Archive

Respect@Work - Australian Human Rights Commission's new powers to prevent sexual harassment in the workplace

The Australian Human Rights Commission can now investigate and enforce compliance of organisations and businesses to eliminate sexual harassment in the workplace.

For more information, see the:

•  Media Release on the Attorney-General's Department website
•  Media Release on the Australian Human Rights Commission website.  

Digital Working with Children Check renewals

The online WWCC renewal is the first major product being rolled out under the NSW Digital ID program and is a significant step in the NSW Government’s journey towards a convenient and secure digital identity for residents.

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

$9.1 million funding boost  for flood recovery

The NSW Government has announced a boost of $9.1 million in grant funding to be shared  between 60 service providers and non-government organisations to help support communities affected by the floods in August and September 2022.

For more information, see the Media Release on the Communities and Justice website. 

1.3 million NSW drivers eligible to have a demerit point removed

The NSW Government has announced that 1.3 million NSW drivers remain eligible to have a demerit point removed from their licence within five weeks if they remain infringement free. 

The one year demerit point scheme trial to encourage safe driving ends on 17 January 2024.

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

NCAT Christmas and New Year holiday arrangements

NCAT hearings will end on 22 December 2023 and resume listings/hearings from 8 January 2024.

Urgent applications can be made to the Guardianship Division over the Christmas/New Year period.

For more information, see the Media Release on the NCAT website.

Shared Equity Scheme now available to DV victim-survivors

From 1 December 2023, domestic and family violence victim-survivors will be eligible to the Shared Equity Scheme to help purchase a home.

Under the scheme, the NSW Government can contribute up to 40% of the purchase price for a new home, or up to 30% for an existing home.

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

Modern Slavery Expert Advisory Group 

The Federal Government has set up the Modern Slavery Expert Advisory Group to advise on the operation of the Modern Slavery Act 2018 and the practical implementation of measures to strengthen the Act, which the Government is considering following the Modern Slavery Act Review.

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

 National ban on Nazi salute and hate symbols

Attorney-General Mark Dreyfus has announced a plan to make it a criminal offence for people to perform the Nazi salute under federal law following the introduction of the Counter-Terrorism Legislation Amendment (Prohibited Hate Symbols and Other Measures) Bill which has passed with unanimous support.

It comes after prominent Australians, former politicians and senior business officials have signed a letter denouncing anti-Semitism and racism.

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

Weekly Toll Cap Scheme to help with the cost of living

From 1 January 2024, NSW motorists will benefit from the $60 weekly toll cap. 

To be eligible, you must:

• be a NSW resident
• hold a personal toll account with a NSW toll service provider, taking private trips, and
• spend more than $60 a week from your individual tag or licence plate on tolls on eligible trips.

The NSW Government estimates that drivers who spend an average of $200 per week on toll roads can expect to receive $7280 in rebates per year. 

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

 

Federal Government funding to combat modern-day slavery

The Federal Government has announced its commitment to eliminate modern-day slavery with $12.1 million in funding over five years for the new Forced Marriage Specialist Support Program and $2.2 million in further funding to extend the Speak Now project.

The Government will also establish Australia's first federal Anti-Slavery Commissioner.

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

Landmark reforms to keep families together and safe

Under the new laws, the Department of Communities and Justice (DCJ) is required to actively engage with families to improve safety, reduce entries into care, and increase children being safely restored to their families or kin. 

The Family is Culture report was released in November 2019, and made 126 recommendations for structural change to the child protection system.

Aboriginal children in NSW are 12 times more likely to be in out-of-home care than non-Indigenous kids.

The new laws require DCJ to present evidence to the Children’s Court to demonstrate that ‘active efforts’ were taken when managing families and children in need.

For more information, see the Media Release on the Communities and Justice website.

National apology to thalidomide survivors and their families

The survivors and families of Australia’s thalidomide tragedy have received a formal apology from Prime Minister, Anthony Albanese on behalf of the federal government.

The Government announced that the Australian Thalidomide Survivors Support Program will be re-opened to ensure that anyone who may have missed the previous opportunity to apply for support.

The Program is a lifetime support package which includes a one-off lump sum payment in recognition of pain and suffering, as well as ongoing annual payments.

For more information, see the Media Release on the Prime Minister of Australia website.

Building Commission NSW

The Building Commission NSW has been launched as a newly established agency aimed at cracking down on poor practices in the building sector. 

Building and construction related work areas of NSW Fair Trading are being transitioned to the newly established Building Commission NSW. Several amendments have been made to building legislation as part of ongoing reforms to transform the regulation of the construction industry and restore trust and confidence in residential buildings.

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

Strategies to enhance consumer protection

 The Commonwealth, State and Territory Consumer Affairs Ministers met last week to discuss ways to improve and strengthen consumer protections.

Minister Chanthivong stated “The agreed priorities for 2024 build on the important enhancements to consumer protections that have been delivered in 2023, such as strengthening Unfair Contract Term Protections, increasing penalties for breaches of the competition and consumer laws, and establishing the National Anti-Scam Centre.”

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

Indefinite immigration detention unlawful

The recent High Court decision of NZYQ reverses a 20 year precedent and paves the way for the release of up to 92 people in immigration detention.

The case involved a stateless Rohingya man, known by the pseudonym NZYQ. who faced the prospect of lifelong detention because no country would resettle him due to a criminal conviction for child sexual offences.

The judgment overturns a 2004 case known as Al-Kateb v Godwin, which has faced several legal challenges over the years.

For more information, see the Media Release on the Australian Human Rights Commission website.

Changes to the law on unfair contract terms

Changes to the law on unfair contract terms came into effect on 9 November 2023.

Using or relying on unfair contract terms in standard form contracts will be banned and penalties for breaches of the law will apply. 

Other key changes relate to deciding whether a contract is a standard form contract and the definition of a small business contract.

The changes apply to:

• standard form contracts made or renewed on or after 9 November 2023

• a term of a contract that is varied or added on or after 9 November 2023.

For more information, see the Media Release on the ACCC website. 

Industrial reforms to scrap wages cap

The NSW Government has introduced industrial reforms to remove the wages cap affecting nurses, paramedics, police, child protection workers, firefighters, cleaners and other essential workers in NSW.

The reforms will introduce a 'mutual gains' model of negotiation and seek to repeal Section 146C of the Industrial Relations Act 1996, which allows the government to regulate a wages cap for public sector employment.

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

Federal Circuit and Family Court of Australia - Applications for review filed after 24 November 2023

The Federal Circuit and Family Court of Australia has issued an update that any Application for Review filed after 4.30pm on 24 November 2023 is unlikely to be listed prior to the commencement of the Court shutdown period, being close of business, Friday 22 December 2023. 

For more information, see the Media Release on the FCFCOA website.

Tougher penalties for domestic and family violence offenders

Last week, the NSW Government introduced amendments to the Crimes (High Risk Offenders) Act 2006 to include serious strangulation offences in the definitions of ‘serious violence offence’ and ‘serious sex offence’.

The amendments also allow an application to be made to the Supreme Court of NSW against release or an order for strict supervision if the offender poses an unacceptable risk of committing another serious offence.

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

New laws to streamline and strengthen hate speech laws

Last week, the NSW Government introduced a new bill in Parliament to improve the prosecution process for the offence of publicly threatening or inciting violence against a person or group based on their race, religion, or other attributes.

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

Updated and PDF fillable NCAT forms

NCAT has now updated all the forms in the Consumer and Commercial Division with a new PDF fillable version.

For more information, see the Media Release on the NCAT website.

The Legal Resource Team in SWAT is in the process of updating the relevant topics in LawPrompt and My problem is about section of the Legal Aid website.

Federal Circuit and Family Court of Australia Registry closure for Christmas/New Year 

The Newcastle, Parramatta, Canberra, Dandenong and Hobart registries will be closed from Monday 25 December 2023 and will re-open on Friday 5 January 2024.

The Albury, Dubbo, Lismore, Launceston, Darwin, Townsville, Rockhampton, Cairns, Sydney (William Street) and Wollongong registries will be closed from Monday 25 December 2023 and will re-open on Monday 8 January 2024.

For more information, see the Media Release on the FCFCOA website.

Notice of Intended Marriage to be witnessed remotely

Changes to the Marriage Act 1961 have been introduced in Parliament to allow for a Notice of Intended Marriage to be witnessed via videoconferencing, rather than in person. Temporary measures allowing the online witnessing were introduced in 2021 as a response to the COVID-19 pandemic.

Remote witnessing will provide greater access and convenience for marrying couples, especially those in rural, remote or regional parts of Australia. Celebrants will still need to meet the couple in person before the ceremony takes place.

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

Federal Government response to Robodebt Royal Commission

The Government has agreed, or agreed in principle, to all 56 of the Royal Commission’s recommendations.

The Royal Commission found that “Robodebt was a crude and cruel mechanism, neither fair nor legal, and it made many people feel like criminals. In essence, people were traumatised on the off-chance they might owe money. It was a costly failure of public administration, in both human and economic terms”.

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

Mental health support service for men receives funding boost

The Minister for Health and the Minister for Mental Health have announced a funding of $50,000 to The Man Walk Australia.  The Man Walk Australia is a mental health service for men to reduce suicide and support the mental health wellbeing of men.

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

Religious vilification laws are now in effect

The Anti-Discrimination Amendment (Religious Vilification) Act 2023 amends the Anti-Discrimination Act 1977 to make it unlawful to, by a public act, incite hatred towards, serious contempt for, or severe ridicule of, a person or group of persons, because of their religious belief, affiliation or activity. A ‘public act’ includes any form of public communication or conduct, verbal and non-verbal.

The amendments in the Act are based on existing provisions that make vilification unlawful on the grounds of race, homosexuality, transgender status and HIV/AIDS status. The new law will also protect people who do not hold a religious belief or affiliation, or who do not engage in religious activity.

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

Digital Commonwealth statutory declarations

Commonwealth statutory declarations have now entered into the digital age with legislation passed in on 9 November 2023 to make permanent the use of digital execution, electronic signatures and video-link witnessing.

The Bill will enable people to have the option to digitally execute a Commonwealth statutory declaration using the online platform myGov and the Australian Government’s Digital ID (myGovID) from 1 January 2024.

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

Social housing one stop maintenance hub

The NSW Government has announced an overhaul of social housing maintenance across 95,000 of the social housing properties. It will establish a new maintenance hub within Homes NSW. NSW social housing tenants will be able to see the status of their maintenance requests with the new Maintenance App.

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

Victims Services homepage has a new look

Victims Services have redesigned their homepage to improve their website and content pages.

For more information, see the Victims Services website.

Foreign licence holders converting to a NSW licence

Over the past four months, there have been almost 20,000 drivers who have converted their overseas licence to a NSW licence.

Under the current regulations, overseas drivers can lose their driving privileges permanently if they accrue 13 demerit points or are convicted of certain speeding, drug and alcohol or serious driving offences.

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

New NCAT Online Service

The NSW Civil and Administrative Tribunal (NCAT) will launch its new Online Service for the Consumer and Commercial Division on 20 November 2023.

The new NCAT Online Service will:

• expand the types of online forms
• enable parties to lodge requests and supporting documentation
• allow forms to be saved as drafts, and
• introduce bulk payments.

For more information, see the Media Release on the NCAT website.

Local Court special sitting arrangements for Christmas/New Year period

Normal rostered sittings of the Local Court, Children’s Court and Coronial Jurisdiction will be suspended on and from Monday 25 December 2023 and will recommence on Monday 8 January 2024.

For more information, see the Media Release on the Law Society of NSW website.

Disaster assistance extended to the Clarence Valley

Disaster assistance is available to people impacted by bushfires in the Inverell, Kempsey, Kyogle, Mid-Coast, Mid-Western, Port Macquarie-Hastings and Tenterfield Local Government Areas (LGAs).

It has now been extended to the Clarence Valley Local Government LGA following severe bushfires on 13 October 2023.

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

$50 million funding for Central West flood recovery

The NSW Government has announced a funding of $50 million for Central West communities impacted by the 2022 floods.

The funding will be used towards measures including:

• Priority Disaster Adaptation Plans for the Central West so communities are better prepared
• repair and replacement of critical community assets and improving the resilience of public infrastructure, including bridges and roads
• assistance with housing programs, with work to be further developed with councils and community leaders.

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

NSW becomes the first state to appoint a Women’s Safety Commissioner

The Women’s Safety Commissioner of NSW, Dr Hannah Tonkin will now lead a whole of government approach to address domestic, family and sexual violence. The commissioner will also be central to the implementation of NSW’s new coercive control laws, which will come into effect in mid-2024.

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

Kokoda Day for veteran and defence communities

Local veterans, support organisations and representatives from both the State and Federal government attended the annual Kokoda Day on the Central Coast this year.

Kokoda Day is an annual day of acknowledgement in honour of those who served in the Kokoda campaign in the Second World War.

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

Changes to the ACT’s drug laws are now in effect

From 28 October 2023, maximum penalties for possessing small amounts of illegal drugs for personal use have been reduced in the ACT. A person will be given the choice of attending a health education and information session or paying a $100 fine.

For more information, see the Media Release on the ACT Government website.

Law Enforcement Conduct Commission issues the Operation Tepito Final Report

The Law Enforcement Conduct Commission has issued a final report about the NSW Police Force’s use of the Suspect Targeting Management Plan (STMP) on children and young people.

The Commission’s report identified "gross over-representation of young Aboriginal people selected for STMP targeting" and "over-use of overt and intrusive policing tactics resulting in unreasonable surveillance and monitoring of young people" as well as other concerns.

The NSW Police Force has agreed to discontinue the use of STMP on young people.

For more information, see the Media Release on the Law Enforcement Conduct Commission website.

Wonai Nganka Kanan List in the Newcastle region to assist Aboriginal and Torres Strait Islander families in family law proceedings

From 30 October 2023, the Specialist Indigenous List called “Wonai Nganka Kanan” meaning “children/child first” in the local Awabakal language will be operating from the Newcastle registry.

The Wonai Nganka Kanan List will have a modified case management process to improve access to the Courts for Aboriginal and Torres Strait Islander litigants as well as provide access to specialised support services.

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

 

 

New streamlined approach to resolve family law property disputes

Following the success of the national Priority Property Pool (PPP) pilot program, the Federal Circuit and Family Court of Australia has now officially implemented the initiative to simplify the court process and reduce legal costs.

From 30 October 2023, a matter will be eligible to be designated a Priority Property Pool Case (PPP Case) where the Initiating Application seeks only financial relief (alteration of property interests and/or spousal maintenance only) and involves either:

• an asset pool with a total net value of up to $550,000 (excluding superannuation), or
• a net asset pool which has a value greater than $550,000 (excluding superannuation) but the Court, in its discretion, designates the matter as a PPP Case having regard to relevant features including family violence, limited complexity and/or risk of disproportionate costs or delay.

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

Reforms to address financial elder abuse and achieve consistency in laws for Enduring Powers of Attorney

The Commonwealth Attorney-General’s Department released a Consultation Paper seeking feedback on potential reform proposals for achieving greater consistency in Enduring Powers of Attorney laws. Submissions close on Wednesday, 29 November 2023.

For more information, see the Public Consultation Paper and the Media Release on the Attorney-General's website.

Recovery centre in Kemsey to support bushfire affected residents

A multi-agency recovery centre is open at Kempsey from 26-31 October 2023, to support communities in and around the Kempsey region recover from the recent bushfires.

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

New defamation laws to address the digital world

The NSW Government has introduced changes under the Defamation Amendment Bill 2023  to address liability of digital intermediaries in defamation for the publication of third-party content online.

For more information, see the Media Release on the Communities and Justice website.

NSW Police Force urged to publish a Closing the Gap delivery plan

On 23 October 2023, the Law Enforcement Conduct Commission published a report on the NSW Police’s Aboriginal Strategic Direction 2018-2023 setting out an action plan with 12 recommendations to address Closing the Gap targets and work more closely with Indigenous communities.  One of the recommendations was to “amend its Closing the Gap Implementation Plan to list the NSW Police Force as a responsible agency”.

For more information, see the Media Release on the Law Enforcement Conduct Commission website.

Disaster assistance

Disaster assistance is now available for the Inverell, Kyogle, Tenterfield and Mid-Western local government areas.

Assistance may include:

• help for eligible people whose homes or belongings have been damaged
• support for affected local councils to help with the costs of cleaning up and restoring damaged essential public assets
• concessional interest rate loans for small businesses, primary producers and non-profit organisations
• freight subsidies for primary producers.

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

Aboriginal Languages Week

The Aboriginal Languages Week will run between 22 - 29 October 2023 to celebrate and promote Aboriginal language revitalisation work in communities across the state.

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

Industrial manslaughter offence in NSW

The NSW Government is aiming to introduce an industrial manslaughter legislation to ensure heavy penalties for serious work health and safety breaches.

SafeWork will begin an extensive consultation process with work and health safety experts, business groups, unions and families of people who have been killed at work.

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

Reforms to improve our justice system

The NSW Government has introduced the Justice Legislation Amendment (Miscellaneous) Bill 2023 last week to amend the Fines Act 1996, Bail Act 2013, Law Enforcement (Powers and Responsibilities) Act 2002 and Terrorism (Police Powers) Act 2002.

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

Try a Trade Program for young people in custody

Young people in custody are being given the opportunity to learn new skills to help them transition back into the community by completing the Try a Trade program, jointly run by Youth Justice NSW and Training Services NSW.

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

National Carers Week

More than 850,000 unpaid carers across NSW are being recognised this week as the NSW Government, service providers and the community celebrate National Carers Week.

As part of the 2023-24 Budget, the NSW Government is investing $5.1 million in targeted programs and supports for carers, including funding for programs under the NSW Carers Strategy 2020-2030 and funding for initiatives operated by Carers NSW, such as the Young Carers Program.

For more information, see the Media Release on the Communities and Justice website.

GambleAware Week

The NSW Government has invested $100 million to reduce gambling harm across NSW. There are 45 events being held across NSW this week to promote awareness of the risks of gambling and to help people get the help and support they need within their community.

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

Changes to the NSW workers’ compensation system

icare is now legally required to be transparent, promote early treatment and care for injury and illness and to maintain the affordability of premiums.

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

Better protections for dust diseases

The NSW government has introduced new laws to:

• increase every court penalty imposed in NSW relating to unsafe workplaces
• increase maximum fines from $798,383 to $2,168,029 and the maximum imprisonment time from 5 years to 10 years, for the worst offences under Work Health and Safety (WHS) Laws, known as Category 1 offences
• empower SafeWork to issue a ‘prohibited asbestos notice,’ to direct people and employers to take safety measures to remove and manage asbestos in the workplace. These amendments will enable the work health and safety regulator to ensure that prohibited asbestos, also referred to as illegally installed asbestos, is removed permanently from workplaces
• stop employers gaming WHS laws by banning the use of insurance to pay for WHS fines as a ‘cost of doing business’
• establish a silica worker register to track and trace exposed workers to enable early intervention and better healthcare research.

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

Password Strength Tester

The NSW Government has launched a new online tool to help people choose stronger passwords to better protect their personal information online, including email, banking and social media accounts.

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

Child Sexual Evidence Program 

NSW Parliament passed a Bill expanding the Child Sexual Offence Evidence Program to all District Court locations in NSW, providing support to child complainants and child prosecution witnesses in sexual offence proceedings.

The Program allows children who are complainants or prosecution witnesses in sexual offence matters to have their evidence pre-recorded, with the recording later played in court. It aims to reduce the stress and trauma experienced by these children and enables them to complete their evidence at an early stage of the trial.

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

New protections for car buyers

The Motor Dealers and Repairers Act 2013 will be amended to introduce new protections for car buyers in NSW.

The new reforms will:

• introduce online end-to-end sale of motor vehicles in NSW
• introduce specific consumer protection requirements for online motor dealers, including capping deposits from potential buyers and requiring dealers to display their licence number on all advertising material to enable buyers’ to research the vehicle
• provide new protections for consumers when purchasing vehicles at auction by providing access to a vehicle’s inspection report before a purchase.
• enhance powers to crack down on odometer tampering by banning possession of odometer tampering devices to minimise fraud in the sale of second-hand vehicles.
• reduce the potential for sale of stolen parts by supporting the introduction of cashless transactions for motor vehicle recyclers by banning licensed recyclers from accepting cash or in-kind payment.

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

NSW Police to issue on the spot fines with health intervention for small quantity drug possession

NSW Police will be given the ability to issue up to two on the spot Criminal Infringement Notices (CINs), which are $400 fines, to adults for personal drug use and small quantity drug possession offences.

The scheme will encourage people to complete a drug and alcohol intervention and, if they do complete it, then their fine will be treated as though it was paid. If the health intervention is not completed, the penalty will be enforced by Revenue NSW. NSW Police will have the discretion to charge a person and proceed to court.

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

Revenue NSW enforcing unpaid hotel quarantine fees

Revenue NSW has issued over 5,000 garnishee orders to recover outstanding hotel quarantine debts.

It has been reported by various media outlets that there are concerns some debtors did not receive an invoice or an opportunity to pay the fee before their account was garnished. 

Reforms to strata laws in NSW

The NSW Government is working towards implementing changes to strata laws to help improve transparency and boost protections for owners by:

• making strata collective sales and renewal processes more transparent
• making it easier for residents to keep pets by banning fees, bonds or insurances as a condition of having a pet
• ensuring goods and services are obtained at competitive prices
• allowing Fair Trading to ask the NSW Civil and Administrative Tribunal (NCAT) to appoint a compulsory strata managing agent where the scheme is not carrying out their core duties.

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

Disaster assistance in the Bega Valley Shire Local Government Area

Disaster assistance will be made available in the Bega Valley Shire Local Government Area following the severe bushfires on 3 October 2023. 

Assistance available under the DRFA may include:

• Help for eligible people whose homes or belongings have been damaged
• Support for affected local councils to help with the costs of cleaning up and restoring damaged essential public assets
• Concessional interest rate loans for small businesses, primary producers, and non-profit organisations
• Freight subsidies for primary producers.

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

Funding to forensic mental health services 

The NSW Government has invested $700 million in mental health services to meet the needs of people living with a mental illness. In addition to new beds, it includes a new mental health intensive care unit located at the forensic hospital at Malabar, additional forensic beds at Concord hospital, relocation of the Cumberland Bunya Medium Secure Forensic Unit to Blacktown Hospital, relocation of the Morisset Kestrel Medium Secure Forensic Unit to the New Maitland Hospital.

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

Support for children impacted by homicide

The NSW Government has invested $5 million over a four year period to Grace's Place, a residential trauma recovery centre, for children and young people impacted by violent crime. Grace's Place offers specific programs, therapy strategies and counselling to children and young people aged between three to 18 years of age. 

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

The Royal Commission into Violence, Abuse, Neglect and Exploitation of People with Disability hands down its final report

The final report makes 22 recommendations in its final report. The NSW Government is expected to provide a formal response within the next six months. A forum to discuss the findings and recommendations will take place on 23 October 2023.

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

Women's refuge in Lake Macquarie

A new women's refuge in Lake Macquarie is being built under the NSW Government's Core and Cluster Program. The refuge will provide safe crisis accommodation for women escaping domestic and family violence while also allowing victims to access the vital support they need. 

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

NCAT Online Services for the Consumer and Commercial Division

The Consumer and Commercial Division will soon be launching a new Online Service. It will replace the existing NCAT Online and will improve the customer experience.

 NCAT Online Services will expand the type of online forms available, also enabling parties to lodge requests and supporting documentation.  

 For more information and an overview of how to register for an online account, see NCAT Online Services Help on the NCAT website.

Amended Practice Note District Court Civil No 1 – Case Management in the General List

The changes to 'Practice Note District Court Civil No 1 – Case Management in the General List'  have commenced on 18 September 2023.  The changes reflect  the current case management practices for Notices of Motion filed in the Online Court.

The amendments introduce the time for filing and service of written submissions by 11:00am the day prior to hearing of the Motion. The Practice Note is available here

Law Courts Building in Queens Square closed due to flooding this week

The Law Courts Building in Queens Square has suffered a major flooding event due to a broken pipe affecting all floors in the building. Access to the premises will therefore be limited until further notice and matters listed in the building are being reallocated urgently. The court will remain closed to the public until Friday 29 September 2023.  

All Supreme Court hearings for next week have been updated and matters will be heard in alternative venues in Hospital Road, King Street, Darlinghurst and the Land and Environment Court. Court users should check the Supreme Court’s website and the Online Registry for updates on sittings and venues. See the announcement here. 

 Fee-free birth certificate partnership expanded

A thousand more free birth certificates will be available for people facing disadvantage, under a renewed agreement between the NSW Registry of Births, Deaths and Marriages and Legal Aid NSW. 

The birth certificate project was first launched last year, with more than 700 birth certificates delivered up to June 2023.

The free birth certificates are available for eligible people through the Legal Aid NSW Civil Law Service for Aboriginal Communities, Legal Aid NSW Aboriginal Field Officers and at CLSD program events in regional areas. For more information see the announcement here.

NCAT’s Aboriginal Tenancy List commences 6 September 2023.

The NSW Civil and Administrative Tribunal (NCAT) is introducing an Aboriginal Tenancy List in the Consumer and Commercial Division. Tenants and landlords who identify as Aboriginal or Torres Strait Islander can have their matter heard.

The Aboriginal Tenancy List will be be structured to provide extra time for Tribunal Members to deal with matters.

Parties will have an opportunity to connect with support services, including specialist advocates and financial counsellors.  Parties will also have access to skilled Tribunal Conciliators to help them reach an agreement.

For more information, see the Aboriginal Tenancy List announcement on NCAT’s website.  

Website launched to raise community awareness of coercive control in domestic violence

The NSW government has launched a new website to help raise awareness about coercive control in current or former intimate partner relationships.

The new website follows the passing of the Crimes Legislation Amendment (Coercive Control) Act 2022 that criminalises coercive control in current and former intimate partner relationships. The new laws will come into effect in 2024.  If found guilty, perpetrators can face up to a maximum of seven years in prison.

The new website provides accurate descriptions and examples of coercive control and includes information about what the legislative reforms mean, who they apply to, and how to seek help.

For more information see the media release here. 

Uncontested Probate Applications move online from 1 August 2023

On 1 August 2023 Amendment No 434 to the Supreme Court Rules 1970 comes into effect. The amendment requires that, with limited exceptions, applications for an uncontested grant of probate or administration or for the resealing of a foreign grant are made and filed in the Supreme Court electronically. 

The service will be made available via the Probate tab on the Supreme Court of NSW website, and on the NSW Online Registry website. New users will be required to register for an account. 

To assist with the transition to electronic filing, the registry will continue to accept paper-based applications up to and including 1 September 2023. For more information see the announcement on the Supreme Court website.

NCAT to commence an Indigenous Tenancy List 

NCAT has announced that they will commence an Indigenous Tenancy List on 6 September 2023, for Aboriginal tenants in residential tenancy and social housing matters. 

The aim is to have a culturally safe setting for Aboriginal participants appearing before NCAT. The list will be structured to increase access to support services for clients (including advocates and financial counsellors) and more time for each matter, on the day of the hearing (first mention). There will be a dedicated Member for the list.

The Aboriginal Tenancy List will run on a fortnightly basis from the NCAT Sydney registry. In person attendance is preferred however parties may request to attend virtually if this is not possible.

Tenants will need to contact NCAT to ask to be put in the List, after the initiating party has lodged their application. This request can be made by sending an email to NCAT.

For general information about accessing the tribunal, see Aboriginal and Torres Strait Islander support on the NCAT website.

Paid family and domestic violence leave entitlements commence for employees of small businesses

From 1 August 2023, the changes to paid leave for family and domestic violence under Fair Work Amendment (Paid Family and Domestic Violence Leave) Act 2022 will come into effect for small business employers (employers with less than 15 employees).

Employees of small businesses can now access 10 days of paid family and domestic violence leave in a 12-month period. All employees in the Fair Work system (including part-time and casual employees) able to access this entitlement. 

The new entitlement replaces the existing entitlement to 5 days of unpaid family and domestic violence leave under the National Employment Standards (NES).

For information about how this leave works, see New paid family and domestic violence leave in the Fair Work Ombudsman’s website. 

Introducing eFiling for subpoenas for production only in family law

From Monday 31 July 2023, Federal Circuit and Family Court of Australia (Division 1) and the Federal Circuit and Family Court of Australia (Division 2) have introduced eFiling,  for subpoenas seeking the production of documents where there is an ongoing family law final orders application.

The new ‘Request to Issue a Subpoena’ eFiling option will be available on family law final orders applications in the Commonwealth Courts Portal. 

New subpoena forms have been released, with separate forms for family law and general federal law/migration. The Notice of objection – Subpoena has been updated and removed from the end of the subpoena forms. A grace period for the use of the old forms will extend until close of filing on Friday 29 September 2023.

For more information see the announcement on the Federal Circuit and Family Court of Australia website. 

New Rental Commissioner to give renters a voice

The NSW government has announced the appointment of the state’s first ever NSW Rental Commissioner, Trina Jones. The commissioner will be a voice for renters and work with the government and stakeholders.

The work of the Rental Commissioner will be crucial in securing key reforms to the rental housing system in NSW. This includes through the immediate commencement of formal consultation on urgently needed reforms, including:

• making it easier for renters to have pets in their homes
• ending ‘no-grounds’ evictions
• implementing a portable bonds scheme that allows renters to transfer bonds from one property to another
• improving the protection of renters’ information and privacy.

