What's in the news?

Criminal underpayment laws commence 1 January 2025

New laws that make intentionally underpaying an employee's wage or entitlements a criminal offence are due to commence on 1 January 2025. The Fair Work Ombudsman will be able to investigate suspected criminal underpayment and refer suitable matters for criminal prosecution. This does not include instances where there has been an honest mistake.  There is a new Voluntary Small Business Wage Compliance Code and support guide to assist businesses to ensure they are compliant. For more information, see New criminal underpayment laws start 1 January 2025  on the Fair Work Ombudsman website.

The Administrative Review Tribunal appoints new members

The Administrative Review Tribunal (ART) has announced the appointment of 11 new General Members to the ART who are set to commence between January and March 2025. For more information see Appointments to the Administrative Review Tribunal on the Attorney General website.

Community Justice Centres to close in 2025

The NSW Government has decided to close the Community Justice Centres (CJCs) in NSW from 30 June 2025. The legislation, the Community Justice Centres Act 1983 which establishes and governs the operation of CJCs will be repealed. More information will be provided once it becomes available.  

11 new magistrates appointed to the NSW Local Court

The Attorney General has announced the largest appointment of judicial officers in the state’s history. 11 new magistrates will be appointed to the NSW Local Court, which brings the total number of magistrates to 159 across the state. For more information, see 11 new magistrates appointed in landmark lift for Local Court on the NSW Government website.

Police wanding powers to begin this week

New Police wanding powers that target the illegal possession of knives begins this week. Under the new powers, Police will be able to use the handheld scanners or electronic metal-detecting wands to stop and scan individuals without a warrant at designated areas.

These designated areas include public transport stations and surrounds, public transport vehicles, shopping precincts, certain sporting venues and other public places. For more information, see Police wanding powers to tackle knife crime begin this week on the NSW Government website.

Industrial Relations Commission release new Usual Directions

The Industrial Relations Commission NSW (IRC) has released new Usual Directions which include a direction for in person Compliance hearings before the Registrar. For more information, see New Usual Directions on the IRC website.

Covid-19 fines being withdrawn

The NSW Commissioner of Fines Administration together with the NSW Police Commissioner have decided to withdraw all remaining 23,539 Covid-19 penalty notices. Refunds will be given to individuals who have made full or partial payment of a Covid-19 fine. The refund will not apply to fines that were finalised by the courts.

The decision was made by the Commissioner on the basis that the penalty notices contained insufficient details which may render them technically deficient and questions their validity.

For more information, see NSW to withdraw remaining Covid-19 fines on the NSW Government website.

NSW Government releases report on proposed foster care reforms

The Minister for Families and Communities has released its report titled ‘System review into out-of-home care’. The report has provided 13 recommendations which provides suggestions to: rebuild system accountability and oversight; contractual and financial management; elevating the voices of children, families and carers and; building a stronger workforce. For more information, see Major review released: NSW Government’s roadmap to reform foster care on the NSW Government website.  

Legislation passed to establish an independent National Student Ombudsman

New legislation has been passed to establish an independent National Ombudsman to investigate student complaints and to resolve disputes with universities. The Ombudsman allows higher education students to escalate complaints about their education provider. The Ombudsman is expected to start taking complaints from 1 February 2025. For more information see National Student Ombudsman Announced on the Attorney General Department website.

Laws passed to strengthen protections for victims and survivors of sexual abuse

Parliament has passed the Crimes Amendment (Strengthening the Criminal Justice Response to Sexual Violence) Bill 2024 (The Bill). The Bill aims to place greater restrictions on evidence in relation to a person’s sexual experience and make evidence about sexual reputation inadmissible for all victims and survivors of child abuse. It will also allow recordings of vulnerable people to be used in subsequent trials and retrials.  For more information see Strengthening protections for victims and survivors of sexual abuse on the Attorney General Department website.

New family law changes passed

The Family Law Amendment Bill 2024 has been passed which ensures that the family and domestic violence can be taken into consideration in property settlements for separating families. Some of the changes include: ensuring that the economic impact of family violence can be taken into account in property settlement, ensuring the care and housing needs of children in financial and property decisions; ensuring financial information is disclosed at the earliest opportunity; expanding the court’s ability to use less adversarial approaches in all types of proceedings and establishing a regulatory framework for Children’s Contact Services.

For more information, see More reform delivers a simpler, safer and fairer family law system on the Attorney General Department website.

Commonwealth Parliament passes legislation to regulate Buy Now Pay Later products

Parliament has passed the Treasury Laws Amendment (Responsible Buy Now Pay Later and Other Measures) Bill 2024. This legislation intends to bring Buy Now Pay Later (BNPL) products in line with other credit products under the National Credit Code and the National Consumer Credit Protection Act 2009 (Cth).

This means providers will have to comply with many of the obligations that apply to traditional credit providers, such as being a member of the Australian Financial Complaints Authority (AFCA) and complying with precontractual disclosure obligations. For more information see AFCA welcomes passing of legislation extending consumer protections to BNPL on the AFCA website.

New privacy laws passed

The Government has passed the Privacy and Other Legislation Amendment Bill 2024. The new laws propose to strengthen enforcement powers of the Australian Information Commissioner, introduce new criminal offences for certain breaches, streamline information sharing in the case of emergency data breaches and create a new statutory tort to address serious invasions of privacy. For more information, see Delivering stronger privacy protections for Australians  on the Attorney General’s Department website.

NSW Attorney General praises Legal Aid NSW in supporting victim-survivors of domestic violence

The NSW Attorney General has praised Legal Aid’s Domestic Violence Unit (DVU) for supporting victim-survivors escape domestic violence relationships and to help them recover from financial abuse. The NSW Government has acknowledged that over $200,000 in debt has been waived for these victim-survivors with the support of the DVU.

The NSW Government has also recognised the importance of the legal sector as a whole to provide the necessary legal and financial support for victim-survivors of financial abuse and has invested more funding into various services.

For more information, see Support for victim-survivors of financial abuse on the NSW Government website.

New laws passed to offer support to families of people lost to road crimes

The NSW Government has now passed the Victims Rights and Support Amendment (Victims Support Counselling) Bill 2024 (the Bill). The Bill will make counselling available to families who have lost loved ones in a motor vehicle accident where a person has been charged. The support will be made available through the Victims Support Scheme.

For more information, see Government expands support for families who lose loved ones to road crimes on the NSW Government website.

eSafety Commissioner supports Social Media Minimum Age Bill

The eSafety Commission has shown its support for the newly introduced Online Safety Amendment (Social Media Minimum Age) Bill 2024 (the Bill). The Bill proposes to set a minimum age of 16 for access to certain social media platforms.

For more information, see eSafety statement on Social Media Minimum Age Bill on the eSafety Commissioner website.

Legislation introduced to change mental health laws for forensic patients

The NSW Government will introduce amendments to the Mental Health and Cognitive Impairment Forensic Provisions Act 2020. The proposed amendments will require current or former judicial officers to make decisions regarding leave for forensic patients. The amendments also make it clear that the Mental Health Review Tribunal may impose conditions on forensic patient’s social media access or other forms of communication whilst on leave or release.

For more information, see Legislation to strengthen oversight by Mental Health Review Tribunal on the NSW Government website.

Further strata law amendments to be introduced

A further set of strata law amendments have been introduced to Parliament by the NSW Government. Some of the intended changes will seek to protect owners corporations from unfair contract terms, give property owners more options to pay levies when in financial hardship and help owners corporations in repairing and maintaining the common property.

For more information, see New strata laws introduced to protect owners and make strata living easier on the NSW Government website.

Magistrates to be called judges under new changes to the Local Court Act

NSW Local Court magistrates will be named judges under the proposed amendments to the Local Court Act 2007. The changes aim to reflect the seriousness of the Local Court and to recognise that judicial officers of the Local Court are legally trained. For more information, see Magistrates to be called judges under historic change to Local Court Act  on the Department of Communities and Justice website.

Court shut down period 2024-2025

The Local Court, Children’s Court and Coronial Jurisdiction will be suspended on from Monday 23 December 2024 and will recommence on Monday 6 January 2025. For further information on the court closures and special arrangements see, Court locations, listing and sitting arrangements on the Local Court website.

Funding granted to improve Legal Aid NSW client portal

The NSW Government has announced $1.6 million in funding towards a new digital client portal for Legal Aid NSW clients.  The client portal, which will be accessible to mobile users, will provide clients with updates and allow clients to upload documents, as well as access information for any upcoming appointments or court appearances. It is expected the new client portal will be operational by late 2025.

For more information, see Legal matters made easier with new Legal Aid NSW client portal on the NSW Government website.

Government ends ticketless parking fine system

The Government has announced that it will end the ticketless parking fine system by introducing the Fines Amendment (Parking Fines) Bill 2024 (the Bill). Some of the changes under the Bill include requiring councils to attach on-the-spot notifications to the vehicle and requiring council workers to take photos of the offence to make them available to Revenue NSW to provide to drivers. For more information, see Minns Labor Government ends unfair ticketless parking fine system on the NSW Government website.

NCAT hearing lists now available on app

The ‘Search NSW Court Lists’ app will now allow clients to parties to access NCAT’s online hearing lists for all Divisions except the Guardianship Division. Parties can now check the app for matters up to 3 weeks in advance. For more information, see NCAT hearing lists now available via mobile app on the NCAT website.

Federal Circuit and Family Court of Australia expands Webex pilot

The Federal Circuit and Family Court of Australia (FCFCOA) has announced that the NSW and ACT registries will join an expanded Webex pilot. During the pilot, certain Family Law and General Federal Law proceedings will be conducted using the Webex platform. For more information, see Webex electronic hearing pilot on the FCFCOA website.

NSW Government increases funding towards animal welfare initiatives

The NSW Government has recently announced that they will be granting $12.5 million towards the Royal Society for the Prevention of Cruelty to Animals NSW (RSPCA) and the Animal Welfare Legacy NSW (AWL).

The money will go towards enhancing the protection for NSW dogs, cats, livestock and other animals through by the RSPCA and AWL with stronger enforcement and compliance initiatives. For more information, see $12.5 million funding to continue building stronger animal welfare enforcement across NSW on the NSW Government website.

Government expanding support to Safe Aboriginal Youth (SAY) program

The NSW Government is investing further funds to provide expand the Safe Aboriginal Youth (SAY) program to additional locations across NSW. The program provides a safe transport and outreach services to try and divert young people from potential harmful or criminal activity.

For more information, see Safe Aboriginal Youth (SAY) program expanded in NSW to strengthen community safety on the NSW Government website.

Significant rental reforms passed by NSW Parliament

The Residential Tenancies Amendment Bill 2024 has passed through NSW Parliament on 24 October 2024. This legislation is aimed at creating a fairer rental market which will introduce changes such as the banning of no ground evictions and limiting rent increases to once per year. For more information, see Minns Labor Government passes most significant rental reforms in a decade on the NSW Government website.

