Category: NSW News

NSW and the ACT today become the first jurisdictions in Australia to adopt new national laws to modernise defamation law for the digital age with legislation coming into effect.

Changes in the Defamation Amendment Act 2023 (NSW) will improve the balance between freedom of speech and protection of reputation when someone publishes content through a digital intermediary.

Social media platforms, review websites, search engines, content hosts and service providers are examples of digital intermediaries, along with organisations and individuals who use online platforms to host forums inviting third-party comments (known as forum administrators).

These reforms address the High Court’s decision in Fairfax Media Publications v Voller. This case involved several media companies acting as forum administrators. The High Court found the media companies to be publishers of comments posted on their social media pages by third-party users responding to their content.

Under the new laws, the media companies, as forum administrators, may be able to rely on a new defence. This defence is for digital intermediaries who ‘innocently disseminate’ defamatory content.

Many forum administrators are ordinary people, rather than media companies. For example, a parent might host a Facebook page for other parents to discuss issues relating to the school which their children attend. A member of a local sporting club might host a Facebook page for members to share information about upcoming games.

These forum administrators may also be able to rely on the new innocent dissemination defence if a member of the forum posts defamatory content on the Facebook page. To access the defence, the forum administrator must do certain things, such as providing an email address or other easily accessible way for people to complain of defamatory content. 

The reforms will also benefit victims of online defamation. The reforms establish a simple process by which a person can submit a complaint to a digital intermediary. If the digital intermediary does not take down the content within seven days, they can lose access to the innocent dissemination defence.

The reforms also empower courts to order digital intermediaries who are not party to defamation proceedings to take down defamatory content.

The legislation implements reforms developed through Part A of the Stage 2 Review of the Model Defamation Provisions, led by the NSW Government.

The Act also extends the defence of absolute privilege to reports made to police, such as a complaint of sexual assault. This would address any chilling effect the threat of defamation proceedings could have on making a complaint.

Attorney General Michael Daley said:

“The previous defamation laws were passed at a time when the sort of digital access we now enjoy could not have been imagined by most of us.

“It is essential our laws reflect the world in which we live, and these changes aim to address the challenges posed by the rapid spread of defamatory information online and clarify the legislation for complainants and publishers.

“In designing the new laws, it was essential to strike a balance between not unreasonably limiting freedom of expression in circumstances where third parties publish defamatory matter via digital intermediaries and protecting reputations.

“It was crucial, too, that freedom of speech was protected. This is a basic tenet of open democracy such as the one we enjoy in Australia and allows for the exchange of ideas and opinions. However, it must be balanced with the right to protect one’s reputation and people must also be able to seek redress if they believe theirs has been unjustly damaged.”

The Industrial Court of New South Wales today commences operations as a one-stop shop for industrial justice as well as work health and safety matters.

The court and the Industrial Relations Commission will be independent umpires for industrial relations in NSW, with the power to force unions and government agencies to come together, mediate disputes and arbitrate final outcomes in pay disputes.

Established last year by the Industrial Relations Amendment Act 2023, the Industrial Court will act as a superior court of record, with equivalent status to the Supreme Court and the Land and Environment Court.

Three eminent and respected practitioners of the law were formally appointed by the Governor earlier this year.

Ingmar Taylor SC, a nationally recognised expert in employment law and work health and safety, will be appointed President of the Industrial Relations Commission and a judge of the Industrial Court.

David Chin SC, a specialist in work health and safety, industrial, employment and discrimination law, who co-authored The Modern Contract of Employment, will be the commission’s Vice-President and a judge of the Industrial Court.

Jane Paingakulam, who has practiced primarily in criminal law and provided advice to government agencies on public sector issues, will be the commission’s Deputy President and a judge of the Industrial Court.

The NSW Industrial Court will hear all industrial relations matters relating to NSW state government and local government employees. Private sector employees will remain in the commonwealth’s jurisdiction under the Fair Work Commission.

The Industrial Court will hear matters relating to work health and safety in New South Wales and will again have jurisdiction over matters that were transferred to other courts when the Industrial Court was abolished in 2016.

The new court will be temporarily located in Bridge Street, Sydney whilst the commission’s premises in Parramatta undergo refurbishment.

Attorney General Michael Daley said:

“The Minns Labor Government has delivered for working people with this court, ensuring state and local government employees have access to an independent umpire.

