Category: NSW News

The Labor Government yesterday introduced a regulation providing the Independent Commission against Corruption with extraordinary powers.

Leader of the Opposition Mark Speakman said the powers that are being granted through the Surveillance Devices Amendment (ICAC) Regulation 2023 will have enormous scope beyond any one set of recordings. The Regulation would allow ICAC, for example, to use or publish existing or new surveillance recordings, made by private citizens without a warrant on any matter, for the next 2.4 years.

There are also questions relating to the ICAC’s conduct with respect to the potentially illegal records. It is unclear how the ICAC could have formed the view that the records are “of interest to an ongoing investigation” (as stated by the Attorney General yesterday in Parliament) without breaking the law.

“This is a case of reckless drafting by the Labor Government, and requires serious repair,” said Mr Speakman.

Shadow Attorney General Alister Henskens expressed strong disappointment in the Government choosing to introduce these powers through regulation, rather than putting them into the ICAC Bill which was being debated in Parliament on the same day.

“This approach meant that there would not be any parliamentary debate on powers that have been described in the media as ’incredible’ and robbed the Parliament of the ability to amend and improve the drafting,” said Mr Henskens. “The Government could have easily moved an amendment to incorporate these changes in the ICAC Bill that we were already dealing with in Parliament, which was how the only comparable precedent was dealt with in 2009 by the previous Labor Government.”

The Opposition will support the disallowance motion of this Regulation, but will consider any amendment to the ICAC Bill that puts any new powers in firmer legal context with appropriate thresholds and safeguards. This approach would also allow proper debate in Parliament. Neither the Government nor the ICAC has identified the subject of the investigation in the matter to do with the recording.

“The Opposition will also be writing to the ICAC Inspector, requesting an urgent investigation into the leaking of information about an ICAC investigation reported to be related to this regulation and if the ICAC has dealt with the subject recording in accordance with the law,” Mr Henskens concluded.

NSW Premier Chris Minns has announced the appointment of the Member for Lismore, Janelle Saffin, as the Parliamentary Secretary for Disaster Recovery.

Janelle Saffin experienced the devastation of a natural disaster when unprecedented floods hit the Northern Rivers in early 2022.

The Member for Lismore has remained a fierce advocate for her community’s recovery since the beginning and will have an even stronger voice – for the Northern Rivers and communities across NSW in this role.

This announcement represents another stage in the new government’s reset of the Northern Rivers disaster recovery response.

Premier Minns met with local mayors and MPs from the Northern Rivers in June to directly listen to their concerns.

The Minister for Planning and Public Spaces, Paul Scully, and the Minister for Emergency Services, Jihad Dib, visited the region together last month to further hear community feedback and to see first-hand how reconstruction programs are progressing and what more needed to be done.

The NSW Reconstruction Authority will continue under its current arrangements reporting to the Minister for Planning and the Minister for Emergency Services, now supported by the new Parliamentary Secretary.

Further strengthening the government’s focus on natural disaster preparedness and recovery, Premier Minns announced NSW Reconstruction Authority chief executive officer Simon Draper PSM as the new Secretary of the Premier’s Department.

Mr Draper’s experience will bolster the Premier’s Department’s whole-of-government disaster response coordination role and the department’s focus on supporting frontline agencies to deliver for communities.

Mr Draper’s appointment recognises his reputation as one of the state’s most respected and experienced public servants.

He will commence in his role as Secretary of Premier’s Department on 1 September 2023.

Premier Minns thanked outgoing Acting Secretary Peter Duncan AM who has overseen the establishment of the Cabinet Office and the Premier’s Department since the March election.

Further work will be undertaken in relation to the recruitment of the Secretary of the Cabinet Office. Deputy Secretary, Policy William Murphy PSM will be Acting Secretary of the Cabinet Office.

Mr Draper will continue as NSW Reconstruction Authority CEO as the state enters the summer bushfire season.

Simon Draper has worked in NSW Government for the last decade. He was a Deputy Secretary Economic Policy at the Department of Premier and Cabinet, Secretary of the Department of Industry and was CEO of Infrastructure NSW from 2019 to February 2023. He joined the newly formed NSW Reconstruction Authority as CEO in February 2023.

Prior to joining government, Mr Draper worked in the infrastructure, utility and energy sectors, as CEO of 2 airport companies (Northern Territory Airports and Wellington Airport in New Zealand), CEO of Lumo Energy, and General Manager Commercial at Integral Energy (now Endeavour Energy). 

