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NSW Government Bulletin

31 August 2022

#Government, #Data & Privacy

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NSW Government Bulletin

Innovation and disruption in supply chains – finding maximum advantage 

Whenever there’s a ‘push’, such as a global financial crisis, or pandemic, we see significant change. In the next three years, we will experience this change. Add changing technology and geo-political uncertainty into the mix and these changes are forever.

Supply chains are an example of a ‘forever’ change. Supply chains effect every business and consumer. Whilst dynamic at the best of times, the effect of the pandemic, technology and politics is transforming and will continue to transform supply chains.

Managing these changes and their impact on economies and societies, in particular encouraging innovative solutions, present a challenge to local and international regulators.

The pandemic

We still don’t know the true transformative effects of the pandemic. However, at the very least, it has fractured globalisation. While people couldn’t travel, freight continued to and often with renewed urgency and in greater volumes. The human element was often the ‘weak link’ in supply chains with healthy labour at (and remaining at) a premium.

The effects of the pandemic have been exacerbated globally by the Chinese government’s ‘zero-COVID’ policy by which it has tried to eradicate COVID altogether, rather than reach an uneasy accommodation with the disease as much of the West has done.

This has had a dramatic impact on the export of Chinese manufactures and the efficiency of Chinese ports. These disruptions have had a domino effect particularly on the world’s shipping fleet, reducing the availability of products and pushing up the prices (including through increased freight rates) of those products which are still available. 

Technology – Surfing the digital tsunami

Where people are fragile, technology is less so. New technologies are and will increasingly be, instrumental in supply chains; resilience is now key, alongside efficiency; ensuring that supply chains can withstand shocks, so that food, fuel and medicine will continue to reach the consumer.

There is a digital transformation taking place. The CSIRO is describing it as a ‘digital tsunami’[1]. Supply chains will be at the centre of this transformation with much of it originating here in Sydney. Wisetech Global is an Australian logistics technology company with a global reach. Its innovative technology platforms are being developed in Sydney and deployed to logistics companies globally. Its products have the potential to be transformative to international supply chains including with the development of electronic bills of lading (eBL). The growth of companies such as WiseTech Global (alongside Atlassian) in Sydney is not to be underestimated. Sydney is fast developing as a hub for new and innovative technologies. 

The other technology ‘pushing’ supply chains is decarbonisation. Of all the sectors of the economy, the transport sector offers significant decarbonisation opportunities.

Shipping is already undergoing a transformation to new and innovative fuels, including the opportunity to power the world’s fleet with ‘green’ ammonia, produced renewably in Australia. Many Australian ports (including Newcastle and Port Kembla) are actively exploring opportunities presented by hydrogen.

This transformation in shipping has been engineered by regulators, with the International Maritime Organisation (IMO) and the European Union taking active steps to require the decarbonisation of shipping.

The IMO has adopted key short-term measures aimed at cutting the carbon intensity of all ships by at least 40 per cent by 2030.

Land transport is similarly looking to the future, in what is a slightly more complex process, with local regulators having to take the lead in the absence of international regulators.

In this instance, should rail be preferenced (for people and freight) due to its lower carbon footprint? What would that look like? How could that be achieved? What are the implications for national supply chains and the massive infrastructure (both human and built) that supports them?

Can trucks use lower emission technology (in the short term) or run on electricity (in the longer term)? What would this transition look like? How should it be directed?

What implications does that have for road pricing? Should the true cost of carbon be factored in to incentivise lower carbon forms of transport? Should competition laws be set aside or modified to optimise the movement of freight? 

More broadly, transport infrastructure has been developed to accommodate the internal combustion engine. The inevitable transition towards electric vehicles for freight and passengers will require a radical re-think around how transport infrastructure is designed and delivered.

In a significant development, both Germany and France have passed ‘ESG Due Diligence’ laws. These laws require companies to monitor Environment, Social and Governance (ESG) factors in their supply chains. Penalties for breaching these laws are substantial. These laws will potentially impact Australian businesses which are subsidiaries of German and French companies, as well as companies which trade with or supply German and French companies.

These European ESG laws have a similar model to the Australian Heavy Vehicle National Law (HVNL) under which responsibility for heavy vehicle safety is shared across supply chains. It is entirely conceivable that Australian legislature will eventually upgrade current ESG legislation (applying for example to Modern Slavery and Greenhouse Gas Emissions) to more closely resemble the European model.

Geo-Politics

The third transformative disruption underway is geopolitical.

For much of this century the Australian economy has grown alongside the Chinese economy as a supplier of raw materials; a consumer of Chinese products and a safe haven for Chinese investment, tourism and education.