“Today, three eminent legal practitioners have been sworn-in, commencing work in NSW’s newest one-stop shop providing access to justice in industrial and work, health and safety matters.”

Acting Minister for Industrial Relations Tara Moriarty said:

“This is a historic day for industrial relations in NSW. The Minns Labor Government promised meaningful reforms and we have delivered.

“I congratulate The Honourable Justice Taylor, President, The Honourable Justice Chin, Vice-President, and The Honourable Justice Paingakulam, Deputy President, on their swearing in today.”

A Newcastle-based startup developing technology that can turn organic waste into green hydrogen will accelerate its commercialisation plans after receiving funding through the NSW Government’s MVP Ventures Program.

EM Energy has developed the Organic Hydrogen Electrolyser Cell (OHEC), which produces green hydrogen from organic materials and eliminates the need for energy and heat in hydrogen generation.

The technology has the potential to be a game-changer for clean energy production with around 95 per cent of hydrogen currently produced from fossil fuels.

EM Energy is continuing to test and validate the production of green hydrogen from the OHEC at the University of Newcastle. The $50,000 MVP grant will support the patent of the technology internationally to open up further investment opportunities.

The MVP Ventures Program offers grants to early-stage startups and small and medium enterprises to drive the commercialisation of new and highly innovative products or processes in NSW.

Details of the 2023/24 MVP Ventures Program grant recipients are available at www.nsw.gov.au/grants-and-funding/mvp-ventures-2023-2024.

Applications are now open for the 2024/25 funding round, with information on the program and how to apply available at https://www.investment.nsw.gov.au/grants-and-rebates/mvp-ventures.

Minister for Innovation, Science and Technology Anoulack Chanthivong said:

“The NSW Labor Government is focused on nurturing innovation that can bring economic opportunity to this state by tackling our biggest challenges such as the transition to net zero.”

“With grants of up to $50,000, the MVP Ventures Program provides much needed support to assist startups on their commercialisation journey while ensuring we attract and retain entrepreneurial talent in NSW.

“EM Energy is pushing the boundaries when it comes to innovation and we’re delighted to support the development of its green hydrogen production technology, which has the potential to be a game-changer for sustainable energy generation globally.”

EM Energy Co-Founder Chris Wilson said:

“Conventional methods for producing green hydrogen without the use of fossil fuels involve a process called water electrolysis, which requires significant amounts of energy and water. To produce just one kilogram of hydrogen using water electrolysis, you need enough energy to power two average homes a day.

“The OHEC doesn’t require any energy or heat, and instead uses organic waste and chemistry to produce green hydrogen. The OHEC device can also be deployed directly onsite, removing the need to transport hydrogen which is an expensive and difficult exercise in its own right.

“I’d like to thank the NSW Government for its support as we continue to pioneer our exciting new technology.”

Six tiny loggerhead turtle hatchlings have now made their way into the ‘big blue’, capping off a bumper 2023-24 sea turtle nesting season which saw an incredible 877 sea turtles hatch successfully on NSW beaches.

The six loggerhead turtle hatchlings were the survivors of nest laid very late in the season at Diamond Beach, near Forster. After weeks of careful monitoring, incubation and care from experts at NSW National Parks and Wildlife Service (NPWS), NSW TurtleWatch and Taronga, these hatchlings were strong enough to be released.

The nest at Diamond Beach was one of 12 successful nests recorded on the state’s beaches this season, stretching from New Brighton Beach in the Byron Shire to Diamond Beach on the Mid Coast, up from the five nesting activities that were seen the previous season.

Together, these nests produced 196 green turtle hatchlings and 681 loggerhead turtle hatchlings. Both are currently listed as threatened species in NSW.

NPWS staff and NSW TurtleWatch volunteers invested over 800 hours in monitoring and protecting nests this season.

Many sea turtle species are in decline as a result of human impacts. On the shore, turtle nests are impacted by predators, coastal development, artificial light pollution, climactic impacts from storm surges, erosion and sea inundation. Off-shore threats include marine debris, boat strike, climate change and by-catch.

NPWS last week convened the inaugural 2024 NSW Turtle Summit at the National Marine Science Centre in Coffs Harbour. The summit brought together leading experts and stakeholders in marine turtle conservation to address critical research gaps and bolster conservation efforts across NSW and Queensland.

