In the media

$20 million in electric vehicle charging grants to drive regional tourism The Treasurer and Minister for Energy for NSW Has announced a grant of 3500 electric vehicle chargers to promote regional tourism in the state. The grants will be available to businesses in the hospitality and tourism sector, and can be used to install electric vehicle chargers and accompanying smart software (9 May 2022). More…

Report into NSW grants scheme recommends against making pork-barrelling an offence A review of the grants scheme by the NSW Government was released by the government on 7 May 2022. The report made recommendations to promote accountability in grant funding, but the report recommends against making pork-barrelling an offence, stating that there are other mechanisms in place to counter such behaviour (7 May 2022). More…

NSW health inquiry urges workforce review Country people are at breaking point under a health system in crisis, with significantly poorer health outcomes than those living in the city, a NSW parliamentary inquiry has found (6 May 2022). More...

NSW teachers strike over pay and conditions for second time in six months Thousands of public school teachers have marched through the Sydney CBD as part of their 24-hour industrial action over wages and conditions. The strike action is in defiance of a NSW government plea to wait until after next month's budget to solve the pay dispute (4 May 2022). More...

NSW leads discussions for proposed changes to Menindee Lakes operations The NSW Government will begin discussions immediately with the Murray Darling Basin Authority and Basin jurisdictions on how to improve the way water in the Menindee Lakes is stored and managed (4 May 2022). More...

Decades-long claims backlog highlights NSW native title failure The New South Wales Aboriginal Land Council has condemned successive state governments for their failure to deliver on land rights amid a two-decade claims backlog. More...

NSW Privacy Commissioner encourages agencies and citizens to work together to build Privacy: the Foundation of Trust this Privacy Awareness Week NSW 2022 The Information and Privacy Commission NSW (IPC) hosts the campaign in NSW and this year marks the twelfth year of celebrating Privacy Awareness Week NSW. The 2022 theme is ‘Privacy: The foundation of trust – we all have a role to play’ (2 May 2022). More…

NSW government spent more than $113 million on redundancies across 11 agencies in 2021 The government spent more than $113 million on redundancies across 11 agencies last year, including $4.3 million in payouts after Gladys Berejiklian’s resignation. The NSW government is the largest employer in the southern hemisphere, employing more than 430,000 people (29 April 2022). More...

Practice and courts

Commonwealth

AAT Bulletin Issue No. 8/2022 26 April 2022 The AAT Bulletin is a fortnightly publication containing information about recently published decisions and appeals against decisions in the AAT’s General, Freedom of Information, National Disability Insurance Scheme, Security, Small Business Taxation, Taxation & Commercial and Veterans’ Appeals Divisions. Read more here.

NSW

Supreme Court of NSW Decisions Reversed as at 6 May 2022. Read more here.

Published – articles, papers and reports

Inquiry into rural, regional and remote healthcare hands downs findings to NSW Government The New South Wales Government published the findings of its Parliamentary inquiry into access to health and hospital services and in rural, regional and remote NSW on 5 May 2022. The report had made 44 recommendations to be improve access to healthcare (5 May 2022). Read more here.

Privacy Commissioner releases community attitudes survey results this Privacy Awareness Week NSW 2022 NSW Privacy Commissioner, Samantha Gavel published the results of the Information and Privacy Commission’s latest two-yearly survey of NSW community attitudes towards privacy (4 May 2022). Read more here.

Have your say on the South Coast Regional Water Strategy The Department of Planning and Environment is calling on the community to have their say on the draft South Coast Regional Water Strategy for the second time. Face-to-face information sessions and First Nations community engagement will take place in Bega, Bodalla and Moruya in May 2022 (4 May 2022). Read more here.

Facilitating and administering Aboriginal land claim processes The Audit Office of New South Wales examined whether relevant agencies are effectively facilitating and administering Aboriginal land claim processes. It found neither Department of Premier and Cabinet nor Department of Planning and Environment have established the resources required for the NSW Government to deliver Aboriginal land claim processes in a coordinated way (28 April 2022). Read more here.

Review of grants administration in NSW – final report The Review of Grants Administration in NSW makes 19 recommendations to bring grants administration into line with best practice. It considered grants administration guidelines from comparable jurisdictions, best practice risk assessment and assurance frameworks, and the existing NSW policy and legislative context (April 2022). Read more here.

