parliamentary Review now open for submissions and interviews: Sex Discrimination
The AHRC is inviting contributions for its Independent Review into Commonwealth Parliamentary Workplaces, accepting written contributions from groups covered by the Review’s Terms of Reference.
The Review aim is to ensure all Commonwealth Parliamentary workplaces are safe and respectful and that our national Parliament reflects best practice. Make a written submission here. Submissions on the Consultation Paper close on 9 July. View the Consultation Paper at this PS News link.
Attorney General Consultations
National Register of Enduring Powers of Attorney
Closing date 30 June 2021
Attorneys-General from each Australian jurisdiction have agreed to consult on possible arrangements for a National Register of Enduring Powers of Attorney. We have prepared a consultation paper to seek your views here.
ACMA Consultations
Proposal to remake the anti-terrorism standards - consultation 22/2021
The anti-terrorism standards for narrowcast television services are due to sunset on 1 October 2021. We are seeking your views on remaking the standards in a single instrument with only minor changes. Closing date 21 July 2021. More...
Department of Home Affairs Consultation
The Customs (Prohibited Imports) Amendment (Firearms and Weapons) Regulations 2021
The Australian Government is committed to keeping Australia’s firearms laws among the most effective in the world. Regulation of the importation of firearms maintains the safety of all Australians by ensuring that only those with a genuine reason can access a firearm. The Department invites written submissions to be provided to firearms.policy@homeaffairs.gov.au by 25 June 2021. It is anticipated that any changes will be implemented in 2021. More...
Law Council Update
The Law Council produces a fortnightly newsletter which highlights the Law Council's important activities and advocacy, along with any relevant media and events stakeholders would be interested in (10 June 2021).
Law Council of Australia Submissions
10 June 2021— Law Council. Transition to strengthening client verification
07 June 2021— Law Council. Migration Amendment (Clarifying International Obligations for Removal) Act 2021
07 June 2021— Law Council. Aged Care and Other Legislation Amendment (Royal Commission Response No. 1) Bill 2021
AAT Bulletin
The AAT Bulletin is a weekly publication containing a list of recent AAT decisions and information relating to appeals against AAT decisions.
Issue No. 12/2021, 15 June 2021.
OAIC Consultations
National Health (Privacy) Rules 2018 review
The closing date for submissions is 4 June 2021.
Read the National Health (Privacy) Rules 2018 review here.
OAIC: Our FOI disclosure log
The information described in our disclosure log has been released by the OAIC under the Freedom of Information Act 1982 (FOI Act): Updated May 2021. More...
ALRC Judicial Impartiality Consultation Paper 2021
The Inquiry would look at judges in the High Court, Federal Court, Family Court and Federal Circuit Court. Submissions are open until 30 June. The ALRC was expected to deliver is report to the Attorney-General by 30 September. The Paper can be accessed here.
Finance and Public Administration Legislation Committee
Operation and management of the Department of Parliamentary Services
On 11 May 2021, the reporting date was extended to 30 June 2021.
Legal and Constitutional Affairs Legislation Committee
Family Law Amendment (Federal Family Violence Orders) Bill 2021 [Provisions]
The deadline for submissions to this inquiry is 18 June 2021.
Select Committee on Foreign Interference through Social Media
Foreign Interference through Social Media
Select Committee on Foreign Interference through Social Media to inquire into and report on the risk posed to Australia’s democracy by foreign interference through social media. The committee is to present its final report on or before the second sitting day of May 2022 The closing date for submissions is 31 October 2021.
NSW
Amendment to the Uniform Civil Procedure Rules - Amendment to Rule 50.18
On 7 June 2021, the Uniform Rules Committee approved Amendment No 97 to the Uniform Civil Procedure Rules. The amendment is to rule 50.18 – Defendants in an appeal. The amendment increases from 10 to 12 the age at which a child is a defendant to an appeal against a care decision in respect of the child. The amendment aligns the rule with provisions of the Children and Young Persons (Care and Protection) Act 1998 which establishes rebuttable presumptions as to capacity. A copy of the amendment is available here.
