[vc_row][vc_column][vc_column_text] WHO SHOULD READ THIS State Government entities. THINGS YOU NEED TO KNOW The Commonwealth and NSW Governments are working together to drive build-to-rent projects in New South Wales. The changes will enable Governments to benefit from build-to-rent developments and deliver new social, affordable and private dwellings on Government owned land. WHAT YOU NEED TO …
Expertise Archives:
NSW Government proposes new Housing Diversity SEPP
Following the outbreak of COVID-19 in Australia and the staged shutdowns that have been implemented across the country, the outlook for the housing market faces significant uncertainty. Whilst the full impact of COVID-19 on the economy, labour market and housing demand still remains to be seen, as part of its response to the impacts of …
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Measures to limit a council’s exposure to prosecution proceedings
Local government plays an integral role in the provision of a wide range of services as well as being responsible for the day-to-day management and operation of important community facilities. This article considers how councils may be held responsible for environmental incidents that occur at these facilities and what prosecution action a council might face. …
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New Bill – Environment Protection and Biodiversity Conservation Amendment (Streamlining Environmental Approvals) Bill 2020
WHO SHOULD READ THIS Local Government. THINGS YOU NEED TO KNOW The Federal Government has introduced a bill that proposes a number of changes to the EPBC Act (focused especially on the operation of bilateral agreements in NSW). The Independent Review of the EPBC Act also remains ongoing and is expected to result in a …
Recovery of council’s costs for sale of land for unpaid rates and charges
On 11 February 2020, the New South Wales Supreme Court in the case of Armidale Regional Council v Vorhauer (No 2) [2020] NSWSC 56 expanded the costs that are recoverable by a local council under section 718 of the Local Government Act 1993 (LG Act) as part of the sale of land for unpaid rates. …
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Design and Building Practitioners Act 2020 (NSW) introduces mandatory registration for engineers in NSW – what you need to know
WHO SHOULD READ THIS All engineers and engineering firms, and the owners, principals and contractors who engage engineers for their projects in the building and construction industry in New South Wales. WHAT YOU NEED TO KNOW From 1 July 2021, only registered professional engineers (or those under the direct supervision of a registered professional engineer) …
What is a day? High Court Delivers Landmark Decision on Personal Leave Entitlements
In a significant decision, the High Court of Australia has clarified the method of calculating an employee’s entitlement to paid personal/ carer’s leave under the Fair Work legislation. On 13 August 2020 the High Court of Australia handed down its decision in Mondelez Australia Pty Ltd v AMWU & Ors [2020] HCA 29. Importantly, the …
New changes for councillor conflict of interest disclosures and obligations
The long awaited next suite of amendments to the Local Government Act 2009 (Qld) (LGA), originally promised before the 2020 Local Government Quadrennial Elections, was assented to on 30 June 2020. The Electoral and Other Legislation (Accountability, Integrity and Other Matters) Amendment Act 2020 (Qld) (Amending Act). In the local government sphere, the Amending Act …
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Bunnings found to be a shop not a shopping centre
On 19 May 2020, the Court of Appeal delivered judgment in BWP Management Limited & Anor v Ipswich City Council [2020] QCA 104. The case, which had already been through the Land Court and the Land Court of Appeal, was simple in its premise – for the purpose of the levying of Council differential rates, …
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Appeal outcome – Local government still liable for failure to secure warning signs
In our inaugural edition of The Local Law, we highlighted the Queensland District Court decision of Tait v Goondiwindi Regional Council [2019] QDC 208 (see here). In that decision, Goondiwindi Regional Council (Council) was found liable in negligence for failing to properly secure warning signs on rain-affected parts of the Leichhardt Highway (Highway), which caused …
COVID-19 changes to electronic execution of documents
In the December 2019 issue of The Local Law we outlined the position in regards to reliance upon electronic execution of documents. Since that time, the COVID-19 pandemic has introduced novel challenges in this area and the pre-COVID-19 legislation simply did not envisage the issues that parties may have in receiving, signing and exchanging hardcopy …
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Revisiting data in a post-COVID world
COVID-19 has presented new and unique challenges across both the private and public sector. For local governments, the shift of workforces into their homes and consequential repopulation of suburbs during working weeks, as well the shut down or pivoting of local economies, presents the opportunity for local governments to revisit how data sets can be …
Approvals (COVID) currency extension: Minister adds six months to all development approvals
Earlier this year, urgent amendments were made to the Planning Act 2016 (Qld) (the Act) to allow the Minister to extend or suspend periods under the Act because of the impact of COVID-19. On 8 July 2020, the Treasurer (also being the Minister administering the Act), first exercised this power, by issuing an Extension Notice …
Schrems II – A view from downunder
Introduction – The challenge of extra-territoriality for non-EU businesses and GDPR Since the introduction of the General Data Protection Regulation (GDPR) in 2018, Australian businesses, like other non-EU domiciled businesses around the world, have grappled with the extra-territorial operation of the GDPR, particularly in the absence of a body of clear judicial interpretation on the …
The modern minefield – water approvals for mining projects
This article gives an overview of the water regulatory regime for resource projects in Queensland, by exploring the following questions: Do you need an authority to take or interfere with water for your project? What is an ‘Associated Water Licence’ and do you need one? How do you comply with water monitoring obligations off-tenure? When …