Minister for Climate Change and the Environment Penny Sharpe:

“This season’s record number of hatchlings is truly wonderful news for sea turtle conservation.

“That 877 hatchlings have made their way to the ocean is a testament to our collective efforts to protect these magnificent creatures.

“The contribution of our TurtleWatch volunteers and NPWS staff has been instrumental in this success.

“I also want to extend my heartfelt thanks to our coastal communities who have been vigilant in reporting sightings. You’ve made a significant difference in the survival of these hatchlings.”

NSW NPWS Marine Wildlife Team Leader Duane March:

“With the 2023/24 nesting season at an end, the summit was an opportunity for us to bring together key stakeholders and experts to address the urgent challenges facing marine turtles.

“Each year, marine turtles wash up on our beaches or are presented to wildlife rescue organisations suffering from diseases or other health concerns that we don’t fully understand.

“The insights we’ve gained will guide us in addressing critical gaps in our understanding of marine turtle biology and threats and will also help us to better support turtles when they are sick, injured or directly threatened and need our help.

“We hope the actions that came out of the summit will lead to many more successful marine turtle nesting seasons on NSW beaches in years to come.”

The Minns Labor Government is delivering on its commitment to leverage surplus government land to build more homes, more quickly, with the first tranche of sites announced today.

In the recent budget, the NSW Government announced it will deliver up to 30,000 well-located homes, close to infrastructure and transport, with amenities and work opportunities, with surplus land to be made available for housing over the next four years.

Following a comprehensive statewide audit of government land, a former clothing store precinct in the heart of Sydney is among the first of four sites identified as being suitable to deliver much needed social and affordable housing stock.

Located in the Carriageworks Precinct in North Eveleigh, the historic Clothing Store sub-precinct is located close to essential infrastructure and services like, train stations, shops, and open spaces.

To be developed by Homes NSW, this site will allow for approximately 500 new dwellings to be built, 50 per cent of which will be social and affordable homes.

Planning, due diligence and design work will now begin prior to construction.

Under the former government this site has been left neglected, with the first concept designs first announced in 2008.

A further three sites that will made available for housing include:

• 301 Samantha Riley Drive, Kellyville: Currently this site, located adjacent to Rouse Hill Metro station, is expected to deliver between 75-83 new home, 50 per cent of which will be social and affordable, to be delivered by Homes NSW.
• 72, 82 and 86 Menangle Road, Camden: Approximately 10 social and affordable homes will be built on this site, delivered by Homes NSW.
• WestConnex Dive site, Parramatta Road, Camperdown: Over 100 homes will be delivered in a mixed use development on this site, to be delivered in partnership with the private sector.

The Minns Labor Government is determined to pull every lever to address the housing affordability and availability crisis in New South Wales. Today’s announcement is an important step as the Government works to deliver the housing New South Wales need.

The NSW Government is making an unprecedented intervention in the housing market, with $5.1 billion being invested to deliver new public housing on well-located sites like, Clothing Store Precinct in North Eveleigh.

In a major step to help those escaping family and domestic violence, over 50 per cent of new homes will be built for victim-survivors of family and domestic violence.

Now that these sites have been identified further due diligence and planning will take place.

Additional sites assessed as suitable for housing delivery will continue to be announced over coming months.

Premier of New South Wales Chris Minns said:

“We know that housing affordability and availability is the single biggest pressure facing the people of New South Wales, and that without an immediate, comprehensive intervention, Sydney is at risk of becoming a city with no young people.

“We are prioritising building better homes for New South Wales, to ensure we continue to address the housing crisis for renters, people wanting to enter the housing market, and the most vulnerable members of our community.

“The site in North Eveleigh is an example of the importance of the property audit. Well located spaces, close to vital infrastructure and transport should not be left unused – and under this Government they won’t.”

Minister for Housing and Homelessness Rose Jackson said

“This is the NSW Government showing that pulling every lever can result in action. Without this land audit, these sites may have sat idle for decades, but in just a few years there will be families and communities calling these places home.”

“We had a very clear directive to scour the state for any possible piece of land that can be turned into housing and we’re delighted with the results so far.