In an effort to further support tenants, the NSW Government has also increased funding to the Tenants Advice and Advocacy Services. For more information see $4 million extra funding for improved access to advice and advocacy for tenants as part of plan to make renting fairer on the NSW Government website.

New early intervention service to support Aboriginal victim-survivors of family violence

The NSW Government has announced that they will be introducing a new program called ‘Safe and Strong’ which will be delivered by Aboriginal Community Controlled Organisations to Aboriginal victim-survivors of family violence and their children.

The new service is aimed at providing an early intervention family program at an attempt to prevent and reduce domestic and family violence in the future. For more information, see New early intervention service to support Aboriginal victim-survivors of family violence and their children on the NSW Communities and Justice website.

NSW’s first LGBTIQ+ Advisory Council established

The NSW Government has established NSW’s first LGBTIQ+ Advisory Council (Council) and has selected its members. The Council will close closely with the NSW Government to provide recommendations on issues affecting LGBTIQ+ communities. For more information, see NSW Government delivers on its commitment to establish LGBTIQ+ Advisory Council on the NSW Government website.

NSW Government unlawful merchant fees shut down and investigated

Merchant fees were surcharged on millions of NSW Government’s customer transactions between February 2016 and December 2022 despite there being legal advice from the Crown Solicitor’s Office that these surcharges were unlawful. The NSW Government is taking steps to shut down the charging of these unlawful fees.

People who have charged fees are encouraged to register for updates by calling Service NSW. For more information, see NSW Government takes action after customers unlawfully charged for merchant fees on the NSW Government website.

The NSW Ombudsman has now commenced an investigation into the conduct of Service NSW, the Department of Customer Service (including Revenue NSW) and the NSW Treasury regarding the imposition of these surcharges on certain transactions. For more information, see NSW Ombudsman investigation- Agency conduct in response to legal advice on the NSW Ombudsman website.

Average speed camera trial to commence in NSW mid-2025

NSW will trial average speed cameras for all vehicles in mid-2025 after new legislation has passed through NSW Parliament. The trial will be conducted on two main regional highways and is aimed at reducing road fatalities. Trials are intended to start with a 60-day period where speeding drivers will receive a warning letter rather than a fine, before the usual enforcement will commence.

For more information, see Average speed camera trial to investigate safety dividend on the NSW Government website.

New laws introduced to strengthen puppy and dog welfare

The NSW Government introduced a Bill to Parliament to strengthen puppy and dog welfare across NSW to establish clear standards for dog breeders. Some of the changes include breeders having to obtain a Breeder Identification Number through the NSW Pet Registry and other breeding limits to establish more ethical breeding.

It is expected that the changes will come into effect from December 2025 to allow time for education campaigns to be rolled out to breeders and those acquiring a puppy. For more information see, Bill to strengthen puppy and dog welfare across New South Wales on the Office of Local Government website.

The NSW Energy & Water Ombudsman expanding functions

The NSW Government has granted extra funding to expand the functions of the NSW Energy & Water Ombudsman (Ombudsman). Under the new functions, the Ombudsman will provide impartial information and external dispute resolution services to landlords and community members impacted by new major renewable energy transmission and renewable energy infrastructure projects.

The new services will be rolled out from December 2024. For more information, see Ombudsman to provide advice and dispute resolution for community members hosting renewable energy on the NSW Government website.

Flood insurance inquiry highlights insurance industry failures

The House Standing Committee on Economics has released the Flood failure to future fairness report which has highlighted the collective failure of insurers to meet their obligations to policy holders after 2022 floods.

The report has made multiple recommendations including standardising  key terms in insurance contracts through legislated definitions, as well as requiring insurers to provide guidance to policyholders on any maintenance obligations up front.

For more information, see Flood insurance inquiry reports on industry failures on the Parliament of Australia website.

National review of child sexual abuse and sexual assault legislation in Australia

The Australian Institute of Criminology has released a national review of child sexual abuse and sexual assault legislation. The review has found that there is a lack of consistency across Australian jurisdictions in criminalising sexual conduct. The review will assist the Government in strengthen the criminal justice response to these offences.

For more information, see National review of child sexual abuse and sexual assault legislation in Australia on the Attorney General website.

NSW Government introduces electronic monitoring requirements and Serious Domestic Abuse Prevention Orders to increase protection for victim-survivors of domestic and family violence

On 11 October, the NSW Government introduced electronic monitoring requirements for any alleged serious domestic violence offender who is granted bail. These offenders will be tracked against geographical location using GPS technology. If the offender enters a restricted zone, Corrective Services NSW officers will be notified immediately.

The Government has also introduced legislation to create Serious Domestic Abuse Prevention Orders. These new orders allow the court to impose any condition they think is necessary to prevent domestic violence abuse against alleged offenders of serious domestic violence offences.

For more information, see Electronic monitoring to increase protection for victim-survivors of domestic and family violence on the NSW Government website.

Government introduces cyber security legislation

The Albanese Government has introduced The Cyber Security Legislative Package which is aimed at providing a clear legislative framework to help the Australian Government to identify and respond to emerging cyber threats. If passed, this will be the first standalone Cyber Security Act in Australia.

For more information, see Government introduces landmark cyber security legislation on the Australian Government website. 

The Parliamentary Joint Committee on Intelligence and Security (PJCIS) has commenced an inquiry into the Cyber Security Legislative Package to ensure the proposed laws will operate effectively. The PJCIS call for submissions by 25 October 2024. For more information, see PJCIS to review cyber security legislation package on the Parliament of Australia website.

Labor Government proposing to cap rent increases at one per year

The NSW Government is seeking to cap rent increases to one per year under the proposed Residential Tenancies Amendment Bill 2024. The proposed Bill is also seeking other amendments, including specifying grounds on which a landlord can terminate a residential agreement in an aim to create a fairer rental market in NSW.

For more information, see Minns Government to cap rent increases at one per year on the NSW Government website.

NSW Government supports proposed amended Equality Bill

The NSW Government has announced its support for the proposed amended Equality Legislation Amendment (LGBTIQA+) Bill 2023. The proposed Bill aims to ensure that members of the LGBTIQA+ community feel valued and respected by proposing a number of legislative changes.  

For more information, see NSW Government supports amended Equality Bill on the NSW Government website.

The Administrative Review Tribunal commencing 14 October 2024

On 14 October 2024, the Administrative Review Tribunal (ART) will commence, replacing the existing Administrative Appeals Tribunal (AAT).  The ART can make the same types of decisions made by the AAT, but in a more efficient and accessible manner.

Matters currently in the AAT will be automatically transferred to the ART from 14 October 2024.

For more information about how the ART will function, see Fact sheet: the new Administrative Review Tribunal on the Attorney-General’s website.

The Australian Government has also proposed to the Governor-General, 43 new appointments to the ART. For more information, see Appointments to the Administrative Review Tribunal on the Attorney-General’s website.

Migration, Pathway to Nation Building report

On 9 October 2024, the Joint Standing Committee on Migration released the Migration, Pathway to Nation Building report. The report made 73 recommendations to the Australian Government on ways to improve various aspects of the migration system.

To see a copy of the report, see Migration, Pathway to Nation Building on the Parliament of Australia’s website.

FCFCOA releases new videos in 12 languages to assist people in migration cases

On 10 October, the Federal Circuit and Family Court of Australia (Division 2) (FCFCOA) has launched 3 videos in 12 languages to assist people in migration cases. The videos form part of the Court’s commitment to improve access to justice, especially to those from culturally and linguistically diverse people from migrant backgrounds.

For more information see Media Release: Court launches new videos in 12 languages to help people in migration cases on the Federal Circuit and Family Court of Australia’s website.

Legislation introduced to prevent repeat of Robodebt scandal

On 10 October 2024, the Oversight Legislation Amendment (Robodebt Royal Commission Response and Other Measures) Bill 2024 was introduced to avoid a future repeat of the Robodebt Scheme.

This comes as a response to the recommendations by the Royal Commission, which suggested that better oversight was necessary. The Bill will ensure that the Ombudsman will be able to undertake full , independent and transparent investigations by having strong powers to obtain full and direct access to records. The Bill also imposes a statutory duty on the public service to assist the Ombudsman in the performance of their functions.

For more information see Further action on Robodebt scandal on the Attorney-General’s website.

Further improvement needed to protect victim-survivors from coercive control

A recent study has found that further improvement in justice and support services is needed to protect victim-survivors from coercive control. One of the major issues highlighted was the lack of understanding of technology-facilitated coercive control by frontline services including police.

In response, the Attorney-General’s Department is creating new resources to help services recognise coercive control and to strengthen the response from these services. The Government has also invested in further training and education packages to improve the effectiveness of police response to Family, Domestic and Sexual Violence incidents.

For more information, see New methods of domestic and family violence perpetration on the Attorney-General’s website. 

Increased support for children and young people experiencing domestic violence 

The NSW Government has announced the introduction of the Specialist Workers for Children and Young People (SWCYP) program.

The program has been created in an effort to assist children and young people who have been experiencing domestic and family violence. The aim of the program is to provide better access to specialist support services to help with recovery and to end the cycle of abuse.

For more information, see Boosting support for children and affected by domestic violence on the NSW Government’s website. 

Scams prevention framework reforms to increase consumer safeguards

The federal government has announced a consultation on a draft bill for the proposed Scams Prevention Framework.

The new draft bill enhances consumer protections by placing the onus on banks, telecommunication and digital media companies to take steps to protect consumers and provide avenues for dispute resolution and redress for affected individuals.

Service providers who fail to comply with the legislation will face tough criminal and civil penalties. The draft legislation also provides a specific rights to damages for consumer losses suffered by conduct that breaches the legislation.

For more information see, Scams Prevention Framework – exposure draft legislation on the Treasury’s website.

Federal Parliament passes final Respect@Work reform

The federal Parliament passed the Australian Human Rights Commission Amendment (Costs Protection) Bill 2023, completing the final legislative reform and implementing all of recommendations of the landmark Respect@Work report. 

The new legislation will prevent courts from ordering applicants in discrimination cases to pay respondent’s costs, addressing a significant barrier to justice for those facing sexual harassment. 

The bill balances the interests of both applicants and respondents, recognising that not every respondent in an unlawful discrimination case have a significant power advantage or financial resources relative to the applicant. It also allows costs to be awarded against applicants who act unreasonably or vexatiously.

For more information, see Respect@Work: Groundbreaking costs reform for discrimination cases passes Parliament on the Attorney General’s website.

Tough new strata laws pass NSW Parliament

New laws designed to help restore confidence in living and investing in strata schemes have been passed by the NSW Parliament.

The legislation imposes higher penalties and greater disclosure obligations on strata managing agents, enhancing transparency and accountability. Other measures include stronger conflict-of-interest disclosure requirements, a ban on agents receiving commissions from insurance products, and increased enforcement powers for NSW Fair Trading.

