13 June 2025
35 min read
#Government, #White Collar Crime & Regulatory Investigations
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In Gamage v Riashi, the NSW Court of Appeal upheld a challenge regarding the Independent Commission Against Corruption’s (ICAC) power to commence criminal proceedings, finding that the ICAC and its officers lacked the authority to institute prosecutions for offences arising from its investigations into corrupt conduct. The decision underscores the statutory limits of ICAC's prosecutorial powers and reinforces the distinction between its investigatory and prosecutorial functions. The decision has significant implications in relation to the powers of officers of the ICAC to commence criminal prosecutions. More broadly, the decision reinforces the principle that statutory bodies must operate strictly within the powers conferred by their enabling legislation.
The respondent (an officer of the ICAC), issued 13 court attendance notices (CANs) against the applicant, alleging offences. One was later withdrawn. Of the remaining 12 CANs, 9 involved offences under the Crimes Act 1900 (NSW) (Crimes Act) and related to conduct which had been the subject of an investigation by the ICAC. The other 3 CANs involved offences under the Independent Commission Against Corruption Act 1988 (NSW) (ICAC Act).
The applicant sought to vacate the hearing of the charges on numerous grounds, with one reason being to challenge the jurisdiction of the Local Court of NSW, based on the asserted lack of power the respondent had to commence criminal proceedings. The Local Court of NSW and, on appeal, the Supreme Court of NSW, rejected the applicant’s challenge.
The only issue before the NSW Court of Appeal was whether the respondent had the power to issue the CANs. The respondent claimed his authority derived from the ‘common informer’ provision in section 14 of the Criminal Procedure Act 1986 (NSW) (Criminal Procedure Act), which allows ‘any person’ to institute criminal proceedings under an Act, unless the right to institute the proceeding is expressly conferred by that Act on a specified person or class of person.
Basten AJA (with whom Leeming JA and Griffiths AJA agreed) held that the applicant’s application raised issues of public importance which had remained unresolved and accordingly granted leave to appeal. Basten AJA undertook a detailed examination of the ICAC Act, and made the following findings in allowing the appeal in part:
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Authors: Greg Wrobel
NSW government announces new workers' compensation measures, amid union criticism
The New South Wales government has announced a series of measures aimed at softening its major overhaul of workers' compensation, after a fierce backlash from unions and concerns raised by medical professionals and lawyers. But the planned legislation, which is being introduced to parliament on Tuesday, will still make it significantly harder for workers to claim long-term compensation for psychological injuries, including post-traumatic stress disorder. It's not yet clear whether the changes will be enough to gain enough support for the government to pass the bill (27 May 2025). Read more here.
NSW Gov hosts REZ roundtable
The New South Wales Government is meeting with industry, community and union leaders in Wollongong to establish the state’s first urban renewable energy zone (REZ). The Illawarra REZ Roundtable will see energy experts, business leaders and community representatives map out next steps for the REZ, including initial options, which can be delivered by 2030. The Roundtable coincides with the signing of a new memorandum of understanding between EnergyCo, which leads the delivery of REZs, and local electricity distribution system operator, Endeavour Energy, to jointly develop innovative network and battery solutions within the REZ (23 May 2025). Read more here.
Portable long service leave scheme launches for NSW community services sector
From 1 July 2025, the NSW Government will implement a new Community Services Industry portable long service leave scheme (CSI scheme), designed to support workers in the community services sector who often change employers due to the nature of their work. Under the CSI scheme, workers become eligible for up to six weeks of paid long service leave after seven years of service within the industry, regardless of how many employers they've had during that time. This applies to full-time, part-time and casual employees (29 May 2025). Read more here.
NSW public service return-to-workplace edict sent to industrial court
The Minns government’s controversial return-to-office edict for the New South Wales Public Service is to be tested in the state’s Industrial Relations Commission, with the Public Service Association revealing it has escalated a dispute concerning staff from the Department of Communities and Justice (DCJ) helplines. The matter is serious in terms of workplace logistics and locations because services like DCJ Helpline and DV Line (domestic violence line) are both critical on-call services that are currently hybrid or location-agnostic and are now being hit by the Premier’s Department’s “Workplace Presence” edict (2 June 2025). Read more here.
What is a night-time economy strategy?
The NSW Government launched its first 24-Hour Economy Strategy in 2021, marking a significant shift: a whole-of-government approach to aligning planning, transport, safety, licensing and cultural policy to support a thriving night-time economy. In 2024, the strategy was refreshed to build on early successes and expand its scope. It introduced an expansion into regional NSW, night-time workers, First Nations storytelling, and a more data-driven approach – including the launch of the Data After Dark platform and the NSW Night-Time Economy Quarterly Reports. Learn about our night-time economy strategy and how its set to transform planning, transport, safety, licensing and cultural policy in New South Wales (29 May 2025). Read more here.
