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NSW Government Bulletin

30 March 2022

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NSW Government Bulletin

In the media

"Real venom'': Federal government extends NSW flood relief after pressure from local MPs
The federal government has agreed to extend disaster funding to flood-hit parts of the New South Wales north coast after state government MPs and local mayors lined up to blast the commonwealth over its initial decision to exclude some areas from the extra payments (17 March 2022).  More...

Activists dismiss NSW government crackdown on Sydney port protests
The New South Wales government announced that it would ramp up its response to protests by the climate group Blockade Australia, including the creation of a strike force aimed at disrupting activists, increased penalties and possible jail time (24 March 2022).  More...

NSW government set to delay mega projects amid COVID-19 pressures
The NSW government is preparing to delay several multi-billion dollar mega projects due to rapidly escalating costs and labour shortages, leaving commuters on Sydney's northern beaches and in fast-growing suburbs around Olympic Park facing slower journeys for years longer than originally promised (28 March 2022).  More...

Major Great Western Highway upgrade could destroy historic Aboriginal places
Thousands of years of sacred Aboriginal history could be paved over during multi-billion-dollar Great Western Highway upgrades in New South Wales (29 March 2022).  More...

Practice and courts

Commonwealth

AAT Bulletin Issue No. 6/2022 21 March 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.

Migration Practice Note (MIG-1)
This practice note outlines arrangements for the management within the ACLHR National Practice Area of the National Court Framework of applications and appeals in the Court that concern decisions under the Migration Act 1958. Read more here.

Security Legislation Amendment (Critical Infrastructure Protection) Bill 2022 update 25 March 2022
The Parliamentary Joint Committee on Intelligence and Security has completed their review of the Security Legislation Amendment (Critical Infrastructure Protection) Bill 2022 and handed down their report. Read more here.

NSW

Supreme Court of NSW Court of Appeal Decisions Reserved as at 25 March 2022. Read more here.

Published – articles, papers and reports

2022 Critical Minerals Strategy
This updated strategy builds on the first Critical Minerals Strategy published in 2019 by the Department of Industry, Science, Energy and Resources. It has a vision to put Australia at the centre of meeting the growing demand for critical minerals. Read more here.

Crypto asset secondary service providers: Licensing and custody requirements – consultation paper
This consultation paper outlines the Government’s proposed approach to licensing crypto asset secondary service providers and crypto custody requirements. Read more here.

Distribution guidelines for ancillary funds – consultation paper
The consultation paper seeks feedback on proposals to provide greater flexibility to ancillary funds while preserving their philanthropic nature. Read more here.

Indirect employment in aged care: Issues paper
The Productivity Commission will undertake a study to examine employment models in aged care, and the effects that policies and procedures to preference the direct employment of aged care workers would have on the sector. Read more here.

Cases

DYH v Public Guardian [2022] NSWCATAD 102
ADMINISTRATIVE LAW – review of decision of public guardian as to accommodation – leave to amend an application where there has been no internal review – application to join a party.
PRACTICE AND PROCEDURE – stay of the decision – factors relevant to exercise of the power to stay decision under section 43 of the Civil and Administrative Tribunal Act 2013 (NSW).

O’Brien v Secretary, Department Communities and Justice [2022] NSWCATAD 100
ADMINISTRATIVE LAW – Government Information (Public Access) Act – GIPA – decision that documents not held – reasonable searches – information by private sector contractors – meaning of provision of services – whether information held – whether agency has right of access to information – s 121 GIPA Act – whether GIPA Act applies or overrides contract that predates GIPA Act – copyright – whether overriding public interest considerations enlivened.

Friends of Gardiner Park Inc v Bayside Council [2022] NSWLEC 22
JUDICIAL REVIEW – determinations to upgrade sports fields in heritage-listed park – whether development consent required – consent required for demolition of a building or heritage item – whether “demolition” – development for purpose of recreation area may be carried out without consent – whether development for that purpose – duty to assess environmental impact of activity – assessment of heritage impacts – whether miscarried – modification of activity – whether assessment of modified activity or only modifications.

Australian Education Union, NSW Teachers Federation Branch v New South Wales Department of Education [2022] NSWCATAD 97
ADMINISTRATIVE LAW – administrative review – government information – Cabinet information – document that reveals or tends to reveal the position a Minister has taken, is taking, will take, is considering taking or has been recommended to take on a matter in Cabinet – reasonable grounds.

Cessnock City Council v EMF [2022] NSWCATAP 72
ADMINISTRATIVE LAW – privacy – Privacy and Personal Information Protection Act 1998 (NSW) – Information Protection Principles – IPP 10 limits on use of personal information – Local Government Act 1993 (NSW) s 440AA – obligation of local council to comply with Code of Conduct procedures – whether reference in Code of Conduct Procedures to “routine complaints management processes” required Council’s General Manager to refer complaint addressed to General Manager and marked “confidential – attention of addressee only” to Council’s Public Officer.

Walker v SafeWork NSW [2022] NSWCATAD 94
ADMINISTRATIVE LAW – administrative review – government information – confidential information – secrecy provision – effective exercise of agency’s functions – whether overriding public interest against disclosure.