For more information, see Tough new strata laws pass Parliament on the NSW Government website.

New privacy laws criminalise 'doxxing' and introduce statutory tort for individuals

Federal parliament has passed the Privacy and Other Legislation Amendment Bill 2024  introducing a range of measures to protect the privacy of individuals’ personal information.   

This bill amends the Privacy Act 1988, introducing a statutory tort for serious invasions of privacy, allowing individuals to sue in circumstances where they had a reasonable expectation of privacy. The Bill provides for a number of remedies, including injunctions, declarations, ordered apologies and compensation.

The bill also creates the new criminal offence of ‘doxxing’, targeting the malicious release of personal data online, amending the Criminal Code Act 1995 (Cth). Other reforms extend the Federal Court's authority in civil penalty proceedings beyond pecuniary penalties and grant the Office of the Australian Information Commissioner (OAIC) additional powers, including the ability for the OIAC to hold public inquiries on privacy-related issues.

For more information see Second reading speech – Privacy and Other Legislation Amendment Bill 2024 on the Attorney General’s website.

Reforms to anti-money laundering and counter-terrorism financing regime   

The Federal government has announced the introduction of the Anti-Money Laundering and Counter-Terrorism Financing Amendment Bill 2024. The reforms are aimed at closing regulatory gaps and strengthening the protections in the current regime. 

This follows a recent consultation and report by the Australian Institute of Criminology AUSTRAC showing that substantial amounts of money are being laundered through real estate and gambling and used to fund further serious crimes such as terrorism and child abuse. The full report is available on the Australian Institute of Criminology  website.

The bill extends the current regime to ‘tranche-two’ entities, including lawyers, accountants, real estate professionals and dealers in precious stones and metals. For more information, see Introduction of the Anti-Money Laundering and Counter-Terrorism Financing Amendment Bill 2024  on the Attorney General’s Department website.

Legislation introduced to establish independent National Student Ombudsman

The federal government has introduced the Universities Accord (National Student Ombudsman) Bill 2024 to establish an independent National Student Ombudsman, expected to start from 1 February 2025.  

The Ombudsman to investigate student complaints and resolve disputes with universities, including complaints about sexual assault, harassment and various forms of discrimination including racism, homophobia, antisemitism or Islamophobia. The Ombudsman will also have strong investigative powers, including authority to compel a person or university to provide information.

For more information, see Legislation introduced to establish independent National Student Ombudsman on the Attorney General’s Department website.

Alternative Care Arrangements to be banned in NSW

The NSW Government will ban unaccredited emergency accommodation for vulnerable children in the foster care system. This decision follows a report by the Advocate for Children and Young People, that has highlighted severe issues faced by children living in Alternative Care Arrangements (ACAs),   lacking government oversight, and not meeting the NSW Child Safe Standards for Permanent Care. 

Unaccredited ACAs will be a prohibited within six months, aligning with other urgent reforms.

Current ACAs placements, will be address through other options such as returning the children safely to their parents, placements with a foster carer or relative, or providing support in an intensive therapeutic care settings. 

For more information, see NSW Government to ban the use of Alternative Care Arrangements for vulnerable children  on the NSW Government website.

Stronger protections for domestic and family violence victims

The NSW Government will introduce reforms in September to strengthen the protections for victims survivors of domestic violence.

The changes will amend the Crimes (Domestic and Personal Violence) Act 2007 to create two new aggravated offences for repeated and intentional breaches of Apprehended Domestic Violence Orders (ADVOs), carrying harsher penalties.

Additionally, the reforms will introduce Serious Domestic Abuse Prevention Orders (SDAPO) allowing the court to impose conditions when a person is convicted, to prevent further involvement in domestic abuse. 

The reforms will also widen definition of stalking under Crimes (Domestic and Personal Violence) Act 2007 to more clearly cover technology facilitated stalking or monitoring conduct.

For more information, see A safer NSW: Stronger protections for victim-survivors of domestic and family violence on the NSW Government website.

New criminal laws to combat sexually explicit deepfakes

The Parliament has recently passed legislation creating new criminal offences to ban the sharing of non-consensual deepfake sexually explicit material.

The Criminal Code Amendment (Deepfake Sexual Material) Bill 2024 imposes serious criminal penalties on those who share sexually explicit material without consent. This includes material that is digitally created using artificial intelligence or other technology.

For more information, see  New criminal laws to combat sexually explicit deepfakes on the Attorney-General’s portfolio website.

Increase in cyberbullying complaints prompts new eSafety initiative

The eSafety Commissioner has reported a 37 percent increase in cyberbullying complaints compared to the previous year.

In response, eSafety has launched a range of new resources designed to address the issue. These include practical advice for families on monitoring and supporting their children’s online activities, tailored resources for children on online safety and how to report incidents, and guidance for schools.

The initiative aims to minimise harm and improve child safety through better understanding and management of cyberbullying.

For more information see Spotlight on cyberbullying on the eSafety Commissioner’s website.

National Children’s Commissioner report calls for reforms to treatment of children in the criminal justice system

In a report tabled to Parliament, Australia’s National Children’s Commissioner has called for urgent reform to how federal, state and territory governments approach child justice.

The commissioner emphasises the need for transformational change prioritising the wellbeing of vulnerable children who are or who are at risk of being caught up in the criminal justice system.  Current policy tend to be punitive rather than preventative thus failing to address the underlying causes.

The recommendations advocate for making child justice and wellbeing a national priority,  calling for coordinated action across the country. They also stress that reforms to the child justice systems should be evidence based and uphold human rights

To access the report, see ‘Help way earlier!’ – transforming child justice’ on the Australian Human Rights Commission website.

Jetstar Travel Credits Class action launched over cancelled flights during pandemic

A class action has been launched in the Federal Court of Australia against Jetstar Airways on behalf of consumers whose flights were cancelled during the Covid-19 pandemic. 

The claim, lodged by Echo Law, alleges that Jetstar unlawfully retained hundreds of thousands of customer payments by failing to issue refunds and instead issuing travel credits.

For more information about the class action, see Jetstar Travel Credits Class Action on the Echo Law website.  

NSW Government commences Parliamentary inquiry into impacts of loneliness

The minister for health has ordered the inquiry into the see Prevalence, causes and impacts of loneliness in New South Wales by the Standing Committee of Social Issues.

Recent findings from a 2022 Community Wellbeing Survey identified 40% of NSW residents, experience loneliness and social isolation, which significantly affects both physical and mental health.  

The inquiry will investigate the causes, impact and extent of loneliness, identify those at most risk of social isolation, and review practical solutions implemented in other regions. Submissions will begin later in the year with a closing date and hearings expected to commence in November 2024.

For the media release, see NSW Government launches Parliamentary Inquiry to look at impacts of loneliness on the NSW Government website.

Report of investigation into Services Australia’s response to myGov fraud released

The Commonwealth Ombudsman has released its investigation report the response of Services Australia to fraud on myGov accounts. The investigation concerned ‘unauthorised linking’ fraud, where a client’s myGov accounts were linked without their consent to fraudulent accounts created by a scammer.     

The report found that Services Australia’s preventative security measures against unauthorised linking are limited. These rely mainly on record ownership verification  processes that are managed by individual myGov member service agencies.  

For more information, see Media release - Ombudsman finds more can be done to protect Australians from myGov fraud (PDF, 80 KB) on the Commonwealth Ombudsman’s website.

AFCA reports an increase in superannuation scam complaints

The Australian Financial Complaints Authority (AFCA) has announced a rise in  superannuation scam complaints. In a recent media release, AFCA urged trustee members to review the processes they have in place to help shield members from fraud, and to ward off any escalation of activity by scammers. Scam-related superannuation complaints are becoming increasingly sophisticated, with losses reported ranging from $88,736 to over $344,000.

AFCA has put together some advice for fund members, for steps they can take to help keep their accounts secure. For more information, see Article: Protect your super from scammers Australian Financial Complaints Authority (AFCA).

New laws ending no grounds eviction announced

The Labor Government has announced it will aim to introduce new legislation to end no grounds and provide more security and stability for renters in the September sittings of Parliament.

Under proposed reforms, landlords will now need a reason to end a tenancy for both periodic and fixed term leases. There will also be increases to termination notice periods for tenants in fixed term agreements. For more information see, Making renting fairer in NSW on the NSW Government website.

New industrial relations reforms to enhance protections for gig workers

The NSW Government will soon consult on reforms to the NSW Industrial Relations Act, to extend protections covering gig workers in the food delivery and rideshare industry. The reforms will  empower the NSW Industrial Relations Commission to set minimum pay and conditions these workers and to mediate or arbitrate disputes between platforms and gig workers, providing a way for workers to appeal deactivation from apps or platforms.

The changes will also prevent companies from redefining gig workers to avoid compliance. These updates will provide gig workers with the same legal protections currently offered to couriers, taxi drivers, and owner-driver truck drivers under Chapter 6 of the Act.

For more information see Overdue protections for gig workers as NSW Government updates industrial safeguards on the NSW Government website.

Consultation on civil protections and remedies to tackle forced marriage begins

Since being added into the criminal code in 2013 through the Crimes Legislation Amendment (Slavery, Slavery-like Conditions and People Trafficking) Act 2013, forced marriage is the most reported slavery-like offence to the Australian Federal Police (AFP). 

To tackle this issue, the Federal Government working with state and territories, has launched a public consultation process gathering feedback on improving civil protections and remedies for those affected by or at risk of forced marriage. For more details on the consultation, see Enhancing Civil Protections and Remedies for Forced Marriage on the Attorney General’s Department website.

Reports about a forced marriage can be made to the AFP, through the AFP confidential online form or over the phone. For information about support, see the My Blue Sky website, Australia’s national forced marriage service.

Product standards for e-bikes and e-scooters proposed  

The NSW Government has announced  E-bikes and e-scooters will need to comply with new safety standards for batteries and products and ensure they are appropriately tested, certified and marked before they enter the market. The proposed changes come in response increasing incidence of fires caused by lithium-ion battery powered, which are the fastest growing cause of fires in NSW.

The NSW Fair Trading Commissioner is reviewing feedback from industry members, peak bodies, advocacy groups, and government during a recent roundtable discussion on these proposed changes. This feedback will inform rules made by the NSW Fair trading Commissioner.

For more information see, Product standards for e-bikes and e-scooters proposed to stop fires, protect properties and save lives on the NSW Government website.

More support for victims survivors of human trafficking and modern slavery

The government has announced the commencement of the new Additional Referral Pathway pilot for victims and survivors of human trafficking, slavery and slavery-like practices. Eligible victims and survivors will be able to access the Support for Trafficked People Program through referral from select community providers, without requiring initial engagement with law enforcement as is currently the case.

The pilot will be delivered by The Salvation Army and consortium partner organisations, who will assess eligibility and make direct referral to the program. For more information see More pathways to support for victims and survivors of human trafficking on the Commonwealth Attorney General’s website.