Cases

Marium v Registrar Local Court Blacktown & Ors [2022] NSWSC 528JUDICIAL REVIEW – challenge to decision of Registrar Local court – notice of motion seeking leave to intervene – application by Attorney General granted.

Madziala v Commissioner of Police [2022] NSWCATAP 138APPEAL – administrative review – application for firearms licence – whether in public interest – application for extension of time in which to appeal – application for leave to appeal – error of law.

Tisdale v Cumberland City Council (No 2) [2022] NSWCATAP 132ADMINISTRATIVE LAW – access to government information – review of decision to refuse access – agency relying upon confidential evidence not disclosed to the applicant – procedural fairness – Government Information (Public Access) Act section 107 – not inconsistent with requirements of procedural fairness for Tribunal to act on basis of confidential evidence.

Jamal v NSW Land and Housing Corporation [2022] NSWCATAP 131APPEAL – residential tenancies – social housing – rent and water arrears – renewal of work order.

Natural Resources Access Regulator v Tony Thompson [2022] NSWLEC 48ENVIRONMENTAL OFFENCES – taking of water otherwise than in accordance with a water access licence – taking of water without an operating water meter – Form 1 offence taken into account – plea of guilty – factors to take into account in determining sentence – whether environmental harm – actual harm to the regulatory scheme – whether offences committed for financial gain – whether offences committed recklessly – contrition and remorse demonstrated – totality principle applied – comparable cases – whether s 10A Crimes (Sentencing Procedure) Act 1999 order appropriate – monetary penalty imposed – publication order – costs ordered.

Masters in Building Training Pty Ltd v State of New South Wales [2022] NSWSC 499CONTRACTS – breach of contract – remedies – debt – where plaintiff provided vocational education training and obtained funding under a contract with the Department of Education to provide such training – where plaintiff had various reporting obligations to the Department in order to qualify for funding – where students were required to “participate” in training, rather than merely access such training – where defendant terminated the contract following alleged Events of Default – whether plaintiff entitled to recover money owing under contract as debt – whether defendant entitled to set off overpayments made to the plaintiff against debt owed to the plaintiff.

Jaggi v Health Secretary in respect of the Western Sydney Local Health District [2022] NSWIRComm 1032EMPLOYMENT AND INDUSTRIAL LAW – termination – statutory rights – unfair dismissal – whether employer able to rely on repudiation of employment in the context of statutory employment – whether conduct amounted to repudiation in any event – whether employer affirmed contract – whether employer otherwise had grounds to dismiss – reliance on misconduct discovered post-employment – whether dismissal unreasonable or harsh – principles to apply on question of remedy. EMPLOYMENT AND INDUSTRIAL LAW – victimisation – whether applicant dismissed or otherwise subjected to detriment on the basis of a proscribed reason – principles to apply on the question of relief – whether orders sought by the applicant are within the power of the Commission to award.

Ahiwaka v Transport for New South Wales [2022] NSWCATAD 138LICENSING – passenger transport licensing – bus driver authority – traffic record – repute – fit and proper person.

FFP v Cumberland City Council [2022] NSWCATAD 136BIAS – recusal – procedural fairness – costs.

DTN v Commissioner of Police [2022] NSWCATAD 134ADMINISTRATIVE REVIEW – Health Records Information Privacy Act – application of HPP 3 and whether unreasonable or impracticable in the circumstances to collect health information from the applicant – assessing the application of HPP 9 in the circumstances – was it reasonable in the circumstances that no steps were taken under HPP 9 to check the relevance or accuracy of the relevant health information or if it was misleading – relief available where HPPs 3 and 9 breached – assessing causation and amount of damages for psychological and physical harm under ss 55(2)(a) and (4) Privacy and Personal Information Protection Act.

Legislation

Commonwealth

Acts Compilation

Income Tax Assessment Act 1997 6 May 2022 – Act No. 38 of 1997 as amended.

Farm Household Support Act 2014 5 May 2022 – Act No.12 of 2014 as amended.

Australian Security Intelligence Organisation Act 1979 2 May 2022 – Act No. 113 of 1979 as amended.

Social Security (Administration) Act 1999 2 May 2022 – Act No. 191 of 1999 as amended.

Security of Critical Infrastructure Act 2018 2 May 2022 – Act No. 29 of 2018 as amended.

Tax Administration Act 1953 29 April 2022 – Act No. 1 of 1953 as amended.

Social Security Act 1991 29 April 2022 – Act No. 46 of 1991 as amended.

National Disability Insurance Scheme Act 2013 28 April 2022 – Act No. 20 of 2013 as amended.