However changes have occurred, with the consensus now being that the Australian economy must diversify. Australian state and federal governments are now making renewed efforts to develop alternative markets, for example by increasing trade with India. Whilst worthy and perhaps necessary, these market building exercises require significant investment of both time and money, often with uncertain results. 

As for supply chains, ‘just in time’, the supply-chain mantra of the late 20th and early 21st century, has been replaced with ‘just in case’. The economic theory of ‘comparative advantage’ requires global free markets to operate in real-time. In reality, Australia’s reliance on imported energy and medicine (to name but two) now leaves us feeling exposed. The eponymous Procurement Manager; whose role was to source the ‘best products at the best price’ is no longer enough. They are now required to diversify suppliers to ensure adequate stock levels are maintained in anticipation of disruptions to the manufacturing process. 

Conclusion

Whilst markets and consumers are at the frontline of supply chain disruption, governments and regulators must also be attentive and responsive, particularly where disruptions are a result of factors relating to public policy.

All parties must be attentive as to the opportunities presented by this disruption, which is likely to be profound and long-lasting.

Innovation will be key. This will require close co-operation and understanding between government and industry to navigate and take full advantage of a profoundly disruptive period.

Author: Geoff Farnsworth

[1] https://research.csiro.au/tf/

In the media

Australian-first cyber centre to safeguard police network
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New home of sport and entertainment opens
More than 50,000 people will flock to the brand-new Allianz Stadium for the very first time today with a free community day and night, before the biggest names in sport and entertainment kick off a spectacular opening series of events (28 August 2022).  More…

Perrottet government faces challenge from new wave of teals in NSW’s 2023 state election
The Perrottet government will face a wave of community-based independent candidates at the next state election running on platforms of integrity in NSW politics, sustainability and local development issues. (28 August 2022).  More…

Sydney rail union dispute could go into 2023 under ‘worst-case scenario’, NSW transport minister says
The New South Wales transport minister, David Elliott, has warned that industrial action that has crippled Sydney’s rail network could continue for another six months under a “worst-case scenario”. (26 August 2022). More…

Mungo Man reburial investigation clears NSW government despite backlash from traditional owners
A report commissioned by the NSW government in May 2022 found that the 46,000 year old remains of the indigenous man were re-interred despite the Baakanjti-Paakantyi and Mutthi Mutthi bringing a legal challenge to halt the reburial. The Department of Planning and Environment stated that the remains were buried according to conditions approved by the Commonwealth (25 August 2022).  More...

NSW government forced to spend $1.9bn bailing out workers’ insurance scheme icare
The NSW government budget estimates reveal that the government has spent another $1.9bn to provide financial support to icare, the state insurance scheme. The funds were used to assist icare with the market environment and to help the insurance scheme respond to various injuries workers were claiming under the scheme (22 August 2022).  More...

More opportunities to get skilled for free
NSW residents seeking the opportunity to get skilled can access fee-free training through to the end of July 2023.  JobTrainer has had its funding extended through the 2022-2023 financial year. “The funding will target in-demand industries such as community services, including aged care and disability support, hospitality, agriculture and digital technology” said the Minister for Skills and Training, Alister Henskens. (22 August 2022) More...

Government builds on Housing Taskforce response
The NSW Government will accept all 15 recommendations put forward by the Regional Housing Taskforce to help deliver improved housing supply and affordability in regional NSW. (25 August 2022).  More…

Practice and Courts

Review of Model Defamation Provisions
The NSW Department of Communities and Justice have released Stage 2 Review of Model Defamation Provisions for submissions. Stage 2 is aimed at internet intermediary liability in defamation for publications of third-party materials. Submissions are open until 9 September 2022. Read more here.

AAT Bulletin Issue No. 17/2022
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 (22 August 2022) Read more here.

Supreme Court of NSW Court of Appeal – Decisions Reversed as at 26 August 2022. Read more here.

Published – articles, papers and reports

Follow the Dollar reform in NSW
The NSW Treasury has published a consultation paper regarding the proposal of granting the NSW Auditor-General the power to undertake performance audits of public resources, such as public money, given to private entities that provide goods or services on behalf of the NSW government and local governments. Responses are invited until 7 September 2022. Read more here.

M5 Motorway westbound traffic upgrade
Motorists travelling westbound on the M5 Motorway through Moorebank currently experience traffic congestion in the afternoon peak. The NSW Government is planning to ease congestion and improve safety on the M5 Motorway westbound between Moorebank Avenue and Hume Highway. Consultation is open from 29 August to 29 September 2022. Read more and have your say here.

