10 July 2025
35 min read
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“Upholding the principles and values of a government lawyer in a time of crisis requires courage and conviction.” – The Hon Justice Stephen Gageler AC.
“The first, and perhaps the most important thing to be said about ethics is that they cannot be reduced to rules. Ethics are not what the lawyer knows he or she should do: ethics are what the lawyer does. They are not so much learnt as lived.” – The Hon Sir Gerard Brennan AC KBE.
The ethical responsibilities applicable to public and private sector lawyers are fundamentally the same. However, government lawyers face particular challenges arising from the requirement to perform their role in the public interest, the conflict which can occur between law and policy, and the likelihood of public scrutiny and accountability.
Ethical issues facing government lawyers may include:
“One of the fundamental ethical duties owed by a lawyer is the avoidance of any compromise to their integrity and professional independence. A lawyer must not act as the mere mouthpiece of the client.The actions of government lawyers take on extra significance because the government is a client which has powers and obligations that far exceed those of the normal citizen” – Report of the Royal Commission into the Robodebt Scheme, chapter 19, July 2023.
The Royal Commission into the Robodebt Scheme examined the role and activities of the large in-house legal teams within the Commonwealth Department of Human Services and the Commonwealth Department of Social Services. The Commission heard evidence about the structure and culture of those legal teams and concluded: “It is apparent that the professional independence of both agencies in-house lawyers was comprised in relation to the Scheme”.
The following lessons about the professional independence of in-house government lawyers can be learned from the Robodebt Royal Commission:
Maintaining the client’s legal professional privilege is an important obligation of in-house lawyers.
The privilege protects the confidentiality of communications which have been produced for the dominant purpose of litigation or the provision of legal advice. The privilege also extends to peripheral non-legal advice provided while giving formal legal advice, but does not apply where the lawyer is retained to provide non-legal services such as policy or administrative advice. ‘Purpose’ is assessed at the time the communication is made or created.
It is important that legal advice given by in-house lawyers is clearly separated from non-legal advice and is marked with words such as ‘privileged and confidential’.
The model litigant rules applicable to the NSW Government are set out in the Model Litigant Policy for Civil Litigation, issued by the Department of Premier & Cabinet. The Policy applies to civil claims and civil litigation involving the state and its agencies, and is based on the principles of “behaving ethically, fairly and honestly to model best practice in litigation”.
The obligation to act as a model litigant, as set out in the Policy, requires the state and its agencies to act honestly and fairly in handling claims and litigation by:
However, the Policy does not prevent the state or an agency from acting firmly and properly to protect its interests. In particular, it does not prevent all legitimate steps being taken in pursuing litigation, or from testing or defending claims made against the state or an agency.
For additional guidance, government lawyers can refer to the Law Society of NSW’s Guide to Ethical Issues for Government Lawyers and A Government Lawyer’s Guide to Rules on Ethical Issues.
If you have any questions regarding this article or would like to discuss your ethical responsibilities, please get in touch with a member of our team below.
NSW failing to reduce gambling harm from pokies, auditor-general's report shows
The NSW auditor-general has delivered a damning report into the effectiveness of gaming machine regulations. The report revealed state agencies Liquor and Gaming NSW and the Independent Liquor and Gaming Authority (ILGA) had failed to focus its gaming strategy on harm minimisation. A leading charity described the system as "broken" (12 June 2025). Read more here.
NSW Govt Budget falls short for councils
Local Government NSW (LGNSW) has acknowledged some positive announcements in Tuesday’s NSW Government 2025-26 Budget papers, but says it was disappointed to see some “funding gaps” for the local government sector. “Councils across the state face ongoing cost pressures, particularly from disaster recovery and resilience-building efforts, but also due to cost shifting from the NSW Government – compounded by insufficient grants from both state and federal governments,” said LGNSW President, Phyllis Miller OAM (24 June 2025). Read more here.
Investment Delivery Authority to turbocharge business investment in NSW
The Minns Labor Government is investing $17.7 million in the 2025-26 Budget to establish and support the work of an Investment Delivery Authority. The Investment Delivery Authority will accelerate approvals for major projects across all industries, including advanced technologies and energy, and help cut through red tape, coordinate across government, and encourage investment. It is expected to assist around 30 large projects per year, bringing forward up to $50 billion of investment each year (23 June 2025). Read more here.
NSW Government commits nearly $450 Million to Closing the Gap amid ongoing criticism and calls for reform
The New South Wales government has committed $246.8 million over the next four years as part of its Closing the Gap obligations through an additional $202.4 million allocated in the 2025–26 budget. The announcement, which follows an audit last month that found governance arrangements for the National Agreement on Closing the Gap in NSW are not operating effectively, will see funding to support 14 Closing the Gap initiatives. For the first time, the budget was developed in partnership with the NSW Coalition of Aboriginal Peak Organisations (NSW CAPO) (20 June 2025). Read more here.