Minister for Lands and Property Steve Kamper said:

“The NSW Government has been clear from day one, we need to address the housing crisis and we need to do it with a whole-of-government approach. The Property Audit is a complex process that has never been done before by the NSW Government for the purpose of delivering housing.

“The first tranche of sites from the Property Audit will assist the NSW Government in it’s plan build 30,000 new homes, including 8,400 public homes.

“Under the former Government, we saw what happened when you sit on your hands as things get more and more unaffordable. Our Government will leave no stone unturned to deliver on our states housing needs.”

The Minns Labor Government is investing $10.6 million to make patient experience officers available across all NSW hospitals, relieving pressure on busy clinicians and improving patient wellbeing. 

Patient experience officers provide additional support in emergency departments (EDs) to patients, carers and their families.

These officers are the first point of contact for patients when they arrive.

They can provide advice and information on ED processes and waiting times to patients and their carers to help reduce stress and anxiety.

Importantly, this also eases the workload on our busy clinicians so they can focus on treating patients.

A recent evaluation report has shown the positive impact patient experience officers have had on both patients and hospital staffs’ experiences and wellbeing in hospital EDs, as well patient health outcomes.

The Evaluation of the NSW Health Emergency Department Patient Experience Officer report found more than 85 per cent of respondents agreed the position was ‘successful’, ‘moderately successful’ or ‘very successful’, with patient experience officers rated highly for patient communication in the waiting room (89.7 per cent) followed by managing stress/anxiety (81.6 per cent).

Patient experience officers were first introduced in some NSW hospitals in July 2019 during a period of high demand in EDs. Following the success of the pilot program, patient experience officers are now available across all Local Health Districts and Specialty Health Networks.

The Minns Labor Government has a plan to relieve pressure on EDs and reduce wait times, through our budget emergency department relief package which will invest:

• $171.4 million to introduce three additional virtual care services helping 180,000 people avoid a trip to the ED;
• $100 million to back in our urgent care services to provide a pathway to care outside of our hospitals for an estimated 114,000 patients;
• $70 million to expand emergency department short stay units to improve patient flow to reduce ED wait times by nearly 80,000 hours;
• $15.1 million to for an Ambulance Matrix that provides real time hospital data to enable paramedics to transport patients to emergency departments with greater capacity and reducing wait times;
• $31.4 million to increase Hospital in the Home across the state allowing over 3,500 additional patients each year to be cared for in their home rather than a hospital bed; and
• $53.9 million to improve patient flow and support discharge planning by identifying patients early on that are suitable to be discharged home with the appropriate supports in place.

Minister for Health Ryan Park:

“Our emergency departments are under more pressure than ever before.

“When people and their loved ones arrive at a busy ED, it can often be a stressful and anxious event.

“Patient experience officers are there to welcome patients and their families, and provide support in difficult and challenging circumstances.

“I’m so pleased we are ensuring their role in our hospitals to continue to provide kind and compassionate care.”

Patient Experience Officer Sunita Oberholzer:

“This is a rewarding role that allows you to really make a difference in the local community.

“Coming to work each day with the knowledge that I am going to positively impact many people’s days has been an immense privilege.
“It is deeply gratifying to know that you are helping patients and their families feel more comfortable with their hospital experience, especially during stressful times.

“This in turn creates a flow-on effect which improves the staff’s ability to provide exceptional care.”

For more information on the Emergency Department Patient Experience Program visit: https://www.health.nsw.gov.au/patients/experience/Pages/emergency-department.aspx

As Sydney CBD businesses face an increased rate of insolvencies, the Opposition points to the failure of the recent State Budget to deliver any meaningful support for small businesses despite record levels of taxation – including for payroll tax and land tax that directly affect the bottom line for many struggling businesses.