For more information see the media release on the NSW Government website.

AFCA publishes new Approach to motor vehicle total loss complaints

AFCA has published its new Approach to motor vehicle total loss complaints. The new Approach documents outlines how AFCA investigates and resolves disputes about whether a vehicle should be treated as a total loss (or written-off). This includes how AFCA will determine if the insurer’s decision is fair, the factors AFCA will consider, what information AFCA needs and case studies. The Approach document can be found on the AFCA website here.

New approach to temporary crisis accommodation 

Women and children escaping domestic and family violence, disaster victim-survivors, rough sleepers and couch surfers are just some of the vulnerable people across the state who will now be able to access temporary accommodation for a longer period.  The Department of Communities and Justice (DCJ) have revised eligibility requirements for people requesting temporary accommodation raising the asset cap to $5000 instead of $1000 and removing this requirement altogether for those fleeing domestic or family violence.

Under the changes, people who contact Link2home can initially access 7 days of temporary accommodation. For more information, see the media release on the NSW Government’s website.

Final Report of the Royal Commission Into the Robodebt Scheme

On 7 July 2023 Commissioner Catherine Holmes AC SC has delivered the Final Report of the Robodebt Royal Commission. 

The Royal Commission has found that “Robodebt was a crude and cruel mechanism, neither fair nor legal, and it made many people feel like criminals. In essence, people were traumatised on the off-chance they might owe money. It was a costly failure of public administration, in both human and economic terms” (page xxix, Overview of Robodebt). The Government will now consider the recommendations presented in the final report and provide a full response in due course. See the Prime Minister’s media release here.

For access to the report see Publications, in the Royal Commission into the Robodebt Scheme website.

Service NSW ready to help overseas drivers get a NSW licence

Following new regulation changes, temporary visa holders who arrive on or after 1 July 2023 and who intend to live in NSW for more than six months, are required to apply for a NSW driver licence. 

The process for converting to a NSW licence will differ depending on the age of the applicant and the country where their licence was issued. For more information, see the Media Release on the Service NSW website. 

Revenue NSW is delivering simpler and easier to understand language

From the 6 July 2023 Revenue NSW has updated the language on their website, notices, forms & factsheets. The most common changes to terminology are listed bellow:

• Fine, Fine Notice (previously Penalty, Penalty Notice, Infringement, Ticket, Traffic Infringement Notice, Penalty Infringement Notice)
• Fine Reminder, Fine Reminder Notice  (previously PRN, Penalty Reminder Notice, Reminder Notice)
• Apply to have your fine heard in court (previously Annulment, Court Elect, Court Election)
• Nomination (Stat Dec or statutory declaration, Driver nomination, Someone else was driving, Nominate another driver/person, Transfer liability)
• Request for Review (R4R) (previously Annulment, Dispute your penalty notice)
  
• Overdue Fine, Overdue Fine Notice (previously Enforcement Order, Penalty Notice, Enforcement Order)
• Payment Plan (previously Pay by Instalments, Time to Pay, Instalment plan, Voluntary Enforcement, Early Enforcement)
  

For up to date information and resources, see Advocates on the Revenue NSW website.

Energy Bill Relief and an increase to Crisis Support

The NSW Government is announcing it is increasing the crisis support payment for vulnerable people struggling to pay their bills, due to short-term financial hardship, crisis or emergency, such as loss of income, unexpected costs or natural disasters. From 31 July 2023, eligible people can receive the payments for both electricity and gas, twice per financial year, meaning they could receive up to $2,000 over the financial year. For information about household eligibility criteria and rebate amounts, see the full Media Release on the NSW Government website.  

NAIDOC Week Elder celebrations

NAIDOC Week celebrations will be held across Australia from 2 to 9 July and the theme will be ‘For Our Elders’. The NSW Government is supporting this year’s NAIDOC Week celebrations by providing $310,000 for celebratory events across NSW. The funding provided under the Aboriginal Affairs NSW NAIDOC Grants Program attracted 206 submissions across the state, up by 77 from last year. See the Media Release here.   

For a list of NAIDOC Week events see Events and Festivals in NSW on the NSW Government’s website.

National Hardship Register closure

On 30 June 2023 National Hardship Register (NHR) ceased accepting applications, after 10 years of operation.  The NHR is an initiative between the Australian Collectors and Debt Buyers Association Limited (ACDBA) and the community sector whose aiming to protect consumer experiencing long-term and severe financial hardship from unnecessary debt collection activity.  For more information see About the NHR, on the NHR website.  

Uncontested Probate Applications move online

From 1 August 2023 most applications for an uncontested grant of representation must be applied for and filed online.  The service will be made available via the Probate tab on the Supreme Court website and on the NSW Online Registry website. New users will be required to register for an account. Access to the service will be made available in early July 2023 to enable applicants to explore the guided pathway and become familiar with any changes. For more information see the announcement on the Supreme Court website. 

Closing the gap in the legal sector

A ground-breaking new program, run by Macquarie University, TAFE NSW and Legal Aid NSW, will increase the skilled and credentialled Aboriginal workforce in the legal sector.

The Aboriginal Legal Career Pathways program will enable 200 Aboriginal people to gain nationally accredited qualifications in legal services and provide a clear pathway to a law degree.  For more information see the media release here.

Crucial rental reforms pass the Parliament

On 3 July 2023 reforms to ease the pressure on renters have passed the NSW Parliament. The Residential Tenancies Amendment (Rental Fairness) Act 2023 closes existing loopholes and extends the ban on soliciting rental bids so it applies to third-party platforms and owners, not just real estate agents. The bill sets up the powers needed to set up and implement a portable bonds scheme, that will deliver critical financial relief to renters by making sure they don’t have to pay twice. For more information see the Media Release on the NSW Government's website

New website for Legal Aid NSW

On 9 June 2023 we launched a new Legal Aid NSW and LawAccess NSW co-branded website. It is a new, consolidated website replacing the previous separate websites. 

The website is aimed at improving access to legal help for the public and our clients, and information for private lawyers, and our other community, justice and government partners.

The consolidation of websites into a single platform eliminates potential duplication of content and provides a more intuitive and user-friendly experience. The website has been designed with accessibility in mind, complying with WCAG Level AA guidelines to make it accessible to everyone.

The website has improved functionality and design, with a powerful search engine that enables users to easily find the information they need. The content is structured, organised, and labelled in a way that supports the findability and usability of content, and the intuitive and user-friendly navigation menu simplifies browsing. Further, our new website has been thoughtfully designed with a mobile-first approach, ensuring seamless accessibility while on the move.

The new website includes:

• My problem is about - information to help people deal with a legal problem themselves
• Ways to get help - information about different types of legal support available
• For lawyers - a dedicated section for lawyers that provides information about policies and guidelines, submitting applications for legal aid, courses and conferences, and general legal resources.

LawPrompt will be found in the ‘For Lawyers’ section and will eventually no longer require a password. 

The new website will keep the URL www.legalaid.nsw.gov.au.

For more information, see Legal Aid NSW.

Referendum (Machinery Provisions) Amendment Act 2023 

From 27 March 2023 postal voting and procedures in referendums will align with equivalent procedures in federal elections. 

This includes:

• enabling the early opening and sorting of pre-poll ordinary votes, and the extraction of declaration votes during preliminary scrutiny. 
• align authorisation requirements with the Commonwealth Electoral Act 1918;
• establish a financial disclosure and foreign donation restrictions framework for referendum campaigning. 
• prohibit foreign donations of $100 or more for referendum campaigning, and prohibit foreign campaigners from fundraising or directly incurring referendum expenditure in a financial year equal to or more than $1,000;
• enable the Electoral Commissioner to make modifications to certain aspects of a referendum during a declared emergency; and 
• make technical amendments; and Commonwealth Electoral Act 1918 and Referendum (Machinery Provisions) Act 1984 to extend the application of the designated elector framework to referendums; and make consequential amendments.
  

It is important these changes occurred before the next referendum on the Voice to parliament. For a more in-depth reading of the changes see the Summary on the Parliament of Australia website. 

NSW Special Commission of Inquiry into LGBTIQ hate crimes granted extension

Following a request from Commissioner, the Honourable Justice John Sackar, a two-month extension of the Special Commission of Inquiry into LGBTIQ hate crimes has been granted.

The Inquiry was established by Letters Patent dated 19 April 2022, appointing Justice John Sackar as Commissioner. The Terms of Reference  require the Commissioner to inquire into and report to the Governor by 30 June 2023 on:

• Category A: the manner and cause of death in all cases that remain unsolved from the 88 deaths or suspected deaths of men potentially motivated by gay hate bias that were considered by the New South Wales Police Force as part of its Strike Force “Parrabell”;
• Category B: the manner and cause of death in all unsolved suspected hate crime deaths in New South Wales that occurred between 1970 and 2010 where:
  • the victim was a member of the lesbian, gay, bisexual, transgender, intersex and queer (LGBTIQ) community; and
  •  the death was the subject of a previous investigation by the NSW Police Force.

For more information see About the inquiry on the Special Commission of Inquiry website. 

Family Court Update - Lighthouse expansion - Update to the Profession April 2023

There are new court process focuses on the safety of children and their families by identifying and addressing issues of family violence and other risks. The expansion of Lighthouse supports the Courts’ priorities which includes the objective to shine a light on the scourge of family violence, improve the outcome of matters involving family violence and other risks, and to keep children and vulnerable parties safe.

For more information, see Lighthouse expansion – Update to the Profession April 2023 on the Federal Circuit and Family Court of Australia website.

NSW to transition away from PCR Testing 

NSW will transition to a pathology referral model for COVID-19 PCR testing, in line with changes already in place across all other Australian states and territories.

“PCR testing requested by a medical or nurse practitioner will continue to be available at private pathology services with a referral form.”

NSW continues to provide free access to RATs. This includes distribution of RATs through health settings, non-government organisations, local councils, and Service NSW centres.

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

State Funding to expand help to victim-survivors of domestic Violence

The Minns Labor Government will invest $7.5 million to extend and expand 2 pilot programs helping victim-survivors of domestic violence.

The NSW Government is investing $6.1 million to ensure a specialist DV support worker is available at every local courthouse that hears domestic violence matters. This includes 61 further courts across NSW. 

It is also committing $1.4 million towards a program that embeds specialist support workers within selected police stations.

For more information see the Media release on the NSW government website. 

Updates to the Motor Accident Injuries Act 2017

Following the statutory review of the Motor Accident Injuries Act 2017, much needed changes were introduced to the Motor Accident Injuries Amendment Act 2022. Most of the changes came into effect on 1 April 2023. Not all changes are retrospective. From 1 April 2023, there will be changes to the definition of minor injury, statutory benefits scheme and claims for damages.

For more information see the News article on the Law Society Journal website.

Positive duty on employers to prevent sexual harassment

Sexual harassment continues to occur at unacceptable rates in Australian workplaces. Employers and persons conducting a business or undertaking now have a positive duty under the Sex Discrimination Act 1984 (Cth) to eliminate sexual harassment and sex discrimination. The Australian Human Rights Commission has regulatory powers to investigate and enforce compliance with the positive duty. For further information, see the News article on the Law Society Journal website.

The Voice: Constitution Alteration Bill Introduced to Parliament

In 2023, Australians will have their say in a referendum to recognise Aboriginal and Torres Strait Islander peoples in the Constitution through an Aboriginal and Torres Strait Islander Voice.

The Voice will be an independent, representative advisory body for First Nations peoples. It will provide a permanent means to advise the Australian Parliament and Government on the views of Aboriginal and Torres Strait Islander peoples on matters that affect them.

On 30 March 2023 the Government introduced a Bill to recognise Aboriginal and Torres Strait Islander peoples in the Constitution through a Voice.  The Committee will accept public submissions on the Bill, and is due to report by 15 May 2023.

Australians will be asked whether to alter the Constitution to recognise the First Peoples of Australia by establishing an Aboriginal and Torres Strait Islander Voice.

If approved at the referendum, the alteration will recognise Aboriginal and Torres Strait Islander peoples in the Constitution through a Voice. 

The Bill proposes to add a new ‘Chapter IX – Recognition of Aboriginal and Torres Strait Islander Peoples’ at the end of the Constitution. 

For more information, see Voice to Parliament - Reconciliation Australia.

Paid parental leave changes

From 1 July 2023, the current entitlement to 18 weeks paid parental leave pay will be combined with the current Dad and Partner Pay entitlement to 2 weeks’ pay. This means partnered couples will be able to claim up to 20 weeks paid parental leave between them. Parents who are single at the time of their claim can access the full 20 weeks.

These changes affect employees whose baby is born or placed in their care on or after 1 July 2023.

Other changes include:

• allowing partnered employees to claim a maximum of 20 weeks’ pay between them, with each partner taking at least 2 weeks (except in some circumstances).
• introducing a $350,000 family income limit (indexed annually from 1 July 2024) for claiming paid parental leave pay.
• expanding the eligibility rules for fathers or partners to claim paid parental leave pay.
• making the whole payment flexible so that eligible employees can claim it in multiple blocks until the child turns two.
• removing the requirement to return to work to be eligible for the entitlement.

Services Australia is the government organisation that manages the paid parental leave scheme. For more information on the changes, see the Media release on the Services Australia website.

Closure of National Hardship Register Scheme 

Following an internal review prompted by a falling number of applications to the scheme, the Australian Collectors & Debt Buyers Association (ACDBA) have decided the National Hardship Register scheme (NHR) will cease on 30 June 2023. 

The National Hardship Register (NHR) is a joint initiative between the Australian Collectors and Debt Buyers Association Limited (ACDBA) and the community sector to address the serious issue of long-term and severe financial hardship experienced by a small but growing number of vulnerable consumers.

The purpose of the industry funded NHR is to protect those consumers who are experiencing long-term and severe financial hardship from unnecessary debt collection activity.

The NHR initiative addresses the long-standing problem of inefficient information flow which prevents early resolution of situations where vulnerable consumers need assistance, but debt collectors and financial service providers first need information to be able to understand and respond with such assistance. The solution centres on facilitating the flow of necessary information in a way that does not disadvantage the vulnerable consumer.

The NHR has acted as an efficient and cost-effective mechanism for financial counsellors and industry to avoid futile debt collection activity involving debts for this group of consumers.

The ACDBA state that applications will be accepted up until 30 June 2023 while participating creditors pursuant to their agreements will honour the 3 years listing of all applicants on the NHR as at that date.

Arrangements have been made by the ACDBA to shut down the NHR Online Portal from 30 June 2023.

For more information, see the National Hardship Register website.

Mobile phone ban in NSW Schools 

NSW public secondary school students will be banned from using mobile phones at school from Term 4 2023. 

The Government will start consultation from today with schools on options they can use to implement the ban.

Mobile phones are already banned in primary schools, and we are bringing our high schools in line with schools in South Australia, the Northern Territory, Victoria and Western Australia.

The ban on mobile phones will apply during class, recess and lunch times, as is the case in NSW public primary schools. Students will be allowed to carry their phones while travelling to and from school. 

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

TiK Tok Banned from government devices

The NSW Government has today moved to prevent the installation of the TikTok application and remove existing instances of it on government-issued devices, following advice from the Commonwealth Government.

As part of this, the NSW Premier will discontinue the use of TikTok and delete the account.

On 4 April 2023, the Commonwealth Attorney-General announced amendments to the Commonwealth Protective Security Policy Framework (PSPF) that allow the Secretary of the Attorney-General’s Department to issue mandatory directions to government entities that require them to address security risks to the Commonwealth.

As part of this change to the PSPF, a direction has been issued to prevent Federal Government entities from accessing and installing the TikTok application on government-issued devices.

Cyber Security NSW will work across the NSW public sector to lead a strategic implementation of the ban on government-issued devices in line with advice from the Commonwealth.

This ban will prevent NSW Government clusters and agencies from accessing and installing the TikTok application on government-issued devices.

For more information, see the Media release on the NSW government website

New Work Development Order Sponsor Finder Tool 

Revenue NSW has developed  a new Work Development Order Sponsor Tool, the tool will go live from 20 April 2023 on the Fines and Fees page of the Revenue NSW website.

The sponsor finder tool allows people to search for a WDO sponsor by postcode or suburb and further filter their search by the activity they wish to undertake, whether they need to visit in person or online and by eligibility criteria. They will be presented with a list of appropriate sponsors that match the search criteria entered. They can view the results in a list and/or on a map. The search results will be sorted by proximity to the search location entered. 

COVID-19: New Rules entering Australia from China 

From 11 March 2023 travellers entering Australia from the People's Republic of China or the Special Administrative Region of Hong Kong or Macau do not have to provide proof of a negative test for COVID-19. 

For more information see Biosecurity (Entry Requirements—Human Coronavirus with Pandemic Potential) Repeal Determination 2023 on the Commonwealth Legislation website.

Times up for Migration Agents 

On and from 22 March 2023 Supervised Practitioners (that is, practitioners whose practising certificate (PC) is subject to supervision requirements, known as ‘condition 2’) will no longer be eligible to be registered migration agents while continuing to hold their NSW PC. 

For more information see Ethics & Standards Quarterly: changes impacting lawyers who are registered migration agents  on the Law Society Journal website.

Changes to the Fair Work Commission’s functions

From the 5 March 2023 a number of changes to the functions of the Fair Work Commission come into operation. These changes are a result of the Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022. 

Prohibiting sexual harassment in connection with work

The Fair Work Act 2009 now includes a prohibition against sexual harassment in connection with work. The Commission can deal with sexual harassment disputes by:

• making a stop sexual harassment order 
• otherwise dealing with the dispute, or 
• both making a stop sexual harassment order and by otherwise dealing with the dispute.

Expert Panels for Pay Equity and the Care and Community Sector

An Expert Panel will be required when the Commission is considering changes to modern awards which relate to gender pay equity or the Care and Community Sector and when deciding whether to make an equal remuneration order.

Absorbing the functions of the function of the Registered Organisations Commission

The Registered Organisations Commissioner have now transferred to the General Manager of the Commission.

The obligations of registered organisations do not change.

For more information, see Changes to the Fair Work Commission’s functions on the Fair Work Commission website. 

Free Legal Advice for flood affected communities

Flood affected communities in NSW will be able to obtain free legal advice as a result of a $7 million Commonwealth funding investment to aid ongoing relief and recovery.

Seven CLCs will each receive $250,000 per year, over 4 years:

• Northern Rivers CLC
• Shoalcoast CLC
• Mid North Coast Legal Centre
• Illawarra Legal Centre
• Central Tablelands and Blue Mountains CLC
• Welfare Rights Centre
• Tenants’ Union of NSW

For more information see media release $7 million legal support for flood affected communities in NSW on the NSW Government website.

Support program for victims of child sex abuse

From 1 July 2023, a nation-leading program that reduces the trauma of court processes for children who are victims of sexual abuse will be expanded across the state, providing greater support to more young people.

Premier Dominic Perrottet and Attorney General Mark Speakman announced the NSW Liberal and Nationals Government will invest $64.3 million over four years to expand the Child Sexual Offences Evidence Program (CSOEP) to every District Court and Police District in NSW.

The expanded program will be rolled out across NSW from 1 July 2023 to every District Court. 

For more information, see the Media Release on the Communities and Justice website. 

Tough laws to fight against organised crime

The NSW Government has introduced new laws to  target money laundering, unexplained wealth and bring down organised crime networks.

The changes include:

• New powers to confiscate unlawfully acquired assets of major convicted drug traffickers.
• Enhanced powers to target and confiscate unexplained wealth.
• Expanded powers to stop and search for unexplained wealth and more effectively investigate organised crime.
• New money laundering offences for those dealing with and caught trying to disguise the proceeds of general crime.
• A new offence that prohibits the possession of a dedicated encrypted criminal communication device (DECCD) – and orders to target high risk individuals likely to use them.
• New powers to enable police to direct a person to provide access to a digital device, which is akin to gaining the keys to a safe.
• New laws for the security industry to target industry integrity and safeguard against misconduct and organised crime.
• New laws for the scrap metal industry to strengthen registration requirements and make it harder for illegitimate dealers who pay criminals cash in exchange for stolen parts and property to operate.
• New laws making it illegal for members of a criminal organisation to hold a tattoo licence.

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

Stamp duty concessions for domestic violence victim-survivors

The NSW Government has announced that if the Perrottet government is re-elected, NSW domestic violence victims will have easier access to housing through concessions on stamp duty and interest free rental bond loans.

For more information, see the Media Release on the Communities and Justice website. 

Zero-tolerance to domestic violence 

The NSW Government has announced that if the NSW Liberal and Nationals Government is re-elected, it will review all sentences for domestic violence related offences and introduce major changes to the handling of cases within the judicial system.

Under the proposal, the NSW Government will commission a full-scale review of all domestic violence related sentences. It will also undertake a feasibility study to establish a dedicated Domestic and Family Violence Court, fund a specialist Domestic and Family Violence List across three local courts and fund a surge of an additional five magistrates to ensure cases are heard earlier.

For more information, see the Media Release on the Communities and Justice website. 

Free RATs to vulnerable communities

Vulnerable communities in NSW will continue to receive free access to Rapid Antigen Tests (RATs) with the NSW Government extending the program to 30 April 2023.

This builds on the millions of tests already available to vulnerable and multicultural communities, homelessness services, social housing tenants, children and young people in out-of-home care, and Commonwealth Concession Card holders.

Eligible Commonwealth Concession Card holders in NSW can access 10 Rapid Antigen Tests until 30 April 2023.

For more information, see the Media Release on the Communities and Justice website. 

Electronic monitoring of domestic violence offenders

The NSW Government is committed to expanding the use of electronic monitoring of domestic violence offenders across NSW to help keep victims safe. The program applies to offenders released on parole and those sentenced to an Intensive Corrections Order.

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

NSW Police to disclose domestic violence history under new Right to Ask scheme

The new “Right to Ask” scheme will enable a person who may be at risk to apply through an online portal or phone line to access information about their partner’s domestic violence history. The information includes instances of sexual assault, property damage, stalking, intimidation and breaches of Apprehended Violence Orders.

NSW Police will approve any information before it is provided, with strict privacy controls in place including criminal penalties for malicious applications.

The service would also facilitate a referral to domestic violence support services where required. 

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

Administrative Appeals Tribunal to be abolished

The Australian Government has announced that the AAT will be abolished and replaced with a new federal administrative review body.  

All cases currently before the AAT will continue. Many cases currently before the AAT will be decided or finalised before the AAT is abolished. All decisions made by the AAT will remain valid and final.  

Once the new body is established, any remaining cases will transition to the new body. 

For more information, see the Media Release on the Administrative Appeals Tribunal website. 

Rent bidding rules

From 17 December 2022, licensed real estate agents are prohibited from soliciting rent bidding. This means that advertising for residential rental properties must include a fixed price and can no longer be advertised within a price range or by negotiation. 

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

NSW Sexual Violence Plan and NSW Domestic and Family Violence Plan released

The NSW Government has released the NSW Sexual Violence Plan and NSW Domestic and Family Violence Plan to work towards a shared policy framework to address domestic violence.

The Plans have been developed in consultation with key government agencies, advisory groups, peak organisations, sector representatives, Aboriginal organisations, front-line workers and victim-survivors to reflect the diverse expertise and experiences of these groups.

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

NSW Police Force launches online reporting for victims of sexual assault

The Sexual Assault Reporting Option (SARO) allows victims of sexual assault to provide information without taking part in formal police interviews. 

From 13 January 2023, the SARO can be accessed through the online Community Portal on the NSW Police Force website and is available in 12 languages. It replaces the previous process of printing and completing a 14 page document.

For more information, see the Media Release on the NSW Police Force website. 

Incentive for safe drivers

From 3 April 2023, eligible motorists who have a three year clean driving record will be able to apply to have their fine waived for low level offences including speeding offences under 10km/hr or driving in a bus or transit lane.

School zone, heavy vehicle, red light, mobile phone and speeding offences above 10km per hour will not be eligible under the scheme.

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

Australia’s first multicultural mental health line

The NSW Government has launched a multicultural mental health phone line service covering up to 30 different languages. 

The mental health line aims to support diverse communities who are struggling with their mental health to access appropriate services.

The service is available Monday to Friday between 9:00 am to 4:30 pm on 1800 648 911.

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

New safety laws for food delivery drivers

From 1 January 2023, food delivery drivers will be required to wear high visibility personal protective equipment (PPE) that has been provided to them while delivering food or drink. Drivers must also produce their training record if requested by a SafeWork NSW Inspector or NSW police officer.

Penalties and fines will apply to platforms and riders who cannot show that they have met these requirements.

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

Toll Relief Rebate Scheme open for applications from 24 January 2023

Eligible motorists can claim a 40% rebate up to a maximum of $750. You'll need to have a personal toll account and spend $375 or more on tolls between 1 July 2022 and 30 June 2023.

Sole traders with personal and/or business toll accounts may be eligible for an additional $750 rebate, for a total of $1,500.

The scheme is administered by Service NSW.

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

Reforms to NSW fire safety regulations 

The NSW Government is introducing reforms to the State’s fire safety regulations to improve compliance with fire safety measures and reduce the number of fire safety defects in buildings.

There will be a staggered introduction to these reforms in the Environmental Planning and Assessment (Development Certification and Fire Safety) Regulation 2021 for industry and property owners to familiarise themselves with the changes.

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

Update to the profession: Filing and listing of family law proceedings in circuit locations commencing 2023

From January 2023, parties wishing to commence family law proceedings in circuit locations will be able to choose their first return dates before a Judicial Registrar directly on the Commonwealth Courts Portal.

Circuit matters will now be listed into first return events before a dedicated Circuit Judicial Registrar. These listings will be available with increased frequency and will, as is the case for matters filed in larger registries, have first return and directions events conducted electronically via Microsoft Teams.

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

Implementation timeline of Secure Jobs and Better Pay Act

On 6 December 2022 the Fair Work Legislation Amendment (Secure Jobs Better Pay) Act 2022 received Royal Assent. 

The Fair Work Commission now has a dedicated website for updates on the Secure Jobs and Better Pay Act implementation. 

The commencement of the amendments will run over a 12 month period.

For a President’s Message and more information, see News and Media on the Fair Work Commission website.

For further information, see the Newsroom on the Fair Work Ombudsman’s Newsroom website. 

Spike in demand for legal help after floods amid insurance backlog

Legal Aid NSW’s specialist state-wide Disaster Response Legal Service (DRLS) has seen a spike in demand for legal help, with new data released today showing a 400 per cent increase in services provided to flood victims compared to the year prior, due to a backlog in insurance related complaints and disputes. 

For more information, see Media and newsletters on the Legal Aid NSW website. 

Language translation tool available on selected NCAT web pages

Automated language translation is now available on selected NCAT web pages and allows users to translate website information into 60+ languages. 

The automated translation tool (Google Translate) is currently available on the following pages:

• What is NCAT? 
• Get legal help and advice 
• Interpreters and translators
• Services for people with disability

For more information see Accessibility on the Department of Communities and Justice website.

Sending anonymous tip-offs to the Fair Work Ombudsman

The Fair Work Ombudsman has a simple form anyone can use to report anonymously a workplace not doing the right thing. For example, a business not paying their staff correctly, or to report a workplace that isn’t giving workers all their entitlements, like pay slips or paid leave.

For more information see How to send an anonymous tip-off on the Fair Work Ombudsman website.

Shut down arrangements for courts

NSW Civil and Administrative Tribunal 

The following arrangements will apply at NCAT over the 2022-23 Christmas and New Year holiday period. 

• The last hearing day in 2022 for all NCAT Divisions is 23 December 2022. 
• NCAT will begin to resume usual listing/hearing arrangements from 9 January 2023 
• Consumer and Commercial Division will commence conciliation list matters at Civic Tower from 3 January 2023
• The Guardianship Division is available to hear urgent applications over the holiday period. If you need to make an urgent application outside business hours or on a public holiday, please contact the Guardianship Division on 1300 006 228 
• Other NCAT Divisions will hear urgent applications on business days over this period as required. 

For more information see News on the NCAT website.

Supreme Court

The Supreme Court Registry arrangements will be as follows: 

• The Supreme Court vacation period will be 19 December 2022 to 27 January 2023
• The Registry will be closed on all Public Holidays
• The Registry counter will operate from 10:00am – 4:00pm
• The Registry counter will be closed on 28, 29 and 30 December 2022
• The Registry counter will reopen Tuesday, 3 Jan 2023
• New Court Term commences Monday, 30 January 2023
  

For more information see Latest Announcements on the NSW Supreme Court website.

Fair Work Commission

The Fair Work Commission and Helpline (1300 799 675)

• The office will be closed from 3pm Friday 23 December 2022, and reopen Tuesday 3 January 2023
• The Helpline will be closed for the period except: 
  • Open 9am-5pm on Thursday 29 December and Friday 30 December 2022
• For emergency hearings outside of business hours please call 0438 244 996 and leave a voice message.
  

There is a 21 day time limit for lodging unfair dismissal applications and general protections dismissal applications. This deadline still applies even if the FWC office is closed. The FWC count the 21 days from the date the dismissal took effect. If the deadline falls on a weekend or a public holiday, the FWC will extend the time limit to the next day.

For more information visit News and Media on the Fair Work Commission website. 