Drug Misuse and Trafficking Regulation 2021
The NSW Department of Communities and Justice is seeking comments on the consultation draft of the Drug Misuse and Trafficking Regulation 2021 and Regulatory Impact Statement. There are two documents that you can read to understand the proposed changes: Proposed Drug and Misuse and Trafficking Regulation 2021 and Regulatory Impact Statement Submissions can be made by email to policy@justice.nsw.gov.au The closing date for submissions is 16 July 2021.
IPC NSW June 2021 Bulletin
It includes updates on the IPC’s recent activities, resources and guidance, links to new case notes, information about upcoming events, and other relevant issues and developments in information access and privacy. For our latest IPC Bulletin, please click here (16 June 2021).
Costs Disputes – Uniform Law - Indexed Amounts
Sections 291, 292 and 293 of the Legal Profession Uniform Law (NSW) relate to costs disputes. The amounts were increased as a result of indexation for the financial years 1/7/2019 - 30/6/2020 and 1/7/2020 - 30/6/2021. The amounts have again been indexed for the financial year 1/7/2021 - 30/6/2022. The Legal Profession Uniform Law (Indexed Amounts) Notice 2021 has been published and is available here.
Personal Injury Commission - Hearings during COVID-19
The President of the Personal Injury Commission has advised the NSW Bar Association that the PIC will continue to apply Procedural Direction 10 until further notice. Procedural Direction 10 provides that, during the currency of the COVID-19 pandemic and until further notice, the Commission will, wherever possible, list matters for hearing by audio link or audio-visual link. Procedural Direction 10 is available here.
Decisions before the High Court
The Court of Appeal maintains a list of decisions of the New South Wales Court of Appeal or Court of Criminal Appeal appealed to the High Court. The list is updated regularly. View the latest publication here.
Artificial Intelligence (AI)
The NSW Government believes that the NSW Government can use AI to benefit the community and is taking actions to ensure that AI is used safely, ethically and effectively. We have an AI Strategy(External link) that outlines our vision for the use of AI, and ensures transparency, fairness and accountability. Have your say to 31 December 2021 here.
NSW Law Society: Applications open for the Access to Justice Innovation Fund
The $1 million fund from the State Government supports innovative ideas to improve or enhance access to justice in NSW. Grants of between $50,000 and $250,000 are available for low cost, high impact projects that make a difference for those who need it most. Applicants will be advised of the outcome of their application by late May 2021. More...
NCAT Digitisation of warrants for possession
From 24 May 2021, all warrants for possession issued by NCAT will be electronically transmitted to the Office of the Sheriff. The new process is part of NCAT's strategy to increase digitisation of its services. More...
COVIDSafe Report November 2020-May 2021
The Office of the Australian Information Commissioner (OAIC): 17 June 2021
The OAIC received 14 enquiries about COVIDSafe between 16 November 2020 and 15 May 2021. Ten enquiries raised general issues or concerns about COVIDSafe and four related to a request to download or use the app. The OAIC did not receive any complaints or data breach notifications in relation to COVIDSafe. More...
Equality Across the Board: Investing in workplaces that work for everyone
Australian Human Rights Commission: 17 June 2021
The report’s recommendations offer a blueprint for Australia’s largest corporations to reduce the prevalence of sexual harassment in their workplaces and build safer, more equal workplaces. Follows a survey and series of interviews with ASX200 companies. It makes a suite of recommendations for corporate boards and executive leadership, as well as investors. Read Equality Across the Board in full here.
Statement by the Commonwealth Ombudsman on the current investigation relating to the National Health and Medical Research Council
Ombudsman Industry updates: 07 June 2021
Review of the evidence for the effectiveness of homeopathy commences. More...
Regulation of Great Barrier Reef Marine Park permits and approvals — follow-up
ANAO Report No 44: 17 June 2021:
The audit objective was to examine the effectiveness of the Great Barrier Reef Marine Park Authority’s regulation of permits and approvals. More...