NSW Premier Chris Minns said:

“Simon Draper is a highly regarded leader in the NSW public sector.

“A leader of Simon’s calibre qualifies him to head both the NSW Premier’s Department and continue his critical stewardship of the state’s disaster recovery and reconstruction efforts.

“I am thrilled that the Member for Lismore, Janelle Saffin has accepted the important role of Parliamentary Secretary for Disaster Recovery. 

“Janelle is a tireless advocate for her community and, having personally faced a devastating natural disaster and its aftermath, I can think of no-one better for this role.”

Parliamentary Secretary for Disaster Recovery Janelle Saffin said:

“I’m honoured to take on the important role of Parliamentary Secretary for Disaster Recovery.

“I’ve seen first-hand the devastation that natural disasters such as floods can cause communities such as my local Northern Rivers community. 

“I’ve also experienced first-hand the vital role that a well-coordinated response and recovery, throughout the short-term and long-term stages of disaster recovery can play and the need for continuous improvement in preparedness. 

“The better prepared, the better response, the better recovery.”

Incoming Secretary for the Premier’s Department, Simon Draper said:

“I am honoured to be appointed to this role leading the 430,000 outstanding public servants who work hard each day for the people of NSW.

“I have done many things in my career – I saw the best of what can be achieved when the public service came together during COVID and again in our work in the NSW Reconstruction Authority.

“I look forward to supporting the Premier and his priorities and driving effort from the heart of government to improve the lives of the NSW community.”

The NSW Government today passed legislation which provides tough new penalties for the disclosure of confidential taxation information, as well as relief for GPs.

The Revenue, Fines and Other Legislation Amendment Bill 2023 contains multi-million-dollar penalties for individuals, corporations or other organisations if they are caught using or disclosing confidential government taxation information.

The NSW Government routinely consults externally on tax policy and legislation on a confidential basis.

The new offence in the bill carries maximum penalties of $1,109,900 for individuals and $5,549,500 for corporations if they are found to have misused or disclosed confidential government information. 

The bill also includes a 12-month pause on payroll tax audits for GPs and their practices to allow for ongoing consultation with the sector, including the Royal Australian College of General Practitioners and the Australian Medical Association.

There will also be a 12-month pause on tax penalties and interest accrued on outstanding payroll tax debts incurred before and at the commencement of the 12-month period.

The pause comes amid increased cost pressures on GPs following the former Federal Liberal Government’s decision to freeze the indexation of bulk-billing rebates for many years.

Any threat to bulk-billing rates for NSW patients is a concern for the Government, given the potential flow-on increase in presentations to emergency departments and hospitals, which are already under significant strain.

Earlier, the Royal Australian College of General Practitioners thanked the NSW Government for its approach.

The bill also contained other measures which promote integrity and compliance and improve the administration of the state’s fines system, including enhancing Revenue NSW’s ability to recover tax debts from ‘phoenix’ operators who liquidate companies to avoid paying their debts. 

Phoenix activity is a major concern of commonwealth and state regulators, not only because of tax avoidance but also because of the harm caused to individuals, businesses and other creditors.

Minister for Finance Courtney Houssos said:

“Today, we provided relief to GPs who are under cost pressures because of the actions of the previous Federal Liberal Government.

“I’m grateful to the RACGP for their support on this and look forward to engaging with them and the AMA over the coming months to develop a long-term solution.

“Our new confidentiality laws ensure integrity remains at the heart of the NSW Government’s tax system.

“The new multi-million-dollar penalties send the strongest signal yet that divulging confidential government information won’t be tolerated.”

In the latest step to fix the cemeteries crisis left by the former Government, the NSW Labor Government will open applications for qualified candidates to join a new professional board to help meet the needs of Sydney’s Crown cemetery sector.

The new skills-based board will oversee the Metropolitan Memorial Parks (MMP) Land Manager, which commenced on 1 July 2023 following the merger of three Crown cemetery operators: Rookwood General Cemeteries Reserve Land Manager, Northern Metropolitan Cemeteries Land Manager, and Southern Metropolitan Cemeteries Land Manager.

Metropolitan Memorial Parks performs an important public purpose, meeting the burial and cremation needs of the community.

Essential skills and experience being sought from prospective Board members include financial management, governance and risk management, organisational performance, stakeholder management, commercial strategy, and legal skills.

