In the media
Commonwealth
OLG model social media policy - consultation draft
The Office of Local Government has released a model social
media policy for consultation across the industry. They say it has
been developed using "best practice from social media policies
of a diverse range of NSW councils, as well as from Commonwealth
and state government agencies" (28 July 2021). More...
MDB community projects get $28m Commonwealth funding
boost
Projects in 34 local government areas have secured funding
through the third round of the federal government's
Murray-Darling Basin Economic Development Program. The 51
projects were selected to help Basin communities address challenges
onset by drought, demographic change, and commodity price change.
Click here to see a list of approved projects
(23 July 2021). More...
$50m local job-creation fund open for applications
A Commonwealth initiative supporting local job-creation
has opened for applications, with up to $1 million available for
innovative projects (23 July 2021). More...
Council resourcing on regional telco review's
radar
Many local governments and communities lack the resources
to identify appropriate solutions to local telecommunications
problems, a new issues paper published as a prelude to the 2021
Regional Telecommunications Review says (23 July 2021). More...
Redesigned national fire danger rating system put to the
test
Testing of Australia's redesigned fire danger
forecasting system has begun in north Queensland, Western
Australia, and the Northern Territory. The operational trial of the
Australian Fire Danger Rating System (AFDRS)
program began on 1 July and will be extended to southern Australia
in October when the fire season begins. The Australasian Fire and
Emergency Service Authorities Council website has more information
about the AFDRS (23 July 2021). More...
Building resilient telecommunications
infrastructure
Australia's national science agency, CSIRO, and Optus
have released findings of a joint nationwide project to improve
bushfire resilience of critical telecommunications. The research
analysed where there is risk of damage to the network and where
upgrades could reduce vulnerability to future bushfire events (21
July 2021). More...
Victoria
Ombudsman takes complaints to Councils
The Victorian Ombudsman has released a new guide for
Councils to help them deal with complaints and reminded them to
look through a human rights lens when managing complaints. The
Ombudsman's Guide can be accessed here (29 July 2021). More...
Councils and complaints - a good practice guide 2nd
edition
"The Guide offers guidance on developing key
performance indicators and recording complaint data and complaint
handling processes," and incorporates the new provisions of
the Local Government Act 2020 which followed her recommendations
from sector-wide inquiries into councils' complaints practices
and procedures. More...
City of Melbourne to pilot community battery
network
The Power Melbourne project aims to eventually install a
city-wide network starting with a pilot around existing council
infrastructure. Future battery locations will be proposed for areas
where network demand is constrained or expected to increase over
the coming decades (29 July 2021). More...
Queensland
RADF funding flows for regional arts and culture
Hundreds of community-led arts and cultural experiences
will be activated across regional Queensland through $4.38 million
from the Regional Arts Development Fund 2021 - 2022
(RADF). For more information about RADF,
applicants are encouraged to visit their local council's
website or www.arts.qld.gov.aue (30 July 2021). More...
Fears for koalas as council removes land clearing
restrictions
Hundreds of trees in areas where koalas have been sighted
are being cleared around Gympie amid a housing boom in the region,
an environment council claims (29 July 2021). More...
Queensland trials mobility as a service
The 12-month Brisbane trial will test the ability to plan,
book and pay for multi-modal trips using a smartphone app. UQ CEO
Andrew Flannery says the trial demonstrates how collaboration
between government, research institutions, business and the
community can help find better transport options (29 July 2021).
More...
Greater council integrity for Queenslanders
The Office of the Independent Assessor will receive more
funding and Queensland communities will see improved clarity for
councillors around their decision-making, announced the Deputy
Premier and Minister for Local Government (28 July 2021). More...
Revitalisation of Ipswich's 'ghost town' CBD
restores confidence after years of council waste
It was known as the "never never" project,
taking more than 10 years of false starts to get off the ground.
Now, a multi-million-dollar CBD redevelopment promises to breathe
new life into a city once plagued with corruption scandals (27 July
2021). More...
In practice and courts
2021 Regional Telecommunications Review
Published as a prelude to the 2021 Regional
Telecommunications Review, the paper canvasses issues around
adequacy, opportunity, and awareness of telco services in both
rural, regional and remote areas of Australia. The issues paper,
consultation dates, and details on how to make a submission can be
found here. Written submissions should be lodged by
Thursday, 30 September 2021.
NBN Co releases guidelines for regional co-investment
fund
Local governments are being invited to apply to take part
in NBN Co's $300 million regional co-investment fund. Several
activities will not be eligible under the fund, including projects
that target fewer than 50 premises or are under $500K total build
cost. Please review the guidelines to determine eligibility.
The closing date for applications is 18 February 2022, with first
build estimate requests required no later than 1 October 2021.
Guidelines released for Black Summer Bushfire Recovery
Grants program
The guidelines for the Black Summer Bushfire Recovery
Grants are available on the business grants
hub website. The grants program supports the recovery efforts
of communities in eligible Local Government Areas affected by the
2019-20 bushfires. Applications for the program will be
open for submission closing on 2 September
2021. View more information on the BSBR
grants at the National Recovery and Resilience Agency's website.