Plans for locally-made trains roll forward
The NSW Government is one step closer to locally manufactured trains today, as it launches industry engagement for the Future Fleet Program, which is seeking to revive domestic manufacturing, create thousands of jobs and boost the economy. The NSW Government has committed to start procuring the replacement of the ageing Tangara fleet of suburban passenger trains by early 2027, with a 50 per cent local content target for designing, building, and maintaining the new fleet. Today Transport for NSW (TfNSW) commenced a comprehensive market analysis and engagement campaign with manufacturers and suppliers to gather insights, identify key considerations, and help it shape the direction of further engagement for the Future Fleet Program (19 May 2025). Read more here.
Waste infrastructure plan to address NSW landfill crisis announced in Coffs Harbour
The waste industry has welcomed the NSW government's plan build more waste infrastructure and increase recycling. Experts say the plan is long overdue and are calling for urgent action to bring new waste processing infrastructure online before 2030. This week state Environment Minister Penny Sharpe repeated a dire forecast that many landfill sites are projected to be at capacity in five years. She said at the current rate of waste disposal red bins would not be able to be collected in Sydney and parts of regional NSW by 2030 (16 May 2025). Read more here.
Have your say – Sydney Water Management Regulation 2025
The Sydney Water Regulation 2017 will be automatically stop operating on 1 September 2025. It is important to have regulations in place because they support Sydney Water to carry out obligations under the Sydney Water Act 1994. The Regulation enables Sydney Water to protect its assets, implement water restrictions during drought, and ensure compliance with certain rules relating to Controlled Areas, plumbing and drainage works and water restrictions. The Department of Planning, Industry and Environment is seeking feedback on the draft Sydney Water Regulation 2017 remake. The consultation period will be open until 15 June 2025. Read more here.
Have your say – Mine safety cost recovery regulation
NSW Resources is seeking feedback on the proposed Mine and Petroleum Site Safety (Cost Recovery) Regulation 2025. The proposed regulation will remake the Mine and Petroleum Site Safety (Cost Recovery) Regulation 2019, which is due to be automatically repealed on 1 September 2025, with minor changes. The proposed regulation supports the Mine and Petroleum Site Safety (Cost Recovery) Act 2005, which provides for the funding of regulatory activities in relation to safety at mines and petroleum sites in NSW. The Act has established a Mine and Petroleum Site Safety Fund for this purpose. Access the explanatory guide here.
Letter to Standing Committee on Law and Justice – Workers Compensation Legislation Amendment Bill 2025
The exposure draft of the Workers Compensation Legislation Amendment Bill 2025 proposes significant changes to liability and the ability of claimants to commence claims for compensation for workplace psychological injury in New South Wales. Given this, the Law Society expresses concern about the lack of consultation and transparency in respect of the development of the Draft Bill. Broad consultation at earlier stages would have assisted in ensuring proposed changes to the workers compensation scheme were based on strong evidence and informed by a wide range of stakeholders, including the legal profession. In our view, the truncated timeline to provide a submission for this inquiry is also inadequate for changes of this scale which will impact many employers and workers across NSW (15 May 2025). Access the submission here.
Template CLG Constitutions Consultation
This submission has been prepared by the Charities and Not-for-profits Committee of the Law Council of Australia’s Legal Practice Section. The Committee welcomes the opportunity to make a submission to the Australian Charities and Not-for-profits Commission in relation to the proposed template constitutions for companies limited by guarantee. In their view, the draft documents are not fit for purpose and will create more confusion for charities than the previous document. They require extensive revision. The Committee has provided detailed comments in the annexed constitution for a Standard template CLG constitution (27 May 2025). Access the submission here.
“Governance of the National Agreement on Closing the Gap in NSW” Performance Audit
The NSW Government signed the National Agreement on Closing the Gap (the National Agreement) in July 2020. The parties to the National Agreement are the Australian Government, all state and territory governments, the Coalition of Peaks, which is a group of around 80 Aboriginal and Torres Strait Islander community-controlled peak organisations, and the Australian Local Government Association. This audit assessed the effectiveness of the governance arrangements for the implementation of the National Agreement on Closing the Gap in NSW (29 May 2025). Access the report here.
Report on the Operation of the Government Information (Public Access) Act 2009 2023-24
As the Government Information (Public Access) Act (GIPA Act) approaches the 15th anniversary of its commencement, and in the face of modern challenges, safeguarding the right to information access has never been more important. In accordance with section 37 of the Government Information (Information Commissioner) Act 2009, the Information and Privacy Commission of NSW presents the Report on the Operation of the Government Information (Public Access) Act 2009: 2023-24 (20 May 2025). Access the report here.
Commissioner of Taxation (Cth) v Waitara Linx Pty Ltd [2025] NSWSC 581
TAXES AND DUTIES – administration – tax garnishee notices – notice issued to purchaser under contract of sale of land by taxpayer – mortgagee requires payment of purchase moneys in full – whether purchaser bound to account to Commissioner for tax debt specified in notice – whether mortgagee would have equitable interest in proceeds which would defeat Commissioners – Taxation Administration Act 1953 Sch 1, s 260-5.
