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Fair Work Commission decision raises doubt about legal status of local councils in NSW
Section 220 of the Local Government Act 1993 (NSW) declares that a council is ‘is a body politic of the State’ and ‘is not a body corporate (including a corporation)‘. Amongst other things, this declaration is considered to largely shield…
Employment law: what is a ‘reasonable’ period of probation?
For the first time in the context of a local council, the recent decision of the NSW Industrial Relations Commission (IRC) in Shrestha v City of Ryde Council [2024] NSWIRComm 1005 has considered the interactions between differing lengths of probationary…
Overview of Revised NSW Local Planning Agreements Practice Note
The Department of Planning and Environment is publicly exhibiting a document titled ‘Local infrastructure contributions practice notes‘ (Draft VPA Practice Note) as part of its set of new infrastructure contribution practice notes. The Department is seeking feedback until Friday 23…
Revised NSW Local Infrastructure Contributions Practice Notes on Public Exhibition
The Department of Planning and Environment is publicly exhibiting a new set of local infrastructure contribution practice notes and seeking feedback until Friday 23 February 2024. The Department’s website states that it ‘has undertaken the first comprehensive rewrite of all…
Bill to Change Costs in Discrimination Proceedings Introduced to Federal Parliament
Introduction Following the Respect@Work report into harassment and discrimination in the workplace, many changes have been made to the harassment and discrimination legal framework at the Federal level, including extending the protections offered under the Age Discrimination Act 2004, Disability…
An expanded notion of the duty to undertake an REF (Review of Environmental Factors) under Division 5.1 of the EPA Act?
Before carrying out or approving an activity under Division 5.1 of the Environmental Planning and Assessment Act 1979 (‘EPA Act‘), determining authorities are required to consider the environmental impacts of the activity. This is commonly referred to as a review of…
NSW Housing and Productivity Contributions Implementation
On 25 August 2023, the NSW Department of Planning and Environment released the draft Environmental Planning and Assessment (Housing and Productivity Contribution) Order 2023 (Ministerial order) to give effect to the introduction of the Housing and Productivity Contribution (HPC). The…
ALERT: Bill for Housing & Productivity Development Contributions Scheme Passed by Parliament
The Environmental Planning and Assessment Amendment (Housing and Productivity Contributions) Bill 2023 which was introduced into the NSW Legislative Assembly on 23 May 2023 was passed by Parliament on 28 June 2023. It is currently awaiting assent and will commence on…
Bill for Housing & Productivity Development Contributions Scheme Introduced into NSW Parliament
The Environmental Planning and Assessment Amendment (Housing and Productivity Contributions) Bill 2023 was introduced into the NSW Legislative Assembly on 23 May 2023. The Bill is now awaiting debate following the Minister’s second reading speech. The Bill is for an…
Commencement of New Employment Zones
On 26 April 2023, five new employment zones and four new supporting zones took effect in local environmental plans (LEPs) across NSW, replacing the former Business (B) and Industrial (IN) zones. The amendments to the zones in LEPs across NSW…
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…
ALERT: NSW Reconstruction Authority Bill Passed by Parliament
On 17 November 2022, the NSW Parliament passed the NSW Reconstruction Authority Bill 2022 (‘Bill‘). The Bill is awaiting assent. Regulations will need to be made to enable certain provisions of the Bill to operate. The Bill establishes the NSW…
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