National elder abuse awareness campaign

The federal government has launched a national campaign aimed at raising awareness of elder abuse, and increasing knowledge of the help and support available.  This includes assistance through the government-funded National Elder Abuse phone line 1800ELDERHelp (1800 353 374), as well as comprehensive legal information resources on the compass.info website, including resources tailored towards First Nations and culturally and linguistically diverse communities.

For more information, see National elder abuse awareness campaign on the Commonwealth Attorney General’s website.

Bankruptcy law reforms

The Australian Government is set to reform the bankruptcy system to ensure a fairer outcome for debtors in personal insolvency. Key changes include raising the threshold for involuntary bankruptcies to $20,000, extending the response time to bankruptcy notices to 28 days, reducing period for public record of discharged bankruptcies to seven years, and eliminating debt agreements as an act of bankruptcy. 

For more information see the media release, Bankruptcy law reforms the Commonwealth Attorney-General’s Portfolio website.

National General Protections List pilot in the Federal Court of Australia

The Federal Court of Australia has announced the commencement of a pilot program of National General Protections List , starting on 1 September 2024, for an initial eight-month period. The new list will allow initial case management of proceedings filed under the general protections provisions of the Fair Work Act 2009 (Cth) by registrars of the court. For more information, see Notice to the Profession: National General Protection List - Fair Work Act 2009 (Cth)  on the Federal Court of Australia website.

National Legal Aid launches Options Paper addressing underfunding 

On 11 July 2024 National Legal Aid launched an Options Paper aimed at addressing chronic underfunding in the legal aid sector. The paper proposes implementing a law firm levy, a social levy using gambling revenue and a HECS like loan system, as potential solutions to funding issues faced by Legal Aid Commissions across Australia.

The paper comes after the recent report, on Independent Review of the National Legal Assistance Partnership, which identified critical under-resourcing of Legal Aid Commissions and the wider legal assistance sector for more than a decade. For more information see, Legal Aid funding in crisis – is there a fix? Launch of options paper  on the National Legal Aid website.

Update on the ‘Getting the NDIS Back on Track’ Bill

The Australian Government is introducing changes to improve the delivery of the National Disability Insurance Scheme (NDIS), addressing key recommendations from the 2023 independent review and final reports of both the NDIS Review and the Disability Royal Commission.

The National Disability Insurance Scheme Amendment (Getting the NDIS Back on Track No 1) Bill 2024 was introduced on 27 March 2024, and passed the House of Representatives on 5 June 2024 with parliamentary amendments being agreed to clarify key elements of the Bill. The Bill has been referred back to the Senate Committee for further consideration, with a report due by 5 August 2024.

Once the legislation is passed, the Australian Government will go through a consultation and co-design process with the disability community to update the NDIS Rules. For more information see Changes to the NDIS Act on the Department of Social Services website.

Court Services in Hunter/North NSW Region Affected by Industrial Actions

Several court locations in the Hunter/North region of NSW may face disruptions to opening hours and sittings due to industrial actions by Sheriff Officers. Unless buildings can be secured with adequate security, court proceedings may need to be rescheduled. For more information or related queries, please contact the Court Service Centre at 1300 679 272.

Parramatta Light Rail nears launch with trial runs underway

The 'Parramatta Light Rail network' is in its final testing phase, before officially opening to the public. Trial runs between Westmead and Carlingford from 5am to 1am will commence on July 8. The community is reminded to stop, listen and look around when driving, follow new traffic signals, as trams run regularly through Parramatta for the first time in decades.  For more information  Parramatta Light Rail enters final testing phase as network’s name is revealed on the NSW Government website.

Industrial Court of NSW begins work on the 1 July 2024

The Industrial Court of New South Wales today commences operations on the 1^st of July 2024 as a one-stop shop for industrial justice as well as work health and safety matters.  The court and the Industrial Relations Commission will be independent umpires for industrial relations in NSW, with the power to force unions and government agencies to come together, mediate disputes and arbitrate final outcomes in pay disputes. For more information see, New era of industrial relations in NSW as Industrial Court begins work today on the Communities and Justice website.

Changes to AFCA’s Rules and Operational Guidelines - 1 July 2024

AFCA has published new versions of the Rules and Operational Guidelines, following ASIC's approval of significant changes. These will apply to all complaints received on or after 1 July 2024. For a summary of the changes see AFCA Rules update 1 July 2024  , on the Australian Financial Complaints Authority website.  

New Administrative Review Tribunal to replace the AAT by the end of 2024

By the end of 2024, merits review of Commonwealth administrative decisions will be undertaken by a new Administrative Review Tribunal (ART), replacing the current Administrative Appeals Tribunal (AAT). The Administrative Review Tribunal Bill 2024 (Cth), abolishes the AAT and establishes the ART, addressing the need for a more unified, efficient and transparent federal review process.

The ART will commence as soon as practicable before the end of 2024. For more information see, A new system of federal administrative review on the Attorney-General's Department.

Time’s up, buckle up: Cameras begin enforcing seatbelt use

Motorists and their passengers are reminded to buckle up or face the consequences, with mobile phone detection cameras to begin enforcing seatbelt offences from Monday, July 1. Fines of up to $410 and at least three demerit points will be issued to the driver if they or their passenger are caught by camera not wearing their seatbelt or not wearing it correctly. 

For more information, see the Media release on the NSW Government website.

Better protection for victim survivors of domestic and family violence from today

From 1 July 2024, victim-survivors of domestic, family and sexual violence have stronger protections in New South Wales, with the criminalisation of coercive control and stronger bail laws coming into effect. Following the passing of the Crimes Legislation Amendment (Coercive Control) Act 2022, if found guilty, perpetrators can face up to seven years in prison. Under the new bail laws, people charged with serious domestic violence offences will be required to show cause why they should not be detained until their case is determined. This will apply to those charged with offences, in the context of intimate partner relationships, that carry a maximum penalty of 14 or more years jail. The unacceptable risk test in the Bail Act is also strengthened.

For more information, see the Media release on the NSW Government website.

Landmark laws to protect people caught up in digital defamation

On 1 July 2024 NSW and the ACT became the first jurisdictions in Australia to adopt new national laws to modernise defamation law for the digital age with changes in the Defamation Amendment Act 2023 (NSW) to improve the balance between freedom of speech and protection of reputation when someone publishes content through a digital intermediary. Social media platforms, review websites, search engines, content hosts and service providers are examples of digital intermediaries, along with organisations and individuals who use online platforms to host forums inviting third-party comments (known as forum administrators). These reforms address the High Court’s decision in Fairfax Media Publications v Voller. 

For more information, see the Media release on the NSW Government website.

New era of industrial relations in NSW as Industrial Court begins work today

The Industrial Court of New South Wales commenced operations on 1 July 2024 as a one-stop shop for industrial justice as well as work health and safety matters. Established last year by the Industrial Relations Amendment Act 2023, the Industrial Court will act as a superior court of record, with equivalent status to the Supreme Court and the Land and Environment Court.

For more information, see the Media release on the NSW Government website.

Now available: New Rules, Practice Notes and Forms

With the commencement of the Industrial Court of NSW on 1 July 2024, new Rules, Practice Notes and Forms have been approved by the Industrial Relations Commission Rules Committee and are now published on our website.

For more information, see the Announcement on the Industrial Relations Commission of NSW website.

New strata laws to rise to the challenge of living in higher density homes

The Government will impose greater disclosure obligations and stamp out bad behaviour in the strata sector, with new laws set to be introduced to Parliament. Key changes proposed include:  

• increasing the maximum penalties and penalty infringement notice amounts for existing agent obligations to disclose information about commissions
• strengthening the conflict-of-interest disclosure requirements
• banning agents from receiving a commission on insurance products when they don’t play a role in finding the best deal for residents
• strengthening NSW Fair Trading’s enforcement and compliance powers.

For more information, see the Media release on the NSW Government website.

Minimum wage increases from today

The Fair Work Ombudsman is reminding employers that a 3.75 per cent minimum wage increase should be applied to eligible employees’ pay from the first full pay period starting on or after 1 July 2024. The National Minimum Wage is the base rate for adult employees in the national system who are not covered by an award or registered agreement.

For more information, see the Media release on the Fair Work Ombudsman website.

Workplace delegates’ rights in awards and agreements: changes from 1 July

A delegates’ rights term must be inserted into all modern awards by 30 June 2024 and enterprise agreements where employees are asked to vote on an agreement from 1 July 2024. Changes arise from the Fair Work Legislation Amendment (Closing Loopholes) Act 2023.

For more information, see the News release on the Fair Work Commission website.

Changes to right of entry exemption certificates from 1 July 2024

An exemption certificate allows a permit holder to enter a workplace or business premises without prior notice if they are investigating a suspected contravention. An exemption certificate can now be issued if:  

• the suspected contravention involves the underpayment of wages to a member of the union who works on the premises, and
• we reasonably believe that advance notice of the entry would hinder an effective investigation.

For more information, see the News release on the Fair Work Commission website.

Digital First Aid Certificate to be test-driven in the Service NSW app

The NSW Government is trialling the first verifiable credential to be added to the state’s new Digital Wallet. As part of a trial run in partnership with St John Ambulance, a group of first responders, employees and members will have access to a Digital First Aid Certificate as a verifiable credential through the Service NSW app.

For more information, see the Media release on the NSW Government website.

Waste levy waived for areas hit by heavy rain and flooding

The Natural Disaster Waste Levy Exemption applies to the following LGA's:

• Camden
• Wollongong
• Shoalhaven
• Shellharbour
• Wingecarribee
• Kiama.

The exemption means residents will not be charged the levy until 4 September 2024. Local landfill gate fees may apply.

For more information, see the Media release on the NSW Government website.

NSW Government passes historic long service reform for 250,000 community service workers

Community sector workers will now get long service leave based on their time in their sector rather than time employed by a single employer. This reform will ensure these workers receive 6 weeks paid leave after 7 years of employment in the sector no matter how many times they change contracts and allows casual or part-time employees to access this entitlement after the equivalent time (calculated on a pro-rata basis).

For more information, see the Media release on the NSW Government website.

Tough new Industrial Manslaughter laws send strong message on importance of worker safety in NSW

The Industrial Manslaughter Bill passed NSW Parliament on 20 June 2024 giving prosecutors the ability to hold a business or individual responsible for the death of a person due to gross negligence in the workplace. The maximum penalties will be 25 years jail for an individual, $20 million in fines for a body corporate. 

For more information, see the Media release on the NSW Government website.

NSW Government reducing the cost of living for land lease communities

The Minns Labor Government passed new laws on 21 June 2024 to fix some of the biggest and most pressing challenges for these communities, including changes to fees and charges, fairer electricity pricing and letting residence make a house a home. Residential land lease communities include caravan parks or manufactured home estates with permanent residents who own their home but lease the land on which the home sits from the community operator.

For more information, see the Media release on the NSW Government website.