Taxation Administration Act 1953; Common Law Procedure Act 1854 (UK).
NSW Land and Housing Corporation v Pinchin [2025] NSWCATAP 128
LEASES AND TENANCIES – residential Tenancies Act 2010 (NSW) – ss 87, 154A, 154E - Housing Act 2001 (NSW) – s 57 – whether the Tribunal has jurisdiction to consider the circumstances in which a rental subsidy was terminated.
Civil and Administrative Tribunal Act 2013 (NSW); Civil and Administrative Tribunal Rules 2014 (NSW); Housing Act 2001 (NSW); Interpretation Act 1987 (NSW); Residential Tenancies Act 2010 (NSW); Residential Tenancies and Housing Legislation Amendment (Public Housing – Antisocial Behaviour) Act 2015(NSW).
Oliver v Commissioner of Police, NSW Police Force [2025] NSWCATAD 130
ADMINISTRATIVE LAW – reviewable decision – correct and preferable decision – Civil and Administrative Tribunal – merits review.
LICENCING – firearms – licence – fit and proper person – public interest – public safety – domestic violence.
Administrative Decisions Review Act 1997 (NSW); Civil and Administrative Tribunal Act 2013 (NSW); Firearms Act 1996 (NSW); Firearms Regulation 2017 (NSW).
SLR Consulting Australia Pty Ltd v Wingecarribee Shire Council [2025] NSWLEC 1402
APPEAL – highway service centre – business identification sign – whether signage is business identification sign – whether visual impact – whether visual clutter.
Environmental Planning and Assessment Act 1979, ss 1.4, 4.15, 8.7; Interpretation Act 1987, s 5, 11, 33.
Turner Contracting Pty Ltd v Tweed Shire Council [2025] NSWLEC 1403
DEVELOPMENT APPLICATION – development application for a long term Caravan park and associated infrastructure – concurrent application for water and sewer works – whether the development is characterised as development for the purpose of a manufactured home estate and therefore prohibited – whether the proposal is likely to have a significant and unacceptable impact on the local populations of koala – whether there are adequate arrangements for the provision of sewer services – appeal dismissed.
Biodiversity Conservation Act 2016, ss 1.6, 7.2, 7.3, 7.7, 7.13; Biodiversity Conservation Amendment (Biodiversity Offsets Scheme) Act 2024; Environmental Planning and Assessment Act 1979, ss 4.12, 4.13, 4.15; Environmental Protection and Biodiversity Conservation Act; Land and Environment Court Act 1979, s 34; Local Government Act 1993, ss 68, 176; Roads Act 1993, s 68; Water Management Act 2000, s 292; Biodiversity Conservation Regulations 2017, cll 7.1, 7.2, 7.4,; Environmental Protection (Wetlands and Littoral Rainforests); Georges River Local Environmental Plan 2021, cl 6.9; Local Government (General) Regulation 2021, cl 15; State Environmental Planning Policy (Biodiversity and Conservation) 2021, Ch 4; State Environmental Planning Policy (Housing for Seniors or People with a Disability) 2004, cl 28; State Environmental Planning Policy (Koala Habitat Protection) 2021; State Environmental Planning Policy (Transport and Infrastructure) 2021, s 2.119; Tweed Development Control Plan 2008; Tweed Local Environmental Plan 2000; Tweed Local Environmental Plan 2014, cll 7.10, 1.3.
Nicolaou v Minister for Education and Early Learning [2025] NSWLEC 56
COMPULSORY ACQUISITION – objection to compensation offered pursuant to s 66 of Land Acquisition (Just Terms Compensation) Act 1991 (NSW) – valuation – public purpose for which the land acquired – rezoning of land – disturbance claim – easement.
Conveyancing Act 1919 (NSW), s 88B; Education Act 1900 (NSW) ss 5, 6, 125; Environmental Planning and Assessment Act 1979 (NSW) s 3.15; Land Acquisition (Just Terms Compensation) Act 1991 (NSW) ss 4, 10A, 11, 54, 55, 56, 59, 61, 66; Baulkham Hills Local Environmental Plan 1991; Baulkham Hills Local Environmental Plan 2005; Box Hill and Box Hill Industrial Growth Centre Precincts Development Control Plan 2013; Box Hill and Box Hill Industrial Precinct Plan 2012; Box Hill Growth Centre Precincts Development Control Plan 2018; Hills Local Environmental Plan 2019; State Environmental Planning Policy (Exempt and Complying Development Codes) 2008; State Environmental Planning Policy (Precincts – Central River City) 2021; State Environmental Planning Policy (Sydney Region Growth Centres) 2006; Uniform Civil Procedure Rules 2005 Sch 7, cl 4, r 28.2.
ADMINISTRATIVE LAW – administrative review of disciplinary decisions – applications to stay operation of decisions – factors relevant to stay.