State Environmental Planning Policy (Sustainable Buildings) 2022
The new State Environmental Planning Policy (Sustainable Buildings) 2022 encourages the design and delivery of more sustainable buildings across NSW. It sets sustainability standards for residential and non-residential development and starts the process of measuring and reporting on the embodied emissions of construction materials (29 August 2022). Read the policy here.

Feedback on the Landholder Negotiation Framework discussion paper
The NSW Department of Planning and Environment has published the feedback on a discussion paper released in March 2022 regarding the development of a Landholder Negotiation Framework, which sets out a framework in NSW for negotiating with landholders that are affected by higher flow deliveries (22 August 2022). Read more here

2022 NSW Flood Inquiry
In March 2022, the NSW Government commissioned an independent expert inquiry into the preparation for, causes of, response to and recovery from the 2022 catastrophic flood event across the state of NSW. The Full Report has now been published (18 August 2022). Read the report here.

Report of the Office of Transport Safety Investigations entitled "Bus Safety Investigation Report - Bus Fire MO5103 Campbelltown, NSW", dated 16 August 2021
OTSI is an independent NSW authority which contributes to the safe operation of bus, ferry and rail passenger and rail freight services in NSW by investigating safety incidents and accidents and transport safety risks, identifying system-wide safety issues and sharing lessons with transport operators, regulators and other stakeholders. This report provides an insight into the fire of bus MO5103 which caught fire in Campbelltown in August 2021. Read the report here.

Government Response to Report No. 11 of the Public Accountability Committee entitled "Further inquiry into the regulation of building standards", tabled 25 February 2022
The NSW Government welcomed the Legislative Council Public Accountability Committee’s ‘Further inquiry into the regulation of building standards’, which acknowledges the significant work of the NSW Government to lift the quality of design and building work in NSW and to hold all participants in the NSW construction sector accountable for the work that they do. Read the response here.

Report No. 1 of Select Committee on Puppy Farming in New South Wales entitled "Puppy farming in New South Wales", dated August 2022
The Hon Emma Hurst MLC introduced the Companion Animals Amendment (Puppy Farms) Bill 2021 into the Legislative Council on 13 October 2021 seeking to tighten the legislative requirements around cat and dog breeding. This inquiry was established at the end of November 2021 to consider the bill and the broader issue of puppy and kitten farming in New South Wales. Read the report here.

Cases

Alramon Pty Ltd v City of Ryde Council [2022] NSWLEC 108
EASEMENT – grant of easement over council owned land used for car park not reasonably necessary for the effective use of the Applicants’ land – Court satisfied that grant of easement not inconsistent with the public interest of use of the land to be benefitted – Court not satisfied that the owner of burdened land can be adequately compensated – Court not satisfied that reasonable attempts to obtain easement or one having the same effect made DEVELOPMENT APPLICATION – approval of centre-based childcare facility dependent on grant of easement for access over council owned land used as car park – access over council owned land prohibited development in SP2 zone – grant of development consent with deferred commencement condition not consistent with Mison principles

Choi v NSW Ombudsman [2022] NSWCATAD 292
ADMINISTRATIVE LAW – administrative review – Government information – Procedural fairness – Application to appoint a McKenzie Friend – Validity of an instrument of delegation – Jurisdiction – Whether the respondent has power to review the respondent’s decision – Excluded documents under cl 2 sch 2 of the GIPA Act

Collaroy Street Pty Ltd v Northern Beaches Council [2022] NSWLEC 1448
MODIFICATION APPLICATION – shoptop housing development – residential apartment development – agreement between the parties – orders

DYD v Commissioner of Police [2022] NSWCATAD 277
ADMINISTRATIVE REVIEW – Government Information (Public Access) Act – part of the original Tribunal decision remitted to Tribunal for reconsideration – identifying the specific public interest considerations for disclosure for each of the relevant information – application of Item 3(g) of the table attached to s 14 GIPA Act – reconsideration and rebalancing of the public interest considerations for and against disclosure

FGW v Department of Communities and Justice [2022] NSWCATAD 291
HUMAN RIGHTS — equal opportunity — whether leave required for complaint to proceed — principles applying to grant of leave. Anti-Discrimination Act 1977 (NSW); Children and Young Persons (Care and Protection) Act 1988 (NSW)

Galle v Chief Commissioner of State Revenue [2022] NSWCATAD 285
TAXES AND DUTIES — Surcharge purchaser duty — whether transferee a “foreign person” — whether temporary visa means person is subject to a limitation as to time imposed by law and not “ordinarily resident”