Equipping the workforce to build NSW homes: Record Investment in TAFE and Skills
The Minns Labor Government’s 2025-26 Budget will deliver a record $3.4 billion investment in TAFE and skills funding, as part of its plan to tackle the housing crisis by building the skilled workforce needed to construct more homes across the state. The Government is investing $40.2 million over two years towards fee free apprenticeships and traineeships which will fund an additional 23,000 construction apprenticeships, providing people with access to free training for jobs including plumbing, carpentry and electrotechnology (22 June 2025). Read more here.
Minns Labor Government passes major reforms to protect workers
The Minns Labor Government has today passed major reforms to both the Industrial Relations Act and Safety Act aims to modernise workplace protections, improve gender equality outcomes, and strengthen the jurisdiction of the Industrial Relations Commission (IRC). The changes will enhance the standards for a safe workplace, improve enforcements of these standards, including through extended evidence gathering powers, improve wage theft laws, create new standards and objectives on workplace bullying and sexual harassment in the public sector and resolve workplace safety disputes faster (27 June 2025). Read more here.
NSW Government only 4% off 2030 emissions target with new Net Zero Plan to come
The legislated climate targets for NSW are to reach 50% reduction by 2030, 70% reduction by 2035, and net zero by 2050. Latest updates from the emissions projections show a strong improvement to the state’s reductions, with NSW estimated to reduce emissions by 46% in 2030 and 62% in 2035. A new Net Zero Plan will be designed to ensure NSW can meets the 2030 & 2035 targets (26 June 2025). Read more here.
Minns Labor Government welcomes review recommendations to keep workers safe from dust diseases
The Minns Labor Government has today welcomed a report from the Law and Justice Committee’s Review of the Dust Diseases Scheme, which aims to deliver stronger protections and better support for workers affected by deadly dust diseases across New South Wales. The review focused on improving the scheme’s support for younger workers and ensuring that those diagnosed with dust diseases are treated fairly and in a way that reflects the modern needs of workers and their families (20 June 2025). Read more here.
Minns Government introduces new laws to protect the personal data of renters and penalise misleading rental ads
The Residential Tenancies (Protection of Personal Information) Amendment Bill 2025 will stop the unnecessary collection of extra personal information and help reduce the risk of identity theft and data breaches for both tenants, property technology platforms and agents, establishing a more consistent and efficient process for all parties. These reforms will address the excessive documentation and detail renters are currently being asked to provide when applying for a rental property such as personal photos, social media account details, relationship details, information about their children, and even the number of tattoos a prospective renter has (29 June 2025). Read more here.
NSW Government pledges $1bn guarantee to fast-track home construction
The NSW Government has set aside $1 billion to underwrite new housing projects in the state. Treasurer Daniel Mookhey revealed the plan as part of this year’s budget, promising to accelerate the delivery of up to 15,000 extra homes over the next five years. “These are the projects that will add more low to medium density housing in neighbourhoods people love to live in – the most challenging projects to deliver under current market conditions,” Mookhey said (24 June 2025). Read more here.
NSW commits $2.1B to speed up transmission for renewables
The NSW Government will invest a landmark $2.1 billion in the Transmission Acceleration Facility (TAF) to help connect its five Renewable Energy Zones (REZs) across the state. The Transmission Acceleration Facility is expected to significantly expedite the development of key Renewable Energy Zones (REZs), including the Central West Orana, New England, Hunter-Central Coast, Illawarra and South West regions. These areas will be pivotal in supporting the growth of wind and solar generation, and the government’s landmark funding will make it faster and more efficient to connect new projects to the grid (25 June 2025). Read more here.
$125.8 million to future-proof NSW Police Force cyber systems and fund specialist equipment
The investment will ensure police have the best resources available to continue to stay three steps in front of cyber criminals, disrupt threats and ensure the organisation’s sensitive data, and in turn the public, remain safe. It is crucial that the NSWPF stay up to date on cybersecurity to protect sensitive data, ensure public trust, and defend against evolving threats that could disrupt essential services (18 June 2025). Read more here.
Changes to strata laws
The NSW Government is making changes to strata laws to deliver improvements for people who own or live in strata. This includes strata properties such as apartments, townhouses, villas, and many duplexes. New laws for all NSW strata schemes started on 1 July 2025, with further reforms being rolled out from later in 2025. There are some new and changing requirements for strata schemes, as well as benefits for owners, such as easier approvals for minor renovations. The new laws deliver recommendations from the 2021 statutory review of strata laws (1 July 2025). Read more here.
