After two years of extensive review and consultation, the Attorney-Generalâs Department released its Privacy Act Review Report (Report), yesterday, 16 February 2023. Coming in at over 300 pages, the Report has made 116 proposals to amend the Privacy Act 1988 (Cth) (Act) across three broad categories – the scope and application, protections and regulation and …
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Cedar Pacific
Governmentâs Secure Jobs, Better Pay Act aims to impact aged care sector
The Federal Governmentâs 2022 changes to the Fair Work Act will have a significant impact on the aged care sector commencing as early as 6 June 2023. The changes made by the Secure Jobs, Better Pay Act clearly show the Governmentâs intention to focus increasing wages in low paid sectors, including aged care, as a …
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Stephen Iu
Streamlined assessment pathway for social and affordable housing programsÂ
Who should read this? Developers and their advisors involved in community and social housing in Queensland. Things you need to know What you need to do Consider whether your social or affordable housing may be eligible for assessment under the infrastructure designation pathway, and whether that is more time and cost efficient than a traditional …
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New requirements for the appointment of individuals to safety critical roles at Queensland coal mines
New provisions will take effect in the Coal Mining Safety and Health Act 1999 (Qld) (the Act) from 25 November 2022 with respect to the appointment of persons to statutory positions at coal mines – often referred to as âsafety critical rolesâ. The ChangesThe amendments recently passed by Parliament in the Coal Mining Safety and …
Ben Turnbull
Emma Brown
Foreign investment and critical infrastructure reform in the resources and renewables industry Â
The requirement to obtain approval from the Foreign Investment Review Board (FIRB) prior to undertaking projects in Australia is not a new concept to the resources and renewables sectors. Mining leases have had a $0 FIRB threshold for a number of years. However, the last two years have seen the introduction of significant amendments to …
The Environmental Protection and Other Legislation Amendment Bill 2022 (Qld) finally sees the sunshine
On 12 October 2022, the Environmental Protection and Other Legislation Amendment Bill 2022 (Qld) (EPOLA22 Bill) was introduced in Queensland parliament, following an unusual consultation process conducted with select groups under strict confidentiality arrangements. The majority of the proposed amendments have been excluded from the regulatory impact assessment during the legislative process to date. …
How co-ownership and common-user infrastructure can kickstart Australiaâs new economy minerals boom
Introduction The Australian Governmentâs Critical Minerals Strategy 2022 lists 26 minerals as priority areas for development and investment in Australia. These minerals are not new discoveries, but their application to new technologies presents a significant economic opportunity for Australia: they represent a transitional sector which will reduce carbon emissions, and are a major national security …
LGI Limited
How the EPAâs draft Climate Change Policy and Action Plan will impact businesses in NSW
The NSW Environment Protection Authority (EPA) recently released its draft Climate Change Policy (Policy) and Climate Change Action Plan 2022-25 (Action Plan) in September 2022. Once implemented, this will solidify the EPAâs role in regulating and reducing greenhouse gas emissions and support the NSW Governmentâs plan to reach net zero by 2050. The Policy and …
Offshore wind on Australiaâs horizon
The realisation of offshore wind projects in Australia is shifting closer, thanks to a more renewables-focused Commonwealth Government, increased cost competitiveness of renewable projects, and fluctuations in the fossil fuel markets. Australia moves to declare its first offshore renewable energy zone Most recently, the Minister for Climate Change and Energy, Chris Bowen MP, announced his …
Local councils are not immune from regulatory attention, and should maintain robust safety management systems to manage the work of third party contractors
Background Wingecarribee Shire Council (Council) has recently entered into an enforceable undertaking with SafeWork NSW following alleged breaches of health and safety duties, which left two workers injured. In 2018, Council engaged a contractor to drain vessels at a sewerage treatment plant. In October 2018, during the course of that work, a 15 tonne crane …
New employment zones set to commence in December 2022
The NSW Government has commenced implementing the Employment Zone Framework following the range of reforms introduced in December 2021. These changes will replace existing industrial and business zones to bring new âemployment zonesâ and âsupporting zonesâ aiming to benefit businesses and productivity while minimising land-use conflict. The reform In December 2021, the five new employment …
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Jodie Robinson
QBCC Governance Review Report released â key recommendations examined
Overview The QBCC Governance Review 2022 report (Report) authored by Jim Varghese AM was released on 29 June 2022, along with the Queensland Governmentâs response (Response). The Review contains 17 recommendations (and 77 actions) which are stated to address the gap between where the Queensland Building and Construction Commission (QBCC) is now and where it …
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Melissa Simpson
Michael Lucey
Celia Luki
The DBP Actâs statutory duty of care under the microscope
Overview The statutory duty of care introduced under the Design and Building Practitioners Act 2020 (NSW) (DBP Act) has been the subject of three recent Supreme Court of NSW decisions, which are among the first to consider its application. McCullough Robertsonâs Insight articles dated 16 July 2020, 20 August 2020 and 28 June 2021 previously …
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QBCC head contractor licensing exemption confirmed as remaining in force
Overview The head contractor licensing exemption under section 8, Schedule 1A of the Queensland Building and Construction Commission Act 1991 (Qld) (QBCC Act) has officially been confirmed as remaining in force, with the Building and Other Legislation Amendment Act 2022 (Qld) (the Amendment Act) receiving assent on 10 June 2022. McCullough Robertsonâs Insight article dated …
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Categorising land for rating purposes used for both permanent residential and temporary tourist accommodation
On 12 February 2021, the Queensland Court of Appeal in Island Resorts (Apartments) Pty Ltd v Gold Coast City Council [2021] QCA 19 dismissed an appeal involving a challenge to the primary judgeâs findings concerning Gold Coast City Councilâs (Council) decisions to: adopt the relevant differential rating categories of Category 2T and Category 3T and …
Court of Appeal decision brings welcome relief to local councils
Who should read thisNew South Wales local government entities Things you need to knowThe New South Wales (NSW) Court of Appeal recently held that planning certificates (also known as section 10.7 certificates, and formerly known as section 149 certificates) are not required to disclose site-specific information, overturning a decision made by the New South Wales …
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New approach to rezoning in NSW
The NSW Department of Planning and Environment (Department) is currently in the process of introducing a new approach to the planning system to alleviate complexities in the rezoning process. In December 2021, the Department released the Discussion paper âA new approach to rezoningsâ. Uncertainty around rezoning time-frames and an overly complex process can impact development, …
Elections to be rerun for three local councils following technical glitch
In 2022, it is clear that many, if not most activities that we would ordinarily carry out in person, can now be done online. But sometimes, technology fails and things can go wrong. The 2021 NSW local government elections are an example of that. The NSW Supreme Court recently set aside the 2021 local government …
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Influencing for profit â the new Therapeutic Goods Advertising Code 2021 â what you need to know
Key points Overview The 2021 TGA Code came into effect on 1 January 2022. While many changes under the 2021 TGA Code seek to clarify and simplify the 2018 TGA Code, there are also a number of key changes. The 2021 TGA Code makes changes to the requirements regarding mandatory statements that must be made in …
Independent Planning Commission sets new greenhouse gas performance measures in approval for Narrabri Mine extension
On 1 April 2022, the NSW Independent Planning Commission (Commission) granted approval for the Narrabri Underground Mine Stage 3 Extension Project (Extension Project). The development consent granted in respect of the Extension Project incorporates a number of unprecedented conditions targeted at the minimisation of greenhouse gas emissions (GHGE). For proponents, these conditions and the reasons …