Criminal Code Act 1995 28 April 2022 – Act No. 12 of 1995 as amended.

NSW

Proclamations commencing Acts National Parks and Wildlife Amendment Act 2021 No 47 (2022–192) LW 6 May 2022 National Parks and Wildlife Amendment Act 2021 No 47 (2022–193) LW 6 May 2022 Crimes Legislation Amendment Act 2021 No 46 (2022–169) 29 April 2022

Regulations and other miscellaneous instruments Poisons and Therapeutic Goods Amendment (Prescription Requirements) Regulation 2022 (2022–194) LW 6 May 2022 Major Events Amendment (UCI Road World Championships) Regulation 2022 (2022–191) LW 4 May 2022 Private Native Forestry Code of Practice for Cypress and Western Hardwood Forests (2022–187) LW 2 May 2022 Private Native Forestry Code of Practice for Northern NSW (2022–188) LW 2 May 2022 Private Native Forestry Code of Practice for Southern NSW (2022–189) LW 2 May 2022 Private Native Forestry Code of Practice for the River Red Gum Forests (2022–190) LW 2 May 2022 Greyhound Racing Rules (2022–186) LW 29 April 2022 Personal Injury Commission (Amendment No 1) Rule 2022 (2022–170) LW 29 April 2022 Public Holidays Amendment (Bogan Shire Council) Order 2022 (2022–171) LW 29 April 2022 Water Management (General) Amendment (Lake Albert Filling) Regulation 2022 (2022–172) LW 29 April 2022

Environmental planning instruments Byron Local Environmental Plan 2014 (Amendment No 33) (2022–195) LW 6 May 2022 Dungog Local Environmental Plan 2014 (Amendment No 10) (2022–196) LW 6 May 2022 Lithgow Local Environmental Plan 2014 (Map Amendment No 1) (2022–197) LW 6 May 2022 Mid-Western Regional Local Environmental Plan 2012 (Amendment No 26) (2022–198) LW 6 May 2022 Parramatta Local Environmental Plan 2011 (Amendment No 56) (2022–199) LW 6 May 2022 Port Stephens Local Environmental Plan 2013 (Amendment No 38) (2022–200) LW 6 May 2022 Shellharbour Local Environmental Plan 2013 (Amendment No 25) (2022–201) LW 6 May 2022 State Environmental Planning Policy (Planning Systems) Amendment (State Significant Development–Cemeteries) 2022 (2022–202) LW 6 May 2022 The Hills Local Environmental Plan 2019 (Amendment No 22) (2022–203) LW 6 May 2022 The Hills Local Environmental Plan Amendment (North Kellyville Precinct) 2022 (2022–204) LW 6 May 2022 Willoughby Local Environmental Plan 2012 (Amendment No 22) (2022–205) LW 6 May 2022 Wollondilly Local Environmental Plan Amendment (Precincts–Western Parkland City) 2022 (2022–206) LW 6 May 2022 Campbelltown Local Environmental Plan 2015 (Amendment No 26) (2022–173) LW 29 April 2022 Campbelltown Local Environmental Plan 2015 (Amendment No 27) (2022–174) LW 29 April 2022 Cobar Local Environmental Plan 2012 (Map Amendment No 1) (2022–175) LW 29 April 2022 Cumberland Local Environmental Plan 2021 (Amendment No 4) (2022–176) LW 29 April 2022 Lachlan Local Environmental Plan 2013 (Map Amendment No 1) (2022–177) LW 29 April 2022 Lake Macquarie Local Environmental Plan 2014 (Map Amendment No 3) (2022–178) LW 29 April 2022 Lithgow Local Environmental Plan 2014 (Amendment No 6) (2022–179) LW 29 April 2022 Liverpool Local Environmental Plan 2008 (Amendment No 63) (2022–180) LW 29 April 2022 Liverpool Local Environmental Plan Amendment (East Leppington Precinct) 2022 (2022–181) LW 29 April 2022 Mid-Western Regional Local Environmental Plan 2012 (Map Amendment No 3) (2022–182) LW 29 April 2022 Sutherland Shire Local Environmental Plan 2015 (Amendment No 23) (2022–183) LW 29 April 2022 Wentworth Local Environmental Plan 2011 (Map Amendment No 1) (2022–184) LW 29 April 2022 Wollongong Local Environmental Plan 2009 (Amendment No 50) (2022–185) LW 29 April 2022