33,121 COVID-19 Public Health Order fines will be withdrawn after Supreme Court ruling  

Redfern Legal Centre has challenged penalty notices issued for contraventions of COVID-19 Public Health Orders on the technical basis that the notices do not provide a sufficiently detailed description of the offence committed and are therefore invalid. 

The Commissioner of Fines Administration is able to independently review or withdraw penalty notices. In this case, he has decided to exercise his statutory power to withdraw two types of Public Health Order fines:

• ‘Fail to comply with noticed direction in relation section 7/8/9 - COVID-19' – Individual
  
• ‘Fail to comply with noticed direction in relation section 7/8/9 - COVID-19' – Company.

A total of 33,121 fines will be withdrawn, which is around half of the total number of 62,138 COVID-19 related fines issued.

Where fines are withdrawn, all sanctions, including driver licence restrictions or garnishee order activity will be stopped.

For more information, see the Media Release on the NSW government website.

Shut down arrangements for courts

Local Court

Local Court has the following fixed vacation period:

• Saturday 24 December 2022 to Friday 6 January 2023.
  

For more information, see Local Court locations, listing and sitting on the Local Court website. 

District Court WHS Prosecutions and Civil Matters 

During the Law Term vacation, any applications are to be directed by email to the Associate to the Duty Judge.

• From 19 December 2022 to 1 January 2023, the Duty Judge will be his Honour Judge
• Russell SC. His Honour’s Associate is Ms Sue Hampton sue.hampton@courts.nsw.gov.auFrom 2 January 2023 to 15 January 2023, the Duty Judge will be his Honour Judge Scotting. His Honour’s Associate is Ms Liz Waite liz.waite@courts.nsw.gov.au 
• From 16 January 2023 to 29 January 2023, the Duty Judge will be her Honour Judge Strathdee. Her Honour’s Associate is Ms Kim Coldicott kim.coldicott@courts.nsw.gov.au.
  

For more information, see the Media Release on the District Court website.

Land and Environment Court

The Court's fixed vacation period will be: 

• Monday 19 December 2022 and the first day of term for 2023 will be Monday, 30 January 2023.
  

For more information, see the News and Announcements page on the Land and Environment Court’s website. 

Test Case – COVID-19 fines 

The COVID-19 fines test case that was filed in the NSW Supreme Court in July this year will be heard on Tuesday, 29 November 2022.   

Redfern Legal Centre is representing three plaintiffs who received a COVID-19 fine of between $1000 and $3000. One plaintiff, Mr Rohan Pank, had his fine withdrawn by Revenue NSW on the day the case was lodged. The state has agreed to pay Mr Pank’s costs.   

Two plaintiff’s fines remain on foot, Mr Beame and Mrs Els, and their matters will be considered by the Court. The Court will determine whether the fines meet the legislative requirements under the Fines Act 1996 (NSW).  

For more information, see the Media Release on the Redfern Legal Centre website. 

Community Legal Centre documentary on Northern Rivers flooding

The Northern Rivers Community Legal Centre has created a documentary titled “Living under threat, Northern Rivers Community Legal Centre and the 2022 floods”. 

For more information and to watch the documentary see the Media Release on the Community Legal Centres website. 

Updates in anticipation of 28 November commencement of Lighthouse Model in Federal Circuit and Family Court of Australia

New Rules

From Monday 28 November 2022, new Rules (Federal Circuit and Family Court of Australia (Family Law) Rules 2021, commencing 28 November 2022 apply.

Other changes include updates to delegations schedule, costs schedule, form instruction pages, and practice directions. 

For a full list of amendments please see Updates to the Profession: Amendments to the Federal Circuit and Family Court of Australia (Family Law) Rules 2021 commencing 28 November 2022 on the FCFCOA website.

Risk screening

When an Initiating Application seeking parenting only or parenting/ financial orders is filed on or after 28 November 2022, or a corresponding Response is filed, parties will be asked to complete the Courts’ bespoke risk screen, Family DOORS Triage.

For more information, see Lighthouse Model Expansion - Risk Screening Risk Screening on the FCFCOA website.

The Evatt List

The Evatt List ensures that families are provided with appropriate support to safeguard against family violence and other associated risks. It also ensures cases are managed through the Court process as efficiently and effectively as possible, with a focus on identifying risks and early information gathering.

The Courts have produced a series of guides which provide detailed information on the case management pathway events, timeframes, and expectations:

• Evatt List Guide for Practitioners
• Evatt List Guide for Independent Children’s Lawyers
• Evatt List Guide for Parties.
  

For the full update read the Lighthouse Model Expansion - The Evatt List information on the FCFCOA website.

Webinars

Webinars are scheduled for 22 and 24 November that are designed to inform the family law profession about the how the expanded Lighthouse model and associated case management processes will work.

To view the webinars, see the Federal Circuit and Family Court of Australia's YouTube channel:

• Tuesday 22 November 2022 3pm ACST/ 3.30pm AEST/ 4pm ACDT/ 4.30pm AEDT
• Thursday 24 November 2022 11.30am ACST/ 12pm AEST/ 12.30pm ACDT/ 1pm AEDT.
  
  

Federal Circuit and Family Court of Australia key dates

11 November deadline for interim parenting order applications

Applications for an interim parenting order relating in whole or part to the school holiday period beginning in December (in the application year) and extending to January (in the following year) must be filed before 4pm on the second Friday in November of the application year. For more information, see the Media Release on the FCFCOA website.

Holiday shut down period

Registry opening hours December 2022 to January 2023 will be as follows: 

The Newcastle, Parramatta, Canberra, Dandenong and Hobart registries will be closed from:

• Monday 26 December 2022 and will re-open on Friday 6 January 2023

The Albury, Dubbo, Lismore, Launceston, Darwin, Townsville, Rockhampton, Cairns, Sydney (William Street) and Wollongong registries will be closed from:

• Monday 26 December 2022 and will re-open on Monday 9 January 2023

For more information, see the Media Release on the FCFCOA website.

Paid family and domestic violence leave to commence in 2023

Full-time, part-time and casual employees will be able to access 10 days of paid family and domestic violence leave in a 12-month period. 

The new leave entitlement will be available from:

• 1 February 2023, for employees of non-small business employers
• 1 August 2023, for employees of small business employers.

The leave renews every year on each employee's work anniversary. It doesn’t accumulate from year to year if it isn’t used.

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

FCFCOA issues Special Measures Information Notice – Hearing Protocol 

The Chief Justice of The Federal Circuit and Family Court of Australia (FCFCOA) has issued the Special Measures Information Notice (SMIN) – Hearing Protocol to replace the Special Measures Information Notice – COVID-19 Hearing Protocol, starting from Monday, 7 November 2022.

The SMIN sets out how the Courts will continue to utilise both in-person and electronic hearings, as well as the arrangements for dispute resolution and Court Children’s Service events.

It also specifies the COVIDSafe measures that continue to apply.

The protocol applies to the Courts' family law, migration law, and general federal law jurisdictions.

For more information, see the Hearing Protocol on the FCFCOA website.

Easy read fact sheets published on guardianship and financial management website

NCAT’s Guardianship Division has produced two new Easy Read fact sheets:

• What is a guardianship order
  
• What is a financial management order
  

These new publications use pictures and information in easy English. Easy Read publications are designed specifically for people with cognitive disability and people who have difficulty reading. 

For more information, see the Media Release on the NCAT website.

Sentencing of historical offences

Offenders convicted of historical offences will be sentenced based on current sentencing patterns and practices under laws which came into force on Wednesday 19 October 2022.

For more information, see the Media Release on the DCJ website.

Expansion of the Lighthouse Model in the Federal Circuit and Family Court of Australia

The Lighthouse model is an early risk screening tool used by the court to identify family safety risks. Typically the litigant completes this form using an online platform. 

From 28 November 2022 the model is expanding, including courts at Newcastle, Parramatta, Sydney and Wollongong, in both parenting, and parenting and financial cases.

For more information about the Lighthouse model, see the Media Release on the FCFCOA website. 

Northern Rivers’ voluntary home buy backs

Around 2,000 homeowners in flood-prone areas of the Northern Rivers of New South Wales will now be eligible to raise, repair, retrofit or have their home voluntarily bought back, as part of a new $800 million program.

The Commonwealth and New South Wales Government joint funding will support residential homeowners impacted in the February-March 2022 floods, in the seven Local Government Areas of Ballina, Byron, Clarence Valley, Kyogle, Lismore, Richmond Valley and Tweed.

For more information, see the Media Release on the Prime Minister’s website. 

Changes to COVID measures at NCAT

NCAT is gradually resuming in-person hearings.

The hearing notice should be checked carefully as it includes important information about whether a hearing will take place in personal or remotely (by audio visual link (AVL) or telephone).

The requirement for masks has been lifted for most NCAT Divisions. 

People attending a Guardianship Division hearing are required to wear a face mask when in a hearing room. 

For more information, see the Media Release on the NCAT website.

GambleAware Week 17-23 October 2022

The week raises awareness of the potential risks of gambling and helps connect people at risk with support services. The GambleAware phoneline 1800 858 858 is open 24 hours a day for anyone needing support. It is free and confidential.

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

Opening of new social services in flood affected Lismore

Families and vulnerable people in Northern NSW will have access to more face-to-face support services with the opening of a new Social Futures office in Lismore.

Social Futures delivers programs across disability services under the National Disability Insurance Scheme, along with housing, homelessness, employment, youth and mental health supports.

Social Futures is located in the Westlawn Building, 29 Molesworth Street Lismore. 

For more information about funding for Social Futures and other programs, see the Media Release on the DCJ website.

ACCC warns funeral providers on pricing practices following Youpla collapse

The Australian Government has commenced a program to pay a grant in place of a funeral benefit that would have been paid by Youpla Group to eligible beneficiaries of people who held an active Youpla Group policy on or after 1 April 2020.

The ACCC is warning funeral service providers to not seek to take advantage of the Youpla Group Funeral Benefits Program by raising prices for funerals of grant recipients and their families, leaving these families out of pocket.

For more information, see the Media Release on the ACCC website.

Minimum wage increases from 1 October 2022

The increases to award minimum wages in 10 awards in the aviation, tourism and hospitality sectors start from the first pay period on or after 1 October 2022. 

Minimum wages in awards increased in most awards from the first pay period on or after 1 July 2022. 

For more information, see the Media Release on the website of the Prime Minister of Australia.

COVID-19 protocol updates

District Court NSW & Dust Diseases Tribunal NSW 

COVID-19 protocols 4 October 2022

In view of changes in Federal and State Government policies and health advice, the mandatory requirement for all court participants, including jurors, to wear face masks will end from Thursday 6 October 2022.

All of the requirements concerning Rapid Antigen Self-Testing under Criminal Practice Note 27 will continue until further advised.

For more information, see the Media Release on the District Court of NSW website.

Supreme Court of NSW 

Ending of COVID-19 protocols 17 October 2022

From 17 October 2022 all directions hearings, call overs, mentions, special fixtures, examinations and mediations before a registrar will be held in-person. The Court’s audio-visual links (video and telephone) will continue to operate and remain available for use in appropriate circumstances, to be approved by the registrar. If approval has not been received, an in-person appearance is expected.

Requests to appear using audio visual links must be submitted by 12 noon the working day prior to the listing.

For more information see Latest Announcements on the Supreme Court of NSW website.

Mandatory COVID-19 isolation periods to end

Mandatory isolation requirements for COVID-19 will end in Australia from 14 October 2022.

National Cabinet agreed to the end the Pandemic Leave Disaster Payment effective the same date.

To protect the most vulnerable and those in high-risk settings, the National Cabinet agreed to continue targeted financial support for casual workers, on the same basis as the PLDP, for workers in aged care, disability care, aboriginal healthcare and hospital care sectors.

For more information see the Media Release on the Prime Minister of Australia’s website.

Customers warned to watch out for scams following Optus data breach

Australian Competition and Consumer Commission (ACCC) Scamwatch is warning customers to protect their accounts and watch out for scams following the Optus data breach.

A cyber-attack has resulted in the release of Optus customers’ personal information. If you are an Optus customer your name, date of birth, phone number, email addresses may have been released. For some customers identity document numbers such as driver’s licence or passport numbers could be in the hands of criminals. It is important to be aware that you be may be at risk of identity theft and take urgent action to prevent harm.

Optus customers should take immediate steps to secure all of their accounts, particularly their bank and financial accounts. You should also monitor for unusual activity on your accounts and watch out for contact by scammers.

Steps you can take to protect your personal information include:

• Secure your devices and monitor for unusual activity
• Change your online account passwords and enable multi factor authentication for banking
• Check your accounts for unusual activity such as items you haven’t purchased
• Place limits on your accounts or ask you bank how you can secure your money
• If you suspect fraud you can request a ban on your credit report.

For more information, see the Media Release on the ACCC website.

Mask mandate to end on NSW public transport

Masks will no longer be mandatory on public transport from Wednesday 21 September.

The NSW Government has removed the requirement for people to wear masks on public transport, including taxis and rideshare services, in transport waiting areas and the indoor areas of cruise terminals.

NSW Health continues to recommend that people wear masks where they cannot physically distance from others, and in settings where there are vulnerable people and those who are at high risk of severe illness.

Mask wearing will remain mandatory at public hospitals, private health facilities and residential aged care facilities.

For more information, see the Media Release on the NSW government website.

COVID-19 pandemic leave payments to be kept as long as mandatory isolation is required

National Cabinet met virtually to discuss the ongoing COVID-19 pandemic and agreed to extend the Pandemic Leave Disaster Payment (PLDP) at current rates beyond 30 September 2022.

The payment will remain available for as long as mandatory isolation periods are applied by all States and Territories.

For more information, see the Media release on the Prime Minister of Australia's website.

Court and tribunal sitting arrangements for the public holiday on 22 September 2022

Thursday 22 September 2022 has been declared a public holiday to mourn the passing of Her Majesty The Queen. Changes have made to the sitting arrangements of courts and tribunals for this day.

Local Court

• The Public Holiday Bail Courts will operate
  
• A Bail Court will operate physically at the Children’s Court at Parramatta, as it does on weekends, and will be staffed by Acting Magistrates
  
• Regional Bail Courts - Regional registrars to liaise closely with their local stakeholders as required
  
• The Downing Centre Local Court
  
  • Special fixtures already commenced will continue but will not sit on 22 September
  • Special fixtures with their first day on 22 September will commence on 23 September
  • Part heard matters will be adjourned for mention in either the week of 26 September or 4 October
  • Matters listed in courtroom 5.1 will be adjourned for mention in either the week of 26 September or 4 October
  • Custody matters already listed in courtrooms 4.2 and 4.3 will be listed on 23 September
  • DPP matters listed on 22 September will be relisted on 20 September
  • All matters for mention will be relisted in either the week of 26 September or 4 October.
• All other Local Courts
  • Part heard matters listed for finalisation on 22 September 2022 should be listed for mention only in the week commencing 26 September 2022 in order to fix a further part heard hearing date
    
  • Parties in matters listed on 22 September for hearing should also be listed for mention only in the week of 26 September in order to fix a hearing date
    
  • All matters listed for mention or sentence should be relisted for the week beginning 26.09.22 and 4 October 2022.  Priority should be given to matters where the defendant is in custody.
    

Children’s Court

• Registrars will confirm approach with their coordinating Magistrate
• Registrars will relist all matters listed on 22/9/22 as soon as possible by liaising with parties for new dates.
  

District Court

• For part-heard matters, a new date will be arranged
  
• Pre-trial call-over matters listed for 22 September 2022, will be brought forward to 21 September 2022 and all appeals and sentence matters will be brought forward for mention on Monday 19 September 2022.

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

Supreme Court

• Unless there are exceptional circumstances, civil and criminal matters on Thursday 22 September will be given a new date
  
• Registrars lists and mediations will be relisted on a new date. Parties will be contacted by the Judge’s Associate or registry with regards to a new date
  
• Subject to availability of parties, bail hearings will continue as currently listed
  
• Urgent duty matters will be dealt with as they would be if an application was made on a weekend or public holiday.

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

NCAT

• NCAT will be closed on 22 September 2022 
• All matters listed will be rescheduled to a new date Parties will be notified of the new date
  
• The Guardianship Division is still available to hear urgent applications.

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

Anti-Discrimination NSW launches podcasts and videos as part of new Workplace Adjustments Series

Anti-Discrimination NSW has developed a series of videos and podcasts on workplace adjustments. 

The series features people with disability and managers working in the NSW public service – from Transport for NSW, Department of Communities and Justice, Department of Planning and Environment and HealthShareNSW – telling personal stories and highlighting the importance of workplace adjustments. 

The project aims to increase awareness and contribute to existing initiatives aimed at improving access and delivery of workplace adjustments in the NSW public service.

For more information, see Workplace Adjustment Series on the Anti-Discrimination NSW website.

COVID-19 isolation period reduced to 5 days, face masks no longer mandatory on domestic aircraft

From 9 September 2022, most people with COVID-19 will no longer need to isolate for seven days. Workers in high-risk settings like disability and aged care, and people who still have symptoms will still need to isolate for 7 days.

From the same date, masks will no longer be mandatory on domestic aircraft in NSW. Masks are still mandatory on inbound international flights, and some airlines may still require you to wear a mask during international flights.

For more information, see COVID-19 isolation period shortened to five days on the ABC News website.

Australian Death Notification Service (ADNS) translation service now available

Families can now access and navigate the Australian Death Notification Service (ADNS) in more than 50 languages, with the introduction of instant translation into the service.

The ADNS is an online platform which allows customers to notify multiple organisations of someone’s death, reducing a once 40-hour process to a 15-minute streamlined experience.

The Commonwealth Bank, Telstra, Energy Australia, superannuation fund HESTA and NRMA are among the 80 financial, insurance and superannuation institutions, telecommunications and utility providers and government organisations which have partnered with this program.

For more information, see the Media Release on the NSW government website.

Digital tradie licences

Tradespeople can now apply for a digital licence through the Service NSW app. 

The digital licence is a free, optional alternative to a physical card. It allows a person to check the credentials of the tradesperson and ensure they are certified for the work they do.

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

Transport for NSW transfers key regulatory functions to the National Heavy Vehicle Regulator 

On 1 August 2022, Transport for NSW (TfNSW) transferred the delivery of heavy vehicle safety services across NSW to the National Heavy Vehicle Regulator (NHVR).

All roadside enforcement, investigations, prosecutions and scheduled heavy vehicle inspections will now be delivered through the NHVR. TfNSW will continue to be responsible for licensing, registration and tow truck investigations and compliance.

For more information, see the Media Release on the NHVR website.

Children’s Court Coronavirus Public Notice 15

From 18 July 2022, the following arrangements apply to NSW Children’s Court:

• all legal practitioners are to appear in person unless leave has been granted to appear by AVL. 
• legal practitioners are to appear in person where their client wishes to attend in person except in exceptional circumstances with leave of the court. 
• parties are to appear in person in: 
  • hearings 
  • first mentions, noting that first appearance bail proceedings are subject to Part 2 
  • sentences 
  • replies to brief where a plea of guilty is to be entered and proceedings are to be finalised 
  • applications for an order under the Mental Health and Cognitive Impairment Forensic Provisions Act 2020,
  • unless otherwise directed by a judicial officer. 
• in other circumstances parties are excused from appearing if legally represented. 
  

For more information, see Coronavirus Public Notice 15.

Changes to consumer laws

From 18 July 2022, changes to the Fair Trading Act 1987 allow NCAT to decide consumer complaints up to the value of $100,000. This includes consumer claims about motor vehicles and the supply of goods or services in NSW.

The maximum amount you can claim in a consumer claims or motor vehicles matter has increased from $40,000 to $100,000. This aligns with the Australian Consumer Law (ACL) threshold of $100,000. 

For more information, see the Media release.

Agriculture and animal emergency flood hotline reactivated

The Agriculture and Animal Emergency Services hotline has been reactivated to help landholders manage their livestock and keep their animals safe as flooding continues.

An animal safe space is also open now at Castle Hill to temporarily house livestock and domestic animals.

For more information, see the Media release.

Food delivery rider safety reforms made law

On 1 July 2022, a new regulation aimed at improving safe working conditions for food delivery riders came into force. Under the regulation, food delivery booking providers must supply their riders with high-visibility personal protective equipment, including a retroreflective outer clothing item and a bag or container for safely transporting food or drink.

Providers who do not comply with the new work health and safety regulation may be given an on-the-spot fine of $3,600.

For more information, see the Media release. 

COVID-19 restrictions easing for airports and international travellers

From 21 June 2022, it is no longer mandatory for international travellers to follow certain rules including taking a COVID-19 test upon arrival in NSW. 

From 17 June 2022, you are no longer required to wear a mask in airports in NSW.

All people over the age of 12 must wear a mask while on an aircraft flying above NSW, in cruise terminals, on public transport and in high-risk settings.

For more information, see COVID-19 information for international arrivals on the NSW government website.

New service helping victims recover from identity theft

A new service has been launched by the NSW Government to support victims of identity theft.

ID Support NSW is a one-stop-shop where victims of identity theft can seek help and securely recover Government documents and private information, such as their driver’s licence and birth certificate.

The service also provides people with access to counselling and advice on how to protect themselves in the future.

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

Birth certificate blitz will change lives

A new agreement between the NSW Registry of Births Deaths and Marriages and Legal Aid NSW will allow vulnerable people to receive a free copy of their birth certificate, including people experiencing economic disadvantage, Aboriginal people and survivors of domestic and family violence.

The free birth certificate blitz will continue until 30 June 2022.

For more information, see the Media article on the Department of Communities and Justice website.

Close contacts with no symptoms no longer required to isolate

Close contacts of a confirmed case of COVID-19 are no longer required to self-isolate if they have no symptoms. However, they must follow the NSW Health guidelines for seven days from the time the confirmed case tested positive for COVID-19. They must:

• wear a face mask in indoor settings outside the home
• take daily RAT tests before coming into close contact with people outside their household, where practicable
• notify their employer and work from home where practical
• avoid contact with elderly and immunocompromised people where possible
• not visit aged care, hospitals, disability, and correctional facilities unless a special exemption applies.

There are no changes to the rules for close contacts with symptoms and people with COVID-19.

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

Special commission of inquiry established into LGBTIQ hate crimes

A Special Commission of Inquiry has been established to look into the manner and cause of death of all unsolved suspected hate crime deaths in NSW between 1970 and 2010, where the victim was a member of the LGBTIQ community and the death was the subject of a previous investigation by the NSW Police Force.

The Inquiry will also examine the manner and cause of death in all cases that remain unsolved from the 88 deaths or suspected deaths considered by Strike Force Parrabell.

The Commissioner will consider findings of previous inquiries and reports, and have the power to hold hearings, summons witnesses, and inspect documents.

The Commissioner will deliver a final report to the Governor on or before 30 June 2023.

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

In-person hearings to gradually resume at NCAT

The NSW Civil and Administrative Tribunal (NCAT) will gradually resume in-person hearings over the coming months. Matters that are currently listed will not be impacted by this change.

A person can find out whether they are required to appear in-person by checking their hearing notice.

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

Local Courts to accept applications to the Industrial Relations Commission 

The Industrial Relations Commission (IRC) has announced that an arrangement has been made with the Local Court of NSW where applications can be filed in the Local Court. The changes are effective from 9 May 2022. 

The IRC has also announced that Unfair Dismissal Applications and the Employer’s Reply can be filed online in early May 2022.  

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

Fines can be waived if a payment was received under the National Redress Scheme or Stolen Generations Reparations Scheme

Customers who have received a payment under the National Redress Scheme and Stolen Generation Reparations Scheme are protected from state government debt recovery, including garnishee orders.

Customers can give permission to the National Redress Scheme or Aboriginal Affairs to contact Revenue NSW on their behalf, or speak to an advocate. Revenue NSW can then put the customer’s fine on hold and write off the fine in some cases. 

Some fines for serious offences, including an order for restitution, may not be written off.

For more information, see:

• National Redress Scheme fines information fact sheet 
• Reparations Scheme and Funeral Assistance Fund factsheet on the Aboriginal Affairs website.

Telephone counselling open for people experiencing grief and bereavement

A new telephone counselling service is open to NSW residents struggling to cope with the death of a loved one. Griefline is a free counselling and support service that provides enhanced bereavement care for people in NSW. People struggling to cope with everyday life and social activities because of grief and bereavement can access six free counselling sessions from Griefline.

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

Tradie licences go digital through the Service NSW app

The NSW Government has launched the NSW digital individual contractor licence in the Service NSW App.

The digital contractor licence makes it easy for consumers to check the licence of a tradesperson prior to entering into a contract. It allows customers to quickly check details, such as name, date of issue and any conditions.

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

Faster and fairer split of superannuation in family law proceedings

Parties involved in current family law property proceedings can now apply to the Federal Circuit and Family Court of Australia to request information about their former partners superannuation.

Improving access to superannuation information will help to ensure separated couples divide their property on a just and equitable basis.

A request for superannuation information must be made using the approved form on the Commonwealth Courts Portal. A response to a request should be available on the portal within 7 days and will be visible to all parties and legal representative.

For more information, see:

• the Media release on the Attorney-General’s Department website, and
• Visibility of superannuation for property settlement proceedings on the Federal Circuit and Family Court of Australia website.

Two new Flood Recovery Centres open today

Two pop-up Recovery Centres, located at Spencer and The Entrance, will open to flood affected communities on the Central Coast today, 14 March 2022.

A wide range of support will be available at the centres, including:

• obtaining emergency accommodation
• accessing mental health services
• receiving help with clean-up
• financial support
• insurance and legal support
• replacing damaged documents
• support for businesses.

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

Don't get caught out in a flood recovery scam

As the clean-up and rebuilding of flood affected communities begins, communities are being warned to be wary of flood recovery scams. Previous natural disasters had seen rogue scammers engage in fraudulent behaviour, including setting up fake charities or ripping of flood victims by doing dodgy repair work.

To protect communities, NSW Fair Trading is planning to have investigators and inspectors on the ground in flood affected areas.

People wanting to donate to the recovery efforts are being advised to check that an organisation has a charitable fundraising licence on the Service NSW website before making a donation.

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

Job protection for flood emergency volunteers

The NSW Premier issued an employment protection order on 7 March 2022 for emergency volunteers assisting in the flood emergency.

The order safeguards the jobs of volunteers by prohibiting employers from firing or changing an employee’s position while they are absence from work volunteering in the flood emergency. Employers who do take negative action against employees in these circumstances can be fined and directed by a court to reinstate workers they have dismissed.

The order will remain in force for at least the next 14 days.

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

Flood recovery centres to provide residents with face-to-face support

Resilience NSW is opening dedicated recovery centres across NSW to provide face-to-face support for residents affected by severe storms and floods. The centres will be located in areas where emergency evacuation orders have been lifted, starting with Murwillumbah.

The support available include:

• clean-up services
• financial assistance
• insurance and legal support
• support for businesses, and
• mental health and wellbeing services.

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

Immediate disaster assistance now available for flood affected individuals and councils

People in NSW impacted by floods can now access the first round of immediate support through Service NSW to start their recovery.

The support available includes:

• a Disaster Relief Grant – to assist low income earners faced with disaster hardship who have suffered damage to the structure or contents of their home
• personal and financial counselling
• assistance finding temporary housing for those who have been forced from their homes.

NSW residents may also be eligible for the Commonwealth Government’s Disaster Recovery Payment.

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

Emergency animal welfare support hotline activated for flood-affected communities

A hotline is now open to farmers, landowners and communities in Northern NSW for people to request help for livestock or other animals. People should contact the hotline if they come across stranded, lost, injured or dead livestock.

There are also 22 evacuation centres open in Northern NSW for injured or at-risk pets and domestic animals.

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

Lawfully Explained website launched by the Law Society of NSW 

The Law Society of NSW has launched a new legal self help website called "Lawfully Explained". The website features the following topics:

• Problems with neighbours
  
• My rights when getting arrested
  
• How much does a lawyer cost?
  
• Why do I need a lawyer?
  
• Preparing for court
  
• 10 questions to ask a lawyer. 
  

For more information, see the Media Release and Lawfully Explained on the Law Society of NSW website.

State Emergency Operations Centre for NSW flood emergency

The State Emergency Operations Centre (SEOC) has been reactivated at Homebush in response to the current flooding emergency in NSW.

The SEOC is a central hub that brings officers from all the NSW Government response agencies come together and share information. Service NSW has also activated its emergency information and services in response to the flooding.

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

Digitising legal documents

The Federal government has made a commitment to make digital communication simpler for all Australians. 

Temporary changes have already been made to the law to allow for electronic execution of Commonwealth Statutory Declarations, enabling the use of electronic signatures and statutory declarations witnessed via audio-visual technology.

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

School life returns to normal

From Monday 28 February:

• cohort requirements and activity restrictions will be relaxed - enabling students to engage and interact more freely across classes and year groups
  
• schools will be able to welcome more visitors onto school grounds, including parents, and will resume activities such as assemblies and school camps
  
• mask requirements will be lifted for high school students and staff.

From Monday, 7 March:

• mask requirements will be lifted for primary school and early childhood education educators
  
• staff in Schools for Specific Purposes (SSPs) will continue to be required to wear masks based on health advice.
  

For more information, see the Media Release on the NSW Department of Education website.

