The release of information under the Government Information (Public Access) Act 2009 (GIPA Act) is commonly referred to as being a release to the world at large. However, this view erroneously conflates the requirement in the GIPA Act for the…
The NSW Civil and Administrative Tribunal has again dealt with a dispute concerning public access to copyright material under the Government Information (Public Access) Act 2009 (GIPA Act). While the facts of this case are similar to those of a case…
Council delegations are an important governance tool at any time. During the current Novel Coronavirus (COVID-19) crisis, delegations provide a means of enabling councils to continue functioning in a timely and responsive manner as events unfold quickly and urgent decisions…
On 27 February 2020 the Local Government Amendment (Disqualification from Civic Office) Bill 2020 (“Bill”) was introduced into parliament. It proposes to amend s 275 of the Local Government Act 1993 to provide that real estate agents and property developers…
The deadline for the preparation of community participation plans (CPPs) is fast approaching. NSW planning authorities, including councils and State government agencies with key planning approval functions, are required to have prepared their first CPP before 1 December 2019. Council’s…
On 2 October 2019, the Office of Local Government (‘OLG‘) issued Circular No 19-25 (‘Circular‘) following the recent Supreme Court decision in Cornish v Secretary, Department of Planning, Industry and Environment [2019] NSWSC 1134 (‘Cornish‘). The OLG is considering the…
Legislation and codes of conduct apply to both State and local government employees in NSW. We are frequently asked whether the restrictions on conduct contained in such codes may infringe upon the implied right to freedom of political communication. The…
The NSW Civil and Administrative Tribunal has recently considered the extent to which a local council carries on a business for the purposes of the Fair Trading Act 1987 and the Competition and Consumer Act 2010 (CCA). The judgment contains…
The governing body of Council is frequently required to consider sensitive documentation when making decisions. Sometimes, the Council needs to make arrangements to secure the information provided to councillors. In Barrak v City of Parramatta Council [2019] NSWLEC 59, the Court…
The Governor has issued further orders that change administrative arrangements and Ministerial responsibilities in NSW. These orders are the Administrative Arrangements (Administration of Acts—General) Order (No 2) 2019 (‘General Order‘), Administrative Arrangements (Administrative Changes—Ministers) Order (No 2) 2019 (‘Ministers Order‘),…
Following the return of the Coalition government on 23 March 2019, the Governor has issued Administrative Arrangements (Administrative Changes – Public Service Agencies) Order 2019, Administrative Arrangements (Administration of Acts—General) Order 2019 and Administrative Arrangements (Administrative Changes—Ministers) Order 2019 (together…
On 14 December 2018 the Model Code of Meeting Practice for Local Councils, 2018 Model Code of Conduct and 2018 Procedures for the Administration of the Model Code of Conduct were prescribed. Council’s previous codes are saved until 14 June…