Administrative Decisions Review Act 1987; Civil and Administrative Tribunal Act 2013; Property and Stock Agents Act 2002; Strata Schemes Management Act 2015.
GTP v Commissioner of Victims Rights [2025] NSWCATAD 128
VICTIMS Support – Administrative law – act of violence – single act of violence as series of related acts – whether evidence satisfied elements of act of violence being treated as separate acts– whether medical evidence verifies injury arising from series of acts – related acts – unelated acts – circumstances of acts of violence.
Administrative Decisions Review Act 1997; Civil and Administrative Tribunal Act 2013; Civil and Administrative Tribunal Rules 2014; Victims Rights and Support Act 2013; Victims Support and Rehabilitation Act 1996 (repealed).
McColm (Department of Regional NSW) v Tucker [2025] NSWDC 199
CRIMINAL LAW – prosecution – work health and safety – risk of death or serious injury – duty of worker – death of worker.
Corporations Act 2001; Work Health and Safety Act 2011; Work Health and Safety (Mines and Petroleum Sites) Act 2013.
Red Design Pty Ltd v Department of Customer Service [2025] NSWCATOD 67
HOME BUILDING – application for administrative review – disciplinary action – breach of statutory warranties – improper conduct – extension of time – stay.
Administrative Decisions Review Act 1997 (NSW); Civil and Administrative Tribunal Act 2013 (NSW); Civil and Administrative Tribunal Rules 2014 (NSW); Home Building Act 1989 (NSW).
Stevens Holdings Pty Limited v Central Coast Council [2025] NSWLEC 1384
DEVELOPMENT APPLICATION: subdivision of land in C2, C3 and R5 zone – biodiversity values of site – whether biodiversity Development Assessment Report adequate – whether development avoids and minimises impacts – whether serious and irreversible impacts – flood management – assessment of off-site impacts – bush fire protection.
Biodiversity Conservation Act 2016, ss 6.5, 6.12, 7.13, 7.16; Community Land Development Act 1989; Environmental Planning and Assessment Act 1979, ss 4.15, 4.16, 4.65, 4.66, 8.2, 8.7, 8.15, Div 4.8; Fisheries management Act 1994; Land and Environment Court Act 1979, s 30; Land Tax Management Act 1956, ss 3, 10AA, Sch 4; Local Land Services Act 2013, Part 5A, ss 60A, 60D, 60E, 60F, 60H, Divs 4, 5, 6; Native Vegetation Act 2003, ss 9, 60A; Native Vegetation Conservation Act 1997; Rural Fires Act 1997, s 100B; Threatened Species Conservation Act 1995; Water Management Act 2000, s 91; Biodiversity Conservation Regulation 2017, cll 6.7,; Environmental Planning and Assessment Regulation 1979, s 38; State Environmental Planning Policy (Biodiversity and Conservation) 2021, Part 2.2; State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6; State Environmental Planning Policy (Vegetation in Non-Rural Areas) 2017, Pt 5, ss 31, 32, 33, 36, 37, 38, 39, 40; State Environmental Planning Policy No 46 – Protection and Management of Native Vegetation; Wyong Local Environmental Plan 2013, cll 1.2, 2.3, 2.6, 2.7, 4.1AA, 4.1C, 5.10, 5.21, 6.1, 7.1, 7.9.
Nassif v Commissioner of Police, New South Wales Police Force [2025] NSWCATAD 119
LICENSING – security industry – licence revocation – stay – fit and proper person – public interest – offence.
Administrative Decisions Review Act 1997 (NSW); Civil and Administrative Tribunal Act 2013 (NSW); Security Industry Act 1997 (NSW); Security Industry Regulation 2016 (NSW).
Street of Dreams Martin Sharp Ltd v Attorney General for NSW [2025] NSWSC 546
CHARITIES AND NOT-FOR-PROFITS – charitable gifts and trusts – Cy-près scheme – trust property.
CHARITIES AND NOT-FOR-PROFITS – charitable purposes – advancement of education – Spirit of the Trust.
Charitable Trusts Act 1993; Trustee Act 1925.
SafeWork NSW v Danrae Remedial Services Pty Ltd [2025] NSWDC 190
CRIMINAL LAW – prosecution – work health and safety – duty of persons undertaking business – duty of employers – risk of death or serious injury – injury to worker.
SENTENCING – objective seriousness – deterrence – aggravating factors – mitigating factors – capacity to pay a fine – appropriate penalty.
SENTENCING PRINCIPLES – no record of previous convictions – good prospects of rehabilitation – remorse.
Crimes (Sentencing Procedure) Act 1999; Criminal Procedure Act 1986; Fines Act 1996; Work Health and Safety Act 2011; Work Health and Safety Regulation 2017.
Nguyen v Northern Sydney Local Health District [2025] NSWCA 107
CONTRACT – agreement to commercialise intellectual property – repudiation – whether primary judge erred in finding no breach of obligation to reassign intellectual property – whether primary judge erred in finding no loss of valuable commercial opportunity.