Holt Avenue Cremorne Pty Ltd v North Sydney Council [2022] NSWLEC 1248
INTERIM HERITAGE ORDER: appeal against the making of an interim heritage order – assessing heritage significance – whether item is likely to be found of local heritage significance; Heritage Act 1977; Land and Environment Court Act 1979; Local Government Act 1993; Mosman Local Environmental Plan 2012; North Sydney Local Environmental Plan 2013; Uniform Civil Procedure Rules 2005

James and Secretary, NSW Department of Communities and Justice [2022] NSWCATAD 280
HUMAN RIGHTS - Victimisation – Detriment – Statutory Defence – Remedies – Orders pursuant to s108(2)(a)(b) and (c) – Damages arising out of found victimisation claim, appropriate award of damages for hurt feelings and psychological injury – Order enjoining the respondent from continuing or repeating unlawful conduct – Order to redress any loss or damage suffered by the complainant. Anti-Discrimination Act 1977 (NSW); Australian Human Rights and Commission Act (Cth); Civil and Administrative Tribunal Act 2013 (NSW); Government Sector Employment Regulation 2014 (NSW); Work Health and Safety Act 2011 (NSW)

O’Loughlin v Commissioner for Fair Trading [2022] NSWCATAD 281
ADMINISTRATIVE LAW – administrative review – licensing – endorsed contractor licence – restoration of authority – whether failure to renew due to inadvertence – whether just and equitable to allow restoration of authority – whether Applicant meets requirements for issue of licence – application of Instrument –qualifications

Pryor v Northern Beaches Council [2022] NSWLEC 1443
DEVELOPMENT APPLICATION – dwelling - stormwater management – amend conditions of consent - breach in height development standard – cl 4.6 request for variation of standard - conciliation conference conciliation conference – agreement between the parties – orders

Redwin Investments Pty Ltd v Minister for Planning [2022] NSWLEC 1444
DEVELOPMENT APPLICATION – tourist accommodation in Thredbo Alpine Resort – conciliation conference – agreement between parties —order]

Shoostovian v Commissioner for Fair Trading [2022] NSWCATOD 93
HOME BUILDING ACT – Fit and Proper person – whether person of good repute – disqualification – consumer protection – seriousness of offending

Ugur v Public Guardian [2022] NSWCATAD 279
ADMINISTRATIVE LAW – Guardianship – Decision of Public Guardian – Review under 80A – whether internal review – application for extension of time to bring application - whether proceedings futile – whether misconceived and/or lacking in substance

Zonnevylle v Secretary, Department of Education [2022] NSWCATAP 274
APPEALS – Application for leave to record directions hearing independently of Tribunal made pursuant to s 9 of the Court Security Act 2005 (NSW) – recusal application for bias on basis reasons for decision to refuse that application alleged to be pre-prepared. Civil and Administrative Tribunal Act 2013 (NSW); Court Security Act 2005 (NSW); Government Information (Public Access) Act 2009 (NSW)

Legislation

Commonwealth

Act Compilation
Child Support (Registration and Collection) Act 1988 29/08/2022 – Act No. 3 of 1988 as amended
Treasury Laws Amendment (Putting Consumers First – Establishment of the Australian Financial Complaints Authority) Act 2018 25/08/2022 – Act No. 13 of 2018 as amended
Treasury Laws Amendment (Registries Modernisation and Other Measures) Act 2020 25/08/2022 – Act No. 69 of 2020 as amended
Business Names Registration (Fees) Amendment (Registries Modernisation) Act 2020 25/08/2022 – Act No. 66 of 2020 as amended
Aged Care Quality and Safety Commission Act 2018 23/08/2022 – Act No. 149 of 2018 as amended
Aged Care Act 1997 23/08/2022 – Act No. 112 of 1997 as amended
Safety, Rehabilitation and Compensation (Defence-related Claims) Act 1988 23/08/2022 – Act No. 156 of 1988 as amended
Treasury Laws Amendment (Registries Modernisation and Other Measures) Act 2020 23/08/2022 – Act No. 69 of 2020 as amended
Social Security (Administration) Act 1999 22/08/2022 – Act No. 191 of 1999 as amended
National Consumer Credit Protection (Fees) Amendment (Registries Modernisation) Act 2020 22/08/2022 – Act No. 68 of 2020 as amended
Aged Care Quality and Safety Commission Act 2018 19/08/2022 – Act No. 149 of 2018
Military Rehabilitation and Compensation Act 2004 18/08/2022 – Act No. 51 of 2004 as amended
Administrative Appeals Tribunal Act 1975 18/08/2018 – Act No. 91 of 1975 as amended