NSW Government update to COVID-19 settings

From the beginning of Friday, 18 February 2022, the following changes to restrictions were made:

• no density limits
• check-ins will only be required for nightclubs, music festivals with more than 1,000 people, hospitals, aged and disability facilities
• singing and dancing will be permitted at all venues, except music festivals, where singing and dancing can recommence from 25 February.
• the recommendation to work from home will change and be returned to the employer’s discretion.

From the beginning of Friday, 25 February 2022, the following adjustments will be made to the settings:

• masks will only be mandated on planes, and indoors at airports, public transport and public transport waiting areas, hospitals, aged and disability care facilities and indoor music festivals with more than 1,000 people;
• the 20,000 person cap on music festivals will be removed, with singing and dancing permitted. Vaccination requirements will remain for indoor music festivals over 1,000 people, with attendees required to have at least two doses of a COVID-19 vaccine.
• hotel quarantine for unvaccinated returning travellers will be reduced from 14 to 7 days from 21 February.

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

Free legal advice and financial counselling for Territories Stolen Generations Scheme

Stolen Generations survivors will be able to access free legal advice and financial counselling under the Territories Stolen Generations Redress Scheme. 

The Scheme will be open for applications from 1 March 2022 until 29 February 2026 and will operate until 30 June 2026.

The Scheme will offer eligible applicants:

• a one-off payment of up to $75,000
  
• a one-off healing assistance payment of $7,000
  
• a Direct Personal Response which involves telling your story to a senior government person about the impact of the removal from your family or community
  
• access to free practical and emotional support, legal advice and financial counselling.
  

For more information, see the Media Release on the Department of the Prime Minister and Cabinet website.

Royal Commission into Defence and Veteran Suicide

The Royal Commission into Defence and Veteran Suicide will hold a public hearing in Sydney from Monday 14 February 2022. The hearing will run for one week and focus on issues that need to be addressed urgently.

The hearing is open to the public and anyone can register to attend in person. The hearing will also be livestreamed online. 

An interim report is expected to be released by 11 August 2022.

For more information, see the Media Release on the Royal Commission into Defence and Veteran Suicide website. 

COVID-19 vaccine booster dose to maintain "up to date" vaccination status

The Australian Technical Advisory Group on Immunisation (ATAGI) has recommended that all individuals aged 16 years and over receive a booster dose to maintain their up to date status.

Under the new rules, if it has been longer than six months since someone's last primary course dose and they are eligible for a booster, they will be considered overdue.

For more information, see the Media Release on the Prime Minister of Australia website. 

NCAT hearings to continue to be held by AVL or telephone until April 2022

NCAT has announced there will generally be no in-person hearings at NCAT until April 2022.

Matters will proceed by audio visual link (AVL) or telephone. In-person hearings can occur with prior approval only in exceptional circumstances.

For more information, see the Media Release on the NCAT website.

COVID-19 settings remain in place to maintain community safety

The NSW Government will extend current restrictions for another month as the State continues to take a measured response to managing COVID-19 with a focus on a safe return to school and restarting non-urgent elective surgery as soon as possible.

Current settings will continue until Monday, 28 February 2022, including:

• hospitality venues, including pubs, clubs, restaurants and cafes, and nightclubs must follow the one person per two square metre rule indoors
• masks are required in all indoor settings (except residences). Masks are strongly encouraged where you cannot maintain a safe distance from others
• QR code check-ins are compulsory at certain premises, including hospitality venues and retail shops
• singing and dancing is not permitted in hospitality venues, entertainment facilities, nightclubs, indoor music festivals and indoor major recreation facilities (except for weddings, performers, instructors and students). 

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

COVID-19 provisions for the Local Court extended until after 11 February 2022

 As a result of the high number of COVID infections within the community which are affecting the operations of the Court, the follow directions will apply up until and including 11 February 2022:

• all Local Court defended hearings (including hearings where the defendant is in custody) are to be vacated up to and including Friday 11 February 2022
• all vacated matters will remain listed for call-over on the date on which they were originally listed
• defended matters may proceed in limited circumstances on an application by a legal practitioner or self-represented litigant to the Court (at which the matter is listed) prior to the listing date. Where the presiding magistrate is inclined to grant the application, the hearing may only proceed with the approval of the Chief Magistrate
• unless otherwise ordered by the Court, an in-person appearance is NOT required. Parties may appear via AVL, by telephone (where approved by the Court) or by email
• it is the expectation of the Court that parties will appear in-person only in limited circumstances. 
• self-represented parties who receive a Court Attendance Notice should see Changes to court operations - COVID-19 on the Local Court website
  
• sentencing matters will proceed by way of AVL unless parties / legal practitioners make a request to the Court to appear by other means. Where a full-time custodial sentence is the likely outcome for a defendant who is in the community, the sentence will be adjourned to a date after 11 February 2022
• small claims hearings (including any previously listed in-person hearings) will remain listed and will now proceed via telephone or AVL.

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

COVID-smart back to school plan

The NSW Government has announced that every student and teacher in NSW will receive Rapid Antigen Test (RAT) kits before school returns on 1 February 2022.

Students and teachers will be required to undertake Rapid Antigen Tests twice a week for the first four weeks of the term.

All high school students and teachers will be required to wear a mask. Children in primary school will be encouraged to wear a mask.

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

Annual Progress Report for the Royal Commission into Institutional Responses to Child Sexual Abuse

The Annual Progress Report for the Royal Commission into Institutional Responses to Child Sexual Abuse has been released.

The final report is due in December 2022.

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

Critical workers exempt from isolation requirements

The NSW Government has announced today that some critical workers will be exempt from isolation requirements as a close contact if they have no symptoms of COVID-19.

These workers must wear a mask, do daily Rapid Antigen Tests and comply with the employer's risk management strategies.

The rules apply to the following sectors:

• utilities
  
• information and telecommunications
  
• social assistance and welfare services
  
• funeral, crematorium and cemetery services
  
• seaport operations
  
• air and sea freight and logistics
  
• correctional centres and community corrections
  
• a person employed by Resilience NSW, Surf Lifesaving NSW, Marine Rescue NSW or NSW Volunteer Rescue Association Inc.
  

These exemptions are in addition to those working in:

• agriculture
  
• manufacturing
  
• transport, postal and warehousing
  
• emergency services workers and healthcare workers.
  

For more information, see the Media Release on the NSW Health website.

Positive Rapid Antigen Tests must be registered with Service NSW

The NSW Government has announced that from 12 January 2022, anyone over the age of 16 who tests positive to a Rapid Antigen Test will be required to register their result with Service NSW.

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

NSW COVID-19 update

The NSW Government has announced that the public health orders will be amended next week to require people to report their positive Rapid Antigen Test (RAT) results. 

From 8 to 27 January 2022, singing and dancing will be prohibited in hospitality venues (including pubs, clubs, nightclubs, bars and restaurants), entertainment facilities and major recreational facilities. These restrictions won't apply to weddings, or for students and instructors and performers in the settings listed above.

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

COVID-19 close contact and isolation periods

The NSW Government has adopted a nationally consistent principle for the definition of a close contact and isolation period.

People who test positive to COVID-19 are required to isolate for seven days from the day of testing. After seven days, they can leave isolation without formal notification or further test.

A close contact is defined as:

• a household contact, or where more than four hours of exposure has occurred in a residential setting, and 
• contacts in a setting where Health has determined to be a high level of transmission.
  

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

NSW COVID-19 update 

The NSW Government has announced the following changes effective from 12.01am Friday, 24 December:

• Masks will be compulsory in all indoor non-residential settings, including for hospitality staff and in offices, unless eating or drinking.

From 12.01am Monday, 27 December 2021:

• QR code check-ins will be compulsory, including for hospitality and retail 
  
• Hospitality venues, including pubs, clubs, restaurants and cafes will move to 1 person per 2 sqm rule indoors, with no density limit for outdoor settings.

All settings will remain in place until Thursday, 27 January 2022.

Rapid antigen tests will also be free.

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

NSW to criminalise coercive control

The NSW government has recently announced its commitment to outlawing the historically overlooked form of intimate abuse known as coercive control following a recent inquiry.

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

New deal to support free legal assistance services in NSW

Disadvantaged people in need of free legal services will benefit from a groundbreaking agreement reached between the NSW Government and the Law Society of NSW to secure the long-term future of a fund supporting the legal assistance sector.

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

Mobile speed camera vehicles to display signs

From February 2022, NSW motorists will be warned their speed is being checked with signs on top of all mobile speed camera vehicles.

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

COVID-19 restrictions eased in NSW

On 15 December 2021, the following came into effect:

• Density limits ceased and masks will only be required on public transport and planes, at airports, and for indoors front-of-house hospitality staff who are not fully vaccinated. Masks are strongly recommended in settings where you can't social distance
• QR check-ins will only be required at high-risk venues including hospitals, aged and disability care facilities, gyms, places of worship, funerals or memorial services, business premises for personal services (e.g. hairdressers, salons and spas), pubs, small bars, registered clubs, nightclubs, and for indoor music festivals with more than 1,000 people
• Proof of vaccination only required for indoor music festivals with more than 1,000 people and cruises with more than 100 passengers
• Businesses can still require proof of vaccination at their own discretion
  
• COVID safety plans will be optional for businesses and will be supported by SafeWork NSW.

The NSW Government is urging people to book in for their COVID-19 booster shot as restrictions continue to ease across the state.

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

Mandatory vaccine requirements for all primary care and other private sector health service providers

Mandatory vaccination requirements will be extended to all primary care and other private sector health service providers across NSW, with these workers required to have had two doses of a COVID-19 vaccine by 31 January 2022.

For more information, see the Media Release on the NSW Health website.

New regulatory framework to improve child safety

Mandatory child new regulatory framework is in place for people and organisations responsible for the care or supervision of children.

The NSW Government has announced new measures for people and organisations responsible for the care and supervision of children in response to recommendations by the Royal Commission into Institutional Responses to Child Sexual Abuse. These include:

• a mandatory Child Safe Scheme
• a residential care worker register, and 
• the development of a child protection audit tool.

The NSW Government is investing $127 million over five years to improve child safety and to support survivors, including implementing responses to the Royal Commission’s recommendations. 

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

Territories Stolen Generations Redress Scheme

The Federal Government passed legislation that facilitates the operation and implementation of the Territories Stolen Generations Redress Scheme.

The Territories Stolen Generations Redress Scheme (Facilitation) Act 2021 and the Territories Stolen Generations Redress Scheme (Consequential Amendments) Act 2021 will make sure redress payments do not affect access to, or eligibility for, any payment or service provided by the Commonwealth.

The Territories Stolen Generations Redress Scheme will be open for applications from 1 March 2022 to 28 February 2026 and will operate until 30 June 2026.

For more information, see the Media Release on the Australian Government website.

Free diary for seniors

NSW Legal Aid has produced a free diary for seniors. The diary has details for legal and non-legal support services to help seniors stay connected and informed. The diary can be pre-ordered online and is also available from a local Legal Aid NSW office, state MP or library by15 December 2021.

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

Canine Court Companion Program to resume at Manly Courthouse

Therapy dogs have returned to Manly Courthouse once a week to provide emotional support to children, vulnerable witnesses and victims of crime. The program was rolled out following a successful trial in 2017.

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

$3 million funding boost for community programs

The NSW Government has secured $3 million in additional funding for community programs across NSW. The funding has been allocated to support the Tenants Advice and Advocacy Program, Financial Counselling Services Program, No Interest Loan Scheme Program and the Aged Care Supported Accommodation Program from 2021/2022.

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

Changes to community schemes laws

On 1 December 2021, the Community Land Management Act 2021 and Community Land Development Act 2021 commenced. Both Acts align community schemes laws with the existing strata schemes laws.

In response to these changes, the NSW Civil and Administrative Tribunal (NCAT) has consolidated the strata and community schemes application forms and developed a new factsheet.

Orders can no longer be made by Adjudicators.

For more information, see the Media Release on the NCAT website.

Revenue NSW used Robodebt style technology to issue garnishee orders

NSW Ombudsman Paul Miller has called for greater transparency in the government’s use of artificial intelligence after Revenue NSW was found to have used the technology to issue garnishee orders to financially vulnerable people.

Those who complained to the NSW Ombudsman were unaware the technology was being used by Revenue NSW. Following numerous complaints to the NSW Ombudsman, Revenue NSW took steps to address the concerns. 

The NSW Ombudsman released a report which provides practical guidance to agencies on the proactive steps they should take to reduce the risk that machine technology could be unlawful or otherwise amount to maladministration.

For more information, see the Media Release on the NSW Ombudsman website.

Harsh penalties for breaching quarantine requirements

All travellers arriving in NSW who have been in South Africa, Lesotho, Botswana, Zimbabwe, Mozambique, Namibia, Eswatini and Malawi during the 14 day period before their arrival in NSW must enter hotel quarantine for 14 days, irrespective of their vaccination status.

All other overseas travellers must complete a PCR test and isolate for 72 hours at a nominated address or accommodation. People will only be able to exit isolation at the end of the 72 hour period if they have received a negative result. After exiting isolation people must complete an additional PCR test on day six after arrival and comply with the NSW Health guidelines for recent fully vaccinated arrivals.

To help protect the community, the NSW Government will increase penalties for non-compliance with the isolation, testing and quarantine requirements to $5,000 for individuals (from $1,000) and $10,000 for corporations (from $5,000). 

These rules will take effect from 1 December 2021.

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

New online transcripts service via the NSW Online Registry

The NSW Government has announced that from 1 January 2022, lawyers, self-represented parties and the judiciary will soon be able to order, track and receive transcripts for their cases from a new online service.  NSW Civil and Administrative Tribunal (NCAT) and Dust Diseases Tribunal transcripts will become available on the portal at a later date.

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

Applications for $250,000 Access to Justice grant up for grabs

Attorney General Mark Speakman is encouraging applications for “inventive proposals that improve the way legal problems are resolved, or tech-savvy solutions that modernise the delivery of legal services”.

Grants between $50,000 to $250,000 will be given to ideas for low cost, high impact projects which target socially and economically disadvantaged communities.

Applications close on 11 February 2022. 

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

$20 million to boost support for domestic violence victim-survivors

Domestic violence victim-survivors will receive support with a $20 million relief package for more than 180 NSW specialist frontline services being delivered. The new Commonwealth funding will complement existing investments from the NSW Government for domestic violence services.

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

Reforms to tackle online trolls

The Federal Government will be introducing new reforms to force global social media platforms to unmask anonymous online trolls and protect Australians online.

Social media platforms will be required to establish a quick, simple and standardised complaints system that ensures defamatory remarks can be removed and trolls identified with their consent. This recognises that Australians often just want harmful comments removed.

A new Federal Court order will be established that requires social media giants to disclose identifying details of trolls to victims, without consent, which will then enable a defamation case to be lodged.

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

The Walama List pilot to commence in February 2022

The Walama List will provide a unique approach to sentencing Aboriginal and Torres Strait Islander offenders. They will achieve this by working with Elders and respected community members, government and non-government services to address underlying needs and risk factors related to offending behaviour. 

The aim of the Walama List is to reduce re-offending, keep communities safe and reduce the overrepresentation of Aboriginal and Torres Strait Islander peoples in the criminal justice system.

The pilot will begin in the NSW District Court in 2022.

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

Pre-polling open for NSW local government elections

NSW residents can cast their pre-poll vote ahead of the 4 December 2021 polling day. 

Residents can also vote by post if they are:

• self-isolating because of COVID-19
• living in a retirement village or nursing home
• in hospital, or
• reasonably concerned that attending a polling place on election day will pose a risk to their health or safety, or the health or safety of others.
  

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

Tougher sentencing for historical offences

The NSW government will be introducing a new bill that require courts to apply current sentencing practices to all crimes, regardless of when they were committed. 

Perpetrators of sexual violence and other criminals who have evaded the criminal justice system for years, or even decades, will now face the prospect of tougher sentencing from NSW courts, which will no longer be bound by outdated sentencing practices.

The proposed reform comes after a review of historical sentencing practices, which engaged legal experts, victims’ rights groups and law enforcement.

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

NSW Disability Inclusion Plan 2021-2025

People with disability will live in more inclusive and accessible communities under the NSW Government’s plan to remove barriers to participation in society.

Under the NSW Disability Inclusion Plan, all public sector agencies and local councils are required to develop action plans.

Key deliverables under the Disability Inclusion Plan 2021-2025 include:

• enhancing services for people with disability
  
• implementing the NSW Education Disability Strategy
• increasing the availability and accessibility of transport options for people with disability, including for those living in regional and rural areas 
• build more inclusive play spaces.

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

National forum on workplace sexual harassment

The Attorney-General and Minister for Industrial Relations have launched a national forum hosted by Commonwealth work health and safety (WHS) regulator Comcare, on the prevention, management and regulation of workplace sexual harassment.

The program has been co-designed in collaboration with Safe Work Australia and state and territory WHS regulators. It will help to ensure that WHS authorities are equipped to assist businesses and workers to understand their duties and obligations in relation to sexual harassment under WHS laws, and deliver best practice regulation.

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

Landmark laws against modern slavery commences 1 January 2022

An independent anti-slavery commissioner will be created in NSW to crack down on any unethical government supply chain practices after landmark modern slavery laws passed the NSW Parliament.

After more than three years of delay, the new laws against modern slavery will come into effect on 1 January 2022. NSW government agencies and local councils will be required to take reasonable steps to ensure that the goods and services they procure at not the product of modern slavery. Statutory owned corporations will also be required to assess the risks in their supply chains. 

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

Reforms to protect older people from financial abuse

The Commonwealth, state and territory Attorneys-General are prioritising enduring power of attorney law reform to protect older Australians from financial abuse.

It has been reported that as many as 185,000 older people experience some form of abuse or neglect each year and financial abuse is the most prevalent form. 

For more information, see the Media Release on the Law Council of Australia website.

Remote witnessing of legal documents to continue

The NSW Government has announced that remote witnessing of documents such as wills, statutory declarations and affidavits over video will continue once the Electronic Transactions Amendment (Remote Witnessing) Bill 2021 commences.

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

Record investment into Indigenous programs in NSW

The NSW Government has announced a record of $1.1 billion investment into Indigenous programs as part of its commitment to the Closing the Gap initiative. The funding will aim to improve critical infrastructure and services for Aboriginal communities across NSW.

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

Investigation into fraudulent applications for COVID-19 business support payments

Service NSW and NSW Police have announced Strike Force Sainsbery to investigate fraudulent applications for COVID-19 business support payments.

Service NSW has paid more than $11 billion in support payments to customers impacted by COVID-19, bushfires and floods.

Service NSW has so far investigated suspected fraudulent 2021 COVID-19 micro-business grant applications worth $15.9 million which equates to 2.6 per cent of all paid applications.

For more information, see the Media Release on the NSW Police Force website.

Tenancy support package rebates

From 11 November 2021, COVID-19 impacted tenants whose weekly household income reduced by 25% or more since 14 July 2021 can apply for a rebate of up to $4,500. This is only available if the landlord or agent has not already applied for the maximum amount available.

Applications for the Residential Tenancy Support Payment can be lodged by an eligible tenant, landlord or managing agent where the tenant is a COVID-19 impacted tenant.

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

New initiatives help reveal data on family violence and risk factors in family law cases

The Federal Circuit and Family Court of Australia is undertaking initiatives concerning data about the widespread prevalence of family violence and other risk factors in family law cases. 

Approximately 80% of family law cases allege at least one major risk factor, including family violence.

Initial data at the time of filing revealed that:

• 54% of parties allege a child has been abused or is at risk of abuse
• 64% of parties allege they have experienced family violence
  
• 57% of parties allege a child has experienced family violence
• 39% of parties allege that drug, alcohol or substance misuse has caused harm or poses a risk of harm to a child
• 40% of parties allege that the mental ill-health of a party has caused harm or poses a risk of harm to a child.

The Lighthouse Project allowed this data to be further examined and revealed that the prevalence of risk in some family law cases is significantly higher. 

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

New resource for lawyers working with clients affected by domestic and family violence

The Law Society of NSW has published a new resource to help family lawyers understand the practical and procedural steps they can take to prioritise safety during each stage of a family law matter. 

For more information, and for a copy of the guide, see the Media Release on the Law Society of NSW website.

Reforms to recognise loss of an unborn child

The Crimes Legislation Amendment (Loss of Foetus) Bill 2021 has been introduced in Parliament and creates two new offences in the Crimes Act 1900:

• A stand-alone offence of ‘Causing the loss of a foetus’, which will apply to a wide range of criminal acts and carry a maximum penalty of five to 28 years imprisonment depending on the type of act (such as dangerous driving or grievous bodily harm with intent to the pregnant woman). The combined maximum sentence for this offence and the existing criminal offence will be three years higher than currently available for this conduct under existing law. 
• An offence of ‘Causing the loss of a foetus (death of pregnant woman)’ which can be charged with a homicide offence (such as murder, manslaughter, dangerous driving occasioning death) where the foetus is lost and the pregnant woman is killed due to a third party criminal act. This offence will carry a maximum penalty of three years imprisonment and apply in addition to the maximum penalty for the homicide offence.
  

These can be charged where the foetus was at least 20 weeks or 400 grams weight.

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

Child Safe Standards

The Royal Commission into Institutional Responses to Child Sexual Abuse recommended 10 child safe standards, drawing on its findings, research and consultation about what makes organisations child safe.

The Scheme gives the Office of the Children’s Guardian (OCG) additional powers to monitor and investigate how organisations implement Child Safe Standards to support the safety of children and young people.

Under the new Scheme, certain child-related organisations including in the Education, Early Childhood, Health and Youth Justice sectors, must implement the Child Safe Standards.

Local councils, religious organisations providing services to children and sport and recreation organisations providing services to children will also be required to implement the Standards.

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

Community legal sector to receive $83 million 

The community legal sector will receive more than $83 million over the next three years in a move NSW Premier Dominic Perrottet said will give those in need better access to free legal support.

Additionally, the joint state and federal funding would help provide long-term stability for vital legal services.

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

NSW Gender Equality Dashboard

The NSW Gender Equality Dashboard is an interactive tool that makes valuable data collected by Women NSW more easily accessible to researchers, policy and decision makers and the general public.

The data presented in the NSW Gender Equality Dashboard gives visibility to trends in gender representation and offers insight into the ways women are impacted by specific gender issues to support conversations around policies, initiatives and programs needed to achieve gender equality in NSW.

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

New laws for survivors of institutional child abuse

The new Civil Liability Amendment (Child Abuse) Bill gives NSW courts the power to set aside unfair settlement agreements for abuse so survivors can bring a civil claim for fairer compensation.

The new laws also remove restrictions that had prevented survivors from bringing civil claims if the abuse had occurred while they were in custody in juvenile justice facilities.

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

More freedom for fully vaccinated people

The NSW Government will further ease rules for those who are fully vaccinated by bringing forward many of the roadmap changes scheduled for 1 December to Monday, 8 November 2021. 

From 8 November there will be no limit on visitors to a home, no rules for outdoor gatherings with fewer than 1,000 people, and indoor swimming pools will re-open for all purposes. 

Current mask rules will remain in place until NSW reaches the 95 per cent double vaccination target, or 15 December 2021, whichever happens first.

Those who are not fully vaccinated must continue to comply with the pre-roadmap restrictions until the State reaches the 95 per cent double vaccination target, or 15 December 2021, whichever happens first. 

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

COVID-19 case locations on Service NSW app

NSW residents can now receive push notifications on COVID-19 case locations on the Service NSW app so they are alerted to potential exposure risks immediately. This update is in addition to the red icon that appears in the check-in history. 

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

NSW Civil and Administrative Tribunal (NCAT) Christmas and New Year closures

The last hearing day in 2021 for all NCAT Divisions is 23 December 2021. 

NCAT will resume its usual listing/hearing arrangements from 10 January 2022.

The Guardianship Division is available to hear urgent applications over the holiday period.  Other divisions will also hear urgent applications as required.

For more information, see the Media Release on the NCAT website.

Fully vaccinated Australians ready for take-off from 1 November 2021

Fully vaccinated Australians will not require an exemption to depart Australia from 1 November 2021.

“Australian citizens and permanent residents who want to travel overseas, will need to provide proof that they are fully vaccinated with a TGA approved or recognised vaccine, with the second dose occurring at least seven days prior to travel. These changes will also facilitate travel by children under 12 years of age,” Minister Hunt said.

People who do not meet these eligibility requirements will continue to require a travel exemption to travel overseas, and will be subject to current passenger caps and quarantine arrangements (managed by states and territories) when returning to Australia.

For more information, see the Media Release on the Minister for Home Affairs website.

Privacy reforms to protect Australians online

The federal government has introduced the Privacy Legislation Amendment (Enhancing Online Privacy and Other Measures) Bill 2021, which will enable the creation of a binding online privacy code for social media services, data brokers and other online platforms in Australia.

Online platforms subject to the code will need to comply with strict new privacy requirements, including more protection for children on social media. Under the code, verification of age will be required as well as parental consent for users under the age of 16. There will also be tougher penalties and enforcement powers to enable the Office of the Australian Information Commissioner to resolve these matters.

For more information, see the Media Release on the Attorney- General for Australia website.

Landmark climate class action by Torres Strait Islander people 

Two Torres Strait Islander leaders have launched a class action against the federal government arguing it has breached its duty of care by failing to prevent climate change. Torres Strait Islander communities are on the frontline of the climate crisis and fear that rising global temperatures of more than 1.5C will render their islands uninhabitable and make Torres Strait Islander people Australia's first climate refugees.

Their legal team will argue that Australia should reduce greenhouse gas emissions to a level that will prevent Torres Strait Islanders from harm. The class action is being modelled on successful climate litigation in the Netherlands.

For more information, see Rising sea levels push Torres Strait Islanders Paul and Pabai to take legal action against the Australian government on the ABC news website.

The Bureau of Crime Statistics and Research (BOCSAR) releases study into breaches of COVID-19 public health orders in NSW 

BOCSAR released a study describing the trends and characteristics of breaches of COVID-19 public health orders detected by the NSW Police Force and compared this information with self-reported rates of non-compliance. NSW Police issued 36,597 COVID-10 public health orders breaches in July and August 2021. 

The study by BOCSAR shows that:

• breaches commonly involved non-essential travel, failing to wear a face covering and visiting other households
  
• 9 in 10 breaches were dealt with by a fine
• 74% of breaches were by males, 61% by people aged between 18 to 39 and 95% by non-Aboriginal people
  
• 37% of breaches were in an LGA of concern.

The survey data showed that self-reported rates of compliance were generally high across all areas of Greater Sydney. Less than one in five respondents reported visiting family or friends or gathering in large groups. The study also found that people residing in LGAs of concern were more compliant. 

For more information, see the Media Release on the NSW Bureau of Crime Statistics and Research website. 

Common sense reforms to make sexual consent laws easier to follow

On 20 October 2021, the NSW Attorney General and Minister for the Prevention of Domestic Violence Mark Speakman introduced a Bill in NSW Parliament to implement consent reforms that aim to:

• clarify consent provisions in the Crimes Act 1900, including that consent is a free and voluntary choice that should not be presumed, and that consent involves ongoing and mutual communication
• strengthen laws to provide that consent must be a free and voluntary agreement, that is communicated between participants
• ensure fairer and more effective prosecutions of sexual offences
• address misconceptions about consent in trial proceedings
• improve victim experience of the justice system and juror understanding of the complexities of sexual offending and reporting through the introduction of new jury directions.

The NSW Government supported all 44 recommendations made by the Law Reform Commission (LRC) in its report (the Consent Review). The NSW Government's Bill to Parliament that will go further than the LRC’s recommendations in one important way, by providing that any belief in consent that an accused person had (or may have) at the time of sexual activity will not be reasonable in the circumstances if the accused did not say or do anything to ascertain consent.

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

NSW Government to establish IDSupport NSW in response to identity crime

The NSW Government is establishing a new nation-leading identity support unit to minimise the risks associated with identity theft and make it easier for customers to access help in the event their personal information or government proof of identity credentials are stolen or fraudulently obtained.

IDSUpport NSW will be the single point of contact for victims of identity crime. IDSupport NSW will work closely with government agencies to mitigate the risk of stolen or fraudulently obtained personal information and identity credentials being used.

They will also offer additional support and counselling services.

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

NSW Government to invest $484.3 million to support women and children escaping domestic and family violence

NSW Premier Dominic Perrottet announced that the NSW Government will invest an additional $484.3 million to support thousands of women and children escaping domestic and family violence. 

The funding package includes:

• $426.6 million over four years to expand Core and Cluster to deliver and operate around 75 extra women’s refuges that support women and children escaping domestic and family violence
  
• $52.5 million over four years towards Community Housing Innovation Fund
  
• $5.2 million over four years for a trial in two districts to provide dedicated support for children and young people experiencing or at risk of homelessness.

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

Child protection caseworkers to access mental health support

Child protection caseworkers in NSW will receive access to mental health support services as part of the NSW Government’s $130 million mental health recovery package.

During the COVID-19 lockdown, the NSW Government expanded its Employee Assistance Program to all funded NGOs working in the social services sector. The $3 million expansion of caseworker wellbeing checks aims to build on that support, providing thousands of child protection caseworkers in NSW with more frequent and easily accessible services.