Recovery support available for flood-affected NSW communities

Disaster assistance through the Commonwealth-State Disaster Recovery Funding Arrangements is now available in the Camden, Kiama, Shellharbour, Shoalhaven, Wingecarribee and Wollongong Local Government Areas following the impact of flooding from 6 June 2024.

For more information, see the Media release on the NSW Government website.

NSW Government passes law introducing police ‘wanding’ search powers

The Law Enforcement (Powers and Responsibilities) and Other Legislation Amendment (Knife Crime) Bill 2024 will tackle knife crime by giving police extra powers to keep knives off our streets and bring in new restrictions relating to the sale of knives to children.

For more information, see the Media release on the NSW Government website.

NSW Government to end Registrars making bail decisions, brings more Magistrates on board

The Bail and Other Legislation Amendment (Domestic Violence) Bill 2024 will ensure all bail decisions are made by Magistrates, as part of its domestic violence response package.

For more information, see the Media release on the NSW Government website.

NSW Government passes law making it more difficult for alleged domestic violence offenders to get bail

The Bail and Other Legislation Amendment (Domestic Violence) Bill 2024 will require people charged with serious domestic violence offences to show cause why they should not be detained until their case is determined – reversing the presumption of bail. The show cause provision will apply to coercive control, which will be a criminal offence from 1 July 2024. The amendments also strengthen the unacceptable risk test in the Bail Act.

For more information, see the Media release on the NSW Government website.

Inner-city Sydney vacant housing to be used for crisis accommodation for people seeking shelter

Homes NSW will partner with community housing provider, Bridge Housing, to utilise an existing 17-unit building to house people needing short-term accommodation. The site will be used as short-term accommodation for up to 12 months. After this time, the property will be redeveloped into 43 new social homes. This model will continue to be rolled out across the state where suitable properties are identified to be used for temporary accommodation.

For more information, see the Media release on the NSW Government website.

Medibank is being sued by the privacy regulator, a move welcomed by former customers and cybersecurity experts

Medibank is facing a maximum fine theoretically in the trillions of dollars after the Australian Information Commissioner filed proceedings in the Federal Court over its 2022 cyber attack.

For more information, see the News release on the Australian Broadcasting Corporation website.

Gender undervaluation – Expert Panel to review 5 priority awards

An Expert Panel will review pay equity in the care and community sector. The 5 awards are:

• Aboriginal and Torres Strait Islander Health Workers and Practitioners and Aboriginal Community Controlled Health Services Award 2020
• Children’s Services Award 2010
• Health Professionals and Support Services Award 2020
• Pharmacy Industry Award 2020
• Social, Community, Home Care and Disability Services Industry Award 2010

Interested parties are invited to attend a hearing before the President at 2pm (AEST) on Tuesday 18 June 2024 to make submissions about the provisional list of issues and draft timetable.

For more information, see the News release on the Fair Work Commission website.

Government to introduce industrial manslaughter offence – 25-year jail term and $20 million fine for worker deaths

Industrial manslaughter laws will allow for a business or individual to be held responsible for the death of a person due to gross negligence in the workplace. A unit will be established in the NSW Office of the Director of Public Prosecutions that will be responsible for the prosecution of industrial manslaughter offences against individuals and, where appropriate, related bodies corporate.

For more information, see the Media release on the NSW Government website.

Inquiry seeking evidence to improve access for victim-survivors in the family law system to family violence orders

The House of Representatives Standing Committee on Social Policy and Legal Affairs has launched an inquiry with a focus on what can be done at a federal level to make applying for orders easier for victims already negotiating the family law system and how to make those orders more effective in keeping families safe. Written submissions are requested by Friday, 19 July 2024 and can be submitted via the inquiry website or emailed directly to the secretariat.

Further information about the inquiry, including the terms of reference, is available on the inquiry webpage.

For more information, see the Media release on the Parliament of Australia website.

Making marriage easier and more accessible

Amendments to the Marriage Act 1961 permanently allow a Notice of Intended Marriage (NOIM) to be witnessed by authorised witnesses, in Australia and overseas, via video conferencing (remote witnessing).

For more information, see the Media release on the Our ministers - Attorney-General's portfolio website.

New criminal laws to combat sexually explicit deepfakes

The Criminal Code Amendment (Deepfake Sexual Material) Bill 2024 will impose serious criminal penalties on those who share sexually explicit material, including material that is digitally created using artificial intelligence or other technology, without consent.

For more information, see the Media release and Podcast interview on the Our ministers - Attorney-General's portfolio website.

Coercive control awareness – culturally and linguistically diverse campaign launched

The NSW Government is continuing to raise public awareness and understanding of coercive control, with an in-language campaign to raise awareness and understanding of coercive control among culturally and linguistically diverse (CALD) communities beginning 27 May 2025. The campaign uses the image of a spider’s web to symbolise the interconnected pattern of behaviours which traps victims of coercive control.

For more information, see the Media release on the NSW Government website.

For further information, see Coercive control on the NSW Government website.

Changes to breaks between work periods in the Retail Award

The Fair Work Commission (the Commission) has made changes to the wording of the Retail Award concerning the pay rate for employees when they don’t get the minimum break between shifts. These changes took effect from the first full pay period on or after 14 May 2024.

For more information, see the Media release on the Fair Work Ombudsman website.

Empowering women to run for council

The NSW Government is providing support to encourage more women to consider running for their local council. The Australian Local Government Women’s Association (ALGWA) NSW Branch and Women for Election will deliver workshops covering leadership skills, how to run a successful campaign as well as the roles and responsibilities of elected councillors. Workshops will be held at multiple locations in Sydney and in regional and rural areas, and include dedicated workshops run by First Nations trainers to support Aboriginal and Torres Strait Islander women to run for local government.

For more information, see the Media release on the NSW Government website.

NSW working to improve digital access through new inclusion strategy

The NSW Government is calling on local communities, industry, community organisations, and government agencies to help shape the state’s first Digital Inclusion Strategy looking at how everyone in NSW can access, afford and engage with digital technologies, services, and resources – regardless of where they live, their age, race, gender identity and socio-economic status, or if they have a disability. Have your say by completing a survey, taking a quick poll, sharing your story, or making a submission, until Friday 19th July, 2024.

For more information, see the Media release on the NSW Government website.

New strategy to address psychological risks in the workplace with $5.6m in business assistance

The SafeWork NSW Psychological Health and Safety Strategy 2024-2026 outlines how the workplace regulator will support employers to manage risks and comply with their duty to prevent psychological harm in NSW workplaces.

For more information, see the Media release on the NSW Government website.

Date set for ‘landmark’ strip-search class action against NSW Police

The NSW Supreme Court has established a trial date commencing 5 May 2025, set to last four weeks, for a class action lawsuit initiated by Slater & Gordon Lawyers and Redfern Legal Centre (RLC) challenging the legality of strip searches carried out by NSW Police at music festivals over the past six years.

For more information, see the Media Release: Strip Search class action trial date set on the RLC website.

For further information, see the Music Festival Searches Class Action on the Supreme Court of New South Wales website.

Strengthening the justice system to better protect domestic and family violence victim survivors

The NSW Government introduced the Bail and Other Legislation Amendment (Domestic Violence) Bill 2024 containing significant legal reforms that will make it more difficult for those accused of serious domestic violence offences to get bail. The reforms include:

• reversing the presumption of bail for serious domestic violence offences
• requiring electronic monitoring of people charged with serious domestic violence who are on bail
• expanding the categories of offences for which bail decisions can be ‘stayed’
• for all other domestic violence related offences, requiring bail decision-makers to consider, where relevant:
  • domestic abuse risk factors
  • the views of victims and their family members
• changes to make it easier to prosecute perpetrators who use tracking and surveillance devices as a tactic to maintain control over their victim
• changes to weekend bail courts across NSW.

For more information, see the Media release on the NSW Government website.

NSW introduces laws to get knives off the street and boost community safety

The NSW Government has introduced the Law Enforcement (Powers and Responsibilities) and Other Legislation Amendment (Knife Crime) Bill 2024, legislation modelled on Queensland’s ‘Jack’s Law’ which will give Police powers to “wand” or “scan” people for knives without a warrant in designated areas.

For more information, see the Media release on the NSW Government website.

Striking a better balance on later trading applications

The NSW Government is introducing reforms to support restaurants and bars that want to trade later in locations that are 500m or more away from a residential property. Under the proposed Environmental Planning and Assessment Amendment (Vibrancy Reforms) Bill 2024, approved by Cabinet on Monday, councils and consent authorities will have to consider a set of ‘Vibrancy Guidelines’ when assessing certain applications to extend operating hours.

For more information, see the Media release on the NSW Government website.

Labor’s De-amalgamation Bill passes Parliament

The NSW Labor Government has given councils and their communities the power to make decisions about their future with the Local Government Amendment (De-amalgamations) Bill 2024 passing both Houses of Parliament. The new legislation provides certainty to councils that have been left in limbo due to legal flaws within the Local Government Act.

Under the new laws, councils seeking to demerge must work in close consultation with their community to ensure local democracy is enshrined throughout the entire process. The new legislation will also apply to any council that has been amalgamated, removing a provision that placed a 10-year period for councils to enact demerger proceedings.

For more information, see the Media release on the NSW Government website.

Multicultural Centre for Women’s and Family Safety opened

The NSW Government has partnered with Settlement Services International (SSI) and opened a NSW Multicultural Centre for Women's and Family Safety to increase accessibility to services and safety for migrant and refugee women by having holistic, well-informed and culturally appropriate responses to domestic, family and sexual violence. 

SSI is a national organisation working with culturally and linguistically diverse people and communities in NSW with subject matter expertise in domestic, family and sexual violence. The centre will be based in South Western Sydney but operate statewide, including outreach into regional and rural NSW.

For more information, see the Media release on the NSW Government website.

NSW Government to issue formal apology on the 40th anniversary of decriminalisation of homosexuality

The NSW Government announced that it will issue a formal state apology to those convicted under discriminatory laws that criminalised homosexual acts. NSW is the last state to issue an apology. Victoria and South Australia formally apologised in 2016, followed by Queensland, Western Australia and Tasmania in 2017. The formal state apology will be made in NSW Parliament.

For more information, see the Media release on the NSW Government website.

Toll cap cash flowing — motorists claiming $264 on average

Motorists are claiming an average $264 in cash back from the cost-of-living relief scheme that began on 1 January. A total of $46.8 million is available to 350,000 toll account holders to be claimed after the first quarterly period. Claims will open for future quarters on 9 July 2024, 9 October 2024 and 9 January 2025.

For more information, see the Media release on the NSW Government website.