Artificial Intelligence Use in the Federal Court of Australia
The Law Council of Australia provided a submission to contribute to the Federal Court of Australia’s consultation on the use of artificial intelligence (AI) in the Court. The advancement of AI, particularly GenAI, continues to be rapid. There are innumerable opportunities and benefits that AI brings to the community and the legal system. However, there are a range of risks associated with GenAI use in legal practice (16 June 2025). Access the Submission here.
Statement on Bail by Chief Justice of New South Wales
Our criminal justice system takes as its starting point the fundamental proposition that an accused person is innocent until proven guilty and, generally speaking, should not be deprived of his or her liberty unless and until found guilty by a judge or a jury. Decisions to grant or refuse bail are regularly the subject of media coverage. This Statement is designed to facilitate public understanding of the operation of the bail laws in New South Wales (27 May 2025). Access the Statement here.
I am; therefore, I think: establishing a corporation’s state of mind
Corporate consciousness has become an increasingly ubiquitous legal fiction across corporate legal doctrine but, until recently, it suffered a degree of ambiguity. Recently, the High Court has clarified that the relevant actions and intentions can be attributed to the corporation directly from its systems rather than from any natural person in an appropriate case (6 June 2025). Read more here.
Settled yet unpredictable: recent cases on apprehended bias
The ‘double might’ test remains the benchmark for apprehended bias in Australian law, requiring that a fair-minded lay observer might reasonably apprehend that a judge might not bring an impartial mind to a case. However, novel circumstances continue to challenge that doctrine and recent cases indicate the unpredictable ways in which apprehended bias might impact litigation (6 June 2025). Read more here.
Strangers at the gates: claims against solicitors by non-clients
Solicitors should be alive to the risk of third-party claims when framing their communications with other parties, especially those who do not have a solicitor acting. There are two main ways in which third parties seek to impose liabilities on solicitors: the misleading or deceptive conduct provisions of the Australian Consumer Law, and accessorial liability in a variety of legislative and general law contexts (6 June 2025). Read more here.
Scandalising the Court
The role of lawyers and media in criticising the judiciary is a contentious one in Australia and other democratic nations. The consequences of doing so are dependent on the manner in which this criticism is expressed, the content of it, and the perceived effect on the carriage of justice. Per the Judicial Commission of NSW Criminal Trial Courts Bench Book, “Scandalising the court refers to conduct which denigrates judges or the court so as to undermine public confidence in the administration of justice”(24 June 2025). Read more here.
The countdown is on for automated decision making transparency requirements
Entities regulated by the Privacy Act 1988 (Cth) have until 10 December 2026 to update their privacy policies with information about automated decision making which may significantly affect individuals’ rights or interests. Legal professionals advising private sector entities and Australian Government agencies will need to be familiar with transparency requirements in order to ensure privacy policies are updated ahead of the deadline (6 June 2025). Read more here.
Merger Reform Cost Recovery Fees Consultation
The Competition and Consumer Committee of the Business Law Section (the Committee) provided a submission in response to Treasury’s consultation paper in relation to merger filing fees under the new merger regime (the Consultation). The Committee is concerned with the approach proposed to merger filing fees in the Consultation. The approach risks adversely impacting the number, size and type of transactions that occur across the Australian economy, with an associated negative impact on dynamism and productivity (18 June 2025). Read the Committee’s submission here.
Administrative Review Tribunal Practice Directions
In July and September 2024, the Law Council of Australia provided feedback on draft versions of Administrative Review Tribunal Practice Directions. Some of the Law Council's comments and recommendations were addressed by the Tribunal prior to the publication of the Practice Directions. Nonetheless, many of the Law Council's queries and suggestions remain unaddressed. The Law Council reiterates these comments, to the extent that they remain relevant (26 June 2025). Read the Law Council of Australia’s submission here.
Have your say – Help inform the NSW Mental Health and Wellbeing Strategy
The Mental Health Commission of NSW is leading the development of the Strategy for Mental Health and Wellbeing in NSW. It will include a focus on the mental health service system as well as the broader goal of better mental health and wellbeing for all in the community. It is seeking opinions on the mental health service system and the community’s mental health and wellbeing. The consultation period will be open until 29 August 2025. Access the Consultation paper here.
Have your say – NSW Electrical and Gas Safety Review
The Department of Climate Change, Energy, the Environment and Water is asking for feedback on what should be considered in the NSW Electrical and Gas Safety Review. The Review will look at the effectiveness of the current regulatory framework, as well as the organisational and governance arrangements for ensuring safety in NSW. It will also consider whether the regulatory framework is keeping pace with the current energy transition and meets the changing needs of energy customers. The consultation period will be open until 20 July 2025. Access the Draft Terms of Reference here.