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

Support for Aboriginal people experiencing homelessness 

Aboriginal people experiencing homelessness or at risk of homelessness will receive better support under a $12 million NSW Government plan to boost the capacity of Aboriginal Controlled Community Organisations (ACCOs).  

The NSW Government is investing up to $300 million in homelessness service to prevent and respond to homelessness issues in Aboriginal communities. Priority groups for the initiative include Aboriginal women and children who have experienced domestic and family violence, and young Aboriginal people who are experiencing or at risk of being homeless.

The Aboriginal Homelessness Sector Growth project is expected to be underway in April 2022. 

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

Independent review into sentencing laws for fraud offences

The NSW Sentencing Council will be conducting a review of sentencing laws for fraud and fraud-related offences in NSW. 

There are over 15,000 fraud and fraud-related matters which go through the Courts in NSW each year.

Under the terms of reference, the Sentencing Council will:

• provide sentencing statistics for convictions over a five year period
• provide information on the characteristics of offenders
• provide background information, including the key sentencing principles and reasoning by judges, the mitigating subjective features of offenders and other significant factors in sentencing decisions.

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

Closing the gap for Aboriginal people in custody 

The NSW Government is committed to reduce the number of Aboriginal people in prison and improving the health and safety of people in custody.

The Government’s response to The high level of First Nations people in custody and oversight and review of deaths in custody report recognises that systemic changes and increased accountability are required to close the gap. This includes:

• releasing the NSW Implementation Plan, setting out the first roadmap for closing the gap
• commencing a Thematic Review of Aboriginal Deaths in Custody to review and improve processes related to deaths in custody in Corrective Services NSW
• boosting funding and support for Coronial Jurisdiction, including a new full time coroner
• expanding court services and programs, including the NSW Drug Court
• investments to remove hanging points in correctional facilities
• reviewing health services in correctional facilities and improving support for mental health and people with disabilities
• improving support for people leaving custody. 

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

Integrated vaccination certificate opens to all on Service NSW app

Residents across NSW will be able to integrate the COVID-19 digital vaccination certificate into their Service NSW app from 15 October 2021 with the program now rolling out State-wide.

“When someone visits a venue, they’ll be able to show their green check-in tick and vaccination status simultaneously, saving staff and customers time.

While integrating the COVID-19 digital certificate on to the Service NSW app will be optional, it will be the by far the easiest and quickest way to prove you’re fully vaccinated.

As the vaccine data sits in the Federal Australian Immunisation Register to integrate the COVID-19 digital certificate into the Service NSW app you will need to:

• ensure your Federal MyGov account is linked to Medicare
• download the Express Plus Medicare app and sign in with your MyGov account details
• select ‘Proof of vaccinations’ and then ‘View history’
• select ‘Share with check in app’ and then ‘Service NSW’

For more information, see Integrated vaccination certificate opens to all on Service NSW app on the NSW Government website.

Current hearing arrangements to continue at NCAT until February 2022

In response to the latest COVID-19 health advice from the NSW Government, there will generally be no in-person hearings at NCAT until February 2022.

Matters will proceed by audio visual link (AVL) or telephone. In-person hearings can occur with prior approval of the President only in exceptional circumstances.

Counter services are restricted. Parties can continue to lodge applications online or by post. Submissions, evidence and other secondary material should be lodged by post. 

It is mandatory for people attending NCAT premises to wear a face mask and check-in.

For more information, see Current hearing arrangements to continue at NCAT until February 2022 on the NCAT website.

$95 million funding to assist the legal assistance sector

The Attorney General and Minister for Prevention of Domestic and Sexual Violence Mark Speakman announced that the NSW legal assistance sector will receive $95 million over four years.

The new funding includes:

• $39.3 million for Legal Aid NSW, community legal centres and other service providers to assist vulnerable women, with a focus on victims of domestic and family violence.
  
• $16 million to support people with mental health conditions access the justice system.
• $12.2 million to assist workers experiencing sexual harassment or discrimination. 
• $23.5 million for Legal Aid NSW to extend Family Advocacy and Support Services (FASS), including new court locations and increased mental health supports.
• $2.4 million for providers to expand Domestic Violence Units (DVU) with dedicated mental health support and increased outreach to women in regional or remote areas.
  

For more information, see Record $95 million boost to legal help sector on the NSW government website.

Confidence guaranteed as we get back to work

The NSW Government has committed to provide a Summer Holiday Stock Guarantee for Small and Medium Enterprises (SMEs) and will expand the Small Business Fees and Charges Rebate for all eligible small businesses.

Small and medium business owners will be able to open with confidence thanks to a suite of support measures from the NSW Government, as part of the Economic Recovery Strategy.

Under the SME Summer Holiday Stock Guarantee, eligible businesses with an annual turnover between $75,000 and $50 million will be able to apply for a grant of up to $20,000 to compensate for loss of perishable stock, or claim $10,000 for reduced capacity to sell non-perishable items if a local lockdown occurs and they are impacted.

The expanded Small Business Fees and Charges Rebate will be eligible for use until 30 June 2022.

For more information, see Confidence guaranteed as we get back to work on the NSW government website.

NSW on the road to reopening

NSW will take its first steps towards reopening as the State passes the 70 per cent double vaccination target.

With the first vaccination milestone being reached, the NSW Government is also easing a number of restrictions as part of the Reopening NSW roadmap, which will allow fully vaccinated adults to enjoy more freedoms from next Monday, October 11.

The changes to the 70 per cent roadmap will allow up to 10 visitors (not counting children 12 and under) to a home (previously five), lift the cap on outdoor gatherings to 30 people (previously 20), and increase the cap for weddings and funerals to 100 people (previously 50).

Indoor pools will also be re-opened for swimming lessons, squad training, lap swimming, and rehab activities.

On the Monday after the State clears the 80 per cent double vaccination hurdle further restrictions will be relaxed, with people able to have up to 20 visitors (excluding children 12 and under) to a home (previously 10), and up to 50 people will be allowed to gather outdoors (previously 20).

Up to 3,000 people will be allowed to attend controlled and ticketed outdoor events (previously 500), nightclubs will be permitted to reopen for seated drinking only (no dancing), and masks will no longer be required in office buildings. All roadmap freedoms at 70 and 80 per cent will continue to be for fully vaccinated people only.

All school students will also now return to on site learning with a range of COVID-safe measures in place by October 25, with the second and third stages of the return to school plan now combined. Kindergarten, Year 1 and Year 12 students will still return to face-to-face learning on October 18, with all other years now returning one week later on October 25.

For more information, see NSW on the road to reopening on the NSW Health website.

Changes to stay-at-home orders for regional NSW local government areas

Due to recent transmission of COVID-19, stay-at-home orders will be extended for Oberon LGA, Snowy Monaro Regional LGA, and for Menindee and Sunset Strip in the Central Darling Shire until 11 October.

Everyone in these areas must stay at home unless it is for an essential reason, which includes shopping for food, medical care, getting vaccinated, compassionate needs, exercise and work or tertiary education if you can’t work or study at home.

For more information, see Changes to stay-at-home orders for regional NSW local government areas on the NSW Health website.

The Federal Circuit and Family Court of Australia launches a Major Complex Financial Proceedings List 

From 1 October 2021, the new Major Complex Financial Proceedings List (MCFP) will manage family law matters involving complex financial disputes where the value of net asset pool is over $20 million.

The pilot program will operate in the Melbourne, Sydney and Brisbane registries of the Court.

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

NCAT introduces secure email delivery of sound recordings

From 1 October 2021, parties can request to receive a copy of the sound recording from NCAT by email. The parties will then have 14 days to download the file.

For more information, see the Media Release on the NCAT website.

Changes to stay-at-home orders for regional NSW local government areas

Due to recent transmission of COVID-19, stay-at-home orders were introduced for the Gunnedah LGA from midnight 4 October until 11 October. These stay-at-home orders also apply to anyone who has been in the Gunnedah LGA since 27 September.

Everyone in this area must stay at home unless it is for an essential reason, which includes shopping for food, medical care, getting vaccinated, compassionate needs, exercise and work or tertiary education if you can't work or study at home.

Stay-at-home orders for Cowra LGA were lifted as scheduled from Tuesday 5 October at 12:01am and for Port Macquarie LGA at 11:59pm.

For more information, see Changes to stay-at-home orders for regional NSW on the NSW Health website.

Further changes to stay-at-home orders for regional NSW local government areas

Stay-at-home orders will be implemented and extended for a number of areas in regional NSW due to the ongoing COVID-19 public health risk.

Stay-at-home orders will be implemented from midnight 4 October until 11 October in the following parts of the Mid Coast local government area (LGA):

• postcode 2430 (including Taree)
• postcode 2428 (including Forster and Tuncurry).
  

These stay-at-home orders also apply to anyone who has been in these areas since 27 September.

Stay-at-home orders will be extended for Muswellbrook LGA until 11 October.

For more information, see Further changes to stay-at-home orders for regional NSW local government areas on the NSW Health website.

New 'study bubbles' for HSC students

HSC students will be allowed to study at school with four of their peers, in the lead-up to the HSC exams which start on 9 November 2021.

From Tuesday, 5 October Year 12 students and those completing HSC exams this year will be able to meet in groups of five at school in a “study bubble”, in line with NSW Health advice.

The HSC study group can comprise of no more than five students from within the same daily scheduled groupings or study sessions. They must be the same five students for the day; and students in a bubble cannot move between or mingle with other study bubbles during the day.

A study bubble is separate from the buddy bubble for students aged under 18, announced last week.

For more information, see New 'study bubbles' for HSC students on the NSW Education website.

Stay-at-home order introduced for Lismore

A stay-at-home order for Lismore Local Government Area (LGA) will be introduced from midnight 3 October until 11 October 2021 due to an increased COVID-19 public health risk.

This stay-at-home order will also apply to anyone who has been in Lismore LGA since 28 September 2021.

Everyone in this area must stay at home unless it is for an essential reason, which includes shopping for food, medical care, getting vaccinated, compassionate needs, exercise and work or tertiary education if you can't work or study at home.

For more information, see Stay-at-home order introduced for Lismore on the NSW Health website.

New public health advice for NSW reopening

New public health advice sets out how NSW will continue to tackle COVID-19 as the state begins to reopen when it reaches the 70 per cent double dose vaccination target.

Health Minister Brad Hazzard said while high vaccination rates were the key factor in the roadmap to recovery, COVID-19 will continue to circulate in the community.

Some of the key public health advice for the general community will be:

• Everyone, vaccinated and not vaccinated, is urged to get tested if you have any symptoms of COVID-19 and immediately self-isolate until a negative result is received.
• Whether you are vaccinated or not vaccinated, if you test positive for COVID-19 you must self-isolate for 14 days.
• Close contacts in the community will include household members of positive cases and close social contacts of positive cases, such as partners and friends, who you spent time in close proximity with, even if fully vaccinated. Anyone may also be assessed as a being a close contact following a risk assessment, including at workplaces, high-risk settings, such as healthcare and aged care, and other specific settings such as schools and child care centres, or where an outbreak has been identified.
• If you are a close contact of a positive case and vaccinated, you must get tested and self-isolate for seven days. On day six after exposure, you must get tested again. If a negative result is received and you are well, you can end isolation after day seven. For the following seven days you must work from home where practicable, not attend hospitality settings, and not attend a high-risk settings even if it is your place of work.
• If you are a close contact of a positive case and not vaccinated you must get tested and immediately self-isolate for 14 days. On day 12, you should get tested again. If a negative result is received, you can end isolation after day 14.
• The Service NSW QR code check-in system will remain in place in the general community. This system will be used to notify people who were in the same venue as a positive case. People will be asked to monitor for symptoms and get tested if they become unwell. Other settings, including schools, workplaces and high-risk settings, such as healthcare and aged care, will have specific risk assessment approaches.
• People aged 16 years and over will only be allowed entry into some venues or settings if fully vaccinated, along with people with exemptions. In some venues, children under 16 will have to be accompanied by a fully vaccinated member of their household to enter. This includes hospitality venues, non-critical retail stores, personal services, sporting, recreation and entertainment facilities and events. Critical retail such as supermarkets and pharmacies will still be accessible to those not fully vaccinated. There are several options to show proof of COVID-19 vaccination or exemption.

Some of the key public health advice for the business community will be:

• If a staff member tests positive, whether they are vaccinated or not vaccinated, they must self-isolate for 14 days and follow the advice from NSW Health. Businesses will refer to their COVID-19 Safety Plan and risk assessment approach for further instructions on notifying other staff.
• Businesses must inform NSW Health if three or more employees test positive for COVID-19 in a seven-day period.
• NSW Health guidelines will enable businesses to assess workplace risk if a COVID-19 case is identified and confirm actions to be taken.
• Businesses can reduce the risk of closure or staff going into isolation by implementing rigorous COVID-19 Safety Plans. Other proactive steps businesses can take include ensuring staff are vaccinated and implementing regular onsite testing programs for workers.

With respect to vaccination compliance and obligations:

• Businesses will be responsible for taking reasonable measures to stop unvaccinated people entering premises. For example, having prominent signs stating requirements, Service NSW QR codes, staff checking vaccination status upon entry and only accepting valid forms of evidence of vaccination.
• Authorised officers will monitor businesses re-opening, particularly those that have vaccination requirements, for example hospitality, retail, gyms, and personal services (e.g. hair, beauty).
• Penalties may apply for individuals and businesses who don’t comply. On the spot fines of $1,000 may apply to individuals for not complying, or for using fraudulent evidence of vaccination or check-in. On the spot fines of $5,000 may apply to businesses for not complying with the Public Health Order vaccination requirements. Further penalties may apply for significant breaches.

For more information see New public health advice for NSW reopening on the NSW Health website.

Stay-at-home order introduced for Casino

A stay-at-home order for the suburb of Casino will be introduced from midnight 1 October until 11 October due to an increased COVID-19 public health risk.

This stay-at-home order will also apply to anyone who has been in Casino since 24 September.

Everyone in this suburb must stay at home unless it is for an essential reason, which includes shopping for food, medical care, getting vaccinated, compassionate needs, exercise and work or tertiary education if you can't work or study at home.

For more information, see Stay-at-home order introduced for Casino on the NSW Health website. 

Gladys Berejiklian resigns as NSW Premier

On 1 October 2021, Gladys Berejiklian resigned as NSW premier due to an Independent Commission Against Corruption investigation against her.

The Premier released a statement saying: 

"I was advised late yesterday afternoon the Independent Commission Against Corruption would today release a public statement in which it will state it is investigating allegations made about me concerning matters relating to the former member for Wagga Wagga. The people of New South Wales need certainty as to who their leader is during these challenging times of the pandemic. I cannot predict how long it will take the ICAC to complete this investigation, let alone deliver a report, in circumstances where I was first called to give evidence at a public hearing nearly 12 months ago. Therefore, it pains me to announce that I have no option but to resign the office of Premier. My resignation will take effect as soon as the New South Wales liberal party can elect a new Parliamentary leader.

In order to allow the new leader and government a fresh start, I will also resign from the New South Wales Parliament once I have consulted the electoral commission on appropriate timing for a by-election given the COVID restrictions."

For the full statement, see Gladys Berejiklian statement on the NSW Government website. 

New guide to help separating couples resolve joint debts

The Attorney-General and Minister for Foreign Affairs has announced a new online resource ‘Separating with debt: a guide to your legal options’ to provide family law and consumer credit law information, options and referral points for separating couples.

The guide assists separating couples, including those experiencing financial abuse, to safely achieve fair outcomes when dividing responsibility for joint and other debts without going to court, and at different stages of separation.

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

Non-urgent elective day surgery to recommence at private facilities in Greater Sydney

Due to declining community transmission of COVID-19 and increasing vaccination rates within NSW, non-urgent day surgery will recommence from Tuesday 5 October at private facilities where it has been temporarily postponed.

Day surgery (surgery that does not require the patient to stay in hospital overnight) will recommence for both public and private patients in private facilities only.

Staff from private hospitals across Greater Sydney, including the Blue Mountains, Central Coast and Wollongong, as well as some regional locations, are being deployed to assist the NSW Government’s response to the current COVID-19 outbreak. This includes the large-scale vaccination effort currently underway and supporting workforce demands in the NSW public health system.

For more information, see Non-urgent elective day surgery to recommence at private facilities in Greater Sydney on the NSW Health website.

Stay-at-home orders introduced for Kyogle and Narromine

Stay-at-home orders for the Kyogle and Narromine Local Government Areas (LGAs) will be introduced from midnight tonight (Thursday) until 11 October due to an increased COVID-19 public health risk.

These stay-at-home orders will also apply to anyone who has been in the Kyogle LGA since 21 September and the Narromine LGA since 28 September.

For more information, see Stay-at-home orders introduced for Kyogle and Narromine on the NSW Health website.

Changes to stay-at-home orders for regional NSW local government areas

Stay-at-home orders will be extended until 11 October for a number of local government areas (LGAs) in regional NSW due to the ongoing COVID-19 public health risk.

Stay-at-home orders will be extended for the following LGAs until 11 October: Bathurst Regional, Bourke, City of Broken Hill, Central Coast, City of Cessnock, Dubbo Regional, Eurobodalla, Goulburn Mulwaree, Kiama, City of Lake Macquarie, City of Lithgow, City of Maitland, City of Newcastle, Port Stephens, Queanbeyan-Palerang Regional, City of Shellharbour, City of Shoalhaven, and Wingecarribee.

Due to recent transmission of COVID-19, stay-at-home orders will be introduced for the Snowy Monaro LGA from 3pm today (Thursday) for seven days. These stay-at-home orders also apply to anyone who has the Snowy Monaro LGA since 22 September.

Stay-at-home orders will be lifted, as scheduled, from tomorrow, Friday 1 October, for Mid-Western Regional, Hilltops and Walgett LGAs.

For more information, see Changes to stay-at home orders for regional NSW local government areas on the NSW Health website. 

Stay-at-home orders in introduced for Oberon

Stay-at-home orders for the Oberon Local Government Area (LGA) will be introduced from 6pm today for seven days due to an increased COVID-19 public health risk.

This stay-at-home order will also apply to anyone who has been in the Oberon LGA since 20 September.

Everyone in this LGA must stay at home unless it is for an essential reason, which includes shopping for food, medical care, getting vaccinated, compassionate needs, exercise and work or tertiary education if you can’t work or study at home

For more information, see  Stay-at-home orders in introduced for Oberon on the NSW Health website.

NSW school return brought forward

Schools will begin their staggered return to face-to-face learning on Monday 18 October, one week earlier than initially planned, thanks to the heroic vaccination efforts of NSW.

Students will now return to face-to-face learning with NSW Health approved COVID-safe settings on the following dates:

• from 18 October – Kindergarten, Year 1 and Year 12
• from 25 October – Year 2, 6 and 11
• from 1 November – Year 3, 4, 5, 7, 8, 9 and 10

Premier Gladys Berejiklian said the return-to-school plan was always linked to the vaccination rates of the community, and thanks to faster vaccination rates than expected, students would be able to return to the classroom sooner.

Areas of Regional NSW where stay at home orders have already been lifted will continue learning face-to-face from Day 1, Term 4.

For more information, see School return brought forward on the NSW Department of Education website.

Stay-at-home orders introduced for Port Macquarie and Muswellbrook, Kempsey stay-at-home order lifted

Stay-at-home orders for the Port Macquarie and Muswellbrook Local Government Areas (LGAs) will be introduced from 6pm today for seven days due to an increased COVID-19 public health risk.

These stay-at-home orders will also apply to anyone who has been in the Port Macquarie and Muswellbrook LGAs since 17 September and 22 September respectively.

Everyone in these LGAs must stay at home unless it is for an essential reason, which includes shopping for food, medical care, getting vaccinated, compassionate needs, exercise and work or tertiary education if you can’t work or study at home.

The stay-at-home order for Kempsey LGA will be lifted, as scheduled, at midnight tonight. However, this order may be reintroduced if new information indicates an increased public health risk.

For more information, see Stay-at-home orders introduced for Port Macquarie and Muswellbrook on the NSW Health website. 

Visits to nursing homes allowed from 11 October 2021 for the fully vaccinated

From 11 October, aged care residents will be allowed two visits per day. All visitors must be over the age of 12 and fully vaccinated. 

NSW is developing a plan for COVID-safe visits for children under 12 years of age.

For more information, see COVID-19 (Coronavirus) statistics on the NSW Health website.

Roadmap to recovery reveals path forward for all NSW

From the Monday after NSW hits the 80 per cent (aged 16 and over) double dose vaccination target, eased restrictions will allow those who are fully vaccinated to have up to 10 people visit their home, participate in community sport, and access hospitality venues (where drinking while standing up will be allowed indoors). All premises will operate at 1 person per 4sqm indoors, and 1 person per 2sqm outdoors.

Given updated health advice, adjustments have been made to the 70 per cent roadmap. Regional travel will now not be allowed until 80 per cent (fully vaccinated only), and a booking cap has been introduced for hospitality venues of 20 people per booking.

Deputy Premier John Barilaro said the NSW Government is considering changes to incoming international arrival caps, so more people can return home for Christmas.

From 1 December further changes will be introduced including all venues moving to the 2sqm rule, masks will not be required indoors at offices, indoor pools and nightclubs can reopen, and unvaccinated people will have greater freedoms.

For more information, see Roadmap to recovery reveals path forward for all NSW on the NSW Health website.

Stay-at-home orders extended for Cowra and lifted for Yass

Stay-at-home orders have been extended for the Cowra Local Government Area (LGA), due to the risk of ongoing COVID-19 transmission.

The stay-at-home orders introduced on 20 September have been extended for seven days until 12:01am 5 October 2021.

The stay-at-home orders for Yass Valley LGA was lifted at 12:01am 28 September 2021.

For more information, see Stay-at-home orders extended for Cowra on the NSW Health website.

Stay at home orders lifted for Tweed and Byron Shire local government areas

Stay-at-home orders for the Tweed and Byron Shire Local Government Areas will be lifted as scheduled at 12:01am 29 September 2021.

However, these LGAs will continue to operate under some restrictions to ensure community safety. 

For more information, see Stay at home orders lifted for Tweed and Byron Shire local government areas on the NSW Health website.

COVID-19 restrictions ease for construction sites

From Monday 27 September, all construction sites in Greater Sydney, including the Blue Mountains and Wollongong, can resume with 100% of workers on site adhering to 1 person per 4 square metres. This includes sites in the LGAs of concern.

If you live in or are temporarily staying in a LGA of concern, you must not enter a construction site in Greater Sydney unless you have had:

• 2 doses of a COVID-19 vaccine
• 1 dose of a COVID-19 vaccine at least 21 days ago 
• 1 dose of a COVID-19 vaccine within the past 21 days & been tested for COVID-19 in the past 72 hours or  
• evidence of medical exemption & been tested for COVID-19 in the past 72 hours.
  

Stay-at-home orders lifted for Gilgandra, Brewarrina and Narromine

Stay-at-home orders will no longer apply to three LGAs which have been deemed low-risk and have not recorded any COVID-19 cases or positive sewage detections for 14 days.

The orders were lifted for Gilgandra and Brewarrina LGAs at midnight 22 September, and will be lifted for the Narromine LGA from Saturday 25 September, provided Narromine has no cases or sewage detections before then.

However, these LGAs will continue to operate under some restrictions to ensure community safety. 

For more information, see Stay-at-home orders lifted for Gilgandra, Brewarrina, Narromine local government areas on the NSW Health website.

Stay-at-home orders lifted for Glen Innes and Orange, orders extended in Hilltops

Stay-at-home orders for Glen Innes and Orange LGAs will no longer apply from midnight 23 September 2021.

However, they will continue to operate under some restrictions to ensure community safety. 

Stay-at-home orders for Hilltops LGA, including Young, will be extended for a further seven days from Friday 24 September 2021 due to ongoing transmission in the area.

For more information, see Stay-at-home orders lifted for two NSW Local Government Areas on the NSW Health website.

Stay-at-home orders lifted for Albury and Lismore

The stay-at-home orders introduced last week for the Albury and Lismore Local Government Areas (LGAs) will no longer apply from midnight 22 September 2021.

However, these LGAs will continue to operate under some restrictions to ensure community safety.

For more information, see Stay-at-home orders lifted for Albury and Lismore Local Government Areas on the NSW Health website.

Stay-at-home orders for Kempsey, Byron and Tweed LGAs

Stay-at-home orders will be introduced for the Kempsey, Byron Shire and Tweed Local Government Areas (LGAs) from 5pm 21 September 2021 for seven days due to an increased COVID-19 public health risk.

These stay-at-home orders also apply to anyone who has been in an affected LGA since the following dates:

• Kempsey LGA - 14 September
• Byron LGA - 18 September
  
• Tweed LGA - 18 September.
  

Everyone in the affected LGAs must stay at home unless it is for an essential reason, which includes shopping for food, medical care, getting vaccinated, compassionate needs, exercise and work or tertiary education if you can't work or study at home.

People who are fully vaccinated can attend an outdoor gathering of up to five people for exercise or outdoor recreation, as long as all of those aged 16 or older are fully vaccinated.

For more information, see Stay-at-home order for Kempsey Byron Tweed LGAs on the NSW Health website.

Under 18s allowed to visit their friends

Children and teenagers aged 18 years and under will be able to create a ‘friends bubble’ to allow home visits provided the adults in their homes are fully vaccinated, under an easing of restrictions for school holidays.

From 12 noon today, 21 September, people aged 18 years and under who live in stay-at-home areas and areas of concern across NSW will be able to create a bubble of three friends and visit each other’s homes for play and activity, subject to the following conditions: 

• each child is allowed to have two designated friends come to their house. These two friends must always be the same, creating a three-person “friends bubble”;
• all people older than 18 years in all the households must be fully vaccinated;
• the friends must reside within 5km of each other or in the same LGA; and
• if parents/carers are dropping children off, they must not stay to interact with other parents or carers.
  

For more information, see 'Friends bubble' created for children to allow visits in time for school holidays on the NSW Government website. 

Hilltops, Glen Innes and Cowra return to lockdown

Stay-at-home orders have been reintroduced for the Hilltops and Glen Innes Local Government Areas (LGAs) from 6pm today (Friday) for seven days due to an increased COVID-19 public health risk. 

These stay-at-home orders also apply to anyone who has been in the Hilltops LGA including Young and surrounding areas since 3 September, and the Glen Innes LGA since 13 September.

Stay-at-home orders have also been introduced for the Cowra Local Government Area (LGA) from 5pm 20 September for seven days due to an increased COVID-19 public health risk.

These stay-at-home orders also apply to anyone who has been in the Cowra LGA since 13 September.

Everyone in these LGAs must stay at home unless it is for an essential reason, which includes shopping for food, medical care, getting vaccinated, compassionate needs, exercise and work or tertiary education if you can't work or study at home.

People who are fully vaccinated can attend an outdoor gathering of up to five people for exercise or outdoor recreation, as long as all of those aged 16 or older are fully vaccinated.

For more information see Public health alert - Stay-at-home Order for Cowra LGA  and Public health alert -Stay at home order for Hilltops and Glen Innes LGAs on the NSW Health website.

Restrictions ease in LGAs of concern

Restrictions in local government areas of concern have started to align with other lockdown areas, as vaccination rates continue to rise in Sydney’s West and South-West. 

From 12.01am Monday, 20 September, the following restrictions have eased for those who live in LGAs of concern:

• no limit on the duration of outdoor exercise and recreation (previously a two-hour limit);
• outdoor gatherings of up to five fully vaccinated people (not including children aged 12 and under) will be allowed in a person’s LGA or within 5km of home (previously only fully vaccinated household members could gather outdoors, or up to two fully vaccinated people from different households);
• shopping, exercise and outdoor recreation can be done 5km from home or within your LGA (previously only 5km from home);
• attend a small wedding (maximum 11 people) in Greater Sydney as a guest (previously only allowed in their LGA); and
• a person’s single’s bubble buddy can live in Greater Sydney (previously must have resided within 5km of a person’s home). A person from a LGA of concern can also now be a buddy for someone in Greater Sydney.

Nearly all restrictions in the LGAs of concern are now aligned with other lockdown areas, with the main differences being authorised worker conditions and travel permit requirements which remain in place in the LGAs of concern. 

For more information, see Restrictions to ease in LGAs of concern on the NSW government website.

NSW Queensland border bubble reinstated

Northern border residents will be able to cross the Queensland border from 1am on Monday 13 September for essential work and essential reasons with the reinstatement of the border bubble, following discussions between the NSW and Queensland Governments.

Deputy Premier and Minister for Regional NSW John Barilaro said an agreement to include 12 Local Government Areas (LGAs) in the border bubble was reached following discussions with Queensland Deputy Premier Steven Miles.

The 12 LGAs included in the border bubble are Ballina, Byron Bay, City of Lismore, Clarence Valley, Glen Innes Severn, Gwydir, Inverell, Kyogle, Moree Plains, Richmond Valley, Tenterfield and Tweed.

As outlined by the Queensland Government today, NSW residents can cross the border for essential work, school, essential shopping, medical reasons or caring for people.

For more information, see NSW Queensland border bubble reinstated on the NSW Government website.

Domestic violence complainants now protected from direct cross-examination by alleged perpetrators in court

A new section in the Criminal Procedure Act 1986 now prevents unrepresented defendants from directly cross-examining complainants in domestic violence criminal proceedings and related apprehended violence order proceedings. If a self-represented accused seeks to question a complainant, the court will instead appoint a suitable person to ask the questions on the accused’s behalf. This protection commenced on 1 September 2021.