CONTRACT – obligation to use best endeavours to offer further employment – whether primary judge erred in not awarding substantial damages.
Health Services Act 1997 (NSW), ss 17, 22.
Visscher v Safework NSW [2025] NSWSC 489
ADMINISTRATIVE LAW – Industrial Relations Commission of New South Wales – nature and extent of jurisdiction conferred by s 229 of the Work Health and Safety Act 2011 (NSW) – whether questions of construction and application of the Act within jurisdiction.
ADMINISTRATIVE LAW – denial of procedural fairness – where plaintiff had no notice of evidence – where plaintiff alleged not given opportunity to lead rebuttal evidence – where surprise evidence not relied on in Commissioner’s dispositive findings – whether outcome would have inevitably been the same had alleged error not been made – no jurisdictional error.
Home Building Act 1989 (NSW), ss 12, 31; Industrial Relations Act 1996 (NSW), ss 146, 162, 163, 175, 179, 187, 188; Supreme Court Act 1970 (NSW), s 69; Work Health and Safety Act 2011 (NSW), ss 5, 7, 8, 19, 195, 196, 197, 224, 229; Home Building Regulation 2014 (NSW), cl 17; Uniform Civil Procedure Rules 2005 (NSW), r 59.10; Work Health and Safety Regulation 2017 (NSW), cl 78.
Secretary, Department of Planning and Environment v Aerotropolis Pty Ltd [2025] NSWLEC 48
ENVIRONMENTAL OFFENCES – prosecution where defendant did not appear in Court – defendant charged with 20 offences under the National Parks and Wildlife Act 1974 (NSW) and the Biodiversity Conservation Act 2016 (NSW) – allegation of clearing of native vegetation on land – offences of harming or picking plants and damaging habitat of threatened species, endangered populations or endangered ecological communities – where defendant did not obtain the required development consent in activity resulting in damage to habitat – defendant found guilty of all 20 offences – proceedings listed to obtain sentence hearing date and directions.
Biodiversity Conservation Act 2016 (NSW), Sch 2, Pt 1, Div 2, Pt 2, ss 1.6, 2.2, 2.4, 2.45, 2.8, 12.19, 13.8, 13.29, 13.31, 13.32; Biodiversity Conservation Regulation 2017 (NSW); Corporations Act 2001 (Cth), s 500; Criminal Procedure Act 1986 (NSW), ss 247F, 247K; Environmental Planning and Assessment Act 1979 (NSW), Pts 4, 5; National Parks and Wildlife Act 1974 (NSW), ss 5, 118A, 118D, 118F, 118G, 159A, 175A, 175C; National Parks and Wildlife Regulation 2009 (NSW), cl 107; Native Vegetation Act 2003 (NSW), Sch 1, Pt 3, ss 12, 14; Threatened Species Conservation Act 1995 (NSW), Sch 1A, s 4.
Damico v Secretary, Department of Customer Service [2025] NSWCATAP 109
ADMINISTRATIVE LAW – refusal to renew a contractor licence under the Home Building Act 1989 (NSW) – effect of recent convictions for failing to report contact with children on applicant’s fitness and propriety – whether Tribunal misconstrued statute – extent to which Tribunal may go behind criminal convictions and sentences.
Administrative Decisions Review Act 1997 (NSW); Child Protection (Offenders Registration) Act 2000 (NSW); Civil and Administrative Tribunal Act 2013 (NSW); Crimes (Sentencing Procedure) Act 1999 (NSW); Home Building Act 1989 (NSW); Home Building Regulation 2014 (NSW); Interpretation Act 1987 (NSW); Licensing and Registration (Uniform Procedures) Act 2002 (NSW); Supreme Court Act 1970 (NSW).
Whitehaven Coal Mining Limited v Chief Commissioner of State Revenue [2025] NSWSC 488
TAXES AND DUTIES – Mining Act 1992 (NSW) ss 282(1), 283, 287(1), 287A, 289, 291, 291A – Taxation Administration Act 1996 (NSW) (TA Act) ss 3, 5B, 9, 14, 17, 21, 25, 26, 33, 97, 101 – plaintiffs are members of a corporate group and are miners and sellers of coal, and hold mining leases – under the Mining Act, the holders of such leases are liable to pay royalty to the Crown on publicly owned minerals recovered by them – Application for review of decision of the Chief Commissioner of State Revenue to disallow (in part) Assessment Notices for royalty under the Mining Act plus interest and penalty tax – whether the giving by the Chief Commissioner of a “confirmation” on a Royalty Online Service (ROS) for the making of royalty returns is the making of an assessment of the tax liability of a taxpayer with the consequence that the Assessment Notices were reassessments to which a five year limitation period under the TA Act applies – HELD: the “confirmation” is not a making by the Chief Commissioner of an assessment of the tax liability of the Plaintiffs – where the Plaintiffs submitted royalty returns on the basis of an intra-group arrangement (the Return Arrangement) which permitted the making of negative royalty returns and set-off within the group against positive returns of members of the group – royalty was returned and paid on this basis with the knowledge and cooperation of senior members of the government department then responsible for the administration of the royalty system and was subject to audits which were passed – the Return Arrangement is not permissible under the Mining Act as a basis for rendering royalty returns – whether the only assessments that were permissible for the Chief Commissioner to make was a nil one because the Crown waived the right to claim royalty on any other basis or was party to a binding agreement with the Plaintiffs not to do so or was estopped from claiming royalty on another basis – HELD: waiver, even if available, not established, binding agreement not established, and estoppel not available and, in any event, not established.
