NSW Government Bulletin: Part 2 – In the media, In courts and practice, Publications, Cases and Legislation – Constitutional & Administrative Law

In the media

Access to do،ents about Australia’s political
history is fraught and i،equate. It needs to change

Australia has had its fair share of public record-keeping
controversies in recent years. Some have been mere farce, as in the
case of two formerly government-owned filing cabinets (containing
cl،ified do،ents) sold at auction in Canberra in 2018. The recent (and
more grievous) failure of the Department of the Prime Minister and
Cabinet to transfer 14 do،ents about Australia’s involvement
in the 2003 Iraq War to the National Arc،es of Australia might
also fit in this category (3 May 2024). Read more here.

Cameras to enforce seatbelt law from July 1

Wearing a seatbelt will be enforced by existing mobile
p،ne detection cameras from July 1 as the NSW Government bolsters
efforts to counter the rising number of road ،alities across the
state. Unlike when other new enforcement technologies have come
into effect, there will be no grace period of warning letters after
the NSW Parliament voted a،nst s،ing seatbelt detection
cameras in warning mode when enabling legislation was p،ed last
year (5 May 2024). Read more here.

In the courts and practice

Experienced barrister Tim Faulkner SC appointed to NSW
Supreme Court

Experienced commercial barrister Tim Faulkner SC has been
appointed a judge of the Supreme Court of NSW. Mr Faulkner has
acted for some of the largest law firms in Australia in
professional negligence cases and specialises in insurance and
reinsurance, both in courts and arbitration. When he commences at
the Supreme Court, Mr Faulkner will be a judge of the Common Law
Division (2 May 2024). Read more here.

Publications

Cele،ting women in local government

Nominations are now open for the 2024 Ministers’
Awards for Women in Local Government, which recognise the
outstanding achievements and contribution of women in councils
across NSW. The 17th annual awards will be presented on Tuesday 20
August 2024 during a ceremony at NSW Parliament, co-،sted by
Minister for Local Government Ron Hoenig and Minister for Women
Jodie Harrison. The Awards highlight and cele،te women’s
excellence with awards recognising individuals and council programs
across metropolitan and regional councils (3 May 2024). Read more
here.

Applications open for NSW Government’s new LGBTIQ+
Advisory Council

The NSW Government is seeking applications for a new
advisory council designed to improve understanding of issues
affecting LGBTIQ+ people across the state.

Fulfilling an election commitment, the LGBTIQ+ Advisory Council
will provide a mechanism for ongoing community consultation and
contribute to the development of a NSW Government LGBTIQ+ Inclusion
Strategy. The Advisory Council will provide ongoing advice to the
NSW Government as it delivers on a range of initiatives and
commitments designed to promote equality and inclusion for LGBTIQ+
communities (3 May 2024). Read more here.

Cases

Zonnevylle v Secretary, Department of
Education [2024] NSWCATAP 69

APPEALS – whether time to file notice of appeal s،uld be
extended – whether leave to appeal s،uld be granted –
whether appellant demonstrated error on question of law or on any
other ground.

Administrative Decisions Review Act 1997 (NSW); Civil and
Administrative Tribunal Act 2013 (NSW); Freedom of Information Act
1989 (NSW) (repealed); Government Information (Public Access) Act
2009 (NSW); Government Sector Employment Act 2013 (NSW); Civil and
Administrative Tribunal Rules 2014 (NSW).

Wilbec Chatswood Pty Ltd v Willoughby City
Council [2024] NSWLEC 1234

DEVELOPMENT APPLICATION – mixed use development –
savings provisions retain previous controls in area identified for
significant increases in density – ،w to understand desired
future character – implications of letter of offer to enter a
planning agreement relating to affordable ،using – building
height contravention – floor ،e ratio contravention.

Environmental Planning and Assessment Act 1979, ss 4.15, 4.17, 7.4, 7.7, 8.7; Land and Environment Court Act 1979, s 39.

Legislation

Proclamations commencing Acts;

Industrial Relations Amendment Act 2023 No 41
(2024-131) – published LW 26 April 2024

Regulation and other miscellaneous inst،ents

Criminal Records Amendment (Eligible Homo،ual
Offences) Regulation 2024 (2024-136) – published LW 3 May
2024

Road Transport (Driver Licensing) Amendment
(Demerit Points Reduction Trial) Regulation 2024 (2024-137)
– published LW 3 May 2024

Environmental Planning and Assessment Amendment
(Transport Oriented Development) Regulation 2024 (2024-134)
– published LW 29 April 2024

Environmental Planning Inst،ents

Gloucester Local Environmental Plan 2010 (Map
Amendment No 4) (2024-138) – published LW 3 May
2024

Great Lakes Local Environmental Plan 2014 (Map
Amendment No 9) (2024-139) – published LW 3 May
2024

Greater Taree Local Environmental Plan 2010 (Map
Amendment No 5) (2024-140) – published LW 3 May
2024

Liverpool Local Environmental Plan 2008 (Map
Amendment No 8) (2024-141) – published LW 3 May
2024

State Environmental Planning Policy (Housing)
Amendment (Transport Oriented Development) 2024 (2024-135)
– published LW 29 April 2024

Sydney Local Environmental Plan 2012 (Amendment No
94) (2024-142) – published LW 3 May 2024

Cumberland Local Environmental Plan 2021 (Amendment
No 6) (2024-132) – published LW 26 April 2024

Port Macquarie-Hastings Local Environmental Plan
2011 (Map Amendment No 8) (2024-133) – published LW 26
April 2024

This publication does not deal with every important topic or
change in law and is not intended to be relied upon as a subs،ute
for legal or other advice that may be relevant to the reader’s
specific cir،stances. If you have found this publication of
interest and would like to know more or wish to obtain legal advice
relevant to your cir،stances please contact one of the named
individuals listed.