For more information, see the factsheet on the Department of Communities and Justice website.

Stay-at-home order for Yass Valley Council

Stay-at-home orders will apply to all people who live in the Yass Valley Council area or have been there on or after Thursday 9 September.

Everyone in these areas must stay at home unless it is for an essential reason.

The reasons you may leave your home include:

• shopping for food or other essential goods and services
  
• medical care or compassionate needs (people can leave home to have a COVID-19 vaccination unless you have been identified as a close contact)
  
• if you are fully vaccinated, you can attend an outdoor gathering of up to five people for exercise or outdoor recreation so long as all those at the gathering aged 16 years or over are fully vaccinated
  
• work, or tertiary education, where you cannot work or study from home
  
• to attend a wedding or a funeral. A maximum of 11 people can attend a wedding service. This means a maximum of five guests, the two people being married, the two witnesses, the celebrant or officiant, and one person recording the service. A maximum of 10 people can attend a funeral.

You must wear a face mask in all indoor or outdoor areas, other than a place of residence. This includes when you are on a street, in a park, at the shops or at work. There are limited exceptions, such as where you are in a vehicle with members of your household or your nominated visitor ('singles bubble'), when exercising, when eating or drinking, and in emergencies.

For more information, see Stay-at-home order for Yass Valley Council on the NSW Health website.

Roadmap to freedom unveiled for the fully vaccinated

Stay-at-home orders for adults who have received both doses of the COVID-19 vaccine will be lifted from the Monday after NSW passes the 70 per cent double vaccination target, under the roadmap to freedom released today.

The roadmap is subject to further fine-tuning and health advice if circumstances change drastically or if cases within a designated area remain too high.

Gatherings in the home and public spaces:

• Up to five visitors will be allowed in a home where all adults are vaccinated (not including children 12 and under).
• Up to 20 people can gather in outdoor settings. 
  

Venues including hospitality, retail stores and gyms:

• Hospitality venues can reopen subject to one person per 4sqm inside and one person per 2sqm outside, with standing while drinking permitted outside.
• Retail stores can reopen under the one person per 4sqm rule (unvaccinated people will continue to only be able to access critical retail). 
• Personal services such as hairdressers and nail salons can open with one person per 4sqm, capped at five clients per premises. 
• Gyms and indoor recreation facilities can open under the one person per 4sqm rule and can offer classes for up to 20 people. 
• Sporting facilities including swimming pools can reopen.
  

Stadiums, theatres and major outdoor recreation facilities:

• Major recreation outdoor facilities including stadiums, racecourses, theme parks and zoos can reopen with one person per 4sqm, capped at 5,000 people. 
• Up to 500 people can attend ticketed and seated outdoor events.
• Indoor entertainment and information facilities including cinemas, theatres, music halls, museums and galleries can reopen with one person per 4sqm or 75 per cent fixed seated capacity. 
  

Weddings, funerals and places of worship: 

• Up to 50 guests can attend weddings, with dancing permitted and eating and drinking only while seated.
• Up to 50 guests can attend funerals, with eating and drinking while seated.
• Churches and places of worship to open subject to one person per 4sqm rule, with no singing. 
  

Travel: 

• Domestic travel, including trips to regional NSW, will be permitted.
• Caravan parks and camping grounds can open.
• Carpooling will be permitted.

Masks:

• Masks will remain mandatory for all indoor public venues, including public transport, front-of-house hospitality, retail and business premises, on planes and at airports. 
• Only hospitality staff will be required to wear a mask when outdoors.
• Children aged under 12 will not need to wear a mask indoors. 
  

For more information, see Roadmap to freedom unveiled for the fully vaccinated on the NSW Government website.

Lockdown lifted in parts of regional NSW

Parts of regional NSW currently deemed low risk and which have seen zero COVID cases for at least 14 days will emerge from lockdown at 12:01am Saturday 11 September, but will continue to operate under restrictions to ensure the safety of regional communities.

Local Government Areas (LGAs) still seeing COVID case numbers will continue to follow stay-at-home orders.

The following freedoms will be available to all people in regional LGAs where stay-at-home orders have lifted:

Gatherings in the home and public spaces:

• Up to five visitors will be allowed in a home (not including children 12 and under).
• Up to 20 people can gather in outdoor settings. 
  

Venues including hospitality, retail stores and gyms:

• Hospitality venues can reopen subject to one person per 4sqm inside and one person per 2sqm outside, with standing while drinking permitted outside.
• Retail stores can reopen under the one person per 4sqm rule.
• Personal services such as hairdressers and nail salons can open with one person per 4sqm, capped at five clients per premises.
• Gyms and indoor recreation facilities can open under the one person per 4sqm rule and can offer classes for up to 20 people.
• Sporting facilities including swimming pools can reopen.
  

Schools will re-open with Level 3 COVIDSafe measures in place.

Stadiums, theatres and major outdoor recreation facilities:

• Major recreation outdoor facilities including stadiums, racecourses, theme parks and zoos can reopen with one person per 4sqm, capped at 5,000 people.  
• Up to 500 people can attend ticketed and seated outdoor events.
• Indoor entertainment and information facilities including cinemas, theatres, music halls, museums and galleries can reopen with one person per 4sqm or 75 per cent fixed seated capacity. 
  

Weddings, funerals and places of worship: 

• Up to 50 guests can attend weddings, with dancing permitted and eating and drinking only while seated.
• Up to 50 guests can attend funerals, with eating and drinking while seated.
• Churches and places of worship to open subject to one person per 4sqm rule, with no singing. 
  

Travel: 

• Caravan parks and camping grounds can open.
• Carpooling will be permitted.
  

Masks:

• Masks will remain mandatory for all indoor public venues, including public transport, front-of-house hospitality, retail and business premises, on planes and at airports. 
• Only hospitality staff will be required to wear a mask when outdoors.
• Children aged under 12 will not need to wear a mask indoors. 
  

For more information, see Lockdown lifted in parts of regional NSW on the NSW Government website.

Improving the visibility of superannuation assets in family law proceedings

The Federal Government has passed through Parliament legislation to improve the visibility of superannuation assets in family law proceedings.

The Treasury Laws Amendment (2021 Measure No. 6) Bill 2021 (Schedule 5) will allow the Australian Taxation Office (ATO) to release superannuation information to a family law court upon request.

To obtain this information, an applicant will have to be a party to a family law property proceeding and apply to a family law court registry to request their former partner’s superannuation information, held by the ATO. Parties will then be able to use this information to seek up-to-date superannuation information from their former partner’s superannuation fund.

For more information, see the media release on the Australian Government Attorney-General website.

COVID-19 economic support measures extended

The NSW Government announced an additional $3.9 billion in funding, including $1.5 billion from the Commonwealth, as part of its COVID-19 economic support package providing ongoing assistance to businesses and individuals affected by current lockdown restrictions across the State.

This additional funding will extend the successful JobSaver program and Micro-business Grant and continue rent relief incentives.

Additional relief for businesses will also be provided with further reductions in payroll tax as well as allowing eligible businesses to defer their payroll tax payments, due from July 2021 through to December 2021, until the 14 January 2022 with 12-month interest free repayment plans to be available.

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

The new Federal Circuit and Family Court of Australia officially commences

Today, 1 September 2021, marks the commencement of the Federal Circuit and Family Court of Australia (FCFCOA).

The new court is separated into two divisions:

• Division One is a continuation of the Family Court of Australia and it only deals with family law matters
• Division Two is a continuation of the Federal Circuit Court of Australia and it deals with family law, migration and other general federal law matters.

Family law matters

For family law matters, the creation of the new court has resulted in several changes, including:

• a single point of entry for all family law matters (Division two of the court)
• a new single set of court rules and forms, and
• a single purpose-built website.

It has also resulted in a new case management pathway for family law matters that:

• emphasises dispute resolution as a means of resolving matters
• increases the role that judicial registrars will play in the early stages of proceedings
• aims to ensure 90 per cent of cases a resolved within 12 months of coming to court.

For more information about the new case management pathway, including a diagram of it in practice, see What has changed with the new Federal Circuit and Family Court of Australia? on the FCFCOA website.

Transitional arrangements

Transitional arrangements have been put into place to assist the court to deal with matters that commenced prior to 1 September 2021.

Under these arrangements, generally the new court rules and procedures apply to:

• all matters started on or after 1 September 2021, and
• proceedings commenced prior to 1 September 2021 that have not been finalised.

However, the court has the discretion to dispense with the new rules at all times, including where they would operate unfairly or cause injustice.

Where practical, new forms should be used. However, the court has provided a 90 day grace period where parties can continue to use the old court forms if necessary. From 29 November 2021, new forms must be used - the court will no longer accept old forms.

For more information, see FCFCOA Practice Direction – Transitional Arrangements on the FCFCOA website.

LawAccess NSW Legal Information Resources

We are currently updating our resources with the changes. In the meantime, information and resources about matters in the Federal Circuit and Family Court of Australia can be found on the new court website, including:

• Forms
• Fees pages
  • Family law fees
  • General federal law fees
• Practice Directions
• Publications
• Family law
• Migration law
• General federal law
• Interpreter policy and guidelines

For more information about the new court, see the media releases

• The new Federal Circuit and Family Court of Australia officially commences
• What has changed with the new Federal Circuit and Family Court of Australia?

HSC in November and all students to return to school in Term 4

A staggered return of students to face-to-face learning will begin on Monday 25 October.

Students will return to face-to-face learning with NSW Health approved COVID safe settings on school sites in the following order:

• From 25 October – Kindergarten and Year 1
• From 1 November – Year 2, 6 and 11
• From 8 November – Year 3, 4, 5, 7, 8, 9 and 10

Year 12 students are already able to return in a limited way and this will continue for the remainder of Term 3. From 25 October, Year 12 will have full time access to school campuses and their teachers.

HSC exams will be delayed until November and vaccinations for school staff will be mandatory based on the return to school plan released by the NSW Government.

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

Lockdown extended for regional NSW and government announces new freedoms for those who are vaccinated

Stay-at-home orders in place for regional NSW will be extended by two weeks, until at least 11:59pm on 10 September, in line with existing orders for the Greater Sydney area.

People across NSW who have received both doses of a COVID-19 vaccine will be allowed more freedoms next month after NSW hit the target of six million jabs.

This is the first step in the roadmap and further freedoms will follow for those who have had the jab when the state hits new vaccination targets of 70 and 80 per cent. 

From 12.01am, Monday, 13 September:

• For those who live outside the LGAs of concern, outdoor gatherings of up to five people (including children) will be allowed in a person’s LGA or within 5km of home.
• For those who live in the LGAs of concern, and who have responded to the call out to get vaccinated, households with all adults vaccinated will be able to gather outdoors (including picnics) within the existing rules (for one hour only, outside curfew hours and within 5km of home).

As part of the roadmap when the following targets are hit, freedoms will be as follows:

• 70 per cent full vaccination: a range of family, industry, community and economic restrictions to be lifted for those who are vaccinated.
• 80 per cent full vaccination: further easing of restrictions on industry, community and the economy.

For more information, see New freedoms for vaccinated first step on state roadmap out of COVID on the NSW Government website.

End to blanket bans on pets in strata

From 25 August 2021, the NSW Government’s new laws will to put an end to blanket bans on animals in strata.

The changes follow a detailed review of the Strata Schemes Management Act 2015 (the Act) and extensive public consultation, focusing on the keeping of animals in strata schemes.

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

Construction fines for breaching public health orders

NSW Government SafeWork NSW officers will be out in force visiting construction sites across Sydney after sites in Marsden Park, Riverstone and Liverpool were issued with $40,000 in fines for COVID breaches.

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

Afghanistan update

Due to the rapidly deteriorating situation in Afghanistan, the Australian Government is arranging flights out of the country for Australian citizens, Permanent Residents of Australia, and their immediate family members.

Work is also being done to ensure that Afghan citizens who are eligible for Australia’s protection are processed and resettled as a priority.

For more information, see Afghanistan update on the Department of Home Affairs website.

If you are a refugee and you need legal advice about how you can help your family in Afghanistan, you can contact:

• the Legal Aid NSW Refugee Service, or
• the Refugee Advice and Casework Service.
  

New protections and compliance rules to carry NSW through vaccination targets

From 12.01am Monday, 23 August the following additional rules will apply for residents and businesses in the LGAs of concern (declared areas):

• curfews will be introduced from 9pm to 5am (except for authorised workers, emergencies or medical care) to help reduce the movement of young people
• outdoor exercise is limited to one hour per day
• the following retail premises must close except for click and collect: garden centres and plant nurseries, office supplies, hardware and building supplies, landscaping material supplies, rural supplies, and pet supplies (tradespeople are allowed to shop in-store where relevant); and
• all exams and other education or professional development related activities will move online, not including the HSC.
  
• the following new restrictions around workplaces and authorised workers from the LGAs of concern will be introduced:
  • childcare workers and disability support workers who live or work in the LGAs of concern must have their first vaccination dose by 30 August
  • authorised workers who work outside their LGA of concern are only permitted to work if rapid antigen testing is implemented at their work-site or they have had their first vaccination dose by 30 August.
  • from Saturday, 28 August, authorised workers from the LGAs of concern  are required to carry a permit from Service NSW declaring that they are an authorised worker and cannot work from home; and
  • from Saturday, 28 August, anyone entering an LGA of concern for the purposes of work must carry a worker permit issued by Service NSW.

From 12.01am Monday, 23 August, workers from the Canterbury-Bankstown, Cumberland and Fairfield LGAs will no longer have to have been tested for COVID-19 in the previous 72 hours to work outside their LGA.

Police will be given further powers for shutting down apartments if they are a COVID-19 risk and for enforcing the public health orders.

From Monday 23 August 2021 in Greater Sydney, mask wearing will be mandatory when outside your home, except when exercising

For more information, see New protections and compliance rules to carry NSW through vaccination targets on the NSW health website.

NSW Government extends financial support for tenants and landlords

The Residential Tenancy Support package will now be paid for a second month and eligible landlords can now apply for up to $3,000 to cover the two months from 14 July 2021, assuming they have reduced rent for their tenant by at least that much.

Landlords will also have the option to apply for the COVID-19 land tax benefit instead of applying for the Residential Tenancy Support Payment, which is an offset of the land tax liability equal to the rent reduction granted.

Eligible COVID-19 impacted residential tenants who cannot meet their residential rent payments will be protected from eviction during the moratorium period commencing from 14 July and finishing at the end of 11 September 2021.

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

Stay-at-home orders for all of NSW

New restrictions were introduced for all of regional NSW, effective from 5pm Saturday 14 August 2021 until 12.01am Sunday 22 August 2021.

This means the whole of New South Wales will be under stay at home restrictions.

Everyone must stay at home unless they have a reasonable excuse to leave. They also cannot have visitors in their home from outside their household, including family and friends.

People still can have one visitor at one time to fulfil carers' responsibilities or provide care or assistance, or for compassionate reasons, including where two people are in a relationship but do not live together.

All hospitality venues must be closed to the public, including pubs, restaurants and cafes, except for takeaway.

Retail premises are required to close except for:

• supermarkets and grocery shops
  
• shops that predominantly sell food or drinks eg butchers, bakeries, fruit shops and delicatessens, but does not include restaurants or cafes
  
• chemists and pharmacies
  
• kiosks
• shops that predominately sell office supplies, pet supplies, newspapers, magazines and stationery, alcohol, maternity and baby supplies, medical or pharmaceutical supplies
• food and drink premises, but only to sell takeaway
• cellar door premises, but only to sell takeaway
  
• hardware and building supplies
• landscaping material supplies
• rural supplies
• timber yards
• garden centres and plant nurseries,
• vehicle hire premises, not including the premises at which vehicles are sold
  
• shops that predominately carry out mobile phone repairs.

Service stations, banks, post offices, laundromats and drycleaners can remain open.

Anyone who leaves their home must carry a mask with them at all times. They must be worn when working outdoors, by all school staff, by all people in outdoor markets, outdoor shopping strips, and in an outdoor queues waiting for products such as coffee and food.

Every employer across NSW must require their employees to work from home unless it is not reasonably practicable.

It is a reasonable excuse to leave your home for work – but only if it is not practicable to work from home.

There will be a one-day 'grace period' for planned weddings and funerals in the regional areas that have not already been subject to a lockdown. Those events may go ahead until 12.01am on Monday 16 August 2021, but only with guests from areas that have not already been subject to a lockdown. From Monday, small funerals and memorial services of 10 persons only (excluding the persons conducting the service) will be permitted.

For more information see Stay-at-home orders for regional NSW from 5pm today on the NSW Health website.

Increased fines, Test and Isolate payments, and new compliance measures as NSW battles Delta

Increased fines of up to $5,000 for COVID breaches, $320 COVID-19 Test and Isolate Support Payments, permits to enter regional NSW and a heightened police presence have been introduced, as NSW continues to battle the Delta variant.

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

Tougher restrictions for Greater Sydney from Monday 16 August 2021

From 12:01am, Monday 16 August 2021, tougher restrictions apply for Greater Sydney. For those outside the declared areas of concern, shopping for foods, goods or services must be within your LGA or within a 5km radius of your home if they are in a different LGA. This is down from the previous 10km radius permitted.

Exercise and outdoor recreation must also be undertaken within your LGA or within 5km of your home if in another LGA.

If you live a declared area, outdoor recreation has been removed as a reasonable excuse to leave the house. Now you can leave home for exercise or to supervise children playing or exercising.

Everyone travelling to regional NSW from Saturday 21 August 2021 for authorised reasons must have a permit which will be available on Service NSW.

The authorised reasons which now require a permit include:

• authorised workers from LGAs of concern
• inspecting real estate
• travelling to a second home.

Anyone inspecting real estate in the regions must now "genuinely need a home to live in" with investment properties not included.

Travelling to a second home is only allowed if you are using the home for work accommodation or if the home requires urgent maintenance and repairs. If so, only one person may travel there.

Singles bubbles will require registration from 21 August 2021.

The NSW government announced substantial increases in fines for people found breaching restrictions. From Monday 16 August penalties now include:

• $5,000 on-the-spot fine for breaching self-isolation rules;
• $5,000 on-the-spot fine for lying on a permit (already a criminal offence);
• $5,000 on-the-spot fine for lying to a contact tracer (already a criminal offence);
• $3,000 on-the-spot fine for breaching the two-person outdoor exercise/recreation rule; and
• $3,000 on-the-spot fine for breaching rules around entry into regional NSW for authorised work, inspecting real estate and travelling to your second home.
  

New stay-at-home orders for Western NSW from 7pm 11 August

New restrictions will be introduced for the local government areas of Bogan, Bourke, Brewarrina, Coonamble, Gilgandra, Narromine, Walgett and Warren, effective from 7pm 11 August 2021 until the beginning of 19 August 2021.

Stay-at-home orders will apply to all people who live in these areas in Western NSW or have been there on or after 5 August 2021.

The rules for this area will be the same as those already in place across Greater Sydney, as well as Dubbo, Tamworth, Northern Rivers, Armidale, Newcastle, Lake Macquarie, Maitland, Port Stephens, Singleton, Dungog, Muswellbrook and Cessnock.

Everyone in these areas must stay at home unless they have a reasonable excuse to leave. They also cannot have social visitors in their home from outside their household, including family and friends.

People still can have one visitor at one time to fulfil carers' responsibilities or provide care or assistance, or for compassionate reasons, including where two people are in a relationship but do not live together.

For more information, see Stay-at-home orders – Western NSW on the NSW Health website.

Burwood, Strathfield and Bayside are now under tightened restrictions while Hunter area lockdown is extended

From 5pm Thursday 12 August 2021, Burwood, Strathfield and Bayside are now under tightened restrictions. Residents in these three areas join the 8 LGAs and some suburbs of the Penrith LGA who must follow tighter restrictions including:

• only shopping for food, goods and services within a 5km radius of home
  
• only exercising within a 5km radius of home
• wearing a mask in all outdoor areas except on residential premises 
• only authorised workers can leave their area to go to work.
  

Bexley, Banksia and Rockdale are identified in particular as suburbs where an increasing number of cases have been identified.

Due to an increase of cases in the Newcastle and Hunter areas, the current stay-at-home orders which were due to expire on Friday 13 August will remain in place for another week. 

Increased use of video conference hearings in NCAT proceedings

NCAT's Consumer and Commercial Division will be conducting more hearings over video.

From 16 August 2021, all tenancy and general matter conciliation and first listings will be held by video or telephone. Parties will have the option to join the video hearing or dial in.

Parties can use their smartphone, computer, laptop or tablet to join the video hearing. They can also dial into the hearing by telephone if they do not have access to another form of technology. Video is preferred because it allows the Member and parties to see each other. 

A group of similar matters will be listed at the same time. Parties should read the hearing notice carefully for important information about how and when to participate in the hearing. In these matters the parties must make contact with the Member in the hearing room. The Member will not be calling the parties.

For more information, see Increased use of video conference hearings on the NCAT website.

Lockdown announced for Dubbo LGA from 1pm 11 August

To protect the people of NSW from the evolving COVID-19 outbreak, new restrictions will be introduced for the Dubbo Local Government Area (LGA), which includes Wellington, Wongarbon, Geurie, Brocklehurst, Stuart Town, Mumbil and Eumungerie, effective from 1pm 11 August 2021 until the beginning of 19 August 2021.

Following updated health advice from NSW Chief Health Officer Dr Kerry Chant, stay-at-home orders will apply to all people who live in the Dubbo LGA or have been there on or after 1 August 2021.

The rules for this area will be the same as those already in place across Greater Sydney, as well as Tamworth, Northern Rivers, Armidale, Newcastle, Lake Macquarie, Maitland, Port Stephens, Singleton, Dungog, Muswellbrook and Cessnock.

Everyone in these areas must stay at home unless they have a reasonable excuse to leave. They also cannot have social visitors in their home from outside their household, including family and friends.

People still can have one visitor at one time to fulfil carers' responsibilities or provide care or assistance, or for compassionate reasons, including where two people are in a relationship but do not live together.

People also cannot enter the Dubbo LGA without a reasonable excuse to do so. 

For more information, see COVID-19 Statistics on the NSW Health website.

Stay-at-home Order for four NSW North Coast LGAs from 6pm Monday 9 August

New restrictions were introduced for the Byron Shire, Richmond Valley, Lismore and Ballina Shire Local Government Areas, effective from 6pm 9 August 2021 until 12.01am Tuesday 17 August.

Following updated health advice from NSW Chief Health Officer Dr Kerry Chant, stay-at-home orders will apply to all people who live in these areas or have been there on or after 31 July.

The rules for these areas will be the same as those already in place across Greater Sydney, as well as Tamworth, Armidale, Newcastle, Lake Macquarie, Maitland, Port Stephens, Singleton, Dungog, Muswellbrook and Cessnock.

Everyone in these areas must stay at home unless they have a reasonable excuse to leave. They also cannot have visitors in their home from outside their household, including family and friends.

People still can have one visitor at one time to fulfil carers' responsibilities or provide care or assistance, or for compassionate reasons, including where two people are in a relationship but do not live together.

For more information see Stay-at-home Order for four NSW North Coast LGAs from 6pm today on the NSW Health website. 

Stay-at-home Order for Tamworth from 5pm Monday 9 August 

New restrictions will be introduced for the Tamworth Local Government Area (LGA), effective from 5pm Monday 9 August until the 12:01am 17 August 2021.

Stay-at-home orders will apply to all people who live in the Tamworth LGA or have been there on or after Thursday 5 August.

The rules for this area will be the same as those already in place across Greater Sydney, as well as Armidale, Newcastle, Lake Macquarie, Maitland, Port Stephens, Singleton, Dungog, Muswellbrook and Cessnock.

Everyone in these areas must stay at home unless they have a reasonable excuse to leave. They also cannot have social visitors in their home from outside their household, including family and friends.

People still can have one visitor at one time to fulfil carers' responsibilities or provide care or assistance, or for compassionate reasons, including where two people are in a relationship but do not live together.

People also cannot enter Tamworth LGA without a reasonable excuse to do so.

There are two exemptions for Tamworth, including that weddings and funerals can take place in the Tamworth LGA until the beginning of 12 August. After that, weddings will not be permitted and funerals will be limited to 10 mourners.

For more information, see Stay-at-home Order for Tamworth from 5pm today on the NSW Health website.

Vaccinated construction workers from areas of concern can return to work from 11 August

Construction workers will be able to return to unoccupied work sites across NSW from Wednesday 11 August 2021 on the condition the sites remain at half capacity and workers from COVID-19 hotspots are vaccinated.

Deputy Premier John Barilaro has announced construction workers from Sydney’s eight worst-hit local government areas will be able to pick up the tools from Wednesday, for the first time since a snap ban took effect on July 17.

A strict vaccination and testing regime will be in place for the workers from the affected local government areas: Blacktown, Campbelltown, Canterbury-Bankstown, Cumberland, Fairfield, Georges River, Liverpool and Parramatta.

Stay-at-home orders announced for the Armidale LGA

New restrictions have been introduced for the Armidale Regional LGA including the major town of Armidale and the town of Guyra, from 5pm Saturday 7 August until 12.01am Sunday 15 August.

Following updated health advice from the Chief Health Officer Dr Kerry Chant about the growing risk to the community, stay-at-home orders will apply to all people who live in these areas, or have been there on or after 29 July 2021.

The rules for these areas are the same as those already in place across Greater Sydney, including the Central Coast, and Newcastle, Lake Macquarie, Maitland, Port Stephens, Singleton, Dungog, Muswellbrook and Cessnock.

Everyone in these areas must stay at home unless you have a reasonable excuse to leave.

For more information see COVID-19 (Coronavirus) statistics on the NSW Health website. 

Restrictions tightened for some Penrith LGA suburbs

From 5pm 8 August 2021, the suburbs of Caddens, Clarement Meadows, Colyton, Erskine Park, Kemps Creek, Kingswood, Mount Vernon, North St Marys, Orchard Hills, Oxley Park, St Clair, and St Mary’s are now considered be part of areas of concern and have additional restrictions.

People in the Penrith suburbs must only shop for food or other essential goods within 5 kilometres of their home and they cannot travel to other areas for work unless they are an authorised worker.

Masks must be worn at all times outside residential property.

HSC student vaccinations within identified LGAs

NSW Health, the Department of Education and the Non-Government School Sector are working together to ensure HSC students and Year 12 students who are completing school in 2021, and who go to school or live in the eight Local Government Areas (LGAs) of concern in Greater Sydney are vaccinated as a priority group. 

Students are eligible for the vaccination if they are aged 16 years and above, and enrolled to sit one or more Higher School Certificate subjects (or otherwise completing year 12 in 2021, including Year 12 TAFE) at a school located in Liverpool, Fairfield, Canterbury/Bankstown, Cumberland, Parramatta, Blacktown, Georges River or Campbelltown LGA OR have a permanent home address in one of the above LGAs but attend school elsewhere.

First dose priority vaccination appointments at the Qudos Bank Arena NSW Health Vaccination Centre will be available between 9 – 14 August 2021. 

For more information see HSC student vaccinations within identified LGAs on the NSW Education website.

Flexible school model for HSC students 

A flexible operating model for schools across Greater Sydney has been announced today, providing the opportunity for HSC students to access their schools safely from 16 August 2021.

Under the model, secondary schools will operate under an updated COVID safety plan, jointly developed by NSW Health and Education, to provide opportunities for essential curriculum delivery, wellbeing support and check-ins for HSC students as they complete their final year.

School assessments and trial exams will be completed at home across all schools in Greater Sydney.

Individual school plans will leverage their physical spaces and timetables to minimise mixing between students and support physical distancing and will only involve small groups of students at any one time. Clear guidelines will be provided to schools so they can create their plans.

HSC students living or learning in the eight LGAs of concern (Blacktown, Campbelltown, Canterbury-Bankstown, Cumberland, Fairfield, Georges River, Liverpool and Parramatta) will not return to school yet. HSC students from the LGAs of concern will also not return to school if they go to school outside those LGAs. Schools in the areas of concern will be asked to prepare for HSC students’ return in the coming weeks, allowing time for their vaccinations to be given and take effect.

For more information, see Flexible school model for HSC students on the NSW Education Standards Authority website.

Lockdown announced for Newcastle and the Hunter region

New restrictions will be introduced for Newcastle, Lake Macquarie, Maitland, Port Stephens, Singleton, Dungog, Muswellbrook and Cessnock from 5pm today (Thursday 5 August) until 12.01am Friday 13 August.

The rules in place for these areas are the same that are already in place across Greater Sydney, including the Central Coast. 

Everyone in these areas must stay at home unless it is for an essential reason. They also cannot have visitors in their home. This applies to all social visits from those outside your household, including family and friends. 

People still can have one visitor at one time to fulfil carers' responsibilities or provide care or assistance, or for compassionate reasons, including where two people are in a relationship but do not live together.

Stay at home orders extended and further restrictions announced

The NSW Government announced that the current stay-at-home orders will be extended across all of Greater Sydney including the Blue Mountains, Central Coast, Wollongong and Shellharbour until  Saturday, 28 August at 12.01am.

Everyone in Greater Sydney must stay at home unless it is for an essential reason. Georges River is now an LGA of concern and is subject to an Authorised Workers Order. Only authorised workers may leave their LGA for work. 