LIMITATION OF ACTIONS – Limitation Act 1969 (NSW) ss 10(3)(a), 14(1)(d) – the Limitation Act s 10(3)(a) does not apply to an action by the Crown for the recovery of a tax – whether the royalty payable to the Chief Commissioner is a tax – HELD: it is.
INTEREST AND PENALTY TAX – whether the Court should remit market interest, the premium component of interest and penalty tax imposed by the Assessment Notices – HELD: it should until 1 November 2022, when the Assessment Notices were issued and which have not been paid by the Plaintiffs, because the Return Arrangement was fully disclosed, implemented with the cooperation of a government department and audited, the Plaintiffs took reasonable steps to comply with their tax obligations, an audit which called it into question and which led to the issue of Assessment Notices took four years to complete and the Plaintiffs’ case was not unreasonably brought or unarguable – however, from the date of the Assessment Notices the Plaintiffs fell into wilful default because they did not pay on them.
Interpretation Act 1987 (NSW) s 8(b); Limitation Act 1969 (NSW) ss 10(1) and (3)(a), 14(1)(d), 63(1); Mining Act 1992 (NSW) ss 282(1), 283, 287(1), 287A, 289, 291, 291A; State Revenue and Other Legislation Amendment (Budget Measures) Act 2014 (NSW); Supreme Court Act 1970 (NSW); Taxation Administration Act 1996 (NSW) ss 3, 5B, 9, 14, 17, 21, 25, 26, 33, 97, 101; Mining Regulation 2016 (NSW).
SafeWork NSW v Hibernian Contracting Pty Ltd [2025] NSWIC 4
EMPLOYMENT AND INDUSTRIAL LAW – work health and safety – offences – category 2 – hot work – sparks from grinder mixed with oil to cause an explosion – no hot work permit system – mid-range of objective seriousness.
SENTENCING – relevant factors on sentence – objective seriousness – deterrence – aggravating factors – mitigating factors – capacity to pay a fine – appropriate penalty.
SENTENCING – mitigating factors – assistance to law enforcement authorities – principles.
Crimes (Sentencing Procedure) Act 1999 (NSW); Fines Act 1996 (NSW); Work Health and Safety Act 2011 (NSW); Work Health and Safety Regulation 2017 (NSW).
NSW Architects Registration Board v Peng [2025] NSWCATOD 58
OCCUPATIONS – architect – alteration of declarations of design practitioners without knowledge or consent – whether unsatisfactory professional conduct – whether professional misconduct.
Architects Act 2003; Design and Building Practitioners Act 2020; Civil and Administrative Tribunal Act 2013.
Commonwealth
Act Compilation
Australian Apprenticeship Support Loans Act 2014 C2014A00081 Act No. 81, 2014 Registered: 06/06/2025
Fair Work Amendment Act 2012 C2012A00174 Act No. 174, 2012 Registered: 05/06/2025
A New Tax System (Goods and Services Tax) Act 1999 C2004A00446 Act No. 55, 1999 Registered: 04/06/2025
Higher Education Support Act 2003 C2004A01234 Act No. 149, 2003 Registered: 04/06/2025
Migration Act 1958 C1958A00062 Act No. 62, 1958 Registered: 04/06/2025
Social Security Act 1991 C2004A04121 Act No. 46, 1991 Registered: 03/06/2025
Student Assistance Act 1973 C2004A00058 Act No. 155, 1973 Registered: 03/06/2025
Broadcasting Services Act 1992 C2004A04401 Act No. 110, 1992 Registered: 30/05/2025
Australian Citizenship Act 1948 C1948A00083 Act No. 83, 1948 Registered: 30/05/2025 (no longer in force)
Telecommunications Act 1997 C2004A05145 Act No. 47, 1997 Registered: 30/05/2025
Family Assistance and Other Legislation Amendment (Child Care and Other Measures) Act 2011 C2011A00079 Act No. 79, 2011 Registered: 29/05/2025
Superannuation Legislation Amendment (MySuper Core Provisions) Act 2012 C2012A00162 Act No. 162, 2012 Registered: 27/05/2025
Agricultural and Veterinary Chemicals (Administration) Act 1992 C2004A04553 Act No. 262, 1992 Registered: 22/05/2025
Offshore Minerals Act 1994 C2004A04704 Act No. 28, 1994 Registered: 21/05/2025
Qantas Sale Act 1992 C2004A04487 Act No. 196, 1992 Registered: 21/05/2025
Radiocommunications Act 1992 C2004A04465 Act No. 174, 1992 Registered: 21/05/2025
Rural Adjustment Act 1992 C2004A04531 Act No. 240, 1992 Registered: 21/05/2025 (no longer in force)
NSW
Proclamations commencing Acts