Have your say – Independent Review: criminal hate speech
An independent review, led by the Honourable John Sackar AM KC, is seeking feedback on the criminal law protections against the incitement of hatred in NSW. The Reviewer will assess whether existing protections are sufficient and recommend possible improvements, following the NSW Parliament passing the Crimes Amendment (Inciting Racial Hatred) Act 2025 (uncommenced), which criminalises the intentional incitement of racial hatred by a public act. The consultation period will be opened until 6 August 2025. Access the Issue Paper here.
Have your say – Net Zero Commission 2025 consultation
The Net Zero Commission is seeking feedback on the climate change and adaptation advice they give to NSW Government. Provide your input to inform the Net Zero Commission’s work and advice. Your submission, along with evidence from other sources, will help shape the Commission’s work plan, inform their policy recommendations, and influence key outputs from the commission, including their next progress report. The progress report is the primary way the Commission provides independent expert advice to NSW Government, to ensure we are on a clear path to net zero and adapting to a changing climate. The consultation period will be opened until 11 July 2025. Access the consultation paper here.
Delivering freight policy reform in New South Wales
The New South Wales Government has unveiled a comprehensive reform agenda aimed at strengthening New South Wales’ freight sector, forecasting a $131.5 billion boost to the state’s economy and the creation of 235,000 additional jobs by 2061. The plan provides a strategic roadmap of short, medium, and long-term actions to integrate freight more effectively into the state’s transport networks (June 2025). Access the Report here.
Consultation on Part 3 – Processing and Deciding FOI Requests
The Law Council of Australia provided a submission in response to the proposed updates to Part 3 of the Office of the Australian Information Commissioner’s (OAIC’s) FOI Guidelines: Processing and deciding on FOI requests (the Guidelines). The Law Council is encouraged by the OAIC consultation, and its commitment to improve the Guidelines to advance the objects of the Freedom of Information Act 1982 (Cth) which support and promote public access to information. In general, it considers that the updates to Part 3 of the Guidelines are comprehensive and take account of current case law (18 June 2025). Access the Submission here.
Final Report Regulation of gaming machines
Gambling is regulated because it has the potential to cause harm to individuals, including financial loss and psychological distress. The objective of the audit is to assess the effectiveness of the Department and ILGA’s regulation of gaming machines in clubs and hotels, with a focus on harm minimisation requirements. This includes assessing the effectiveness of the administration of applications to operate gaming machines and the approach to the compliance and enforcement of harm minimisation requirements (12 June 2025). Access the Performance Audit here.
Cyber security insights 2025
The reality of cyber threats is evident from monitoring and reporting by the Australian Signals Directorate (ASD) and Cyber Security NSW, and from the case studies included in this report. The ASD highlights in its Annual Threat Report 2023–24 that the top three incident types reported by government entities are: compromised user accounts or credentials; malware infections; and compromised assets, networks or infrastructure (27 June 2025). Access the Final Report here.
Final statutory review report – NSW Energy Savings Scheme
This statutory review report assesses the operation of the NSW Energy Savings Scheme (ESS) for the period 2019–2023 to determine whether the: ESS is meeting its policy objectives; policy objectives remain valid; and overall scheme design remains appropriate for securing those objectives. The Minister for Energy and Climate Change is releasing this report to fulfil the requirement under Schedule 4A, section 77 of the NSW Electricity Supply Act 1995 to review the ESS every 5 years (27 June 2025). Access the Report here.
NSW Budget 2025-26, Budget Paper No. 03 – Infrastructure Statement
The 2025-26 Budget includes $118.3 billion investment over the four years to 2028-29, towards the State’s essential infrastructure, with investment prioritised in schools, hospitals, housing and critical services like water and energy. Investment in infrastructure is expected to exceed $30 billion in 2025-26 – $84.4 million per day. The Essential Infrastructure Plan will prioritise investment in schools ($9.0 billion over four years), the health system ($12.4 billion1 over four years) and transport projects ($55.6 billion over four years through 2028-29) (30 June 2025). Access the infrastructure statement here.
Strategic Benefit Payment Guidelines
The NSW Government has committed to creating an electricity system that is affordable, clean and reliable, under their plan – the Electricity Infrastructure Roadmap. Landholders who host transmission infrastructure play an essential role in this energy transition. The Strategic Benefit Payments (SBP) Scheme ensures eligible landholders share in the benefits of this significant economic investment. Payments are made annually over a 20-year period in accordance with the Strategic Benefit Payment Guidelines (SBP Guidelines) (1 July 2025). Access the new SBP Guidelines here.
