Councils and public sector agencies are reminded that a review (Review) of the Government Information (Public Access) Act 2009 (GIPA Act) is currently being undertaken. Any council or agency wishing to make submissions to the Review must do so by 29 August 2014.
The Local Government (State) Award 2014
The NSW Industrial Relations Commission has made a new award for local government. The award applies to over 50,000 employees in 150 local government areas across NSW from 1 July 2014.
The recent case of Regional Express Holdings Limited (Rex) v Dubbo City Council (Council) (No 3) [2014] NSWLEC 87 (Decision) raises fundamental issues about a Council’s power to charge a fee for service under s608 of the Local Government Act…
Tribunal Overturns Suspension of Councillor
A Marrickville councillor who was suspended for two months by the Director-General of the Division of Local Government (DG) for engaging in misconduct has succeeded in having the suspension overturned in the NSW Civil and Administrative Tribunal (Tribunal).
On 1 April 2014 I published a blog Swimming Pools Act: The Deadline Postponed. The blog advised that Councils had another 12 months in which to implement their inspection program and to establish their mandatory program of review of tourist,…
Swimming Pools Act: The Deadline Postponed
Numerous incidents over the years involving the tragic drowning of small children in backyard pools led the State Government in 2012 to amend the Swimming Pools Act 1992 (Act). The main changes strengthen compliance conditions for child proof fencing and child…
We recently reported on a case (Mickle v Farley [2013] NSWDC 295) highlighting the ‘grapevine effect’ of defamatory comments posted on social media and how this impacts on the assessment of damages to the injured party. However, a recent case…
More on ‘best’ or ‘reasonable’ endeavours clauses
We previously blogged on a case which discussed what ‘best’ or ‘reasonable’ endeavours means in a commercial contract in a development context: here. A new High Court decision provides further guidance about how these obligations are to be construed.
A District Court judge in Mickle v Farley [2013] NSWDC 295 has recognised the grapevine effect of social media in assessing the amount of damages to be awarded in a defamation case.
Compulsory Acquisition of Reserve Trust Land
Tempe Recreation (D.500215 & D.1000502) Reserve Trust v Sydney Water Corporation [2013] NSWLEC 221, is the first case to consider s106A of the Crown Lands Act 1989 (CL Act) which relates to the compulsory acquisition of reserve trust land under the…
From 24 February 2014, the former Department of Planning and Infrastructure (DoPI) is known as ‘Planning and Infrastructure’ in accordance with the Government Sector Employment Act 2013 (GSE Act).
Companion Animals Taskforce response
The State Government has released its final response to the Companion Animals Taskforce, a body set up by the government in 2011 to review the Companion Animals Act 1998 (Act) as well as policy on dog and cat welfare generally.