Coal Mine Subsidence Compensation Amendment Act 2024 No 48 (2025-208) – published LW 16 May 2025
Combat Sports Amendment Act 2024 No 16 (2025-224) – published LW 23 May 2025
Local Government Amendment (De-amalgamations) Act 2024 No 21 (2025-222) – published LW 22 May 2025
Local Government Amendment (Rural and Remote Councils) Act 2024 No 63 (2025-225) – published LW 23 May 2025
Strata Schemes Legislation Amendment Act 2025 No 14 (2025-238) – published LW 30 May 2025
Fines Amendment (Parking Fines) Act 2024 No 79 (2025-254) – published LW 6 June 2025
Public Health (Tobacco) Amendment Act (No 2) 2024 No 87 (2025-255) – published LW 6 June 2025
Water Management Amendment Act 2018 No 31 (2025-256) – published LW 6 June 2025
Regulations and other miscellaneous instruments
Administrative Arrangements (Administrative Changes—Miscellaneous) Order (No 3) 2025 (2025-209) – published LW 16 May 2025
Coal Mine Subsidence Compensation Amendment (Contributions) Regulation 2025 (2025-210) – published LW 16 May 2025
Final Determination [Biodiversity Conservation Act 2016] (2025-211) – published LW 16 May 2025
Home Building Amendment (Information) Regulation 2025 (2025-212) – published LW 16 May 2025
Legal Profession Uniform Admission Amendment (Qualifications) Rule 2025 (2025-220) – published LW 16 May 2025
Parking Space Levy Amendment (Exempt Parking Spaces) Regulation 2025 (2025-213) – published LW 16 May 2025
Energy and Utilities Administration Amendment Regulation 2025 (2025-226) – published LW 23 May 2025
Health Practitioner Regulation (Adoption of National Law) Regulation 2025 (2025-227) – published LW 23 May 2025
Local Government (General) Amendment (De-amalgamations) Regulation 2025 (2025-223) – published LW 22 May 2025
Local Government (General) Amendment (Rural and Remote Councils) Regulation 2025 (2025-228) – published LW 23 May 2025
Notice under the Land Acquisition (Just Terms Compensation) Act 1991 (2025-229) – published LW 23 May 2025
Order regarding volunteers taking part in emergency operations (2025-221) – published LW 21 May 2025
Treasurer’s Direction TD25-01 Revocation of TD19-02 – Mandatory Early Close as at 31 March each year (2025-230) – published LW 23 May 2025
Treasurer’s Direction TD25-02 Financial Reporting Requirements (2025-231) – published LW 23 May 2025
Workers Compensation (Indexation) Order (No 2) 2025 (2025-232) – published LW 23 May 2025
Children (Interstate Transfer of Offenders) Regulation 2025 (2025-239) – published LW 30 May 2025
Health Records and Information Privacy Amendment (Single Digital Patient Record) Regulation 2025 (2025-240) – published LW 30 May 2025
Mining Amendment (Small-scale Titles) Regulation 2025 (2025-241) – published LW 30 May 2025
Public Holidays Amendment (Bland Shire Council) Order 2025 (2025-242) – published LW 30 May 2025
Uncollected Goods Regulation 2025 (2025-243) – published LW 30 May 2025
Local Government (Dissolution of New England County Council) Proclamation 2025 (2025-257) – published LW 6 June 2025
Public Health (Tobacco) Amendment (Tobacco Licensing Scheme) Regulation 2025 (2025-258) – published LW 6 June 2025
Water Management (General) Amendment (Exemptions for Infrastructure) Regulation 2025 (2025-259) – published LW 6 June 2025
Water Management (General) Amendment (Landholder Negotiation Scheme) Regulation 2025 (2025-260) – published LW 6 June 2025
Water Management (General) Amendment (Specific Purpose Access Licence) Regulation 2025 (2025-261) – published LW 6 June 2025
Environmental Planning Instruments
Bellingen Local Environmental Plan 2010 (Map Amendment No 4) (2025-214) – published LW 16 May 2025
Blue Mountains Local Environmental Plan 2015 (Amendment No 20) (2025-215) – published LW 16 May 2025
Campbelltown Local Environmental Plan 2015 (Amendment No 43) (2025-216) – published LW 16 May 2025
Mid-Western Regional Local Environmental Plan 2012 (Amendment No 31) (2025-217) – published LW 16 May 2025
Queanbeyan- Palerang Regional Local Environmental Plan 2022 (Map Amendment No 4) (2025-218) – published LW 16 May 2025
Tamworth Regional Local Environmental Plan 2010 (Amendment No 27) (2025-219) – published LW 16 May 2025
Byron Local Environmental Plan 2014 (Map Amendment No 8) (2025-233) – published LW 23 May 2025