Collins v Secretary, Department of Education [2025] NSWCATAD 151
ADMINISTRATIVE LAW; Government Information (Public Access) Act 2009; access to information; public interest considerations in favour of disclosure; public interest factors against disclosure; weighing considerations; discharge of onus; whether disclosure could reasonably be expected to prejudice the supply of confidential information.
Administrative Decisions Review Act 1997; Civil and Administrative Tribunal Act 2013; Freedom of Information Act 1989; Government Information (Public Access) Act 2009.
Superannuation Case 2025 [2025] NSWIRComm 16
EMPLOYMENT AND INDUSTRIAL LAW – awards – state decision – whether the Commission should set a model superannuation clause for public sector awards in New South Wales – directions made after parties filed submissions.
Industrial Relations Act 1996 (NSW), Ch 2, Pt 3, s 51.
Boensch v Valuer-General of New South Wales [2025] NSWLEC 1458
VALUATION OF LAND – correct information and methodology to apply as at valuation date.
Land and Environment Court Act 1979, ss 19, 39; Valuation of Land Act 1916, ss 4, 6A, 14A, 14L, 26, 29, 35C, 37, 38, 40; Parramatta Local Environmental Plan 2011.
PSA v Commissioner of Police [2025] NSWSC 624
EMPLOYMENT AND INDUSTRIAL LAW – Industrial Relations Act 1996 (NSW), s 210 – whether applicant required to allege that a protected matter is the cause of any detrimental action – whether Commissioner impermissibly reversed onus – where no evidence given by particular police officer in first defendant’s case – where Commissioner found matters involving that police officer not a substantive and operative cause of identified detrimental action – no jurisdictional error.
ADMINISTRATIVE LAW – judicial review – extension of time to file application – where applicant pursued appeal rights to Full Bench of Industrial Relations Commission – where grounds of review overlapped with argument advanced to Full Bench – where no suggestion first defendant suffered prejudice – where issues fully argued – extension granted.
Industrial Relations Act 1996 (NSW), ss 130, 210, 213; Police Regulation 2015 (NSW), reg 76; Uniform Civil Procedure Rules 2005 (NSW), r 59.10.
Farooq v Commissioner of Police, New South Wales Police Force [2025] NSWCATOD 73
LICENSING – security industry – licence revocation – registration under mutual recognition legislation – false information – public interest
Administrative Decisions Review Act 1997 (NSW) Civil and Administrative Tribunal Act 2013 (NSW); Mutual Recognition Act 1992 (Cth); Security Industry Act 1997 (NSW); Security Industry Regulation 2016 (NSW)
Commissioner for Fair Trading v Sarkees [2025] NSWCATAP 134
APPEALS – questions of law – procedural fairness – legal reasonableness – adequacy of reasons where statutory requirement to give written reasons – appeal dismissed.
ADMINISTRATIVE LAW – administrative review – fit and proper person.
Administrative Decisions Review Act 1997 (NSW), s 58; Civil and Administrative Tribunal Act 2013 (NSW), ss 38, 80; Crimes Act 1900 (NSW), s 93T; Mental Health and Cognitive Impairment Forensic Provisions Act 2020 (NSW), s 14; Property and Stock Agents Act 2002 (NSW).
SafeWork NSW v Civil 1 Pty Ltd (No 2) [2025] NSWDC 237
CRIMINAL LAW – prosecution – work health and safety – duty of persons undertaking business – duty of employers – risk of death or serious injury.
SENTENCING – objective seriousness – deterrence – aggravating factors – mitigating factors.
SENTENCING PRINCIPLES – no record of previous convictions – good prospects of rehabilitation – remorse.
Crimes (Sentencing Procedure) Act 1999; Fines Act 1996; Work Health and Safety Act 2011.
Tamworth Regional Council v Independent Planning Commission [2025] NSWLEC 67
PRACTICE AND PROCEDURE – notice of motion – dismissal of appeal – state significant development – inherent power to control Court processes – s 8.15(2) of the Environmental Planning and Assessment Act 1979 (NSW) – whether the second applicant can continue the appeal without the originating party – application dismissed.
Environmental Planning and Assessment Act 1979 (NSW), ss 1.3, 8.8, 8.10, 8.12, 8.15, Div 8.3; Land and Environment Court Act 1979 (NSW), s 17; Land and Environment Court Rules 2007 (NSW), r 3.2; Uniform Civil Procedure Rules 2005 (NSW), rr 12.7, 13.4.