NSW Electoral Commission v Kempsey Shire Council (No 2) [2022] NSWSC 282
JUDICIAL REVIEW – challenge to three local government elections – failure of technology assisted voting on election day – small number of voters disenfranchised – disproportionate effect on election due to use of proportional system of voting – standing of Electoral Commissioner to make application – whether breach of Local Government Act in conduct of election – test of materiality of breach to outcome – approach to determining materiality to outcome – whether materiality assessed by attempting to model disenfranchised voters’ likely voting intentions by reference to voting patterns of other voters – whether materiality assessed by comparison between number of disenfranchised voters and margins between elected and non‑elected candidates and margins between excluded and non‑excluded candidates – relief – whether elections should be declared wholly void or only void in respect of the election of particular councillors – election of at least one candidate in each contest was directly affected – interrelationship between election of candidates under proportional representation – inappropriate to impose on electorate Councillors elected under two different electoral systems – relief – discretion – whether discretion to declare elections void should not be exercised on account of cost and dislocation of new election to the affected Councils – whether discretion to declare elections void should not be exercised on account of effect on candidates – discretion to declare void will be exercised – making of declaration deferred to allow for contingencies affecting conduct of elections – Electoral Commissioner to advise Court of any proposal to address wasted costs of successful and unsuccessful candidates.

Legislation

Commonwealth

Acts compilation

Superannuation Industry (Supervision) Act 1993
25 March 2022 – Act No. 78 of 1993 as amended.

Agricultural and Veterinary Chemicals Code Act 1994
25 March 2022 – Act No. 47 of 1994 as amended.

A New Tax System (Family Assistance) (Administration) Act 1999
24 March 2022 – Act No. 81 of 1999 as amended.

Designs Act 2003
24 March 2022 – Act No. 147 of 2003 as amended.

Superannuation Act 1990
24 March 2022 – Act No. 38 of 1990 as amended.

Agricultural and Veterinary Chemicals (Administration) Act 1992
23 March 2022 – Act No. 262 of 1992 as amended.

Payment Times Reporting Act 2020
22 March 2022 – Act No. 91 of 2020 as amended.

Social Security (Administration) Act 1999
18 March 2022 – Act No. 191 of 1999 as amended.

Australian Securities and Investments Commission Act 2001
18 March 2022 – Act No. 51 of 2001 as amended.

Taxation Administration Act 1953
17 March 2022 – Act No. 1 of 1953 as amended.

Age Discrimination Act 2004
17 March 2022 – Act No. 68 of 2004 as amended.

Federal Court of Australia Act 1976
17 March 2022 – Act No. 156 of 1976 as amended.

Retirement Savings Accounts Act 1997
15 March 2022 – Act No. 61 of 1997 as amended.

NSW

Acts compilation

COVID-19 and Other Legislation Amendment (Regulatory Reforms) Act 2022
24 March 2022 – Act No 5, 2022.

Health Legislation (Miscellaneous) Amendment Act 2022
24 March 2022 – Act No 6, 2022.

Bills
Greater Cities Commission Bill 2022 – 23 March 2022.
Home Building Amendment (Medical Gas Licensing) Bill 2022 – 23 March 2022.
Mining and Petroleum Legislation Amendment Bill 2022 – 22 March 2022.
State Revenue and Fines Legislation Amendment (Miscellaneous) Bill 2022 – 23 March 2022.
Biodiversity Conservation Amendment (Kangaroo Protection) Bill 2022 – 23 March 2022.
Electoral Amendment (Voting Age) Bill 2022 – 23 March 2022.
Residential Tenancies Amendment (Tenant Protections and Flood Response) Bill 2022 – 24 March 2022.

Proclamations commencing Acts
Crimes Legislation Amendment (Loss of Foetus) Act 2021 No 36 – LW 18 March 2022.
Drug Supply Prohibition Order Pilot Scheme Act 2020 No 39 – LW 18 March 2022.

Regulations and other miscellaneous instruments
Environmental Planning and Assessment Amendment (Western Sydney Aerotropolis Special Contributions Area) Order 2022 – LW 25 March 2022.
Motor Accident Injuries (Indexation) Amendment Order 2022 – LW 25 March 2022.
Roads Amendment (Major Bridges and Tunnels) Regulation 2022 – LW 24 March 2022.
Workers Compensation (Indexation) Amendment Order 2022 – LW 22 March 2022.
Administrative Arrangements (Administrative Changes–Miscellaneous) Order (No 2) 2022 – LW 16 March 2022.
Environmental Planning and Assessment (Savings, Transitional and Other Provisions) Amendment (Modifications) Regulation 2022 – LW 18 March 2022.
Jury Amendment (Additional Jurors) Regulation 2022 – LW 18 March 2022.
Local Government (General) Amendment (Minimum Amounts of Rate) Regulation 2022 – LW 18 March 2022.
Referable Debt Order – LW 18 March 2022.
Sydney Water (Stormwater Drainage Areas) Amendment Order 2022 – LW 18 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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