New measures to get knives off the street and boost community safety

The NSW Government announced a package of common-sense reforms to target possession of knives, particularly among young people, reduce knife crime and boost community safety. The government will:

• develop legislation modelled on Queensland’s Jack’s Law which will give police powers to “wand” or “scan” people for knives without a warrant in designated areas, including transport hubs, shopping centres and other crowded places:
  • these powers will be made available in circumstances where a relevant weapons offence/knife crime has occurred within the past 6 months
  • an authority can then be issued by police, enabling them to “wand” or “scan” people, and
  • the authority will last for 12 hours, with an option to extend as required.
• Make it illegal to sell knives to a child under the age of 18, with provisions for exemptions for retailers selling to young people who need a knife for their work or study.
• Increase penalties for people selling knives to young people under the age of 18.

The reforms build upon action taken by the NSW Government including:

• doubling of the maximum penalties for various knife related offences in 2023
• the review by the NSW Sentencing Council into of sentencing for firearms, knives, and other weapons offences
• ongoing high impact NSW Police operations such as “Operation Foil” – an ongoing, targeted operation which last ran from 11 to 13 April 2024. It targets knife crime and anti-social behaviour with 51 knives/weapons seized and 145 people charged with weapon-related offences. In the last year alone almost 4000 knives were seized in public places.

For more information, see the Media release on the NSW Government website.

AG's Media release: Landmark Family Law Act reforms come into effect

On 6 May 2024 the Government’s significant reforms to the Family Law Act come into effect, making Australia’s family law system simpler, safer and easier for separating families and their children.

For more information, see the Media release on the Federal Circuit and Family Court of Australia website.

Practice and procedure update: Practice directions

With the commencement of the Family Law Amendment Act 2023 and the Family Law (Information Sharing) Act 2023 on 6 May 2024, amendments have taken effect to four practice directions:

• Central Practice Direction: Family Law Case Management
• Family Law Practice Direction: Parenting Proceedings
• Family Law Practice Direction: Financial Proceedings
• Family Law Practice Direction: Critical Incident List

In addition, the COVID-19 List Practice Direction has been revoked.

For more information, see the Latest news on the Federal Circuit and Family Court of Australia website.

Variation of modern awards to include a delegates’ rights term: draft term published

Justice Hatcher has issued a statement announcing the publication of a draft delegates’ rights term to be inserted into all modern awards by 30 June 2024 due to changes arising from the Fair Work Legislation Amendment (Closing Loopholes) Act 2023. 

Interested parties are invited to comment on the draft term by 12 noon (AEST) on Friday 17 May 2024.

For more information, see the Media release on the Fair Work Commission website.

It’s NSW Privacy Awareness Week 2024

The Information and Privacy Commission highlighted resources during Privacy Awareness Week 2024 for implementing technology - privacy toolkit, citizens, and agencies to help understand privacy laws in NSW and give information on how to protect personal information and access rights.

For more information, see the Media release on the Information and Privacy Commission New South Wales website

'It's not love, it's coercive control'

The NSW Government launched an advertising campaign on 1 May 2024 to raise public awareness and understanding of coercive control. Using the tagline, “It’s not love, it’s coercive control. Know the signs of abuse,” this campaign uses video, audio and static advertisements with the slogan to show coercive control as a pattern of abusive behaviour over time.

This campaign was a recommendation of the Joint Select Committee on Coercive Control, which highlighted the need to support community awareness of coercive control prior to the commencement of the Crimes Legislation Amendment (Coercive Control) Act 2022 which will criminalise coercive control in current or former intimate partner relationships in NSW starting from 1 July 2024. If found guilty, perpetrators can face up to a maximum of 7 years in prison.

For more information, see the Media release on the NSW Government website.

Helping Australians navigate surrogacy

The Government has launched a new national hub, the Surrogacy in Australia website that provides an overview of domestic surrogacy, surrogacy overseas, recognition of parentage in Australia, ethical guidelines on the use of assisted reproductive technology and human rights and surrogacy concerns.

The website makes clear that commercial surrogacy is illegal in all states and territories and warns that in many other countries, surrogacy is unregulated or poorly regulated.

Australian surrogacy law protects the human rights of children born of surrogacy, their surrogate mothers and intended parents. Each state and territory has its own laws about surrogacy arrangements and the website will direct users to relevant laws in each jurisdiction.

For more information, see the Media release on the Attorney-General's Department website.

NSW Government to implement all of Ombudsman’s recommendations in ‘garnishee orders’ report

The NSW Ombudsman released a report Revenue NSW – The lawfulness of its garnishee order process on 30 April 2024 centering on Revenue NSW’s use of garnishee orders to withdraw funds directly from individuals’ bank accounts between 2016 and 2022. 

The Ombudsman’s report concluded that:

• the previous government’s garnishee orders system for fines between January 2016 to March 2019 was unlawful. 
• Revenue NSW’s conduct to recover state debts from March 2018 to March 2019 was contrary to law as it did not comply with the State Debt Recovery Act. 
• Revenue NSW’s implementation between March 2019 and March 2022 was wrong by not providing decision makers with complete information to undertake their work.

There is no suggestion that Revenue NSW’s current use of the garnishee order system is unlawful or wrong.

The Chief Commissioner of State Revenue has written to the NSW Ombudsman and committed Revenue NSW to implementing all of his recommendations.

For more information, see the Media release on the NSW Government website and the Media release on the NSW Ombudsman website.

Practice and procedure update: Forms

Due to the commencement of the Family Law Amendment Act 2023 and the Family Law (Information Sharing) Act 2023 (the Family Law Act Amendments) a number of court forms have been updated. You should use these new forms from 4.30pm on Friday 3 May 2024. If you have saved a copy of the old forms you should download and save a copy of the new forms. There will be a grace period of one month close of business closing 7 June 2024 where the court will accept the old forms.

Due to the nature of the changes to the following four forms, there is no general grace period for the filing of the old versions after 4:30pm (close of filing) on Friday 3 May 2024:

• Annexure to Proposed Consent Parenting Order (Current Case)
• Application – Contravention
• Application – Enforcement, and
• Application for Consent Orders if parenting orders are sought.

You must file the updated versions of these forms from 4.30pm on Friday 3 May 2024.

For more information, see the Media release on the Federal Circuit and Family Court of Australia website.

Recovery support extended for flood-affected NSW communities

Disaster assistance has been extended to the following local government areas to address the impact of heavy rainfall and flooding from 1 April 2024:

• Armidale
• Campbelltown
• Lismore
• Moree Plains
• Northern Beaches
• Port Stephens.

The support available to eligible residents includes:

• assistance to help meet immediate needs like emergency accommodation or small cash payments to purchase essential items generally provided from evacuation or recovery centres
• grants to replace lost essential household items to maintain basic standard of living
• grants to undertake essential structural repairs to restore their homes to a safe and habitable condition.

For more information, see the Media release on the NSW Government website.

Family law changes from 6 May 2024

On 6 May 2024 new laws relating to family law parenting matters will come into effect, changing:

• what a court must consider when determining what is in a child’s best interests, and
• how separated parents make decisions about long-term issues regarding their children.

The changes will affect:

• parties involved in parenting proceedings that continue after 6 May 2024
• parties who apply for parenting orders after 6 May 2024.

Court forms have been updated to reflect the change in the law. You should use the new forms for any forms you file after 4:30pm on 3 May 2024.

There is a grace period for using the old forms until 4:30pm (close of filing) on 7 June 2024 for all of the amended forms except for the:

• Annexure to Proposed Consent Parenting Order (Current Case)
• Application – Contravention
• Application – Enforcement, and
• Application for Consent Orders if parenting orders are sought.

You must use these forms from 4:30pm on 3 May 2024. 

For more information, see the Media release on the Federal Circuit and Family Court of Australia website.

New online form for general protections applications involving dismissal (Form F8)

The General protections application involving dismissal online form (Form F8) is now available in the Online Lodgment Service (OLS).

The online form has replaced the previous version where forms were uploaded into the OLS.

You can now lodge the following forms using the OLS:

• Unfair dismissal application (Form F2) – online form
• General protection applications (Form F8) – online form, F8C upload form
• Unlawful termination application (Form F9) – upload form
• Agreement approval application (Form F16) – online form
• Application to stop bullying at work (Form F72) – upload form.

The online forms are designed to be easy to use, and include:

• prompts to help you provide the information needed to make a complete application
• an auto-fill function
• links to other resources that might help you.

For more information, see the Media release on the Fair Work Commission website.

NSW Government supports for people impacted by Bondi Junction incident

There are a number of supports available fro people impacted directly and indirectly by the Bondi Junction incident, including:

• Victims and families can access support through the Victims Support Scheme by calling the dedicated phone line for this incident on 1800 019 123 9am to 5pm, Monday to Friday.
• NSW Police have assigned a Family Liaison Officer to support each impacted family of the deceased.
• The NSW Mental Health Line is available 24/7, with specialist staff available to speak to anyone affected by the attack by calling 1800 011 511.
• Mental health services have also been activated for first responders.

The Victims Support Scheme provides:

• counselling to help victims recover from the psychological and emotional impacts of a crime
• financial assistance for immediate needs, for example health expenses resulting from the violent crime
• financial assistance for economic loss to cover other expenses resulting from a violent crime, depending on their situation
• assistance to pay for funeral expenses on behalf of family members of a homicide victim
• a recognition payment to acknowledge the violent crime.

General supports for the community are also available:

• Lifeline: Call 13 11 14, text 0477 13 11 14 or chat online.
• Kids Helpline: Call 1800 55 1800 or chat online.
• Beyond Blue: Call 1300 22 4636 or chat online.
• 1800RESPECT: Call 1800 737 732, text 0458 737 732 or chat online.
• 13 Yarn: Call 13 92 76.
• MensLine Australia: Call 1300 78 99 78.

For more information, see the Media release on the NSW Government website.

NSW Government zeroes in on road safety

The NSW Government is doubling roadside enforcement sites used for mobile speed cameras, with cameras being deployed in 2,700 new sites across the state. Mobile speed camera enforcement hours are not being increased.

New enforcement sites are among the measures being introduced to improve road safety. Other measures include:

• requiring all motorists driving on a foreign licence to convert to a NSW licence within six months
• the introduction of seatbelt enforcement by existing mobile phone detection cameras commencing on July 1
• the demerit point trial that earlier this month saw 1.1 million drivers get a demerit point wiped from their licence for maintaining a spotless record over 12 months

For more information, see the Media release on the NSW Government website.

Recovery centres open in the Illawarra to support flood-affected residents

Recovery centres are now in operation in Thirroul and Warrawong, providing Illawarra residents with access to mental health services, legal aid, community not-for-profits, and government representatives, including:

• Service NSW, including Business Concierges (at Thirroul)
• NSW Reconstruction Authority
• Salvation Army
• Insurance Council of Australia
• Telephone interpreting services.

Support is also available through Service NSW for those unable to visit in person, with Customer Care specialists available by phone on 13 77 88.

For more information, see the Media release on the NSW Government website.