“Total taxation over the four years of this Budget is a whopping $43 billion higher than the total taxation in the four years covered by the Coalition’s Pre-Election Budget Update. By 2027-28 Labor will be taxing the families and businesses of NSW over $55 billion – a massive 43% higher than the tax collected in the last year of the Liberal and National Government”, said Shadow Treasurer Damien Tudehope.
“Despite already set to receive $88 billion in property taxes – transfer duty and land tax – the greedy Minns Labor Government has abandoned the indexation of the land tax threshold to raise and additional $1.5 billion. This will mean many struggling small businesses will be hit with a rent rise that may tip them over the edge into insolvency,” Damien Tudehope said.
“The previous Coalition Government raised the payroll tax threshold from $750,000 in 2018 to $1.2 million in 2021. The Minns Government ignored a call from the business sector to raise it to $1.3 million and drop the rate to below 5%,” Damien Tudehope said.
“All this extra tax is going straight to settle billions of dollars of public sector wage rises on Labor’s union mates – $9 billion and counting with current demands from  just four unions totalling a further $6 billion. This is why there was nothing to support struggling businesses in the Budget,” Damien Tudehope said.
“The Minns Government cancelled the successful Open for Lunch and Noel Sydney events, It cut the budget for Destination NSW. The recent Vivid was managed so poorly that small business stall holders lost money through their participation,” Wendy Tuckerman, Shadow Minister for Small Business said.

“The previous Coalition Government used a range of measures to support small businesses, including the popular dine and discover vouchers as we emerged from the Covid-19 pandemic. The Minns Government lacks both the commitment and the imagination to deliver for small businesses, including those Sydney CBD businesses currently doing it tough,” Wendy Tuckerman said.

Aboriginal and Torres Strait Islander people living in western NSW will soon have better access to health and wellbeing support, thanks to a $132,000 funding boost for the Coonamble Aboriginal Health Service (AHS).

Coonamble Aboriginal Health Service operates primary care health clinics in Coonamble, Dubbo and Gilgandra, delivering culturally appropriate programs and health and wellbeing services to communities across western NSW.

The funding boost will increase access for community members to connect with skilled workers about the supports available to them in a safe place.

Regional Health Minister Ryan Park:

“I’m very pleased to announce $132,000 in new funding for the Coonamble AHS to provide support services to the local community.

“This new funding will support Coonamble AHS’s Fair Dinkum Choices program, which encourages community members to start conversations about mental health and emotional wellbeing, capitalising on yarning with community to improve health outcomes for Aboriginal and Torres Strait Islander people.”

Minister for Aboriginal Affairs and Treaty David Harris:

“The Service already provides a range of important supports to the local community at its clinics, including population health, family health, suicide prevention and dental health services.

“The increased funding will also help upskill Coonamble AHS staff to engage in face-to-face conversations with clients where they live, creating a culturally responsive and safe environment for those seeking support.”

Member for Barwon Roy Butler:

“Coonamble AHS plays an important role in providing health services, and much more, to the local community.

“This injection of funding will allow them to continue that great work and to provide community members with an environment where they can talk freely, openly and in comfort about matters relating to their health.”

Coonamble AHS Chief Executive Officer Phil Naden:

“This opportunity has afforded Coonamble AHS to work closely with community and partner with other service providers including the Western NSW Local Health District.

“Coonamble AHS thanks the NSW Government for this important funding.”

NSW Ambulance has recognised 45 years of women in paramedic roles at an induction ceremony today welcoming 65 new paramedic interns and trainee emergency medical call takers into the service.

Forty-five women are among this class of 37 paramedic interns and 28 trainee emergency medical call takers.

The new starters join an organisation where women already make up more than 50 per cent of the workforce, after becoming the first emergency service in the state to reach gender parity in its ranks last year.

Dedicated and skilled women work across NSW Ambulance in many roles, including as paramedics, aeromedical crews, nurses, doctors, specialist rescue crews, call takers and dispatchers, and corporate and support staff.

NSW Ambulance implements a range of support programs to ensure a welcoming and inclusive workplace, including tailored training programs, mentoring initiatives, and ongoing professional development opportunities.

The paramedic interns will be posted across NSW to complete the on-road portion of their 12-month internships before taking permanent positions in metropolitan and regional areas.

The trainee emergency medical call takers will be posted to Triple Zero (000) control centres across NSW.

Minister for Health, Ryan Park:

“Today is about acknowledging the incredible contribution women make across all areas of the NSW ambulance service.”

“For the past 45 years, women in paramedic roles have contributed their skills and dedication to NSW Ambulance, and we are incredibly grateful for their service to their communities.”

“As we welcome many new paramedic interns and trainee emergency medical call takers today, I want to pay tribute to Lee Clout, who in May 1979 joined the ranks at Wagga Wagga Ambulance station starting what is a very long and proud history of women in paramedic roles in NSW.”