Other desirable attributes include skills and experience in place management, construction, change management and information technology.

The government is also keen to have a diverse and multicultural board that is reflective of the wider community, ensuring different beliefs and cultural practices are considered in relevant matters.

Up to seven Board members including a Chair will be appointed for an initial three years.

For further information visit the Metropolitan Memorial Parks Board application portal here or visit I work for NSWlaunch.

Minister for Lands and Property Steve Kamper said:

“The former Government left the Crown cemeteries sector in crisis, with many faith groups set to run out of burial space within three years.”

“The NSW Government, alongside administrator Ken Morrison, has hit the ground running with the creation of Metropolitan Memorial Parks. Now, we are looking for talented individuals to join its new Board and work with us to help steer the future of the Crown cemetery sector on behalf of the community.”

“This exciting opportunity will see Board members supported by the government to oversee Metropolitan Memorial Parks’ operations and work on interesting opportunities and challenges, including creating more cemetery space for Sydney, helping rethink the role cemeteries play as shared public open spaces, and engaging with key faith communities and stakeholders to meet consumer needs.”

A new policy to manage student behaviour and support safe and positive learning environments will be available to NSW public school teachers before the end of the year.

The Department of Education is now sharing its proposed Student Behaviour Policy with school leaders for feedback, following extensive consultation with education partners including the NSW Teachers Federation, the Primary Principals Association, the Secondary Principals Council and the Special Education Principals and Leaders Association.

The policy overhaul initiated by the Minns Labor Government earlier this year followed widespread feedback from teachers and principals that the former Liberal National Government’s behaviour strategy undermined teachers’ authority to maintain calm in their classrooms and impacted student learning.

The review delivers on a key commitment of the NSW Government to improve student behaviour management procedures so teachers can support safe, responsible and respectful student conduct.

It also reaffirms a commitment to help all students, including those with complex learning and support needs, to reach their full potential.

The proposed changes provide teachers and principals with the authority they need to appropriately manage student behaviour. This includes a scale of measures schools may use to address problem behaviour, including suspension and expulsion as critical safeguards where necessary.

Schools will continue to employ positive teaching strategies in classrooms to minimise disruption and encourage a productive learning environment.

The new policy will be released to NSW public schools in Term 4, 2023, for teacher training and familiarisation, before coming into effect in Term 1, 2024.

Deputy Premier and Minister for Education and Early Learning Prue Car said:

“Students and teachers have a right to learn and work in safe classrooms.

“We have heard loud and clear from teachers and principals that the procedures introduced by the former government did not enable safe and respectful classrooms to be maintained for students and staff.

“Our schools must be safe learning environments and our staff must have the support and authority they need to manage disruptive and challenging student behaviours.

“It’s important all students have a classroom environment that minimises disruptions, maximises teacher instruction time and enhances learning.”

Eligible pensioners across NSW can now apply for a rebate on their council rates to help with the rising cost of living.

An annual concession of up to $250 per property is available to pensioners for ordinary rates and domestic waste charges.

A further rebate of up to $87.50 is available for annual water rates and up to $87.50 for annual sewerage rates, where councils provide those services.

The NSW Government funds 55 per cent of the pensioner rebate, while councils pay the remaining 45 per cent. The Government’s share of the funding is provided to councils, which administer the entire rebate to eligible ratepayers.

Eligibility for the pensioner concessions is determined in accordance with the Australian Government’s policies on pensioner eligibility and income thresholds.

A range of further savings and support is available from the Government to help ease the cost of living for NSW pensioners.

Find out more on the Savings Finder pagelaunch of the Service NSW website 

Applications for payment of the Pensioner Concession Subsidy to local councils are now open. Councils have until Friday 6 October 2023 to submit their claims covering concessions provided to pensioners for the 2023-24 year.

Minister for Local Government Ron Hoenig said:

“The NSW Government understands people are doing it tough right now, with pensioners especially vulnerable to rising cost of living.

“The rate rebates provided each year by the Government and councils are an important relief measure to help ease the financial burden of day to day living expenses for pensioners.

“Councils also have the discretion to provide and fund further rebates for pensioners should they wish to do so.

“I encourage councils to submit their concession subsidy forms to the Office of Local Government before the October deadline and take full advantage of the funding available.”

Minister for Finance Courtney Houssos today announced the NSW Government will move to pause payroll tax audits for GPs and their practices for 12 months to allow for ongoing consultation with the Royal Australian College of General Practitioners and Australian Medical Association.

