In the media
Workforce shortage threatens hundreds of billions of
dollars in infrastructure investment
A new report from the nation's infrastructure advisory
agency is warning of massive workforce shortages jeopardising
hundreds of billions of dollars in infrastructure, housing and
energy projects across the country. Infrastructure Australia's
annual market capacity report has revealed there are only 177,000
workers currently in the system despite there being enough demand
for the equivalent of 405,000 workers (12 December 2023). Read more
here.
AAT Bulletin Issue No. 24/2023
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 (4 December 2023). Read more here.
Statement of behalf of the Supreme Court of New South
Wales regarding the Industrial Relations Amendment Bill
The Supreme Court has published a statement in relation to
the debate in the Legislative Assembly concerning the Industrial
Relations Amendment Bill (30 November 2023). Read more here.
Cases
Tiny Town Childcare Centre (Portjazz
Pty Ltd) v Secretary, Department of Education
[2023] NSWCATAD 321
ADMINISTRATIVE LAW – Children
(Education and Care Services) National Law (NSW) –
decision to cancel provider approval by the regulatory authority
– stay sought – relevant principles – stay
granted on conditions.
Children (Education and Care Services) National Law (NSW); Civil
and Administrative Tribunal Act 2013 (NSW); Education and Care
Services National Regulations (2011).
Ramsay v Minister for Lands and Water;
Hospitality and Racing, the Minister administering the Water
Management Act 2000 [2023] NSWCA
299
ENVIRONMENT AND PLANNING – jurisdiction of Land and
Environment Court to hear Class 1 appeals – ss 368(1)(a) and
(c) of the Water Management Act 2000 (NSW) – where floodplain
harvesting (regulated river) access licence not granted in relation
to share component said to have been sought – whether
determinations of Minister to grant licences with lower share
components than had been sought amounted to refusals to grant
access licences – whether decision as to share component for
access licence constituted imposition of a discretionary
condition.
Land and Environment Court Act 1979 (NSW) s 17(c); Water Management
Act 2000 (NSW) ss 3, 45, 56, 57, 57A, 61, 63, 66, 67, 68, 68A, 368,
Sch 9 cl 98; Water Management Amendment Act 2014 (NSW); Uniform
Civil Procedure Rules 2005 (NSW) r 13.4; Water Management (General)
Regulations 2018 (NSW) regs 23A-23L; Water Management (Application
of Act to Certain Water Sources) Proclamation 2022; Water Sharing
Plan for the Macquarie and Cudgegong Regulated Rivers Water Source
2016 (NSW).
Zgrivets v Chief Commissioner of State
Revenue [2023] NSWCATAD
314
TAXES AND DUTIES – dutiable transfers –
exemptions – First Home Buyers Assistance Scheme –
principal place of residence – occupation as a principal
place of residence for a continuous period of at least 6
months.
Administrative Decisions Review Act 1997 (NSW) Duties Act 1997
(NSW); First Home Owners Grant Act 2000 (NSW); Taxation
Administration Act 1996 (NSW).
Styles v Wollondilly Shire
Council [2023] NSWCATAD
315
ADMINISTRATIVE LAW – freedom of information –
access to information – administrative review of decision
under Government Information (Public Access) Act 2009 –
whether reasonable searches undertaken for information responsive
to access application – burden of proof that reasonable
searches undertaken on agency – whether public interest
considerations against disclosure made out – burden on agency
to demonstrate each public interest consideration against
disclosure relied on – no such burden on access
applicant.
Administrative Decisions Review Act 1997; Civil and Administrative
Tribunal Act 2013; Evidence Act 1995; Freedom of Information Act
1982 (Cth); Government Information (Public Access) Act 2009.
Webb v iCare NSW
[2023] NSWCATAD 316
ADMINISTRATIVE LAW – Government Information (Public
Access) – grounds for refusing access – whether
information requested is government information held by an
agency.
Administrative Decisions Review Act 1997 (NSW); Civil and
Administrative Tribunal Act 2013 (NSW); Government Information
(Public Access) Act 2009, ss 3, 4, 53, 58(1)(b), Sch 4, cl 12.
Finniss v State of New South
Wales [2023] NSWCA
292
TORTS – negligence – occupier's liability
– school cleaner injured by striking head on a storeroom
doorframe – storeroom contained cleaning products and other
items – whether occupier was negligent – whether
relocating entire contents of storeroom was a reasonable precaution
– whether burden of taking precaution was overly onerous
– where burden included burden of taking similar precautions
– cleaner's contributory negligence – where risk of
harm was patently obvious to person in cleaner's position
– apportionment of liability between occupier and
cleaner's employer – assessment of damages for
non-economic loss.
COSTS – party/party costs – costs of appeal –
where appellant succeeded on several grounds – where
respondent wholly successful on notice of contention – where
respondent did not lead primary judge into error.