Recovery support extended for flood-affected communities

Disaster assistance has been extended to the following local government areas to address the impact of heavy rainfall and flooding from 1 April 2024:

• Blacktown
• Byron Bay
• Central Coast
• Clarence Valley
• Dungog
• Gwydir
• Hornsby
• Lake Macquarie
• Lithgow
• Maitland
• Mid-Coast
• Oberon
• The Hills
• Yass Valley.

The support available to eligible residents includes:

• assistance to help meet immediate needs like emergency accommodation or small cash payments to purchase essential items generally provided from evacuation or recovery centres
• grants to replace lost essential household items to maintain basic standard of living
• grants to undertake essential structural repairs to restore their homes to a safe and habitable condition.

For more information, see the Media release on the NSW Government website.

Recovery support for flood-affected communities

Disaster assistance is now available to address the impact of flooding from 5 April 2024 in the following Local Government Areas:

• Blue Mountains
• Camden
• Hawkesbury
• Kiama
• Liverpool
• Penrith
• Shellharbour
• Shoalhaven
• Sutherland
• Upper Lachlan
• Wingecarribee
• Wollondilly
• Wollongong.

The support available to eligible residents includes:

• assistance to help meet immediate needs like emergency accommodation or small cash payments to purchase essential items generally provided from evacuation or recovery centres
• grants to replace lost essential household items to maintain basic standard of living
• grants to undertake essential structural repairs to restore their homes to a safe and habitable condition.

For more information, see the Media release on the NSW Government website.

Demerit point wiped for 1.1 million safe drivers

Under the NSW Governments demerit point trial, 1.1 million motorists will have a demerit point removed from their licence as a reward for maintaining good driver behaviour. The 12-month trial, which ended on January 16, provided an incentive for drivers to follow the road rules by removing a demerit point from the licence of those who remained offence-free during the trial.

The trial was extended for another twelve months, to run from 17 January 2024 to 16 January 2025. It applies to anyone with a NSW unrestricted licence, including professional drivers, and a demerit point on their record.

For more information, see the Media release on the NSW Government website.

Sydney Drug Court Expansion

Amendments to the Drug Court Regulation commenced on 29 March 2024, expanding the catchment area of Sydney Drug Court to include:

• Bayside
• Burwood
• Canada Bay
• City of Sydney
• Georges River
• Hunters Hill
• Inner West
• Lane Cove
• Mosman
• North Sydney
• Randwick
• Ryde
• Strathfield
• Waverley
• Willoughby
• Woollahra. 

For more information, see Who is eligible on the Drug Court of NSW website.

Privacy Awareness Week NSW 2024 - Save the Date

Privacy Awareness Week will take place from 6 – 12 May 2024 and the theme for this year is Privacy and technology: Improving transparency, accountability, security.

Privacy Awareness Week aims to improve understanding and awareness of NSW privacy legislation, raise awareness of a person’s privacy rights, and remind agencies of their privacy obligations. This year’s theme will focus on creating a more responsible and secure digital landscape that balances technological advancements with the preservation of individual privacy rights.

For more information, see Privacy Awareness Week NSW 2024 on the Information and Privacy Commissions NSW website.

New page limits on the length of the Employer’s Reply

From 28 March 2024, Employer’s Responses to Unfair Dismissal applications filed in accordance with cl 4.5(2) of the Industrial Relations Rules 2022 must be no more than 30 pages without leave of the Commission.

For more information, see the Media release on the Industrial Relations Commission website.

New Fair Work Commission Rules commence today

The new Fair Work Commission Rules 2024 commenced on 27 March 2024.

These replace the previous Rules made in 2013. 

For more information, see the Media release on the Fair Work Commission website.

Albanese Government protecting Commonwealth frontline workers

The Government has put forward a new bill to ensure stronger protections for Commonwealth frontline workers, including workers at Centrelink, the Australian Taxation Office, and the Australian Electoral Commission.

The bill seeks to increase the penalty for two offences:

• conduct that causes harm to a Commonwealth frontline worker  - from a maximum of 10 years to 13 years’ imprisonment
• conduct that threatens to cause serious harm to a Commonwealth frontline worker - from a maximum of 7 years to 9 years’ imprisonment.

For more information, see the Media release on the Attorney-General's Department website.

Quarter of a million essential workers set to benefit under proposed long service leave reforms

Up to 250,000 community sector workers would see their leave rights expanded under a landmark draft bill released today by the NSW Government for consultation.

The bill would allow workers in disability care, family and domestic violence services, homelessness services and many other essential services to accrue paid long service leave:

• after 7 years, rather than 10 years
• based on time employed in the sector, rather than time employed by a single employer.

It would also create a single central agency tasked with administering long service leave, including records and leave payments.

Public consultation on the proposed changes opened on 26 March 2024 and closes on 30 April 2024. For more information, see Have your say on the NSW Government website.

For more information, see the Media release on the NSW Government website.

NSW Government bans LGBTQ+ conversion practices

A bill has passed through the NSW Parliament banning controversial LGBTQ+ conversion practices.

Conversion practices, which can include so-called “conversion therapy” and suppression practices, are formal or informal practices based on the false ideology that LGBTQ+ people have a ‘disorder’ or require treatment. Evidence shows that conversion practices are dangerous and damaging.

For more information, see the Media release on the NSW Government website.

New bail and performance crime laws passed to prevent youth crime

NSW bail laws have been changed temporarily to prevent repeat youth crime.

An additional bail test has been introduced for young people between 14 and 18 charged with committing certain serious break and enter offences or motor vehicle theft offences while on bail for similar offences. Under the test, a bail authority such as police, magistrates and judges will need to have a high degree of confidence that the young person will not commit a further serious indictable offence while on bail before granting bail.

A new performance crime offence has also been created for people who commit motor vehicle theft or break and enter offences and share material to advertise their involvement in the criminal behaviour. The new offence imposes an additional penalty of two years’ imprisonment on top of the penalties already available for the relevant motor theft, or breaking and entering offence.

The changes to bail laws are due to expire after 12 months. The new performance crime offence will be reviewed two years after commencement.

For more information, see the Media release on the NSW Government website.

NSW Government to begin public consultations on Compulsory Land Acquisitions review

The NSW Government has begun public consultations in the review into improving compulsory land acquisition processes, which are set to take place between 22 March and 3 May 2024.

In-person public consultation sessions will take place in Nowra, Singleton, Dubbo, Coffs Harbour, Armidale, Parramatta and Wagga Wagga, with 2 online sessions also scheduled to take place in April.

For more information, see the Media release on the NSW Government website.

Landmark environmental reforms pass NSW Parliament

The biggest changes to environment protection regulation in more than three decades have passed the NSW Parliament, introducing higher penalties and stronger regulatory action for those that do the wrong thing. 

Some of the changes include:

• doubling maximum penalties, including for certain asbestos-related offences
• raising on-the-spot fines for common environmental offences and littering.

For more information, see the Media release on the NSW Government website.

Work value case – Aged care industry decision issued

The Fair Work Commission has issued a decision in the Work value case - Aged care industry.

In this case, the Fair Work Commission considered whether to vary minimum wages for aged care workers, including:

• registered nurses
• enrolled nurses
• assistants in nursing
• personal care workers and home care workers
• head chefs and cooks
• recreational activities officers (lifestyle workers)
• administrative and support staff.

For more information, see the Media release on the Fair Work Commission website.

Family and domestic violence general protections: new fact sheet published

The Fair Work Commission has published a new fact sheet about the changes to general protections regarding family and domestic violence. 

Under the changes, an employer is prohibited from taking adverse action against an employee, or potential employee, because they have been, or are being, subjected to family and domestic violence.

For more information, including a copy of the fact sheet, see the Media release on the Fair Work Commission website.

Workplace delegates’ rights and general protections: new fact sheet published

The Fair Work Commission has published a plain language fact sheet on the new protections for workplace delegates. 

A workplace delegate is a person appointed or elected by a union to be a delegate or representative for union members working in a particular enterprise. They have the right to represent the industrial interests of members and potential members.

For more information, including a copy of the fact sheet, see the Media release on the Fair Work Commission website.

Free asbestos awareness short course available

SafeWork NSW, Building Commission NSW, and TAFE NSW have partnered to provide a free online short course ‘Asbestos Awareness and Safety’ to increase awareness of the safety risks relating to asbestos.

It is hosted on the Construct NSW digital learning platform and is aimed at anyone likely to encounter asbestos in their workplace.

Completion of the course provides asbestos awareness training. Further training is required to undertake licensed asbestos removal work.

The course will be free to anyone in Australia for 3 months, with the potential for extension depending on public demand.

For more information, see the Media release on the NSW Government website.

Biggest boost to environmental regulation in 3 decades

Penalties for many environmental crimes will double under the biggest amendment to environmental protection laws since the Environment Protection Authority was created in 1991.

Some of the changes introduced by the amendment include:

• doubling on-the-spot fines for general littering of small items to $160 for individuals and corporations in public places
• on-the-spot fines for small-scale illegal dumping of $5,000 for companies and $1,000 for individuals, which can be issued by public land managers, including councils, NSW Police and the National Parks and Wildlife Service.

For more information, see the Media release on the NSW Government website.

Early Drug Diversion Initiative

On 1 March 2024, the Early Drug Diversion Initiative (EDDI) scheme came into force in NSW. Under this scheme, NSW Police can give on-the-spot fines for low-level drug offences on two occasions, instead of a court attendance notice. 

People who receive a fine will be encouraged to complete a tailored drug and alcohol intervention. St Vincent's Health Network runs the statewide EDDI telephone counselling service, which provides this intervention. The intervention is free, confidential and lasts up to 60 mins. 

If a person completes the intervention, the EDDI telephone counselling service will notify Revenue NSW and the fine will be waived.

This scheme does not apply for serious drug offences, like drug supply.

For more information, see Early Drug Diversion Initiative on the NSW Government website.

National consultation on laws to combat doxxing now open

The Australian Government is consulting with members of the public to get their views on how to address the issue of doxxing through civil remedies.

Doxxing is defined as the intentional online exposure of an individual’s identity, private information or personal details without their consent. It can harm an individual in many ways, including through public embarrassment, discrimination, cyberstalking, identity theft and financial fraud.

To address this issue, the Government is proposing to enhance privacy protections for individuals through its response to the Privacy Act Review, including to introduce new provisions which would address the practice of doxxing.

The consultation is open to all members of the public.

Submissions will close on 28 March 2024.

For more information, see the Media release and Public Consultation on Doxxing and Privacy Reforms on the Attorney-General's Department website.

Ticketless parking fines must meet community expectations, NSW Government stops new councils signing up

Following community concerns about the use of ticketless parking fines, the Minister for Finance has written to the 128 councils regarding their use of ticketless system, and stopped new councils from signing up to the system while a review is being conducted.

Under the ticketless parking fines trial that commenced in May 2020, an issuing authority can send details of a fine directly to Revenue NSW, which in turn sends an infringement notice to the driver by post or the Service NSW app. As a result, most drivers don't know they have received a ticket when they return to their car.