This follows the release on Friday 11 August 2023 of a practice note by Revenue NSW on payroll tax rules affecting GPs. The note was released after the conclusion of a series of court cases contested by the former government on the matter.

There will also be a 12-month pause on tax penalties and interest accrued on outstanding payroll tax debts incurred before and at the commencement of the 12-month period.

The change will be implemented through an amendment to the Revenue, Fines and Other Legislation Amendment Bill.

NSW GPs face cost pressures due to the former federal Liberal government’s decision to freeze rebates for many years.

Any threat to bulk-billing rates for NSW patients is a concern for the government, given the potential flow-on increase in presentations to emergency departments and hospitals, which are already under significant strain.

Minister for Finance Courtney Houssos said:

“This matter is historic and dates back to before 2018. Its resolution has been hampered by multiple court hearings and the neglect of the previous Coalition government. We understand this neglect has created great uncertainty in the GP community.

“That is why we will need time to satisfactorily resolve the matter.

“We also want time to assess the effects of the bulk-billing changes being introduced federally by the Albanese Government.

“The former federal Liberal government’s failure to index the bulk-billing rebate for Medicare against the CPI for a decade imposed cost stresses on GPs and patients alike.

“We are working hard to rebuild and restore essential services ignored by the previous government.

“This will take time but we are committed to doing this carefully and thoughtfully to achieve the best result we can.”

The toll-free Sydney Gateway has reached another major milestone, with 1 of 2 massive twin arch bridges over Alexandra Canal pushed into place as overall construction ticks past 70% completion on the airport traffic congestion solution. 

The twin arch bridges – each made with 1750 tonnes of Aussie steel – together will be wider than the Sydney Harbour Bridge and will eventually have capacity for 100,000 vehicles a day in a new link to the Sydney Airport precinct. 

The arch bridges each weigh over 3500 tonnes, are 108 metres long and 26 metres wide.

The first bridge in place required a methodical engineering operation across 15 days to push it safely over the heritage-listed canal.

Work is now underway on site to construct the second twin arch bridge, which is planned to be launched over the canal towards the end of 2023.  

Each completed bridge will have 4 lanes and will be easily visible to visitors flying into Kingsford-Smith Airport.

Sydney Gateway is forecast to carry up to 10,000 heavy vehicles per day and will link with the city’s growing motorway network at St Peters, providing a traffic light-free journey from Penrith to the domestic terminals.

For more information visit nswroads.work/sydneygatewaylaunch

Minister for Roads John Graham said:

“Sliding the arch bridge into place across the canal was an impressive piece of engineering and will have a lasting impact on the way motorists access Sydney Airport and the international terminal once completed.

“It has been clear for a long time that a traffic solution was needed to the road network around the airport and I am sure the travelling public look forward to the toll-free Sydney Gateway opening.

“We are proud to say these bridges are made with Australian steel and the construction team can now get on with building the road over the bridge deck.

“Sydney Gateway has created over 5000 jobs, with a lot of the steel and concrete sourced from western Sydney and Newcastle.”

The Minns Labor Government has recommitted itself to increasing disability access across NSW after tabling the 2021-22 NSW Public Authorities Disability Inclusion Action Plan (DIAP) Progress Report.

The annual report highlights the work public sector departments and local councils are doing to increase employment opportunities and access to public spaces for people with disability, but also reveals there’s still more work to be done.

Local councils continue to deliver a range of initiatives to improve the lives of people with disability.

The report notes the Blue Mountains City Council is making a particularly positive impact with its initiatives. This includes making the Eastern Escarpment more accessible, providing trampolines for wheelchair users at Glenbrook and hosting Mental Health First Aid workshops for frontline council staff.

Other councils across NSW are also implementing initiatives to help more people with disability find work, improve access to services and build more inclusive communities. Here is a snapshot of what some councils delivered in 2021-22:

• Byron Bay Shire Council approved a number of developments that included adaptable housing.
• Wollongong Shire Council created a youth centre quiet space, including dimmable lights, fidget toys and other sensory items. A quiet space was also provided as part of its annual Comic Gong festival.
• Cumberland City Council hosted an art exhibition curated by and featuring artists with disability.
• Sutherland Shire Council held a monthly connection cafe for people with dementia and their carers.

While there has been a lot of good work done across the state, the report recommends public sector agencies redouble their efforts to improve public sector employment for people with disability.