NSW

Proclamations commencing Acts
Child Protection (Working with Children) Amendment Act 2022 No 34 (2022-475) – published LW 26 August 2022
Children's Guardian Amendment (Child Safe Scheme) Act 2021 No 30 (2022-477) – published LW 26 August 2022
Stronger Communities Legislation Amendment (Children) Act 2021 No 45 (2022-476) – published LW 26 August 2022

Regulations and other miscellaneous instruments
Betting and Racing Regulation 2022 (2022-478) — published LW 26 August 2022
Children and Young Persons (Care and Protection) Regulation 2022 (2022-479) – published LW 26 August 2022
Children’s Guardian (Amendment) Regulation (No 2) 2022 (2022-480) – published LW 26 August 2022
Civil and Administrative Tribunal Regulation 2022 (2022-481) – published LW 26 August 2022
Contaminated Land Management Regulation 2022 (2022-482) – published LW 26 August 2022
Contract Cleaning Industry (Portable Long Service Leave Scheme) (Cleaning Work) Order 2022 (2022-483) –published LW 26 August 2022
Contract Cleaning Industry (Portable Long Service Leave Scheme) Regulation 2022 (2022-484) – published LW 26 August 2022
Conveyancing (Sale of Land) Regulation 2022 (2022-485) – published LW 26 August 2022
Crime Commission Regulation 2022 (2022-486) – published LW 26 August 2022
Crimes (Administration of Sentences) Amendment (Miscellaneous) Regulation 2022 (2022-487) – published LW 26 August 2022
Drug and Alcohol Treatment Regulation 2022 (2022-488) – published LW 26 August 2022
Duties Regulation 2022 (2022-489) – published LW 26 August 2022
Final Determination (2022-490) – published LW 26 August 2022
Final Determination (2022-491) – published LW 26 August 2022
Forestry Regulation 2022 (2022-492) – published LW 26 August 2022
Game and Feral Animal Control Regulation 2022 (2022-493) – published LW 26 August 2022
Gas Supply (Safety and Network Management) Regulation 2022 (2022-494) – published LW 26 August 2022
Government Sector Finance Amendment (Departments) Regulation 2022 (2022-495) – published LW 26 August 2022
Jury Regulation 2022 (2022-496) – published LW 26 August 2022
Local Government Amendment Regulation 2022 (2022-497) – published LW 26 August 2022
Major Events Amendment Regulation 2022 (2022-474) – published LW 24 August 2022
National Electricity (New South Wales) Regulation 2022 (2022-498) – published LW 26 August 2022
NSW Self Insurance Corporation Regulation 2022 (2022-499) – published LW 26 August 2022
Place Management NSW Regulation 2022 (2022-500) – published LW 26 August 2022
Property and Stock Agents Regulation 2022 (2022-501) – published LW 26 August 2022
Public Health Regulation 2022 (2022-502) – published LW 26 August 2022
Rail Safety (Adoption of National Law) Amendment Regulation 2022 (2022-503) – published LW 26 August 2022
Referable Debt Order (2022-504) – published LW 26 August 2022
Road Transport (General) Amendment (Penalty Notice Offences) Regulation 2022 (2022-505) – published LW 26 August 2022
Superannuation Regulation 2022 (2022-506) – published LW 26 August 2022
Totalizator Regulation 2022 (2022-507) – published LW 26 August 2022
Transport Administration (Staff) Regulation 2022 (2022-508) – published LW 26 August 2022
Water Sharing Plan for the Darling Alluvial Groundwater Sources Amendment Order 2022 (2022-513) – published LW 26 August 2022
Work Health and Safety (Mines and Petroleum Sites) Regulation 2022 (2022-509) – published LW 26 August 2022

Environmental Planning Instruments
Bega Valley Local Environmental Plan 2013 (Map Amendment No 3) (2022-510) – published LW 26 August 2022
Burwood Local Environmental Plan 2012 (Amendment No 22) (2022-511) – published LW 26 August 2022
Canada Bay Local Environmental Plan 2013 (Amendment No 20) (2022-512) – published LW 26 August 2022
Lismore Local Environmental Plan 2012 (Amendment No 52) (2022-514) – published LW 26 August 2022
Mid-Western Regional Local Environmental Plan 2012 (Amendment No 28) (2022-515) – published LW 26 August 2022
Snowy River Local Environmental Plan 2013 (Amendment No 4) (2022-516) – published LW 26 August 2022
State Environmental Planning Policy (Transport and Infrastructure) Amendment (Intertrade Industrial Park) 2022 (2022-517) – published LW 26 August 2022
Sydney Local Environmental Plan 2012 (Amendment No 79) (2022-518) – published LW 26 August 2022
Wagga Wagga Local Environmental Plan 2010 (Amendment No 45) (2022-519) – published LW 26 August 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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