ADMINISTRATIVE LAW – Judicial review – Jurisdictional error – decision regarding the share component for a replacement floodplain harvesting access licence – Whether the decision required the Minister to estimate the volume of water capable of being used by the plaintiff’s water supply works – whether the Minister’s calculation omitted water used for direct irrigation – whether the omission constituted a failure to exercise jurisdiction, as stipulated by the Regulations
Water Management Act 2000 (NSW), ss 4A, 21(c), 56(1), 56(2), 57(1), 57A, 85; Water Management (General) Regulation 2018 (NSW), regs 23A, 23B, 23C, 23F, 23G, 23I; Uniform Civil Procedure Rules 2005 (NSW), r 59.10; Water Sharing Plan for the Barwon-Darling Unregulated River Water Source 2012, cll 39(d1), 42(1), 42(10); Water Sharing Plan for the Hunter Unregulated and Alluvial Water Sources 2022.
Briscoe-Hough v Minister for Local Government (No 2) [2025] NSWLEC 66
PROCEDURE – application to set aside decision of registrar to allow production of two categories of documents in notice to produce.
Local Government Act 1993 (NSW), ss 438A, 438C, 438F; Public Interest Disclosures Act 2022 (NSW), s 62; Uniform Civil Procedure Rules 2005 (NSW), rr 21.10, 34.1, 49.19.
Fong v Secretary, Department of Customer Service (No 2) [2025] NSWCATOD 84
ADMINISTRATIVE LAW – home building – administrative review of refusal of individual contractor licence under Home Building Act 1989 (NSW) – whether NSW Civil and Administrative Tribunal has jurisdiction to review decision made after remittal under s 63(3)(d) of Administrative Decisions Review Act 1997 (NSW).
PRACTICE AND PROCEDURE – legal basis for power to dismiss proceedings for want of jurisdiction.
Administrative Appeals Tribunal Act 1975 (Cth); Administrative Decisions Review Act 1997 (NSW); Administrative Decisions Tribunal Act 1997 (NSW); Administrative Decisions Tribunal Bill 1997 (NSW); Civil and Administrative Tribunal Act 2013 (NSW); Civil and Administrative Tribunal Amendment Act 2013 (NSW); Government Information (Public Access) Act 2009 (NSW); Home Building Act 1989 (NSW); Law and Justice Legislation Amendment Act (No.1) 1995 (Cth); Law and Justice Legislation Amendment Bill (No.3) 1994 (Cth); Licensing and Registration (Uniform Procedures) Act 2002 (NSW).
PSMG Pty Limited v Commissioner for Fair Trading [2025] NSWCATOD 83
ADMINISTRATIVE LAW – review of decision by external decision-maker, decision to cancel strata management agent’s licence – fine – company and individual licences and disqualify licence holder under the Property and Stock Agents Act 2002.
Administrative Decisions Review Act 1997 (NSW); Crimes (Sentencing Procedure) Act 1999 (NSW); Property and Stock Agents Act 2002 (NSW); Property and Stock Agents Regulation 2014 (NSW); Property and Stock Agents Regulation 2022 (NSW); Strata Schemes Management Act 2015 (NSW).
GKX v Secretary, Department of Education [2025] NSWCATAD 155
HUMAN RIGHTS – discrimination – on the ground of disability – direct discrimination – indirect discrimination – education – denying or limiting access to a benefit – subjecting to a detriment.
Anti-Discrimination Act 1997 (NSW); Disability Discrimination Act 1992 (Cth).
EMPLOYMENT AND INDUSTRIAL LAW – awards and enterprise agreements – variation by consent.
Government Sector Employment Act 2013 (NSW), s 50; Industrial Relations Act 1996 (NSW), ss 3, 10, 15, 17, 130, 146(2); Industrial Relations Commission Rules 2022, r 6.7.
Zillman v New South Wales Treasury [2025] NSWCATAD 161
ADMINISTRATIVE LAW – Freedom of information – access to information – ground for refusing access raised by third party objector and opposed by respondent agency.
CIVIL PROCEDURE – parties – application for joinder.
Administrative Decisions Review Act 1997 (NSW); Catholic Cemeteries and Crematoria Trust Act 2024 (NSW); Civil and Administrative Tribunal Act 2013 (NSW); Crimes (Administration of Sentences) Act 1999 (NSW); Crown Land Management Act 2016 (NSW); Government Information (Public Access) Act 2009 (NSW) (“GIPA Act”).