Construction in non-occupied settings outside of the LGAs of concern (with no residents on-site) will re-open as planned, subject to a one person per 4sqm rule. These low-risk construction sites must have COVID safe plans in place, compliance will be strictly enforced. Construction cannot resume in the eight LGAs of concern, nor will construction workers be allowed to leave these areas.

Trades people, including cleaners who are able to work with zero contact with residents will also be allowed to resume (no more than two people inside and five outside). If contactless arrangements are not possible, work cannot go ahead. This work will not be allowed in the eight LGAs of concern, nor will workers be allowed to leave these areas.

For more information, see COVID-19 updates on the Georges River Council website.

Further restrictions for some Sydney LGAs

Parramatta, Georges River and Campbelltown have been added to other high risk areas in Sydney facing tougher restrictions.

Anyone living in the following local government areas cannot leave their LGAs for work unless they are an authorised worker:

• Blacktown
• Campbelltown
• Canterbury-Bankstown
• Cumberland
• Fairfield 
  
• Georges River
• Parramatta.
  

Anyone living in these suburbs must wear a mask at all times when outside the home.

Residents must also stay within 5km of their home.

The NSW government has announced a singles bubble, which allows people living alone to be visited by one other person.

Police have increased powers to close premises such as work sites and businesses if they are not complying with the public health orders.

Major JobSaver boost to expand COVID-19 support

The joint NSW Government and Commonwealth JobSaver program will be significantly boosted to give greater support to businesses and individuals impacted by the extended lockdown. 

JobSaver payments will now be available to businesses with an annual turnover of between $75,000 and $250 million, up from $50 million, which have experienced a revenue decline of 30 per cent or more.

The maximum weekly payment has also been substantially increased, with employing businesses that maintain their employee headcount now able receive between $1500 and $100,000 per week, up from $10,000, with payments based on 40 per cent of their weekly NSW payroll. 

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

Pfizer vaccines for year 12 students in south west and western Sydney

Pfizer doses are being redistributed to south west and western Sydney due to the need to vaccinate Year 12 students in the LGAs most affected by the current COVID-19 outbreak and reduce the risk of the virus escaping into the regions from one of their household contacts, such as an authorised worker.

Up to 40,000 Pfizer doses will be allocated from NSW Health's rural and regional supply of COVID-19 vaccine to help Year 12 students in south west and western Sydney get back to school for face-to-face learning on 16 August.

The Pfizer doses will be sourced from supplies across rural and regional NSW to ensure no one area is impacted.

For more information, see Pfizer vaccines for year 12 students in south west and western sydney on the NSW health website. 

Certainty for the community as restrictions adjusted and vaccines ramped up

Given low vaccination rates, the current stay at home orders will remain in place for another four weeks (until Saturday, 28 August at 12.01am) across Greater Sydney including the Central Coast, Blue Mountains, Wollongong and Shellharbour.

This extra time will allow NSW residents to significantly increase the uptake of vaccines in areas most affected by the current outbreak and across the state.

Premier Gladys Berejiklian said higher vaccination rates and following the health orders are the only way to guarantee the further easing of restrictions.

From midnight tonight (28 July):

• Greater Sydney residents including the Central Coast, Blue Mountains, Wollongong and Shellharbour must limit their shopping to within their Local Government Area (LGA) or, if outside their LGA, within 10km from home, unless the item is not available locally
• Given localised case numbers, the Parramatta, Campbelltown and Georges River LGAs will join the five existing LGAs of concern which are subject to an Authorised Workers Order. Only authorised workers in these eight LGAs may leave their LGA for work. 

From 12.01am, Saturday, 31 July:

• Construction in non-occupied settings outside of the LGAs of concern (with no residents on-site) will re-open as planned, subject to a one person per 4sqm rule. These low-risk construction sites must have COVID safe plans in place, compliance will be strictly enforced. Construction cannot resume in the eight LGAs of concern, nor will construction workers be allowed to leave these areas.
• Trades people, including cleaners who are able to work with zero contact with residents will also be allowed to resume (no more than two people inside and five outside). If contactless arrangements are not possible, work cannot go ahead. This work will not be allowed in the eight LGAs of concern, nor will workers be allowed to leave these areas.
• A singles bubble will also be introduced, allowing people who live alone to nominate one designated family member or friend to visit for companionship. Restrictions will apply for people in the LGAs of concern.

Enforceable from 31 July 2021, all authorised workers from Canterbury-Bankstown LGA must get tested once every three days in order to leave their LGA for work. 

People who live in the Fairfield and Cumberland LGAs but work outside these areas as health or aged care workers (including support services for health or aged care, such as cleaners, cooks and security providers) must be tested once every three days in order to be allowed to go to work outside their LGA

Year 12 students are also set to return to face-to-face learning on Monday, 16 August, with the Government finalising plans for the resumption of in-class study under strict COVID protocols.

For more information, see Certainty for the community as restrictions adjusted and vaccines ramped up on the NSW Government website. 

TGA approves Pfizer COVID-19 vaccine for 12 to 15-year-olds

Australia’s COVID-19 vaccination rollout has taken another step forward with the Pfizer vaccine being approved for use in children aged 12 to 15 years.

The Therapeutic Goods Administration (TGA) has thoroughly, and independently, assessed the domestic and international evidence before extending its approval for the Pfizer vaccine to be administered to this age group.

Up until now, the Pfizer vaccine had only been approved for use in Australia for people aged 16 years and over.

For more information, see TGA approves Pfizer COVID-19 vaccine for 12 to 15-year-olds on the Australian Ministers Department of Health website.

Innovative solutions for fairer justice

Vulnerable groups seeking legal assistance will be better supported thanks to a NSW Government investment in artificial intelligence technology to help diagnose legal problems.

The Access to Justice Innovation Fund (AJIF) has awarded $174,000 to support not-for-profit organisation Justice Connect to build a language processing model to help an estimated 50,000 people across NSW who lack the legal literacy they may need when searching for legal resources and services online.

For more information, see the media release on the NSW Department of Communities and Justice website.

Council rates relief for bushfire victims extended for another six months

The NSW Government is continuing to support victims of the devastating 2019-20 bushfires, announcing $2.5 million to fund another six months of council rate relief for those who lost their main properties. 

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

Further restrictions for south-west Sydney 

Due to the emergence of further cases of community transmission in Sydney’s west and south-west, starting from 12:01am Saturday 24 July, people living the Cumberland and Blacktown Local Government Areas (LGAs) will only be allowed to leave their LGA if they are an authorised worker.

Surveillance testing every 72 hours applies to all authorised workers who live in the Fairfield LGA and, starting from midnight 23 JUly 2021, health and aged care workers who live in the Canterbury Bankstown LGA.

From 12.01am 23 July 2021, a person who lives in the Canterbury-Bankstown LGA can only work in health or aged care outside of the LGA if they have been tested for COVID-19 in the previous 72 hours. These workers include all those who work in aged care facilities and those who provide health services or ancillary or support services, including cleaners, cooks, and security providers.

For more information, see COVID-19 (Coronavirus) statistics on the NSW Health website.

Stay-at-home order for Orange, Blayney and Cabonne

To protect the people of NSW from the evolving COVID-19 outbreak, new restrictions will be introduced for the Orange City Council, Blayney Shire Council, and Cabonne Shire Council areas from 12.01am Wednesday July 21 until 12.01am Wednesday July 28.

Following updated health advice from the Chief Health Officer Dr Kerry Chant about the growing risk to the community, stay-at-home orders will apply to all people who live in the Orange City Council, Blayney Shire Council, and Cabonne Shire Council areas, or have been there on or after Saturday July 17.

Everyone in these areas must stay at home unless it is for an essential reason.

For more information, see Stay-at-home order for Orange, Blayney and Cabonne on the NSW Health website.

Two new vaccination centres open

Two new NSW Health vaccination centres have opened their doors, boosting the NSW Government’s contribution to the Federal Government’s vaccine rollout. The new centres are located in Belmont and Sydney CBD.

Mass vaccination centres at Macquarie Fields in Sydney’s south-west and Wollongong are set to open in the coming weeks. 

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

NSW Government assistance for renters and landlords

The NSW Government has announced new support for renters and landlords impacted by the COVID-19 lockdown, including up to $210 million in grants to eligible landlords.

Residential tenants will have greater protection with a targeted eviction moratorium, which will be implemented through legislative changes.  

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

Cancellation of paper certificates of title and 100% eConveyancing

The Office of the Registrar General has announced that from 11 October 2021 all certificates of title (CTs) will be abolished and land dealings must be lodged electronically by a lawyer or conveyancer subscribed to an Electronic Lodgment Network (ELN).  

The changes are made under the Real Property Amendment (Certificates of Title) Act 2021.

For more information, see Cancellation of certificates of title and 100% eConveyancing from 11 Oct 2021 on the Office of the Registrar General website.

NSW Births, Deaths and Marriages certificates to be printed on security paper

From Monday 1 August, 2021 all certificates issued by the NSW Registry for Birth, Deaths and Marriages will be printed on new security paper.

The new security paper has been introduced to make identity documents secure and protect Australians from identity crime. It has both visible and hidden features that make it almost impossible for identity thieves to copy, forge or tamper with.

For more information, see the media release.

Expanded Covid-Safe Check-In mandate takes effect

Customers and businesses are reminded that from 12 July 2021, the use of the NSW Government’s COVID-Safe Check-In will be mandatory at most workplaces and retail businesses in the State.

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

New online home for natural disaster support

Communities recovering from bushfires, floods and other natural disasters will now have access to a new one-stop-shop of vital information at Resilience NSW.

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

Mice plague household and small business rebates now available online

Households and small businesses impacted by the mouse plague across regional NSW can now claim rebates as part of the NSW Government’s $150 million Mouse Control Program by visiting the Service NSW website.

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

Retirement village reforms ease bill shock for residents

The next stage of the NSW Government’s comprehensive retirement village reforms came into effect on 1 July 2021 reducing ‘bill shock’ for residents by requiring village operators to be upfront with the costs of managing assets.

From 1 July 2021, village operators are required to:

• prepare and keep up-to-date a 10-year asset management plan for the village’s major items of capital (including items shared with other villages or aged care businesses),
• record certain information in the asset management plan,
• prepare a three-year report for the maintenance of major items of capital (extracted from the asset management plan), and include it in the annual budget process, and
• make the asset management plan available for all current and prospective residents at reasonable times.

These reforms are in addition to the changes introduced earlier this year, including improving access to exit entitlements, creating a new mechanism to support residents moving to aged care, and placing a 42-day cap on the payment of recurrent charges for general services.

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

New threshold for consumer guarantees

From 1 July 2021, the monetary threshold in the definition of ‘consumer’ in the Australian Consumer Law the (ACL) increased from $40,000 to $100,000.

This means that, from 1 July 2021, businesses which sell or supply goods or services which have a value up to $100,000.00 will be required to comply with consumer guarantees in the ACL.

For more information, see Consumer guarantees on the Australian Competition and Consumer Commission website. 

Next phase of apartment buyer protections commence

Apartment purchasers can have greater confidence to buy in NSW with new laws coming into effect on 1 July 2021.

The NSW Government’s landmark Design and Building Practitioners Act 2020 (DBP Act) revolutionises the way professional engineers, designers and builders work on multi-unit, multi-storey residential buildings (class 2 buildings).

Under the DBP Act, from today:

• Designers must declare that their designs comply with the Building Code of Australia and other relevant standards; 
• Builders must declare that their building work has been constructed in accordance with compliant designs; and 
• Declared designs must be lodged on the NSW Planning Portal before construction can begin.

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

NSW Government expands parental leave

NSW public sector employees who take on primary caregiving responsibilities for a child born on or after July 1 2021 will be able to access up to 14 weeks of paid parental leave, regardless of their gender. 

The expansion also offers the other parent of a new child two weeks’ paid parental leave at the time of birth, adoption or surrogacy.  This is an increase of one week from the existing entitlement.  The other parent will then be able to access the remaining 12 weeks’ paid parental leave if they become the primary caregiver and their partner has returned to work or study. 

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

Defamation reforms to become law

NSW last year became the first state or territory to pass nationally agreed defamation reforms designed to unclog courts from trivial claims and support public interest journalism. The reforms commence on 1 July 2021.

For more information, see the media release on the NSW Department of Communities and Justice website.

New combined drink and drug driving offence

A new offence has been introduced which attracts higher penalties for those caught both drink and drug driving at the same time.

This new offence targets those with the highest road safety risk and repeat offenders. This includes drivers who are detected with: 

• a middle or high range blood alcohol concentration combined with illicit drug presence, or 
• low, novice or special-range alcohol combined with illicit drug presence, if the driver has been convicted of a combined offence within the previous five years. 

Tougher penalties will apply for a combined offence, compared to those currently available for separate drink and illicit drug driving offences.

Penalties include increased fine levels and increased minimum disqualification periods. If the offence is a second or subsequent offence within five years, penalties are about double that of a first-time offence. 

Alcohol interlocks will be mandatory for people convicted of a combined drink and drug driving offence. Vehicle sanctions may also apply.

For more information, see Drink driving penalties on the Transport for NSW website.

Digitisation of warrants for possession

From Monday 24 May 2021, all warrants for possession issued by NCAT will be electronically transmitted to the Office of the Sheriff.

When a warrant for possession is issued, NCAT will now automatically send a copy of the warrant for possession to the Office of Sheriff. 

If a tenant does not leave the rented premises after NCAT has made an order for termination and possession, the landlord can:

• complete the Request to issue warrant for possession form
• email the form to the NCAT Registry
• receive notification from NCAT when the warrant for possession has been issued
• contact the Office of the Sheriff within 7 days to arrange for the warrant to be executed.

For more information, see Digitisation of warrants for possession on the NCAT website.

NCAT transitioning to increased face-to-face hearings 

With the continued easing of COVID-19 restrictions in NSW, the Tribunal will be transitioning to increased numbers of face to face hearings.

The Tribunal will begin listing more face to face substantive hearings in the Consumer and Commercial Division, Administrative and Equal Opportunity Division, Occupational Division and the Appeal Panel.

Parties are reminded to check their listing notices as to the manner of appearance for hearings which will be either in-person, by telephone or video conference, or a hybrid of these modes of appearance. 

For more information, see Coronavirus (COVID-19) on the NCAT website.

Security of Payment laws now apply to owner occupier contracts

The recent changes made under the Building and Construction Industry Security of Payment Regulation 2020 (NSW) allow security of payment laws to apply to owner occupier contracts entered from 1 March 2021.

Builders will now have additional paths to recover payment from an owner occupier. If an owner occupier fails to make payment in accordance with the legislation, the builder will have the option of commencing an adjudication application, and in some circumstances, commence court proceedings to recover the unpaid amount as a judgment debt.

For more information, see Recent changes to Security of Payment laws on the NSW Fair Trading website. 

Children’s Court introduces standardised orders for care and protection proceedings

The President of the Children’s Court has approved a set of standardised orders to be used in all care and protection proceedings from Tuesday, 3 May 2021.

The new orders have been drafted in plain English to improve their readability and are intended to promote consistency across the state.

A copy of the new orders has been published on the Children’s Court website.

For more information, see News on the Children’s Court website.

Stage 2 Defamation reform process begins

The second stage of the review of NSW defamation laws has commenced and it will examine the extent to which online digital platforms, such as search engines and social media sites, should be liable for reputation-damaging material published online. The review will also look at whether defamation law discourages people from reporting alleged crimes and unlawful conduct to police, disciplinary bodies and employers.

Anyone wishing to a make submission has until 19 May 2021.

For more information, see the Media release on the Department of Communities & Justice website.

COVID-19 eviction moratorium ends, transition period begins

The COVID-19 eviction moratorium period which began in April 2020 came to an end on 26 March 2021. However, a six-month transition period will follow. During the transition period there will be limited protections against eviction for tenants with COVID-induced arrears. 

The transition period is good news for impacted tenants – allowing them time to deal with arrears built up so far during the crisis.

For more information, see the media release on the Tenants' Union of NSW website.

New law protects pets from domestic violence

Domestic violence victim-survivors and their companion animals will have greater protections from abuse under new laws that commenced on 27 March 2021.

Amendments to the Crimes (Domestic and Personal Violence) Act 2007 will:

• change the definition of ‘intimidation’ to indicate explicitly that harm to, or harm threatened to, animals is a form of intimidation. (Intimidation is an existing criminal offence with a maximum penalty of five years’ imprisonment); and,
• prohibit harm to animals as a standard condition in all ADVOs and Apprehended Personal Violence Orders.

For more information, see the media release on the Department of Communities and Justice website.

Community safety at centre of forensic mental health reforms

The Mental Health and Cognitive Impairment Forensic Provisions Act 2020  (the “Act”) commenced on 27 March 2021. The new Act replaces the Mental Health (Forensic Provisions) Act 1990. 

The reform amends the language of the verdict ‘not guilty by reason of mental illness’. The new verdict will now be recorded as ‘act proven but not criminally responsible’.

The reforms have also introduced improvements to streamline the forensic mental health system, ensuring community safety is paramount while providing appropriate responses for offenders with a mental health impairment or cognitive impairment.

For more information, see the media release on the Department of Communities and Justice website.

COVID-19 restrictions to ease

From 12:01am Monday 29 March, the following will apply: 

• no caps on weddings and funerals
• no restrictions on singing including in places of worship
• no restriction on dancing including at weddings and in pubs and nightclubs
• no cap on visitors in the home (if there are more than 100 people there must be a COVID-19 Safety plan and electronic recording of visitor details)
• 200 people allowed for personal outdoor public gatherings
• all venues to move to the one person per 2sqm rule (venues will be allowed at least 25 people before the 2sqm rule applies)
• 100% seated capacity at entertainment venues including stadiums and theatres
• mask use including on public transport will move from ‘mandatory’ to ‘strongly recommended’.

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

Electronic signing options for dealings and plans extended to 31 December 2021

To assist customers during the pandemic, the option to sign dealings and plans electronically has been extended to the end of 2021.

Version 3 of the Conveyancing Rules – (COVID-19 Pandemic) Amendment was published on 18 March 2021, and will cease to apply on 31 December 2021.

For more information, see the media release on the Office of the Registrar General website.

New laws to overturn unfair child abuse payouts

Many survivors of institutional child abuse will be empowered to pursue fairer compensation, under reforms to be introduced to NSW Parliament.

The Civil Liability Amendment (Child Abuse) Bill 2021 will give the courts the power to set aside certain settlement agreements for sexual abuse, serious physical abuse other connected abuse and enable survivors to access the civil justice they deserve.

The Bill will also remove restrictions on personal injury claims for survivors of child abuse that occurred in custody.

For more information, see the media release on the Department of Communities and Justice website.

Personal Injury Commission officially opens

Navigating the complex dispute resolution system for injured workers and road users is now a lot easier, thanks to the State Government’s new Personal Injury Commission officially beginning its work on 1 March 2021.

The reforms do not change the compensation, benefits and entitlements in the original workers compensation and CTP schemes, ensuring minimal impact to insurance premiums and will offer certainty with business continuity.

It marked the official transition from the functions of the Workers Compensation Commission, SIRA’s Dispute Resolution Service (DRS), the Motor Accidents Claims Assessment (CARS) and the Motor Accidents Medical Assessment Service (MAS) to the Personal Injury Commission.

For more information, see the media release on the Department of Communities and Justice website.

AFCA complaint monetary limits updated

The Australian Financial Complaints Authority (AFCA) has changed its monetary limits for complaints made on or after 1 January 2021, including:

• the maximum value of a claim for compensation AFCA can hear
• the maximum size of a credit facility AFCA can consider a complaint about 
  
• the maximum amount AFCA can award a consumer or small business for complaints about banking and finance, general insurance, life insurance and investments and advice.

These changes do not affect superannuation complaints.

For more information, see the media release. 

Required dealings to be lodged electronically with the NSW Land Registry Services

In December 2020, the Registrar General announced new changes to the Conveyancing Rules to move towards electronic lodgment of Required Dealings.

From 22 March 2021, Required dealings must be lodged via an electronic lodgment network (ELN) with the NSW Land Registry Services unless a waiver form is provided. 

For more information, see the Media Release on the Office of Registrar General website. 

Opening of NCAT's Parramatta registry

On Monday 15 February 2021, Attorney General Mark Speakman officially opened NCAT's newest registry and hearing rooms in Parramatta.

For more information, see the media release on the Department of Communities and Justice website.

Digital photo card trial goes live in Penrith

NSW Photo Card holders who live in the Penrith area can now download a digital version of their identification through the Service NSW app.  

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

COVID-19 restrictions update effective midnight 12 February 2021

The following measures will be effective from 12:01am Friday, 12 February for the Greater Sydney region including Wollongong, Central Coast and Blue Mountains:

• 1 person per 2 square metres will apply at all venues, except for gyms. Weddings and funerals will still be subject to a 300 person cap.
• Masks will only be mandatory on public transport, but will strongly be encouraged in other indoor venues where social distancing is not possible.

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

Domestic violence and renting

The list of competent persons who can declare that a tenant or their dependent child is a victim of domestic violence has been expanded to include:

• a broader range of health care workers
• registered social workers
• an employee of a government agency that provides child welfare services
• an employee of a non-government agency receiving government funding to provide services relating to:
  • domestic violence or sexual assault
  • refuge or emergency accommodation
• a counsellor approved under the Victims Support Scheme
  
• a person prescribed by future regulations. 

For more information, see the media release on the Women’s Legal Service NSW website.

Updated restrictions effective midnight 29 January 2021

The Premier has announced an easing of restrictions from midnight 29 January 2021. This includes but is not limited to:

• Visitors to households will be increased to 30 guests – including children.
• Masks will be recommended but no longer compulsory at retail shopping venues. 
• Masks will remain compulsory for front-of-house hospitality staff, on public transport, in places of worship, hairdressers, beauticians and gaming rooms.
  

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

Changes to the bankruptcy threshold

On 1 January 2021, the minimum amount of money for which a creditor can make someone bankrupt changed to $10,000. 

The bankruptcy threshold of $10,000 applies to bankruptcy notices issued, or creditors’ petitions presented on, or after, 1 January 2021. 

The temporary debt protection period has also reduced from six months to 21 days.

For more information, see the media release on the Australian Financial Security Authority website.

Updated restrictions effective midnight 2 January 2021

From midnight 2 January 2021, the southern zone of the Northern Beaches will be subject to the same restrictions as Greater Sydney. Restrictions for the northern zone of the Northern Beaches remain the same with stay at home orders in place until 9 January 2021.

From 3 January 2021, face masks are mandatory in Greater Sydney (including Wollongong, Central Coast and Blue Mountains) in the following indoor settings:

• shopping (retail, supermarkets and shopping centres)
• on public/shared transport and waiting areas for public/shared transport
• indoor entertainment (including cinemas and theatres)
• places of worship
• hair and beauty premises
• visiting an aged care facility.
  

Face masks are also mandatory for all staff in hospitality venues, gaming areas in licensed premises (including casinos) and for patrons using gaming services.

Compliance will start from Monday 4 January 2021 with $200 on the spot fines for individuals for non-compliance.

Children under 12 are exempt but are encouraged to wear masks where practicable.

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

Updated restrictions effective midnight 30 December 2020

The Premier today announced new restrictions ahead of New Year's Eve celebrations tomorrow evening. 

Household gatherings have been reduced to a maximum of five people in Greater Sydney, Wollongong, the Central Coast and the Blue Mountains.

The maximum size of outdoor gatherings is now 30 people.

The changes will be enforced until further notice.

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

Restrictions for New Year's Eve celebrations

The CBD frontline worker fireworks vantage point offering is cancelled. Frontline workers will be offered another opportunity in 2021.

Hospitality venues will remain open but must adhere to the one person per four square metres rule.

Updated restrictions apply to Northern Beaches zones.

A short, seven minute fireworks display will continue at midnight and will be broadcast on ABC TV.

NSW Health strongly recommends people across NSW wear face masks indoors.

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

Restrictions for Greater Sydney, Central Coast and Wollongong

The NSW Government has imposed a number of rules and restrictions to Greater Sydney, the Central Coast and Wollongong from 12:01am Monday 21 December 2020 until 11:59pm Wednesday 23 December 2020.

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

Restrictions for Northern Beaches

The NSW Government has imposed a number of rules and restrictions to Sydney's Northern Beaches from 5:02pm Saturday 19 December 2020 until 11:59pm Wednesday 23 December 2020.

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

Coronavirus (COVID-19) restrictions update

Last updated 8 December 2020.

The following changes have been announced to COVID-19 restrictions:

• The NSW Government has announced a further easing of restrictions. From Monday 7 December 2020, the changes include:
  
  • For more information, see the media release on the NSW Government website.
    
  • the four square metre rule has been replaced by a two square metre rule, except in gyms and nightclubs. Gyms and nightclubs are allowed 1 person per four square metres, with a maximum of 50 people allowed in gym classes or on the dancefloor at nightclubs
    
  • stadiums and theatres can operate at 100% capacity if it's an outdoor seated venue and at 75% capacity for indoor seated venues. Outdoor venues with unstructured seating must follow the 1 person per two square metres rule
    
  • up to 100 people can gather outdoors in public spaces
    
  • up to 5,000 people can gather at outdoor events that are fenced, ticketed and seated (subject to the two square metre rule)
    
  • up to 3,000 people can gather for other organised outdoor events such as community sport or outdoor protests (subject to the two square metre rule)
    
  • maximum capacity caps will be removed for weddings, funerals, regional agricultural shows, corporate events and religious services (subject to the two square metre rule).
    

 

• The NSW Government will ease some COVID-19 restrictions. From Tuesday 1 December 2020, the changes include:
  • up to 50 people can gather at a residence if an outdoor space is being used
  • up to 30 people can gather at a residence if there is no outdoor area.
  • From 14 December 2020, the Public Health Order requiring employers to allow employees to work from home will be repealed. For more information, see the media release on the NSW Government website.

• The NSW Government will ease some COVID-19 restrictions. From Monday 23 November 2020, the changes include:
  
  • From 1 December 2020, up to 300 people can attend funerals. For more information, see the media release on the NSW Government website.
    
  • up to 500 people can attend an outdoor religious service, with restrictions
    
  • up to 3000 people can attend a controlled outdoor event such as a concert, with restrictions.

• The NSW Government will reopen the border to Victoria at 12:01am on Monday 23 November. For more information, see the media release on the NSW Government website.

• The NSW Government has announced that from Friday 23 October 2020, religious gatherings and places of worship (excluding weddings and funerals) can have up to 300 people attending. NSW gyms will only be required to have a COVID-19 safety marshal if there are more than 20 people in the gym at one time. For more information, see the media release on the NSW Government website.

• The NSW Government will ease some COVID-19 restrictions from Friday 23 October 2020.The changes include:
  
  • From 1 December 2020, 300 people can attend weddings, subject to the four square metre rule indoors and two square metre rule outdoors. For more information, see the media release on the NSW Government website.
    
  • up to 30 people can gather outdoors in public spaces
    
  • group bookings at hospitality venues will increase to 30 people.
    
  • Groups of up to 100 people will be able to gather for Remembrance Day services across NSW after the approval of a one-off exemption from COVID-19 restrictions. For more information, see the media release on the Department of Communities and Justice website.

• The NSW Government has increased the number of people permitted at outdoor music performances from 20 people to 500 people, subject to conditions. People must be seated and venues must comply with the 4 square metre rule. From Friday 16 October, hospitality venues will allow one person per 2 square metres in outdoor areas. Venues must comply with a COVID-19 Safety Plan and collect patron details. For more information, see the media release on the NSW Government website.

• The NSW Government has relaxed restrictions for entertainment venues from 28 September 2020. Theatres, cinemas and concert halls across NSW will be able to increase capacity up to 50%, to a maximum of 1000 tickets. Corporate events and function centres can now host up to 300 people, subject to the 4 square metre rule. Venues must comply with a COVID-19 Safety Plan and collect patron details. For more information, see the media release on the NSW Government website.

• The NSW Government will ease some COVID-19 restrictions for community sporting events, weddings and school activities. The changes include:
  • up to 20 people will be allowed to dance at weddings
    
  • parents can watch their children play at community sporting events
    
  • several restrictions on school activities will be lifted in Term 4. For more information, see the media release on the NSW Government website. 

New justice fund gives voice to legal chatbot

A Sydney Community Legal Centre is harnessing artificial intelligence to help disadvantaged clients under the NSW Governments Access to Justice Innovation fund. 

Marrickville Legal Centre launched the online chatbot NALA (New Age Legal Assistant). It answers commonly asked legal questions in real time, auto-generates documents for users and automates straightforward administrative tasks.

For more information, see the media release on the Department of Communities and Justice website.

New bill to address unfair child abuse payouts

Many survivors of institutional child abuse would be able to pursue fairer compensation under proposed new laws even if they have already received a civil settlement.

The Royal Commission into Institutional Responses to Child Sexual Abuse revealed harrowing stories of survivors forced into unfair settlements with institutions due to legal technicalities preventing them from seeking the justice they deserved.

The reforms remove limitation periods for child abuse claims, joining the National Redress Scheme and abolishing the technical legal barriers that allowed some institutions to avoid civil liability.

For more information, see the media release on the Department of Communities and Justice website.

