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…
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…
A recent decision by the NSW Court of Criminal Appeal (CCA) confirms that the Land and Environment Court (LEC) has the power to summarily dismiss a summary prosecution prior to final hearing when an essential condition of criminality cannot be…
The ability for Councils to charge fees for an application for a Building Information Certificate (BIC) has been removed by the Environmental Planning and Assessment Regulation 2021 (EPA Reg 2021). An application for a BIC is made to the council…
On 7 April 2022, the Office of Local Government released the following two new model policies for local councils in New South Wales: Model Councillor and Staff Interaction Policy (CSI Policy) Model Social Media Policy (Social Media Policy) These two policies…
The Environmental Legislation Amendment Act 2022 (Amendment Act) has come into force, making significant amendments to environmental protection legislation in NSW. This is our second blog on the Amendment Act. We previously discussed the imposition of new liabilities on current…
The Environmental Legislation Amendment Act 2022 (Amendment Act) has come into force, making significant amendments to environmental protection legislation in NSW. The Amendment Act primarily seeks to overcome practices that certain industry sectors, businesses and individuals have established to avoid…
The New NSW Alfresco Dining Regime
As we all look forward to returning to our local restaurants, pubs and cafes the NSW Government has released their ‘Alfresco Restart Package’. Included in the Alfresco Restart Package are changes to the planning rules to enable premises across the…
How is light pollution regulated in NSW?
It has been claimed that artificial light at night is the fastest growing pollutant in the world. And whether or not that is demonstrably the case, it does seem that relatively little has been written about how law and policy…
In a recent matter in the District Court of NSW, the Court considered a claim of negligence brought against Georges River Council (Council), amongst other parties. The case, while not establishing new law, highlights the importance of integrating risk management…
The Office of Local Government (‘OLG’) recently released a consultation draft for a Model Social Media Policy for councils (‘Draft Policy’). With social media increasingly used for council communications, the Draft Policy represents a significant step forward in best practice…
Local governments play an important role in Australia’s foreign relations. Indeed, the Australian Local Government Association noted in its submission to a recent Senate inquiry (‘Senate Inquiry‘) that there are at least 37 arrangements between councils and foreign entities, as…