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Learning from past mistakes – tips for local government prosecutions
A successful prosecution requires careful and considered action to be taken by prosecutors from the initial investigation stages, through to the final stages of the enforcement process. There are a number of existing guidelines which provide helpful information on some of the key principles and processes that local enforcement authorities should refer to when exercising …
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Data Security Checklist for NSW Government Agencies
As the COVID-19 pandemic has unfolded, we have become increasingly reliant on remote Internet-connected workforces. The practical difficulties with returning to in-person working environments have highlighted that we will continue to rely on remote working arrangements, at least to some extent, for the foreseeable future. Additionally, it is likely that we will see a structural …
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The Environmental Impacts of COVID-19 Recovery
The planning system has been identified as having a critical role to play in supporting the economy during this time. To ensure that the planning system is able to adapt to the challenges presented by COVID-19, a number of amendments have been made to planning legislation in NSW in an effort to stimulate economic activity. …
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Understanding water regulation
About this insight article This is the first of McCullough Robertson’s six part series on understanding water regulation, which will focus on the complex water regimes across Queensland (QLD) and New South Wales (NSW). Look out for further insight articles on: water regulations specific to the resources sector; regional water modelling and cumulative impacts; water …
Amber Sharp
McCullough Robertson bolsters Government offering with key lateral partner hire in Sydney
Leading independent Australian law firm McCullough Robertson Lawyers announced today the appointment of Amber Sharp as a partner in the national Employment Relations and Safety team. This appointment supports three key areas of focus for McCullough Robertson: State and Commonwealth Government offering; Sydney and New South Wales growth; and strengthening the national Employment Relations and …
Casual approach causes major headache: WorkPac v Rossato
In a unanimous, but 272 page, judgment, the Full Court of the Federal Court has shattered what many employers had considered to be the standard position about engaging casual employees. An appeal is all but certain. However, as it stands, employers with a casual workforce face an unprecedented risk of employees claiming back-pay, and potentially penalties, …
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Workers not entitled to use paid sick leave during stand down
In a significant decision, the Federal Court has determined that Qantas Airways does not need to allow its stood down workers access to paid personal/carer’s leave or compassionate leave during the period of stand down. The decision by Justice Flick clarifies the obligations of employers and the rights of thousands of other stood down workers …
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Queensland Supreme Court clarifies property donor laws
In many jurisdictions around Australia including Queensland and New South Wales (NSW), property developers are prohibited from making political donations. In NSW, a ‘property developer’ is an individual or corporation that: carries on a business mainly concerned with the residential or commercial development of land, with the ultimate purpose of its sale or lease of …
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Review of local infrastructure contributions and associated improvements
On 15 April 2020, the NSW Planning and Public Spaces Minister Rob Stokes (the Minister) announced that Productivity Commissioner Peter Achterstraat has been appointed to commence a review of the current developer contributions system and provide recommendations for an improved system by the end of 2020. In connection with this, a series of more immediate …
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Data Security Checklist for NSW Councils
As the COVID-19 pandemic unfolds, we are becoming increasingly reliant on remote internet-connected workforces. With this shift to remote working, comes heightened data sensitivity risks, including an increase in the likelihood of cyber attacks and privacy breaches. Specifically, there has been an uptick in COVID-19 themed ‘phishing’ emails and SMS messages. Hackers are taking advantage …
Changes to local council operations in response to COVID-19
Practical considerations Following the commencement of the COVID-19 Legislation Amendment (Emergency Measures) Act 2020 on 25 March, the Minister for Local Government who is responsible for administering the Local Government Act 1993 (the LG Act) has been granted significant powers to alter the functions and responsibilities of local councils in response to the ongoing Coronavirus …
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COVID-19 – Property acquisition and disposal
The real estate market is rapidly changing as a result of the current COVID-19 pandemic. Consideration of potential disruptions that may be caused by the pandemic should be made for any new property contracts Councils may be considering entering into. For Councils that have entered into contracts for the sale and purchase of land, the …
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JobKeeper payments: wage relief and support for businesses
[vc_row][vc_column][vc_column_text]The Australian Government is offering wage subsidies to help employers retain their employees during the COVID-19 pandemic, and keep employees engaged until the inevitable rebound. Wage relief Eligible businesses (including not-for-profits) who elect to participate in the scheme can expect a wage subsidy of $1,500 per fortnight per eligible employee. The JobKeeper payment is a …
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Australian Bushfire Declaration – your rights and obligations
WHO SHOULD READ THIS WHAT YOU NEED TO KNOW On 20 January, the Attorney-General made the Privacy (Australian Bushfires Disaster) Emergency Declaration (No 1) 2020 (Declaration) under s80J of the Privacy Act 1988 (Cth) (Privacy Act) as a response to bushfires in Australia resulting in death, injury and/or property damage from August 2019 into 2020. …
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