Minister for Women, Jodie Harrison:

“Our paramedics are on the frontline of healthcare in NSW, caring for people when they are unwell and at their most vulnerable.”

“As we celebrate 45 years of women in paramedicine, it’s worth noting that NSW Ambulance was also the first NSW emergency service to reach gender parity in its ranks. It’s important that our essential services should reflect the communities they serve and NSW Ambulance should be really proud.”

“Congratulations to all the women – the trailblazers – who have helped grow NSW Ambulance into the respected, skilled and diverse organisation it is today.”

Member for Parramatta, Donna Davis:

“Diverse and inclusive workplaces are beneficial to all employees, not just women, and NSW Ambulance has proven over the past 45 years, the positive impact diversity has had on the organisation as a whole.”

NSW Ambulance Chief Executive, Dr Dominic Morgan:

“I’d like to welcome the new starters who were honoured today and thank them for their commitment to NSW Ambulance, you will be playing a vital role in keeping the people of NSW safe and healthy.”

“Women make up 50 per cent of the NSW Ambulance workforce. I hope our new paramedic interns and trainee emergency medical call takers find this inspiring and I wish them well for their future careers.”

Builders considering cutting corners on construction sites in the Illawarra and Shoalhaven should think again with Building Commission NSW establishing a permanent presence in the region from Monday.

Following the establishment of the Commission in December 2023, it has moved quickly to broaden its focus to one of the state’s busiest building and construction hubs, south of Sydney.

There are more than 4,000 active construction sites in the Illawarra Shoalhaven area making it the ideal location to pilot the Commission’s strategy to create more dedicated regional teams, as part of its commitment to work where homes are being built.

A local presence will enable inspectors to audit more sites, more often and closely monitor all active projects while also reacting faster to complaints and intelligence.

The Illawarra-focussed compliance inspectors will join a growing Commission with the power to issue a range of building orders for serious defects and track their repair before a project can be signed off. As more people move to the regions, it’s essential there is no difference in the quality of homes being built, compared with metropolitan areas.

New resources in the region will go hand in hand with tools like iCIRT that independently rate building professionals and give consumers confidence about their financial, legal and compliance history. There are more than 100 iCIRT rated builders already operating in NSW.

To kick off the Commission’s engagement in the region, a roadshow for industry and government stakeholders about the Commission’s regulatory priorities and key focus areas is being held early next week.

Minister for Building Anoulack Chanthivong said:

“The Illawarra region is booming with building activity, expanding faster than any other regional location in NSW. Establishing Building Commission NSW’s first regional office here was not a difficult decision.

“As the NSW Government works to build the homes our state needs, Wollongong has been given a housing target of 9,200 new well-located homes by 2029.

“The Building Commission will support delivery of this target by ensuring the building industry delivers quality homes and apartments for residents.

“Our new recruits will be local boots on the ground who can show up on site anytime, anywhere and ensure that the local community can be confident in the quality of the new housing stock being built.

“Quality and quantity can go hand in hand if Government and industry work together and it is exactly what needs to happen if we are to meet the housing needs of the people of NSW.”

Paul Scully, Member for Wollongong said:

“I am pleased that the lobbying of the Minister by myself and Deputy Lord Mayor Tania Brown has resulted in establishing a local presence of the NSW Building Commission in the Illawarra.

“Of late we have had a number of buildings and builders who have not been meeting the standards that we expect of them and that needs to change.

“As Planning Minister I am determined to confront the housing crisis which means building more new homes but tackling this challenge must not come at the cost of quality.

“When people buy a newly built home, they expect it to be of a modern standard and I’m pleased that a permanent presence of the NSW Building Commission in the Illawarra will remind dodgy builders and dodgy developers that cutting corners on home builds is unacceptable.”

Assistant Building Commissioner Matt Press said:

“Our inspectors have been regular visitors to the Illawarra region in the past two years but with this move we’re establishing ourselves as a full-time member of the local community.

“This is just the beginning of the first of many regional teams for Building Commission NSW. We want everyone to know that the regulator will be turning up everywhere that homes are being built, not just Sydney.

“It’s pleasing to see there are a number of iCIRT rated builders now operating in the Illawarra and they are starting to show what a more capable and trustworthy construction industry can produce.

“We want to be supporting those who are championing best-practise and focussing our attention on the small number of risky players who ruin the reputation of the entire industry.”