The existence of a duty of care in negligence for a misstatement by a statutory authority was recently considered in Loulach Developments Pty Ltd v Roads and Maritime Services [2019] NSWSC 438, by the NSW Supreme Court. In doing so,…
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…
The use of information technology systems for internal management functions, to provide services and information to their communities and to exercise regulatory functions is integral to the day to day operation of governmental organisations. External providers are commonly used to…
The Australian Competition and Consumer Commission (ACCC) recently issued determinations under the Competition and Consumer Act 2010 (Cth) (the CC Act) authorising certain councils to jointly procure waste management services.
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…
A recent decision of the NSW Court of Appeal deals with whether land being developed for the purpose of residential apartments can be categorised as ‘residential’ for rating purposes under s516 of the Local Government Act 1993 (LG Act).
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…
In November 2018, the Commonwealth Attorney-General’s Department and the Minister for Indigenous Affairs released exposure draft legislation which proposed reforms to the native title system under the Native Title Act 1993 (Cth). The two exposure drafts, the Native Title Amendment…
The NSW Independent Commission Against Corruption has published new guidelines for public sector organisations ‘Direct negotiations: guidelines for managing risks‘ (‘2018 Guidelines‘). The 2018 Guidelines replace the guidelines published by the Commission in 2006 (‘2006 Guidelines‘).
On 26 October 2018 the NSW Parliament passed legislation to introduce a statutory duty on both public sector agencies and private organisations to prevent the abuse of children.
Generally proceedings challenging an administrative decision must be commenced within 3 months of the decision being made. However, the Court does have the discretion to vary this time frame. Three recent decisions in the Land and Environment Court involving challenges…