Hospitals to conduct domestic violence screening

NSW has taken another step to improve women’s safety and wellbeing, launching a $1.8 million pilot program to screen for domestic violence in six hospital emergency departments.

This program will help identify domestic violence so that crucial steps can be taken to protect victim-survivors from harm.  

Emergency department staff are there to help so if a woman is identified as experiencing domestic violence, health workers will speak with her to better understand her needs and any concerns around wellbeing and safety.

For more information, see the media release on the Department of Communities and Justice website.

Putting more power into the hands of retirees

NSW retirement village residents will be protected by new laws that increase safeguards around the sale of their property and provide early access to their financial entitlements to meet the cost of moving into aged care.

More than 60 per cent of residents transition from villages directly into aged care accommodation. However, under the status quo, many can’t afford these costs if their unit does not sell quickly.

Under the reforms, the operator will need to cover a portion of the estimated sale price and pay this directly to the aged care provider, allowing a seamless transfer.

For more information, see the media release on the NSW government website.

Birth certificates available recognising adoption

Adopted people in NSW can now have birth certificates that include both their birth and adopted families following the commencement of landmark reforms.

IBCs record the names of both birth and adoptive parents and older siblings on a single certificate. Their introduction follows the passage of the Adoption Legislation Amendment (Integrated Birth Certificates) Act 2020 by the NSW Parliament in September this year.

There will be no additional cost for an IBC at the time of adoption. A person who is issued a post-adoptive birth certificate with an IBC will only be required to pay the fee for one certificate.

IBCs are also available for adoptions that occurred prior to 16 November 2020.

For more information, see the media release on the Department of Communities and Justice website.

Domestic violence reforms pass Parliament

Domestic violence victim-survivors will have greater safeguards in court while every Apprehended Domestic Violence Order (ADVO) will contain a new protection against animal abuse after the NSW Government’s domestic violence Bill passed Parliament this week.

NSW Parliament passed the following reforms that amend the Criminal Procedure Act 1986:

• Complainants in domestic violence criminal proceedings, and Apprehended Domestic Violence Order (ADVO) hearings arising from the same circumstances, will have a prima facie entitlement to give evidence in closed courts and remotely via audio-visual link.
• They will also, upon commencement of the relevant provision, no longer be personally cross‑examined by self‑represented defendants.
• Other parts of the domestic violence proceedings may also be heard in a closed court.
• A new jury direction for domestic violence criminal proceedings will state that the absence of complaint, or delay in reporting, by a domestic violence complainant should not necessarily be viewed as evidence suggesting the allegation is false.
  

For more information, see the media release on the Department of Communities and Justice website.

New police power to crack down on drug crime

The NSW Government has today passed the Drug Supply Prohibition Order Pilot Scheme Bill 2020 which will give police new powers to search convicted drug dealers and manufacturers as well as their properties to prevent drug supply and keep our communities safe.

A court issued DSPO will give police the power to search the homes, vehicles and person of convicted drug dealers at any time without multiple court warrants, if police have reasonable grounds to suspect that there is evidence of drug-related crime.

An application for an order may be made in relation to any person convicted of a serious drug offence, such as supply or manufacture of an indictable quantity, in the past ten years.

For more information, see the media release on the Department of Communities and Justice website.

Domestic violence defendants to be banned from cross-examining complainants in court

Complainants would no longer be personally cross‑examined by self‑represented defendants in domestic violence criminal proceedings and related Apprehended Domestic Violence Order (ADVO) hearings under a NSW Government amendment moved in Parliament to ban the practice.

This change – when coupled with our other reforms that provide victims with an option of giving evidence in a closed court, or remotely via audio visual link already contained in the Government’s Bill – would greatly improve complainants’ experience in court.

The amendment would be enacted no later than 1 September 2021, with intermediaries replacing self-represented defendants to question complainants. 

For more information, see the media release on the Department of Communities and Justice website.

NSW residents to receive $100 in vouchers to support local economy

The NSW Government's Out & About Scheme will rollout from January 2021. It will provide NSW residents over the age of 18 with four $25 digital vouchers.

The vouchers can be used at participating eligible businesses and venues who are registered as COVID Safe.  

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

Recognising pregnancies lost to criminal acts

The NSW Government is seeking community views on a suite of reforms to improve recognition of the loss of an unborn child as a result of a third party criminal act. On 10 November 2020, an Exposure Draft Bill was released for public consultation.

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

Reforms to National Natural Disaster Arrangements 

The Australian Government has announced major reforms as part of the response to the Royal Commission into National Natural Disaster Arrangements. The Royal Commission made 80 recommendations with over 50 involving the Commonwealth. 

For more information, see the media release on the Prime Minister of Australia’s website.

The Royal Commission into National Natural Disaster Arrangements publishes report 

The Royal Commission into National Natural Disaster Arrangements has published its report. The report makes 80 recommendations to improve Australia’s national natural disaster arrangements and make our nation safer.

For more information, see the media release on the Royal Commission into National Natural Disaster Arrangements’ website.

JobSeeker supplement to be extended

The Federal Government will extend temporary support through the social security system, for those Australians seeking work, for a further three months.

Both existing and new JobSeekers will be paid the Coronavirus Supplement at a rate of $150 per fortnight from 1 January 2021 through to 31 March 2021 on top of their base rate of payment and other supplements they are eligible to receive.

For more information, see the media release on the Prime Minister of Australia’s website.

Digital registration to become compulsory from 23 November

The NSW Government is urging venues to have a system for digital registration such as a QR code that records patrons’ names and contact details in place by 23 November 2020, or risk facing penalties.

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

Free tutoring to support students

For the first time in NSW, students will receive free tutoring in 2021 thanks to a $337 million program that is part of the NSW 2020-21 Budget. The program increases the ongoing support for students’ education after a disruptive school year.

The NSW Government is employing up to 5500 additional staff to deliver small-group teaching at every NSW Government school, as well as non-government schools with the most significant levels of need.

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

$120 million extra for free preschool program to help parents

Families and young children in NSW will benefit from an extra year of free preschool with the NSW Government announcing funding for preschools in 2021. The funding would provide up to 15 hours of free care per child each week and would allow many parents to continue working and supports them to divert family income into other essentials.

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

Green light for country shows to resume in NSW

Work is underway to ensure COVID safe measures are in place to allow up to 5000 people at any given time to attend country shows in 2021.

Safety measures will include social distancing at venues, controlled access at entry points throughout the show to minimise crowding, a limit to the number of attendees depending on venue size and the one person per 4 square metre rule. Organisers are encouraged to use the Service NSW COVID Safe QR codes to enable safe management of crowd numbers and enable contact tracing.

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

Office of Emergency Management has changed its name to Resilience NSW

Resilience NSW (formally the NSW Office of Emergency Management) is the lead disaster management agency for NSW, responsible for all aspects of disaster recovery and building community resilience to future disasters. 

Its focus areas are:

• response and recovery
  
• disaster resilience
  
• capability and planning
  
• emergency management policy and coordination
  
• natural disaster funding and accountability 
  
• disaster welfare. 
  

For more information, see Resilience NSW. 

Strict new laws to regulate short-term rentals

Short-term rental accommodation hosts, guests, letting agents and online booking platform operators will soon be subject to strict new laws with a mandatory Code of Conduct for the industry to begin in December centred on minimum standards of good behaviour. 

A key feature of the new laws is the establishment of an exclusion register, which will introduce a ‘two strikes and you’re out’ policy for unruly guests.

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

New dust diseases laws pass NSW Parliament

The process of tracking, responding to and preventing deadly occupational dust diseases such as silicosis and asbestos has been vastly strengthened following the passage of new laws through the NSW Parliament. 

Under changes to the Work Health and Safety Amendment (Information Exchange) Bill silicosis, asbestos and mesothelioma will now be notifiable diseases and if acquired through workplace exposure they will be placed on a new Dust Diseases Register.

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

Safe Travel Zone with New Zealand

The Australian Government has established a Safe Travel Zone with New Zealand. From Friday 16 October 2020, passengers from New Zealand will be able to travel to Australia without entering quarantine, provided they have not been in COVID-19 hotspot in New Zealand in the last 14 days. 

For more information, see the media release on the Prime Minister of Australia’s website.

More flights helping Australians return

The Australian Government is facilitating additional flights from the United Kingdom, India and South Africa to help more Australians return. The Australian Government has reached agreement with the Northern Territory Government so returning Australians can undertake their 14 days quarantine at the Howard Springs facility in the Northern Territory.

For more information, see the media release on the Prime Minister of Australia’s website. 

Court reforms to protect and empower domestic violence victims

Domestic violence complainants will have extra protections when giving evidence in court, while jurors will be educated on the complexities of abuse, under proposed court reforms to be introduced in NSW Parliament this week.

For more information, see the media release on the Department of Communities and Justice website.

New law to help protect pets from domestic violence perpetrators

Domestic violence victims and their companion animals will have greater protections under proposed Apprehended Domestic Violence Order (ADVO) reforms.

For more information, see the media release on the Department of Communities and Justice website.

More court protections for revenge porn victims

Victims of intimate image abuse will have the same court protections as other sexual assault complainants while judicial officers will have greater powers to order images and recordings be destroyed, under legislation introduced in NSW Parliament on 14 October 2020. 

For more information, see the media release on the Department of Communities and Justice website.

Joint trial presumption to deliver justice

On 14 October 2020, the NSW Government proposed reform in response to the recommendations of the Royal Commission into Institutional Responses to Child Sexual Abuse. The amendments will introduce a presumption in favour of joint trials where a defendant is accused of multiple offences and the prosecution is seeking to rely on tendency and coincidence evidence.

For more information, see the media release on the Department of Communities and Justice website. 

Coercive control reform

The NSW Government has moved to establish a Parliamentary Joint Select Committee that will hold a public inquiry to examine coercive control in detail. The NSW Government has also issued a comprehensive Discussion Paper detailing key issues. 

For more information, see the media release on the Department of Communities and Justice website. 

New personal injury commission passes parliament

The NSW Government will deliver a new one-stop shop Personal Injury Commission (PIC) to simplify the dispute resolution system for injured road users and workers who make a compensation claim, following its approval today by NSW Parliament.

Effective 1 March 2021, the functions of the Workers Compensation Commission (WCC), the State Insurance Regulatory Authority’s (SIRA), Dispute Resolution Service (DRS), the Motor Accidents Claims Assessment and Resolution Service (CARS), and the Motor Accidents Medical Assessment Service (MAS) will be transferred to the PIC.

The reforms do not change the benefits and entitlements in the original workers compensation and CTP schemes, ensuring minimal impact to insurance premiums and offering certainty with business continuity.

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

NSW Parliament passes reform boosting protection for counsellors and support for victims

Counsellors as well as friends or family of adults who disclose sexual and domestic violence will no longer face prosecution for respecting a victim’s wishes on whether to report the crime.

The Bill amended section 316 of the Crimes Act 1900, which requires a person who knows or believes that a serious indictable offence has been committed to report it to the police.

Under the previous legislation, failure to do so without reasonable excuse is an offence, and carried a maximum penalty of between two and five years imprisonment.

A person will now have a reasonable excuse where:

• the information relates to a sexual offence or domestic violence offence;
• the alleged victim is an adult at the time that they have the information,; and
• the person believes on reasonable grounds that the alleged victim does not wish to have the information reported to authorities.

For more information, see the media release on the NSW Department of Communities and Justice website.

Federal Government extends JobKeeper and JobSeeker

The Federal Government is extending temporary income support measures. The JobKeeper payment will be extended until 28 March 2021, with the payment rate changing on 28 September 2020 and 4 January 2021. The JobSeeker payment will continue for another 3 months with a reduction in the rate from 25 September 2020.

For more information, see media release on the Ministers for the Department of Social Services website.

Coronavirus (COVID-19) courts and tribunals update 

Last updated 22 October 2020.

In response to concerns about the spread of Coronavirus (COVID-19) NSW Courts, Tribunals and Commissions have implemented the following changes:

• the New South Wales Local Court has implemented new procedures in relation to contacting/attending court, adjournments, bail, entering a plea, people in custody awaiting trial/sentence and urgent applications. The court has also updated its processes in relation to Apprehended Violence Orders. The court has released a memorandum regarding listing and re-listing arrangements as at 5 June 2020. The court has also detailed procedures beginning 3 August 2020 for appearances, defending hearings and matters in which a brief of evidence is not required.  For more information, see the media releases on the New South Wales Local Court website

• the District Court of New South Wales intends to lift the temporary suspension of jury trials in some, but not all, District Court venues on and from 15 June 2020. For more information, see the media releases on the District Court of New South Wales website

• the Supreme Court of New South Wales and District Court of New South Wales have temporarily suspended new jury trials from 16 March 2020. Current trials, where a jury has already been selected and empanelled, will continue. For more information, see the media release on the Supreme Court of New South Wales website

• the Supreme Court of New South Wales has advised that some face-to-face civil hearings will resume on 1 June 2020, followed by criminal jury trials from 29 June 2020. In the meantime, the Court will contact parties to advise of the video and teleconference facilities available for matters. The Court also requires all Court documents to be provided by electronic means only. The public registry will also be closed on and from 24 March 2020. The face-to-face duty registrar services will also be suspended. Telephone appointments will continue. The court has also released a Court Operations Protocol. For more information, see the media releases the Supreme Court of New South Wales website

• the Family Court of Australia and Federal Circuit Court of Australia) are increasing face-to-face hearings in a staggered way over the coming months commencing Monday, 15 June 2020. The Courts have updated procedures in relation to a range of matters (e.g. children matters, divorce, efiling, subpoenas etc.). The Courts have also provided statements about individuals involved in parenting matters, the Child Dispute Service protocol, border restrictions and parenting arrangements and The National Arbitration List. A court list dedicated to dealing exclusively with urgent parenting-related disputes that have arisen due to the COVID-19 pandemic has been established. The list will commence on 29 April 2020. For more information, see the media releases on the Family Court of Australia website

• the Children's Court of New South Wales has updated it advice and will transition to a set of new arrangements over the coming weeks with an expectation that all agencies will be in a position to comply with these arrangements by 3 August 2020. For more information, see the media releases on the Children's Court of New South Wales website

• the Federal Court of Australia has decided to close their public facing counters and cease face-to-face services from 24 March 2020. The Court staff will instead be working remotely. In urgent circumstances, face-to-face services may be provided after initial assessment via telephone. For more information, see the media release on the Federal Court of Australia website

• the NSW Civil and Administrative Tribunal (NCAT) has advised that from 30 March 2020, all hearings will be conducted by phone, Audio Visual Link or on the papers. No face-to-face hearings will be conducted without prior approval from the President. Priority will be given to urgent cases. NCAT will also allow filing by email where a party is unable to post documentation. Avoid attending NCAT. For more information, see the media release on the NCAT website

• the Fair Work Commission has advised that their counters are now closed, however they are still operating. All applications are to made via online means as they are no longer accepting applications in-person or by post. Hearings and conferences will be postponed or conducted by telephone or video-conference where possible. This applies to cases that are already scheduled, as well as future proceedings. For more information, see the media release on the Fair Work Commission website

• the NSW Land and Environment Court (NSW LEC) has a new Policy effective from 8 July 2020. The new Policy sets out arrangements for the staged return to face-to-face attendances in Court and on-site. For more information, see the media releases on the NSW Land and Environment Court website 

• the NSW Land Registry Services (NSW LRS) is currently open, however operations have changed to give effect to social distancing requirements. NSW LRS now asks all customers to use the ‘drop and go’ document service at the Queens Square Lodgment Office. There are also new processes to uplift, send and lodge documents. From 5 June 2020, temporary measures will allow an owners corporation or community association to sign documents rather than affixing a seal. For more information, see the media releases on the NSW LRS website

• the Administrative Appeals Tribunal (AAT) has advised that it is taking steps to resume limited in-person hearings in the Sydney registry. They will consider the listing of in-person hearings on a case by case basis in accordance with the AAT’s practice directions. Most AAT hearings and all AAT conferences will continue to be conducted remotely by video conference or telephone for some time. For more information, see the media releases on the AAT website.

COVID-19: Video tech signing of legal forms to continue

The witnessing of important legal documents such as wills, powers of attorney and statutory declarations over video conference will continue under new legislation to be introduced into NSW Parliament.

The legislation will enable the remote witnessing of documents via AVL to continue until the end of 2021. These arrangements were due to end in September 2020.

 Under the extension, a witness will be able to sign a document or a copy of the document, to confirm they witnessed the signatory’s signature via AVL. This could be done on a hard copy which is scanned and sent to the witness or on an identical counterpart of the document the signatory signs.

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

Federal Court launches Live Chat

The Federal Court of Australia has launched a Live Chat function on their website that allows users to chat in real time with the Federal Court Registry. 

Live Chat agents cannot provide legal advice but they can assist with information about:

• Applying to the Court
  
• Procedures relating to the user's case
  
• Information and support for the Commonwealth Courts Portal
  
• General enquiries about Federal Court proceedings.
  

For more information, see Contact Us on the Federal Court of Australia website.

A fine time to pay online and other court upgrades

NSW courts are introducing new look websites that will make it faster and easier to access important information and pay court-issued fines. Full or part payment can be made through the new Pay Your Penalty Portal. 

To assist people find their way around courthouses in Sydney's CBD, Surry Hills, Liverpool and Parramatta, existing digital signage at the courthouses has also been upgraded. 

For more information, see the media release on the NSW Department of Community and Justice website.

NSW first to pass national defamation reforms

The NSW parliament became the first jurisdiction in Australia to legislate far-reaching reforms to defamation laws.

The reforms will establish:

• A serious harm threshold to keep minor 'backyard' claims out of court
  
• A requirement for a plaintiff to issue a concerns notice before going to court, to encourage resolution before litigation
  
• A single publication rule starting limitation periods from the first upload, rather than the last click on a story
  
• The cap on damages for non-economic loss as a real cap
  
• A defence for peer-reviewed matters in scientific and academic journals
  
• A public interest defence which will protect responsible journalism.

For more information, see the media release on the NSW Department of Communities and Justice website.

New birth certificates to recognise adoption

New reforms introduced to Parliament will allow adopted people in NSW to have both their birth and adopted families included on a birth certificate.

Under the current law, a birth certificate issued by the Registrar of Births, Deaths and Marriages (BDM) after a person is adopted can only record the child's adoptive parents and any adoptive siblings making no reference to the birth parents. 

Following the proposed amendments, newly adopted people will be issued with an integrated birth certificate along with the existing post adoptive birth certificate that is provided after adoption. Both will be legal identity documents, allowing the adopted person to use whichever they prefer.

For more information, see the media release on the NSW Department of Communities and Justice website.

Mandatory hotel quarantine for residents returning from Victoria

NSW residents returning from Victoria must go into mandatory hotel quarantine for 14 days at their own expense. The cost of hotel quarantine will be the same as for returning international travellers.

All returning NSW residents, unless they live within the NSW border regions, will only be allowed to return to NSW through Sydney Airport.

For more information, see the media release on the NSW government website.

Restrictions tightened for entry to NSW from Victoria

The NSW Government has established a strict new border zone, tightened permit conditions and stronger enforcement powers to further restrict entry to NSW for Victorians.

The new border entry rules begin on 22 July 2020.

For more information, see the media release on the NSW government website.

COVID-19 restrictions to be tightened

From 24 July 2020, the NSW Government will tighten COVID-19 restrictions around “higher risk” activities.

The new restrictions apply to:

• restaurants, bars, cafés and clubs
  
• weddings
• corporate events 
  
• funerals
• places of worship.
  

For more information, see the media release on the NSW government website. 

Tough new COVID-19 compliance measures for pubs

New rules will be introduced to pubs across NSW that will limit group bookings to a maximum of 10 people and cap the number of customers inside a venue to 300 people following a concerning rise in COVID-19 cases.

The new measures, agreed to by the NSW Australian Hotels Association, will come into force at 12:01am Friday 17 July 2020. 

For more information, see the media release on the NSW government website. 

NSW and Victorian border closures

From Wednesday 8 July 2020, strict penalties will be in place for anyone who breaches the new rules on the temporary NSW and Victorian border closures.

Anyone who fails to comply with the rules could face up to six months prison, a fine of $11,000, or both. 

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

Border closure to protect NSW

NSW will temporarily shut its border with Victoria to contain the spread of COVID-19 and to protect the health and jobs of NSW citizens.

The closure will be effective from 12.01am Wednesday, 8 July and follows the concerning spread of COVID-19 in Melbourne.

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

Changes to the law on uncollected goods

From 1 July 2020, there are new laws regarding the procedure for dealing with uncollected goods. Uncollected goods are those which are not in the possession of the owner. This can include items that have been left for repair or treatment and never collected by the owner, or goods left behind by a tenant, occupier or resident. 

As of 1 July, applications can be made to NCAT for orders about the goods including:

• their removal or disposal
  
• their delivery 
  
• their sale   
• payment of compensation.
  

For more information, see Changes to uncollected goods laws on the NCAT website.

NSW Strip Search class actions investigation is announced

Redfern Legal Centre and Slater & Gordon are joining forces to investigate potential class actions for people who have been illegally strip searched by NSW police.

This legal action is designed to help improve strip search laws in NSW and to seek compensation for people who have been unlawfully strip searched since 2014.

Redfern Legal Centre and Slater & Gordon are looking for people who have been strip searched in the last six years by NSW police to register for their class actions investigation.

For more information, see RLC and Slater and Gordon announce NSW Strip Search Class Actions Investigation on the Redfern Legal Centre website. 

Changes to the law will make it easier to pay off fines

From 1 July 2020, the NSW government is introducing measures to make it easier for people experiencing financial hardship to pay off their fines. The changes include:

• allowing anyone with a fine to pay by instalments and providing more time for fines to be reviewed
• people receiving government benefits may be able to apply for a 50 per cent reduction for some types of fines
• applicants will first be considered for payment plans and working the fines off (through the Work and Development Order scheme) before being considered for the 50 per cent reduction
• other penalties like demerit points, licence cancellations, disqualifications and suspensions will still apply
• changes to the Fines Act will make it easier to nominate the driver responsible at the time of an offence
• the process for asking for an overdue fine to be heard in Court will be simplified.
  

For more information, see the media release on the Communities and Justice website. 

Adult community sport to recommence in NSW

Adult community sport will recommence on 1 July 2020. 

Under the new restrictions, food and drink premises in stadiums will be able to open. They will need to follow the same requirements that apply in other food and drink premises and pubs and registered clubs.

Minister for Health Brad Hazzard said on the basis of health advice, crowds could not at this point gather in the stands. 

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

New campaign to stop public threats of violence 

The NSW Government has launched a new multimedia campaign to combat hate and xenophobia being spread online, and in the community during the COVID-19 pandemic. 

The Stop Public Threats campaign, which includes a podcast, website, videos, posters and social media content, will help victim-survivors and the community understand their legal rights, and encourage people to report threats of violence to the police. 

It comes following the introduction of increased penalties for inciting violence against someone on the grounds of race, religion, sexual orientation, gender, intersex or HIV/AIDS status.

For more information about the campaign, see the media release on the Department of Communities and Justice website.

Gyms and kids sports to reopen across NSW

Gyms, indoor pools, yoga and dance studios will be able to reopen across NSW from 13 June 2020 and kids’ sport from 1 July 2020.

The four square metre rule must be applied at all times.

The return date for adult community sport activities will be made at a later stage. 

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

New Rule will help Australians fleeing family and domestic violence gain financial independence

AUSTRAC has announced a change to the AML/CTF customer ID and verification Rule to help people experiencing family and domestic violence. 

Under the rule, if a customer cannot produce their driver’s license or birth certificate, or show a different address, banks and other regulated businesses can use alternative ways to verify their customer’s identity.

These changes will give bank staff the flexibility they need to use alternative methods for verifying a customer’s identity for those experiencing family domestic violence while still maintaining due diligence.

For more information, see the media release on the AUSTRAC website.

NSW Government to open pubs, clubs, cafes and restaurants to 50 patrons

The NSW Government will allow pubs, clubs, cafes and restaurants to have up to 50 customers, subject to a one person per four square metre rule, and with strict social distancing guidelines from 1 June 2020.

Patrons have been advised to check with the venue before attending to ensure they will be able to attend.  

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

Holiday travel restrictions to be lifted from 1 June 2020

NSW residents will be able to take a holiday anywhere in NSW from next month, with intra-state travel restrictions to be lifted from Monday 1 June 2020. Social distancing and good hygiene must be maintained.

Travellers from interstate will also be able to visit NSW for a holiday from 1 June 2020 but will need to comply with the rules of their home state when returning.

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

NSW students return to the classroom full-time

Students across NSW will be back in the classroom full-time from next Monday 25 May 2020.

Schools are expected to stick with the health advice and ensure increased cleaning, access to hygiene supplies and compliance with hygiene practices.

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

NSW to ease COVID-19 restrictions from Friday 15 May

After assessing National Cabinet's new framework, the NSW Government will ease a number of restrictions from 15 May 2020.The easing of restrictions will allow more businesses to open up, more people to stay in work and more personal freedoms.

The NSW Government will closely monitor COVID-19 rates, especially community transmissions, and use this to guide the further easing of restrictions.

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

New online services at Births, Deaths & Marriages

The NSW Registry of Births, Deaths and Marriages has introduced a number of changes to its services, including:

1. a new online service allowing customers to apply for birth, death, marriage and replacement change of name certificates
   
2. changing the way people’s surnames (family names) appear on their certificates to capital letters, so that Registry’s certificates have the same formatting as other government certificates. 
   

For more information, see Apply online on the NSW Registry of Births, Deaths & Marriages website. 

COVID-19 Video tech for witnessing legal documents

Video conferencing technology like Skype,WhatsApp, FaceTime and Zoom can now be used in the witnessing of important legal documents like wills, powers of attorney and statutory declarations under a new regulation made by the Governor. 

Under the new regulation, a witness must see a person signing the document in real time to confirm the signature is legitimate, but now they can do so using video conferencing technology.

For more information, see the media release on the Department of Communities and Justice website. 

NSW students to transition back to the classroom in Term 2

NSW Premier Gladys Berejiklian and Minister for Education and Early Childhood Learning Sarah Mitchell have outlined a plan for students attending NSW public schools to progressively return to face-to-face learning in week three of Term 2.

Ms Berejiklian said health advice continues to be that schools remain open, and parents, teachers and students can be confident that school is safe place.

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

$5000 on-the-spot fine to protect all workers

Anyone coughing or spitting on any worker will face a $5000 on-the-spot fine with tough measures introduced to protect health care staff and police now extended to all workers. Anyone at work or travelling to or from work will be protected.

The expanded direction commences on 20 April 2020. 

For more information, see the media release on the NSW Health website. 

COVID-19 Free help for pandemic legal issues

The NSW Government, in partnership with Legal Aid NSW and LawAccess NSW, has launched a free legal help service for people facing legal issues under the COVID-19 public health laws.

The service can assist with a range of issues including job losses, social security entitlements, family law issues regarding arrangements for children and matters relating to the new public health laws.

For more information, see the media release on the Communities and Justice website.

Funding boost and emergency measures to protect tenants

Residential tenants and landlords facing financial hardship due to COVID-19 will receive increased support and greater certainty from the NSW Government’s new temporary rental support measures.

The six-month support package includes a moratorium on applications for forced evictions due to rental arrears for those financially disadvantaged by COVID-19, and new requirements for landlords and tenants to enter into negotiations over rental payments in good faith.

For more information, see the media release on the NSW Fair Trading website.

Child Protection Reporting

On 1 March 2020 amendments to the Children and Young Persons (Care and Protection) Act 1998 (Care Act) commenced. The amendments aim to explain mandatory reporting groups and provide greater protection for reporters. 

For more information, see the media release on the Justice Intranet and the factsheet Child Protection Reporting: Overview of legislative amendments on the NSW Communities and Justice website. 

New Structure of Government Departments

There have been changes made to the structure of the Australian Public Service. The changes took effect on 1 February 2020. They include (but are not limited to) the creation of:

• Services Australia, formerly known as the Department of Human Services
• Department of Education, Skills and Employment, which consolidates:
  • the Department of Education; and
  • the Department of Employment, Skills, Small and Family Business
• Department of Infrastructure, Transport, Regional Development and Communications, which consolidates:
  • the Department of Infrastructure, Transport, Cities and Regional Development; and
  • the Department of Communications and the Arts.

For further changes and more information, see the media release on the Prime Minister of Australia website.

Aged Care Quality and Safety Commission now single regulator of aged care services

From 1 January 2020, the Aged Care Quality and Safety Commission is now the national regulator of aged care services, and the primary point of contact for consumers and providers in relation to quality and safety. 

The oversight of the Commission has been expanded to also include:

• approval of all residential and home care providers
  
• aged care compliance activity 
  
• the administration of compulsory reporting of assaults by approved providers. 
  

For more information, see the media release on the Aged Care Quality and Safety Commission website. 

New free legal service for bushfire victims

NSW residents impacted by the state’s devastating bushfires will be able to get free legal help following the launch of the Disaster Response Legal Service NSW. 

The service, which is a partnership between Legal Aid NSW, community legal centres, the Law Society of NSW and the NSW Bar Association, will be operated by Legal Aid NSW via its helpline 1800 801 529.  

It will provide assistance to individuals, households and businesses facing legal issues as a result of the bushfires. 

For more information, see the media release on the Department of Communities and Justice website.