The Minns Labor Government is committed to increasing public sector disability employment following ten years of indifference under the former Liberal Government.

Under the Disability Inclusion Act 2014, all authorities in NSW must develop a DIAP which provides a public commitment to accessibility and inclusion.

To learn more about the progress councils and other public authorities are making for people with disability, visit DCJlaunch.

Minister for Disability Inclusion Kate Washington said:

“The Minns Labor Government is committed to improving the lives of people with disability. The latest Disability Inclusion Action Plan Progress Report shows local councils around NSW continue to innovate and make their communities more inclusive.

“While natural disasters present ongoing challenges for some local government areas, it’s pleasing to see councils remain focussed on achieving positive outcomes for people with disability.

“Many councils are doing it well, but there’s always more to do, especially when it comes to increasing employment for people with disability.”

Minister for Local Government Ron Hoenig said:

“Councils have a responsibility to support the diverse needs of the communities they are elected to represent. Ensuring people living with disability must be afforded equal access to opportunities and can enjoy accessible public spaces is an essential part of this.

“It’s great to see positive examples highlighted in the report and I encourage local councils to continue the important work they are doing to improve the lives of people living with disability.”

Blue Mountains City Council Mayor Mark Greenhill said:

“Equal access and opportunity is a fundamental human right and we want everyone who lives, works or visits the Blue Mountains to be able to experience all this special place has to offer.

“People with disability can face additional barriers to everyday activities like employment, recreation and services and there can often be simple ways to reduce or remove these. That’s why involving individuals with lived experience in consultation and decision-making is so central to improving accessibility and inclusion for everyone in the community.

“There’s always more work to do and our DIAP continues to provide a clear guide to help improve outcomes for people with disability across the Blue Mountains.”

Disability Council NSW Chair Jane Spring said:

“We know people with disability can face additional barriers to achieving employment, for example, and there are steps agencies can take to remove these.

“Whether it’s by undertaking targeted campaigns, providing centralised funding for workplace adjustments for staff, or offering trainee programs, there are many ways organisations can get on board. I encourage departments and local councils to continue to maximise the engagement of people with disability in every stage of their disability inclusion planning process.

“Importantly, I also encourage senior executives to be disability champions to further the inclusion of people with disability in every aspect of society.”

Local Government NSW President Darriea Turley said:

“Local Councils play a vital role in our communities and this report highlights the many ways they are making a difference for people with disability. A good DIAP provides a strong foundation to make positive change and it’s clear councils are doing their bit.”

Two statutory reviews into native vegetation management and biodiversity conservation laws have today been tabled in the NSW Parliament.

Minister for the Environment Penny Sharpe tabled the five-year statutory review of the Biodiversity Conservation Act 2016. Minister for Agriculture Tara Moriarty tabled the review of the native vegetation provisions of the Local Land Services Act 2013 (Part 5A, Schedule 5A and Schedule 5B).

The independent review of the Biodiversity Conservation Act 2016 has been conducted by a panel led by Dr Ken Henry, AC. It concludes the Act is not meeting its primary purpose of maintaining a healthy, productive and resilient environment. It makes 58 recommendations, including changes to the Biodiversity Offset Scheme.

The statutory review of Part 5A, Schedule 5A and Schedule 5B of the Local Land Services Act 2013 has been conducted with the assistance of an Independent Expert Advisory Panel. It found the objectives of the native vegetation provisions of the Act are valid, while identifying 13 recommendations to improve the implementation and outcomes of the Act.

The NSW Government will now consider both reviews, in consultation with key stakeholders, while developing a whole of government response.

Copies of the reports can be found via:

The Department of Planning and Environment websitelaunch

The Local Land Services websitelaunch

Minister for the Environment, Penny Sharpe said:

“The previous government presided over 12 years of environmental neglect that led to record numbers of threatened species, increased land clearing and saw koalas become endangered and on track to extinction.

“The Minns Government will closely consider the report’s recommendations, as we deliver on our election commitments to fix the Biodiversity Offset Scheme, strengthen environmental protections and stop runaway land clearing.”

Minister for Agriculture, Tara Moriarty said:

“Our farmers have a strong connection with their land, and we’re committed to working with them to ensure they continue to achieve productive outcomes, while providing support to protect and conserve native vegetation.

“Following a robust public consultation and review process, the review into the native vegetation provisions of the Local Land Services Act identified 13 recommendations to improve the implementation and outcomes of the Act.”