The Land and Environment Court recently ruled that a voluntary interview between a Council officer and an individual was properly characterised as ‘required questioning’. As the individual’s answers were required, he should have been warned that he may object to…

Proceedings in the Land and Environment Court often involve the use of expert evidence. Two recent decisions cast light on issues in the preparation of expert evidence that may affect the credibility of an expert witness. The comments made by…

Regulatory authorities commonly issue statutory notices that require a person to furnish information or records. The Supreme Court recently considered such a notice, and provided useful guidance on the legal principles determinative of when a notice will be a valid…

In White v Sutherland Shire Council [2019] NSWCATAD 100 (‘White‘), Senior Member Isenberg dismissed an application for administrative review because she could not identify any legislation relevant to the Applicant’s complaints that would confer jurisdiction on the NSW Civil and…

In Environment Protection Authority v Davis [2019] NSWLEC 79 (EPA v Davis), Pain J considered the liability of the general manager of a company for offences arising from the company’s provision of false information to the Environment Protection Authority (EPA),…

The Privacy and Personal Information Protection Act 1998 (PPIP Act) creates 12 Information Protection Principles that NSW public sector agencies must follow when handling personal information. One of these principles is the restriction on disclosing personal information that a public sector…

The NSW Civil and Administrative Tribunal (NCAT) recently considered an application under the Government Information (Public Access) Act 2009 (GIPA Act) for review of a decision of the Information Commissioner. While the Information Commissioner’s decisions when reviewing GIPA Act decisions…

The Land and Environment Court’s decision in Secretary, Department of Planning and Environment v Leda Manorstead Pty Ltd (No 4) [2019] NSWLEC 58 is a useful reminder of the key principles that apply where multiple development consents operate on the…

The Copyright Act: long, complex, outdated, and a potential trapdoor for local councils when dealing with documents accompanying a development application. The NSW Civil and Administrative Tribunal has recently handed down a decision which illustrates the difficulties for councils in…

A recent decision of the Land and Environment Court examined the way in which a Council investigating officer interviewed witnesses, and how the conduct of that officer ultimately affected the evidence relied on by the prosecutor. The decision provides useful guidance…

In a significant judgment, the Court of Criminal Appeal (Court) has clarified the use of local councils’ investigative powers under s9.22 of the Environmental Planning and Assessment Act 1979 (Act). The Court ruled on when notices to answer questions and produce…

The power in s 60 of the Government Information (Public Access) Act 2009 (GIPA Act) to refuse to deal with an access application is a power often under-utilised by public sector agencies. In this blog, we consider whether recent amendments to the…