Civil Liability Act 2002 (NSW) ss 5B, 5C, 5D, 5F, 5G, 5H and 16;
Workers Compensation Act 1987 (NSW) ss 151H and 151Z.
Shapkin v The University of
Sydney [2023] NSWSC
1534
ADMINISTRATIVE LAW – whether judicial review
proceedings ought to proceed concurrently with statutory appeal
– not satisfied there are circumstances making it appropriate
for concurrent appeal and judicial review proceedings.
Civil and
Administrative Tribunal Act 2013 (NSW) ss 34, 83; Residential Tenancies Act 2010 (NSW); Residential
Tenancies Regulation 2010 (NSW) reg 31; Supreme Court Act 1970 (NSW).
C-Corp Nominees Pty Ltd v Inner West
Council [2023] NSWLEC
1746
DEVELOPMENT APPLICATION – demolition of existing
structures and construction of a residential flat building –
existing use – impact on the heritage significance of the
heritage conservation area.
Environmental Planning and Assessment Act 1979, Div 4.11, ss 4.15,
4.65, 8.7; Land and Environment Court Act 1979, s 34; Inner West
Local Environmental Plan 2022, cll 4.4, 4.6, 5.10.
Gallo v Chief Commissioner of State
Revenue [2023] NSWCATAD
311
MERITS REVIEW – REVENUE LAW – jurisdiction of
the Tribunal – onus – surcharge land tax on residential
land – foreign person – effect of submissions without
supporting evidence or relevant authority.
Administrative Decisions Review Act 1997 (NSW); Civil and
Administrative Tribunal Act 2013 (NSW); Land Tax Act 1956 (NSW);
Taxation Administration Act 1996 (NSW).
Holt Avenue Cremorne Pty Ltd v North
Sydney Council [2023] NSWLEC
1736
APPEAL – development application – residential
flat building in medium density zone – breach of height
development standard – now a prohibited use – whether
compatible with zone – building design – privacy
impacts.
Environmental Planning and Assessment Act 1979, ss 4.15, 8.7;
Environmental Planning and Assessment Regulation 2000, cl 55, Sch
1; Heritage Act 1977, s 25; Land and Environment Court Act 1979, s
39; North Sydney Local Environmental Plan 2013 (Amendment No 35);
North Sydney Local Environmental Plan 2013, cll 1.2, 1.8A, 4.3,
4.6, 6.10; Standard Instrument (Local Environmental Plans)
Amendment (Exceptions to Development Standards) Order 2023;
Standard Instrument (Local Environmental Plans) Order 2006, cl 8;
State Environmental Planning Policy (Resilience and Hazards) 2021,
s 4.6; State Environmental Planning Policy No 65 – Design
Quality of Residential Apartment Development, cll 6A, 28, 30.
Trappel v Industrial Relations
Secretary on behalf of the Legal Aid Commission of
NSW [2023] NSWCATAD
304
HUMAN RIGHTS – discrimination – pregnancy
– carer responsibilities direct and indirect discrimination
– condition or requirement – failure to offer
employment following expiry of short, fixed term contracts.
Anti-Discrimination Act 1997 (NSW), ss 24, 25, 49S, 49T, 49V; Civil
and Administrative Tribunal Act 2013, s 38; Government Sector
Employment Act 2013 (NSW); Government Sector Employment (General)
Rules 2014, r. 12.
Chaouk v Chief Commissioner of State
Revenue [2023] NSWCATAD
305
ADMINISTRATIVE REVIEW – Privacy and Personal
Information Protection Act – application for dismissal under
s 55 Civil and Administrative Tribunal Act 2013 (NSW).
Administrative Decisions Review Act 1997 (NSW); Civil and
Administrative Tribunal Act 2013 (NSW); Privacy and Personal
Information Protection Act 1998 (NSW).
Lewis v Commissioner of
Police [2023] NSWIRComm
1117
EMPLOYMENT AND INDUSTRIAL LAW – Industrial Relations
Commission – Procedure and powers – motion to set aside
summons to produce – relevant principles.
Industrial Relations Act 1996 (NSW); Police Act 1900 (NSW); Civil
Procedure Act 2005.
The Australian Workers' Union, New
South Wales v Industrial Relations Secretary in respect of the
Department of Planning and Environment [2023]
NSWIRComm 1118
EMPLOYMENT AND INDUSTRIAL LAW – Industrial disputes
– allegation that respondent failing to comply with
applicable award in establishing rosters – notifier seeking
interpretation of award and recommendations – whether
evidence reveals breach of award – whether Commission's
intervention warranted.
Fair Work Act 2009 ss 114, 116; Industrial Relations Act 1996 s
130, 136.
SafeWork NSW v Think Tank Building
Solutions Pty Ltd [2023] NSWDC
532
CRIMINAL LAW – SENTENCE – objective
seriousness – mitigating factors – aggravating factors
– plea of guilty – appropriate discount for the utility
of the plea – general deterrence – specific deterrence
– remorse and contrition – maximum penalties –
COSTS – prosecutor's costs.