Goulburn Mulwaree Local Environmental Plan 2009 (Map Amendment No 13) (2025-234) – published LW 23 May 2025
Mid-Western Local Environmental Plan 2012 (Map Amendment No 14) (2025-235) – published LW 23 May 2025
Murray Local Environmental Plan 2011 (Map Amendment No 5) (2025-236) – published LW 23 May 2025
State Environmental Planning Policy Amendment (Riverstone East Stage 3 Precinct) 2025 (2025-237) – published LW 23 May 2025
Blue Mountains Local Environmental Plan 2015 (Amendment No 19) (2025-244) – published LW 30 May 2025
Byron Local Environmental Plan 2014 (Amendment No 47) (2025-245) – published LW 30 May 2025
Byron Local Environmental Plan 2014 (Amendment No 49) (2025-246) – published LW 30 May 2025
Campbelltown Local Environmental Plan 2015 (Amendment No 41) (2025-247) – published LW 30 May 2025
Gunnedah Local Environmental Plan 2012 (Amendment No 16) (2025-248) – published LW 30 May 2025
Junee Local Environmental Plan 2012 (Map Amendment No 1) (2025-249) – published LW 30 May 2025
Lake Macquarie Local Environmental Plan 2014 (Amendment No 57) (2025-250) – published LW 30 May 2025
State Environmental Planning Policy Amendment (Blackwattle Bay Precinct) 2025 (2025-252) – published LW 30 May 2025
State Environmental Planning Policy Amendment (Canterbury Transport Oriented Development Precinct) 2025 (2025-253) – published LW 30 May 2025
Sydney Local Environmental Plan 2012 (Amendment No 109) (2025-251) – published LW 30 May 2025
Bayside Local Environmental Plan 2021 (Amendment No 11) (2025-262) – published LW 6 June 2025
Muswellbrook Local Environmental Plan 2009 (Amendment No 22) (2025-263) – published LW 6 June 2025
Orange Local Environmental Plan 2011 (Map Amendment No 11) (2025-264) – published LW 6 June 2025
State Environmental Planning Policy Amendment (Bunnerong Road Kingsford) 2025 (2025-265) – published LW 6 June 2025
Wollondilly Local Environmental Plan 2011 (Map Amendment No 13) (2025-266) – published LW 6 June 2025
Bills introduced – Government
Cemeteries and Crematoria Amendment Bill 2025
Electoral Funding Amendment Bill 2025
Health Legislation Amendment (Miscellaneous) Bill 2025
Children’s Guardian Amendment Bill 2025
Conveyancing and Real Property Amendment Bill 2025
Evidence (Audio and Audio Visual Links) Amendment (Local Court Bail Division) Bill 2025
Industrial Relations and Other Legislation Amendment (Workplace Protections) Bill 2025
Workers Compensation Legislation Amendment Bill 2025
Community Housing Providers (Adoption of National Law) Amendment Bill 2025
District Court Legislation Amendment Bill 2025
Government Sector Audit Amendment (Performance Audit Reports) Bill 2025
Local Government Amendment (Elections) Bill 2025
Bills introduced – Non-Government
Summary Offences Amendment (War Memorials and Other Protected Places) Bill 2025
Game and Feral Animal Legislation Amendment (Conservation Hunting) Bill 2025
Road Transport Amendment (Medicinal Cannabis—Exemptions from Offences) Bill 2025
Constitution Amendment (Right to Possess and Carry Firearms) Bill 2025
Water Management Amendment (Intergovernmental Agreements) Bill 2025
Bills revised following amendment in Committee
Abortion Law Reform Amendment (Health Care Access) Bill 2025
Cemeteries and Crematoria Amendment Bill 2025
Workers Compensation Legislation Amendment Bill 2025
Bills passed by both Houses of Parliament
Abortion Law Reform Amendment (Health Care Access) Bill 2025
Bail Amendment (Ban on Private Electronic Monitoring) Bill 2025
Electoral Funding Amendment Bill 2025
Health Legislation Amendment (Miscellaneous) Bill 2025
Help to Buy (Commonwealth Powers) Bill 2025
Victims Legislation Amendment (Victims Registers) Bill 2025
Cemeteries and Crematoria Amendment Bill 2025
Health Services Amendment (PPP Prohibition) Bill 2025
Bills assented to
Screen and Digital Games Industries Act 2025 No 23 – Assented to 22 May 2025
Environmental Planning and Assessment Amendment Act 2025 No 24 – Assented to 22 May 2025
Community Improvement Districts Act 2025 No 25 – Assented to 22 May 2025
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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