Following the Local Government Tendering Regulation Review Discussion Paper September 2021 (‘Discussion Paper‘), the Local Government (General) Amendment Regulation (No 2) 2022 (‘Amendment Reg‘) commenced on 16 December 2022. The Amendment Reg updates the tendering provisions to reflect the current…
The Department of Planning and Environment (Department) has announced a number of changes to the operation of Sydney District Panels and Regional Planning Panels (Regional Planning Panels) and Local Planning Panels (LPPs). The changes to the Regional Planning Panels have…
Privacy Bill Passed to Introduce Mandatory Data Breach Notification Scheme for Public Sector Agencies
On 16 November 2022, the NSW Parliament passed the Privacy and Personal Information Protection Amendment Bill 2022 (‘Bill‘). The Bill is awaiting assent and will come into effect on the first anniversary of the date of assent. Amendments to the…
Auditor General’s performance audit powers extended to certain State and local council contractors
The Government Sector Audit and Other Legislation Amendment Bill 2022 (Bill) has been passed by the NSW Parliament and is awaiting assent. Purpose of the Bill The Bill amends the Government Sector Audit Act 1983 and the Local Government Act…
Local councils in New South Wales from time to time make development applications seeking consent to carry out development on land they own, occupy or otherwise control while at the same time being the consent authority responsible for determining the…
The Office of Local Government (OLG) is currently seeking the input of councils into the development of guidelines under s 23A of the Local Government Act 1993 to promote transparency around the lobbying of councillors. The OLG has also requested the…
Tribunal affirms council decision not to release names of signatories of a letter to the mayor
The Appeal Panel of the NSW Civil & Administrative Tribunal in Moree Plains Shire Council v Howlett [2022] NSWCATAP 221 has allowed an appeal by the Council against the Tribunal’s decision to release information in a letter to the Council’s…
When is it unfair for an employee to be dismissed for breaching a COVID-19 vaccination policy?
The Industrial Relations Commission has recently reviewed a local council’s decision to dismiss an employee for breaching Council’s policy of mandatory COVID-19 vaccination. In Blackwood v Northern Beaches Council [2022] NSWIRComm 1052, Mr Blackwood filed an application against Council for terminating his…
The NSW Civil & Administrative Tribunal has handed down two decisions recently which illustrate when an application for administrative review will be thrown out for being unreasonably out of time. The cases illustrate the importance of calculating limitation periods both…
The Public Interest Disclosures Act 2022 (PID Act 2022) will commence either on 13 October 2023, being 18 months after the date of assent, or on an earlier day or days to be appointed by proclamation, and will repeal the…
The Local Government (General) Amendment Regulation 2022 (NSW) (Amendment Reg) commenced on 10 June 2022. It inserts a new section 170A into the Local Government (General) Regulation 2021 (NSW) (LG Reg). The new section increases the tendering exemption threshold for…
On 20 May 2022, the Independent Commission Against Corruption (‘ICAC‘) released its report on the investigation (‘Operation Ember‘) into the awarding of contracts by employees of the former NSW Roads and Maritime Services (‘RMS‘), which is now part of Transport…