Proclamations commencing Acts
Automatic Mutual Recognition Legislation Amendment Act 2025 No 17 (2025-274) – published LW 20 June 2025
Community Services Sector (Portable Long Service Leave) Act 2024 No 39 (2025-294) – published LW 27 June 2025
Transport Administration Amendment (NSW Motorways) Act 2024 No 95 (2025-295) – published LW 27 June 2025
Regulations and other miscellaneous instruments
Dams Safety Amendment (Levy) Regulation 2025 (2025-267) – published LW 13 June 2025
Automatic Mutual Recognition Legislation Amendment (Compensation Fund) Regulation 2025 (2025-275) – published LW 20 June 2025
Building, Design and Strata Legislation Amendment Regulation 2025 (2025-276) – published LW 20 June 2025
Crimes (Administration of Sentences) Amendment (Reports by Community Corrections Officer) Regulation 2025 (2025-277) – published LW 20 June 2025
Education and Care Services National Amendment Regulations 2025 (2025-273) – published LW 16 June 2025
Electoral Funding (Adjustable Amounts) (New Party Policy Development Funding) Notice 2025 (2025-278) – published LW 20 June 2025
Electoral Funding (Adjustable Amounts) (Political Donation Caps) Notice 2025 (2025-279) – published LW 20 June 2025
Government Information (Public Access) Amendment (Crown Solicitor's Office) Regulation 2025 (2025-280) – published LW 20 June 2025
Heavy Vehicle (Adoption of National Law) Amendment (Infringement Notice Penalties) Regulation 2025 (2025-281) – published LW 20 June 2025
Notice of Adjusted Amounts Under Section 33AF of Duties Act 1997 (2025-282) – published LW 20 June 2025
Point to Point Transport (Fares) Order 2025 (2025-283) – published LW 20 June 2025
Residential Tenancies Amendment (Termination Notice for Significant Renovations or Repairs) Regulation 2025 (2025-284) – published LW 20 June 2025
Roads Amendment (Penalty Notice) Regulation 2025 (2025-285) – published LW 20 June 2025
Victims Rights and Support (Victims Support Levy) Notice 2025 (2025-286) – published LW 20 June 2025
Water Sharing Plan for the Macquarie and Cudgegong Regulated Rivers Water Source Amendment Order 2025 (2025-287) – published LW 20 June 2025
Associations Incorporation Amendment (Financial Reporting Thresholds) Regulation 2025 (2025-296) – published LW 27 June 2025
Births, Deaths and Marriages Registration Regulation 2025 (2025-297) – published LW 27 June 2025
Conveyancers Licensing (Approved Professional Indemnity Insurance Policy) Amendment Order 2025 (2025-298) – published LW 27 June 2025
Determination [Biodiversity Conservation Act 2016] (2025-299) – published LW 27 June 2025
Environmental Planning and Assessment Amendment (Network Operators) Regulation 2025 (2025-300) – published LW 27 June 2025
Explosives Amendment (Miscellaneous) Regulation 2025 (2025-301) – published LW 27 June 2025
Floodplain Management Plan for the Murrumbidgee Valley Floodplain Order 2025 (2025-302) – published LW 27 June 2025
Industrial Relations (General) Amendment (Fees) Regulation 2025 (2025-303) – published LW 27 June 2025
Motor Vehicles Taxation Regulation 2025 (2025-304) – published LW 27 June 2025
Public Health Amendment (Fees) Regulation 2025 (2025-305) – published LW 27 June 2025
Rail Safety National Law National Regulations (Fees) Amendment Regulations 2025 (2025-321) – published LW 27 June 2025
Roads Amendment (NSW Motorways) Regulation 2025 (2025-306) – published LW 27 June 2025
Transport Administration (Dissolution of the State Rail Authority Residual Holding Corporation) Proclamation 2025 (2025-307) – published LW 27 June 2025
Transport Legislation Amendment (Penalties, Fees and Charges) Regulation 2025 (2025-308) – published LW 27 June 2025
Water Sharing Plan for the Murrumbidgee Regulated River Water Source Amendment Order 2025 (2025-309) – published LW 27 June 2025
Environmental Planning Instruments
Campbelltown Local Environmental Plan 2015 (Amendment No 42) (2025-268) – published LW 13 June 2025
Carrathool Local Environmental Plan 2012 (Map Amendment No 2) (2025-269) – published LW 13 June 2025
Hornsby Local Environmental Plan 2013 (Amendment No 17) (2025-270) – published LW 13 June 2025
Ku-ring-gai Local Environmental Plan (Housing) (Map Amendment No 1) (2025-271) – published LW 13 June 2025
North Sydney Local Environmental Plan 2013 (Map Amendment No 11) (2025-272) – published LW 13 June 2025