Crimes (Sentencing Procedure) Act 1999 (NSW); Criminal Procedure
Act 1986 (NSW); Fines Act 1996 (NSW); Work Health and Safety Act
2011 (NSW).
Rockliff Estate Pty Ltd v Liverpool
City Council [2023] NSWLEC
1725
APPEAL – development application – earthworks
– vegetation management and remediation – industrial
development – permissibility – characterisation of
purpose of development – vehicular access whether
"road" or "industry" – "road"
permissible but "industry" not permitted in zone.
Environmental Planning and Assessment Act 1979, s 8.7; Liverpool
Local Environmental Plan 2008; Roads Act 1993.
Perez v Commissioner for Fair
Trading [2023] NSWCATOD
179
ADMINISTRATIVE REVIEW – Property and Stock Agents
Act 2002 – Application for restoration of real estate agent
licence – extension of time for making application –
whether just and equitable to restore the licence.
Administrative Decisions Review Act 1997; Property and Stock Agents
Act 2002; Property and Stock Agents (Qualifications) Order 2019;
Property, Stock and Business Agents Amendment (Property Industry
Reform) Act 2018.
Legislation
Acts compilation
Australian Securities and Investments Commission
Act 2001 (12/12/2023) – Act No. 51 of 2001 as
amended
National Anti-Corruption Commission Act 2022
(12/12/2023) – Act No. 88 of 2022 as amended
Inspector-General of Animal Welfare and Live Animal
Exports Act 2019 (12/12/2023) – Act No. 81 of 2019 as
amended
Trade Marks Act 1995 (11/12/2023) – Act
No. 119 of 1995 as amended
Crimes Act 1914 (11/12/2023) – Act No. 12
of 1914 as amended
A New Tax System (Family Assistance) Act 1999
(11/12/2023) – Act No. 80 of 1999 as amended
Australian Citizenship Act 2007 (11/12/2023)
– Act No. 20 of 2007 as amended
Veterans' Entitlements Act 1986
(11/12/2023) – Act No. 27 of 1986 as amended
Fair Work Act 2009 (9/12/2023) – Act No.
28 of 2009 as amended
Migration Act 1958 (9/12/2023) – Act No.
62 of 1958 as amended
Patients Act 1990 (8/12/2023) – Act No.
83 of 1990 as amended
Administrative Decisions (Judicial Review) Act
1977 (7/12/2023) – Act No. 59 of 1977 as amended
Health Insurance Act 1973 (7/12/2023) –
Act No. 42 of 1974 as amended
Customs Act 1901(7/12/2023) – Act No. 6
of 1901 as amended
Criminal Code Act 1995 (7/12/2023) – Act
No. 12 of 1995 as amended
Minister of State Act 1952 (4/12/2023) –
Act No. 1 of 1952 as amended
Federal Circuit and Family Court of Australia Act
2021 (4/12/2023) – Act No. 12 of 2021 as amended
Corporations Act 2001 (4/12/2023) – Act
No. 50 of 2001 as amended
Assented to
Climate Change (Net Zero Future) Act 2023 No
48 – assented to 11 December 2023
Building Legislation Amendment Act 2023 No 44
– assented to 11 December 2023
24-Hour Economy Commissioner Act 2023 No 54
– assented to 12 December 2023
Casino Control Amendment Act 2023 No 46 –
assented to 11 December 2023
Emergency Services Legislation Amendment Act
2023 No 42 – assented to 11 December 2023
Crimes Amendment (Prosecution of Certain Offences)
Act 2023 No 47 – assented to 11 December 2023
Centennial Park and Moore Park Trust Amendment (Car
Parking) Act 2023 No 43 – assented to 11 December
2023
Strata Legislation Amendment Act 2023 No 45
– assented to 11 December 2023
Transport Administration Amendment (TAHE) Act
2023 No 50 – assented to 12 December 2023
Energy Legislation Amendment Act 2023 No 49
– assented to 12 December 2023
Greater Cities Commission Repeal Act 2023 No 52
– assented to 12 December 2023
Road Transport Legislation Amendment (Automated
Seatbelt Enforcement) Act 2023 No 51 – assented to 12
December 2023
Electoral Funding Amendment Act 2023 No 55
– assented to 12 December 2023
24-Hour Economy Legislation Amendment (Vibrancy
Reforms) Act 2023 No 53 – assented to 12 December
2023
Biosecurity Amendment (Independent Biosecurity
Commissioner) Act 2023) No 56 – assented to 12 December
2023
Regulations and Miscellaneous instruments
Road Transport amendment (Electric Scooter Trial and Parking) Rule 2023 – LW 1 December 2023
This publication does not deal with every important topic or change in law and is not intended to be relied upon as a substitute for legal or other advice that may be relevant to the reader's specific circumstances. If you have found this publication of interest and would like to know more or wish to obtain legal advice relevant to your circumstances please contact one of the named individuals listed.