Australian Federal Police’s use of statutory powers
ANAO Report No 43: 08 June 2021
The objective of the audit was to assess the effectiveness of the Australian Federal Police’s framework to ensure the lawful exercise of powers in accordance with applicable legislation. More...
Responding to non-compliance with biosecurity requirements
ANAO Report No 42: 07 June 2021
The objective of the audit was to assess the Department of Agriculture, Water and the Environment’s effectiveness in responding to non-compliance with plant and animal biosecurity requirements. More...
Why did sexual assault reports spike in March 2021
BOSCAR Bureau Brief No. BB155: 10 June 2021
The number of sexual assault incidents recorded by NSW Police jumped dramatically in March 2021, up 46 per cent from February 2021 and 65 per cent from March 2020. The sharp increase most likely reflects a temporary increase in victim willingness to report sexual assault due to heightened public attention on sexual assault and consent (rather than an increase in prevalence). More...
Douglas v Secretary, Department of Education [2021] NSWIRComm 1044
PUBLIC SECTOR DISCIPLINARY APPEAL – School Learning Support Officer dismissed – non-disclosure order – sustained allegations of misconduct involving a nine year old special needs student – inappropriate physical contact.
Dubow v Mid-Western Regional Council [2021] NSWSC 699
CIVIL PROCEDURE — commencement of proceedings — summons — prejudice to defendant arising from an extension of time for filing would not be substantial — no significant delay — time for filing the further amended summons extended pursuant to Uniform Civil Procedure Rules 2005 (NSW), r 59.10 ADMINISTRATIVE LAW — judicial review — relief sought pursuant to s 69 of the Supreme Court Act 1970 (NSW) — whether the impounding and sale of the plaintiff’s alpacas complied with the relevant statutory provisions — power under s 116(3) does not depend on the commencement, or result, of criminal proceedings — proceedings in the Local Court and NCAT do not operate as an automatic injunction restraining the defendant from exercising its statutory powers against the plaintiff’s alpacas — filing a summons in this Court does not prevent the sale of the plaintiff’s alpacas — further amended summons dismissed.
North Parramatta Residents Action Group v Infrastructure NSW [2021] NSWLEC 60
JUDICIAL REVIEW Minister grants development consent to Powerhouse Parramatta original development application proposes demolition of “Willow Grove” and “St George’s Terrace”, local heritage items listed in the Parramatta Local Environmental Plan 2011 development modified during environmental impact statement (EIS) submission and consideration process proposed demolition of “St George’s Terrace” abandoned final proposal envisages “Willow Grove” will be disassembled and re erected at another site North Parramatta Residents Action Group challenges validity of consent adequacy of EIS interaction between cl 7 of Sch 2 of the Environmental Planning and Assessment Regulation 2000 with the Secretary’s Environmental Assessment Requirements (SEARs) extent of requirement to examine feasible alternative sites
AQG v Secretary, Department of Customer Service [2021] NSWCATAD 167
ADMINISTRATIVE REVIEW – Privacy – where respondent applied for summary dismissal of applicant’s application - scope of applicant’s application – whether application sought review of conduct which was not the subject of an internal review application.
Coppock v Willoughby City Council [2021] NSWCATAD 166
ADMINISTRATIVE LAW – access to government information – access application – conclusive presumption against disclosure – legal professional privilege – excluded information ADMINISTRATIVE LAW – access to government information – access application – public interests in favour of disclosure – public interests against disclosure– whether overriding public interest against disclosure.
O’Grady v Sutherland Shire Council [2021] NSWCATAD 165
GIPA - Government Information (Public Access) Act 2009 – s. 101 – extension of time – reasonable excuse.