Canterbury-Bankstown Local Environmental Plan 2023 (Amendment No 6) (2025-288) – published LW 20 June 2025
Narrabri Local Environmental Plan 2012 (Map Amendment No 1) (2025-289) – published LW 20 June 2025
Shoalhaven Local Environmental Plan 2014 (Amendment No 57) (2025-290) – published LW 20 June 2025
State Environmental Planning Policy (Housing) Amendment (Diverse Housing) 2025 (2025-291) – published LW 20 June 2025
Walgett Local Environmental Plan 2013 (Map Amendment No 2) (2025-292) – published LW 20 June 2025
Woollahra Local Environmental Plan 2014 (Amendment No 43) (2025-293) – published LW 20 June 2025
Bega Valley Local Environmental Plan 2013 (Amendment No 47) (2025-310) – published LW 27 June 2025
Bega Valley Local Environmental Plan 2013 (Amendment No 48) (2025-311) – published LW 27 June 2025
Blacktown Local Environmental Plan (Precincts – Central River City) (Map Amendment No 6) (2025-312) – published LW 27 June 2025
Blacktown Local Environmental Plan 2015 (Map Amendment No 4) (2025-313) – published LW 27 June 2025
Camden Local Environmental Plan Amendment (Pondicherry Precinct) 2025 (2025-314) – published LW 27 June 2025
Mid-Western Regional Local Environmental Plan 2012 (Amendment No 32) (2025-315) – published LW 27 June 2025
Newcastle Local Environmental Plan 2012 (Map Amendment No 4) (2025-320) – published LW 27 June 2025
Parramatta Local Environmental Plan 2023 (Amendment No 12) (2025-316) – published LW 27 June 2025
Ryde Local Environmental Plan 2014 (Amendment No 34) (2025-317) – published LW 27 June 2025
The Hills Local Environmental Plan 2019 (Amendment No 33) (2025-318) – published LW 27 June 2025
Wingecarribee Local Environmental Plan 2010 (Amendment No 71) (2025-319) – published LW 27 June 2025
Bills introduced – Government
Appropriation (Parliament) Bill 2025
Crimes Amendment (Sexual Offences and Female Genital Mutilation) Bill 2025
Local Court Amendment (Jurisdiction) Bill 2025
Police Legislation Amendment (Miscellaneous) Bill 2025
Residential Tenancies Amendment (Protection of Personal Information) Bill 2025
Revenue and Other Legislation Amendment Bill 2025
Water Management Legislation Amendment (Stronger Enforcement and Penalties) Bill 2025
Bills introduced – Non-Government
Environmental Planning and Assessment Amendment (60 Day Deemed Approval) Bill 2025
Health Services Amendment (Northern Beaches Hospital Deed Termination) Bill 2025
Water Management Amendment (Register of State and Commonwealth Water Access Licences) Bill 2025
Bills revised following amendment in Committee
Community Housing Providers (Adoption of National Law) Amendment Bill 2025
Conveyancing and Real Property Amendment Bill 2025
Government Sector Audit Amendment (Performance Audit Reports) Bill 2025
Industrial Relations and Other Legislation Amendment (Workplace Protections) Bill 2025
Bills passed by both Houses of Parliament
Appropriation (Parliament) Bill 2025
Cultural Institutions Legislation Amendment Bill 2025
Evidence (Audio and Audio Visual Links) Amendment (Local Court Bail Division) Bill 2025
Government Sector Audit Amendment (Performance Audit Reports) Bill 2025
Health Services Amendment (Northern Beaches Hospital Deed Termination) Bill 2025
Industrial Relations and Other Legislation Amendment (Workplace Protections) Bill 2025
Revenue and Other Legislation Amendment Bill 2025
Statute Law Amendment (Administrative Appeals Tribunal) Bill 2025
Bills assented to
Abortion Law Reform Amendment (Health Care Access) Act 2025 No 26 – Assented to 11 June 2025
Victims Legislation Amendment (Victims Registers) Act 2025 No 27 – Assented to 11 June 2025
Bail Amendment (Ban on Private Electronic Monitoring) Act 2025 No 28 – Assented to 11 June 2025
Electoral Funding Amendment Act 2025 No 29 – Assented to 11 June 2025
Health Legislation Amendment (Miscellaneous) Act 2025 No 30 – Assented to 11 June 2025
Help to Buy (Commonwealth Powers) Act 2025 No 31 – Assented to 11 June 2025
Cemeteries and Crematoria Amendment Act 2025 No 32 – Assented to 12 June 2025
Health Services Amendment (PPP Prohibition) Act 2025 No 33 – Assented to 12 June 2025
Evidence (Audio and Audio Visual Links) Amendment (Local Court Bail Division) Act 2025 No 34 – Assented to 26 June 2025
Disclaimer
The information in this article 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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