This has meant that:

• drivers have had difficulty gathering the evidence they need to seek a review of the fine, such as photos and details of where they parked
• a fine has less impact to act as an immediate deterrent and influence behaviour
• a driver can receive multiple parking infringements before receiving a notification via post or the Service NSW app.

To address these concerns, the Minister has formally requested councils to provide on-the-spot, written notification to a driver when have been fined. The Minister has also requested that councils capture photographic evidence of an alleged infringement and transmit this evidence to Revenue NSW.

For more information, see the Media release on the NSW Government website.

New Service NSW Centre open at foot of Blue Mountains

Glenmore Park Service Centre opened on 11 March 2024 servicing the communities in Glenmore Park, Jamisontown, Emu Plains, Glenbrook and surrounding areas.

Customers are able to complete a range of transactions at the new Service Centre, including licence renewals, Working with Children Check renewals, driver testing and owner-builder permits.

Another new Service Centre will open in Tallawong this year for people living in Sydney's north-west.

For more information, see the Media release on the NSW Government website.

Know the new workplace laws, FWO urges

The Fair Work Ombudsman is encouraging workplace participants to get educated and compliant with the further changes to workplace laws, or risk facing the new significantly higher penalties.

The Ombudsman offers free information and advice on the changes to workplace participants. 

Some of the changes introduced include:

• changes to the definition of casual employment and employment, which commenced on 26 August 2023
• increases to the maximum civil penalties a court can impose for certain contraventions, which are now in force
• creation of minimum standards for gig workers, which commenced on 26 August 2023
• the right to disconnect.

For more information, see the Media release on the Fair Work Ombudsman website.

Increasing awareness of coercive control

New resources have been created to tackle family violence by helping victims, their families, friends and frontline professionals to identify patterns of behaviour that amount to coercive control.

Coercive control is a pattern of abusive behaviour designed to create power and dominance over another person or persons. It can involve physical and non-physical abuse and, over time, creates fear and takes away the person's freedom and independence.

Coercive control almost always underpins family and domestic violence. Understanding and identifying these dynamics is fundamental to an effective response to family and domestic violence.

The new resources include:

• factsheets on tech-facilitated abuse and economic and financial abuse, and
• resources to help healthcare practitioners identify coercive control.

For more information, see the Media Release on the Attorney-General's Department website.

Foreign licence holders given deadline to get a NSW licence

All motorists driving on a foreign licence in NSW will now have a maximum of six months to convert to a NSW driver licence if they want to continue driving in NSW.

Existing residents will have 12 months from 1 March 2024 to undertake this process.

Some drivers will need to pass a practical driving test to obtain a NSW driver licence. Other drivers, whose licenses are from countries which have road systems more compatible with NSW, will need to simply convert their licence.

For more information, see the Media release on the NSW Government website.

New government initiative shows early results: 71 children out of emergency accommodation, hotels and motels

There are now 71 fewer foster children in NSW living in emergency accommodation – like hotels and motels – following the creation of a new team in November 2023 dedicated to shifting children from High-Cost Emergency Arrangements (HCEA) to more suitable arrangements.

Some of the work being done by the new team and caseworkers includes:

• intensive family finding, where caseworkers search out possible family connections who might be able to care for the child under kinship care arrangements
• matching children to newly recruited emergency foster carers
• working with NGO partners to fill vacancies in their contracts with government
• renegotiating the amount paid to HCEA providers.

For more information, see the Media release on the NSW Government website.

Government announces CSLR Chair and changes to AFCA authorisation

Ahead of the commencement of the Compensation Scheme of Last Resort (CSLR) on 2 April 2024, the Government has temporarily changed the conditions of AFCA’s authorisation as the financial sector dispute resolution scheme to align with the intended scope of the CSLR.   These changes will remain in place until the amendments to the CSLR legislation are made.

They clarify that AFCA will only progress complaints potentially eligible for the CSLR if the financial services firm involved was licensed to provide the relevant product or service (‘licensed conduct’).  

AFCA is required to implement these conditions. AFCA will also make relevant changes to its Rules, following ASIC directions and regulatory processes.

For more information, see the Media release on the AFCA website.

Closing Loopholes No.2 Act has commenced

From today, the Closing Loopholes No. 2 Act makes changes to:

• enterprise bargaining provisions relating to multi-enterprise agreements and franchisees
• intractable bargaining provisions
• provisions relating to registered organisations and withdrawal from amalgamation.

A range of other measures impacting the Fair Work Commission will commence in the coming months, including provisions relating to:

• the road transport industry
• 'employee-like' workers performing digital platform work in the gig economy, and 
• the ‘right to disconnect’, which will commence in 6 months on 26 August (or another date by proclamation).

A full list of the measures impacting the Commission is on The Closing Loopholes Acts – what’s changing page on the Fair Work Commission website. 

For more information, see the Media release on the Fair Work Commission website.

Changes to age group descriptions in 34 awards

The Fair Work Commission has made changes to the junior age group descriptions in 34 awards to make them clearer.

These changes took effect from the first pay period starting on or after 31 December 2023.

There are no changes to junior rates in the awards. The Commission wanted to make the age descriptions clearer and more consistent.

For more information, see the Media release on the Fair Work Ombudsman website.

Therapy Dog Zoey ‘sworn in’ to the Federal Circuit and Family Court in Hobart

The Federal Circuit and Family Court of Australia has expanded the highly successful Court Dog Program to Tasmania.

Zoey, a fully accredited and licenced therapy dog, started in the Hobart registry on 27 February 2024. She has been professionally trained by Therapy Dogs NSW and will provide comfort and emotional support to parties and children in a range of settings within the Court precinct.

Hobart-based Judge, Her Honour Judge Taglieri said that "Where requested, Zoey can attend court hearings and other events such as interviews with children. She is trained to sit calmly alongside a person in the witness box or at a person’s feet. Zoey provides a reassuring presence and a physical source of calming touch, which can assist in opening up communication during an otherwise stressful and emotionally difficult time". 

For more information, see the Media release on the Federal Circuit and Family Court of Australia website.

NSW Government to transform SafeWork NSW into standalone work, health and safety regulator

The NSW Government will transform SafeWork into a standalone regulator following a 12-month independent inquiry by former judge The Hon. Robert McDougall KC.

The government has endorsed the recommendations laid out in The Independent Review of SafeWork NSW Final Report, and has already implemented some of the recommended reforms.

The government is now working out how to implement the remaining recommendations.

For more information, see the Media release on the NSW Government website.

Do you work in building and construction?

The Fair Work Ombudsman has created a new dedicated website section for the building and construction sector.

It contains tailored information and advice on workplace issues, including:

• understanding the building and construction industry
• award entitlements and allowances
• workplace protections
• apprentice rights and responsibilities.

For more information, see the Media release on the Fair Work Ombudsman website.

Fair Work Act changes: Protecting Worker Entitlements

As part of the Australian Government’s new Protecting Worker Entitlements laws, there have been changes to the Fair Work Act.

Some changes started recently that covered:

• employee authorised deductions
• the right to superannuation in the National Employment Standards
• casual employees in the black coal mining industry.

While other changes took effect in July 2023 that covered:

• changes to unpaid parental leave
• the interaction between enterprise agreements and workplace determinations
• protections for migrant workers.

For more information, see the Media release on the Fair Work Ombudsman website.

Closing Loopholes: Fair Work Act changes

The Australian Government has passed new workplace laws as part of its ‘Closing Loopholes’ legislation.

The new laws cover:

• rules for labour hire workers
• criminalising intentional wage underpayments
• new discrimination protections
• small business redundancy exemptions
• workplace delegates’ rights
• right of entry
• compulsory conciliation conferences in protected action ballot matters.

The changes will take effect at different times between now and 2025.

For more information, see the Media release on the Fair Work Ombudsman website.

All you need to know about the Specialist Indigenous List in Lismore

The Family Law Pathways Network Northern Rivers, has created an educational video on the Specialist Indigenous List, aimed at Service Providers, Legal Practitioners, and the wider community to explain the processes and referral pathways for Aboriginal and Torres Strait islander Families.

For more information, see the Media release on the Northern Rivers Family Law Pathways Network website.

Government considers penalties for employers liable for worker deaths

The NSW Government is seeking feedback about how best to introduce industrial manslaughter laws, and which elements will make up the offence. 

Under the proposed new laws, a business or individual could held responsible for the death of a person due to negligent or reckless behaviour in the workplace.

Feedback is being sought from the community, including work health and safety experts, business groups, unions, legal stakeholders and families of people who have been killed at work.

For more information, see the Media release on the NSW Government website.

Digital statutory declarations now available in myGov

People can now complete a Commonwealth statutory declaration in three equally valid and legally effective ways:

• through the myGov platform
• digitally using electronic signatures and video-link witnessing
• and the traditional, paper-based method.

The new MyGov statutory declaration uses the Australian Government's Digital ID to verify the identification of the person making the declaration, removing the need for it to be witnessed by an authorised person.

Digital declarations also have a unique QR code, which can be scanned using the MyGov app scanner. This allows organisations to check the authenticity of a declaration. 

For more information, see the Media release on the Attorney-General's portfolio website.

Five deaths at workplaces in 4 days prompts safety reminder

The NSW Government says several deaths at workplaces over the past week serve as a sad reminder to employers and businesses about safety.

Business owners must ensure their workers are properly trained on, and always adopt, safe work practices, especially those involved in high-risk areas such as working at heights, electrical and moving plant and machinery.

Workers who have concerns about workplace health and safety can anonymously contact SafeWork on 13 10 50 or through the Speak Up Save Lives app. 

Further information about workplace safety, including working with electricity, forklifts, farm safety and working at heights in construction can be found on the SafeWork NSW website.

For more information, see the Media release on the NSW Government website.

Sixty retailers targeted in major vaping blitz across Sydney

Retailers across the city of Sydney and south east Sydney have been targeted in a joint operation to crack down on the illegal sale of nicotine e-cigarettes (vapes).

Vaping products containing nicotine can only be legally dispensed from a pharmacy with a valid prescription written by a medical practitioner or nurse practitioner.

It is illegal for all other retailers in NSW to sell e-cigarettes or e-liquids containing nicotine. This includes online sales. The maximum penalty for illegally selling them is $1650 per offence, 6-months in prison or both. There are additional offences for selling e-cigarette products to minors.

For more information, see the Media release on the NSW Government website.

New exemption makes it easier for farmers to fight fires

Transport for NSW and the NSW Rural Fire Service have launched a trial vehicle registration exemption for Farm Fire Fighting Vehicles (FFFV).

During the trial, which will run until 31 March 2024, FFFV's can be driven unregistered on public roads to attend nearby fires. They must remain within a 100km radius of the storage address, be maintained in a safe operating condition, and have fire-fighting equipment permanently attached to be eligible for the exemption. 

For more information, see the Media release on the NSW Government website.