Decision restricted [2021] NSWSC 657
CRIMINAL PROCEDURE — sentence proceedings — reasons for sentence — pronouncement of sentence SENTENCING — federal offences — three offences of conspiracy to cause an offer of a bribe to a foreign official contrary to ss 11.5(1) and 70.2(1)(a)(iv) of the Criminal Code Act 1995 (Cth) — relevant factors on sentence — objectively serious and within the mid-range — damage caused by corruption of public officials — past and future assistance given by the company to authorities — need for general and specific deterrence — general deterrence achieved by rewarding a self-reporting company who assists investigating and prosecuting authorities — the company’s self-reporting and its response to the offending suggests remorse and contrition, and a desire to set about its own rehabilitation — consideration of delay SENTENCING — penalty for body corporate — determination of the maximum penalty — the meaning of “benefit” in s 70.2(5)(b) of the Criminal Code Act 1995 (Cth) — consistent with the legislative intention, benefit means net benefit — discount for guilty plea, past assistance and an undertaking to provide future assistance.
Mawas v State Parole Authority & Anor [2021] NSWSC 652
ADMINISTRATIVE LAW – ground of review other than procedural fairness – unreasonableness – Decision of State Parole Authority to revoke parole where offender had been charged with offences – Application of s170A Crimes (Administration of Sentences) Act 1999 (NSW) ADMINISTRATIVE LAW – threshold test for procedural fairness – regular practice – requirements of State Parole Authority when revoking parole
Early Childhood Education Australia Pty Ltd v Secretary, Department of Education [2021] NSWCATAD 161
ADMINISTRATIVE LAW - Education and Care Services National Law – review of decision to cancel provider approval - fit and proper person - breach of approval condition - alternative measures available to the decision maker - new approval conditions imposed
Coote v Blacktown City Council [2021] NSWCATAD 160
ADMINISTRATIVE REVIEW – government information – access application – complaint made to Council – access to name and details of complainant- whether overriding public interest against disclosure
Regulations and other miscellaneous instruments
Annual Holidays Regulation 2021 (2021-288) — published LW 18 June 2021
Duties Act 1997 — Notice of Adjusted Amounts Under Section 33AF of Duties Act 1997 (2021-290) — published LW 18 June 2021
Better Regulation Legislation Amendment Act 2019 No 23 (2021-269) — published LW 11 June 2021
Charitable Fundraising Amendment Act 2018 No 64 (2021-270) — published LW 11 June 2021
Regulations and other miscellaneous instruments
Charitable Fundraising Regulation 2021 (2021-272) — published LW 11 June 2021
Oaths Amendment (Identification) Regulation 2021 (2021-274) — published LW 11 June 2021
Government Sector Finance Act 2018 — Treasurer’s Direction TD21-02 - Mandatory Annual Returns to Treasury (2021-268) — published LW 7 June 2021
Uniform Civil Procedure (Amendment No 97) Rule 2021 (2021-279) — published LW 11 June 2021
Victims Rights and Support (Victims Support Levy) Notice 2021 (2021-280) — published LW 11 June 2021
Bills introduced – 11 June 2021
Government
Electoral Legislation Amendment (Local Government Elections) Bill 2021
Families, Communities and Disability Services Miscellaneous Amendment Bill 2021
Non-Government
Anti-Discrimination Amendment (Religious Vilification) Bill 2021
Bills revised following amendment in Committee
Law Enforcement Conduct Commission Amendment (Commissioners) Bill 2021
Mandatory Disease Testing Bill 2021
Bills passed by both Houses of Parliament
Law Enforcement Conduct Commission Amendment (Commissioners) Bill 2021
Mandatory Disease Testing Bill 2021
Prevention of Cruelty to Animals Amendment Bill 2021
Bills assented to
Mandatory Disease Testing Act 2021 No 13 — Assented to 17 June 2021
Law Enforcement Conduct Commission Amendment (Commissioners) Act 2021 No 14 — Assented to 17 June 2021
Prevention of Cruelty to Animals Amendment Act 2021 No 15 — Assented to 17 June 2021
For the full text of Bills, and details on the passage of Bills, see Bills.
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 newsletter is accurate at the date it is received or that it will continue to be accurate in the future.
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