Victoria
Bellarine Peninsula distinctive area and landscape:
Draft statement of planning policy
DELWP invites written submissions on the draft Bellarine Peninsula statement of planning
policy (SPP). The draft SPP has been prepared by DELWP in
collaboration with Traditional Owners the Wadawurrung, the Borough
of Queenscliffe, the City of Greater Geelong and relevant
government agencies. The draft SPP will guide the future of land
use and development on the?Bellarine Peninsula for the next 50
years. For further information please visit Engage Victoria. Submissions must be lodged by
20 August 2021.
Determination of allowances for Mayors, Deputy Mayors
and Councillors
The Victorian Independent Remuneration Tribunal would like
to hear your views about allowances payable to Mayors, Deputy
Mayors and Councillors and allowance categories. The Determination
will take effect from 18 December 2021. Make a written submission
to the Tribunal in relation to the Determination, please email the Tribunal Secretariat before 16
August 2021. Submissions open 5 July 2021. Click here for more information.
Twenty-eight councils collaborate on joint ESD
project
The Elevating Targets Working Group, comprising officers
from CASBE, Yarra, Moreland and Port Phillip City Councils and
Mitchell Shire Council will manage the project on behalf of the
twenty-eight participating councils. The MAV will run the tender
process, anticipated to start July 2021. More information about the
project can be found here.
Supporting more regional Victorian events and
festivals
A new fund to support regional Victoria's vibrant and
diverse calendar of events and festivals has been launched by the
State Government. The $1 million Regional Community Events Fund
will support regional events that attract up to 1000 people.
Eligible applicants will include all local regional and rural
councils, public event organisers, and direct venue operators. More
information can be found here.
Queensland
Works for Queensland projects across the region
The Works for Queensland program supports regional
councils to undertake job-creating maintenance and minor
infrastructure projects such as parks and playgrounds, community
and sports facilities, swimming pools and water play areas,
renewable energy initiatives, footpaths, roads and water
infrastructure. A further $200 million committed for 2024-27. For
more information visit Works for Queensland.
Cases
Clarence City
Council [2021] FWCA
4303
Fair Work Act 2009 s.185 - enterprise agreement - application for
approval of the Rosny Early Learning Enterprise Agreement
#7/2021.
Diaz v Ruddock; Attie v
Ruddock [2021] NSWSC
881
ASSOCIATIONS AND CLUBS - particular bodies - political
organisations - preselection disputes - construction of
Constitution of Liberal Party of Australia NSW Division - no issue
of principle.
Commonwealth Constitution; Constitution Act 1902 (NSW); COVID-19
Legislation Amendment (Emergency Measures) Act 2020 (No 1) (NSW);
Electoral Funding Act 2018 (NSW); Local Government Act 1993
(NSW); Local Government (General) Regulation
2005 (NSW).
Zaiter v
Ruddock [2021] NSWSC
880
ASSOCIATIONS AND CLUBS - particular bodies - political
organisations - preselection disputes - construction of
Constitution of Liberal Party of Australia NSW Division - no issue
of principle.
COVID-19 Legislation Amendment (Emergency Measures) Act 2020 (No 1)
(NSW); Electoral Funding Act 2018 (NSW); Local Government Act
1993 (NSW); Local Government (General) Regulation 2005
(NSW).
Dubow v Mid-Western Regional
Council [2021] NSWSC
922
COSTS - application for gross sum costs order pursuant to s 98(4)
Civil Procedure Act 2005 (NSW) - plaintiff unsuccessful at final
hearing and various pre-trial applications - need for several
directions hearings and notices of motion prior to final hearing
arose because of plaintiff's conduct - reduction of gross sum
to ensure plaintiff is not prejudiced by the application.
EMF v Cessnock City
Council [2021] NSWCATAD
219
ADMINISTRATIVE LAW - privacy - review of conduct of agency and if
in contravention of IPP 3 and/or IPP 10 - reasonable steps to
notify an IPP 3 compliant notice before or after collection -
impact of contrary statement in Privacy Statement and collecting
information in confidence on right given to Councils under clause
4.11(1) of the Privacy Code of Practice for Local Government to use
information for other purposes - assessing causation and amount of
damages for psychological harm under s 54 PPIP Act. Local
Government Act 1993 (NSW); Privacy and Personal Information
Protection Act 1998 (NSW).
Allen Price & Scarratts Pty Ltd v
Shoalhaven City Council [2021] NSWLEC
1362
APPEAL - development application - subdivision - community title -
threatened species - assessment guidelines - green and golden bell
frog - endangered ecological communities - hollow bearing trees -
water sensitive urban design (WSUD) - impacts on oyster leases -
PFAS contamination - remediation - containment cell - adaptive
management - community management statement.
Blues Point Hotel Property Pty Ltd v
North Sydney Council (No 2) [2021]
NSWLEC 79
COSTS - discretion to award costs pursuant to r 42.1 of the Uniform
Civil Procedure Rules - whether costs should be apportioned -
applicant successful on first of three issues for determination -
first issue for determination not clearly discrete issue in
proceedings - usual order made.
Doimo v Queanbeyan-Palerang Regional
Council [2021] NSWLEC
1417
APPEAL - development control order - stop works order - restore
works order - earthworks - conciliation conference - agreement
between the parties - orders.
Pont v Hawkesbury City
Council [2021] NSWSC
876
COSTS - proceedings for nuisance - settlement reached involving
dismissal of proceedings - whether circumstances warrant departure
from usual position stated in Uniform Civil Procedure Rules 2005
(NSW) r 42.20 - where both parties acted reasonably - where Court
could not be confident that if matter had gone to trial plaintiffs
would almost certainly have succeeded - no order made as to
costs.
GG Propco No 3 Pty Ltd v Sunshine Coast
Regional Council & Ors [2021] QPEC
38
PLANNING AND ENVIRONMENT - APPLICATION - COSTS - where appellant
and first co-respondent by election sought costs - where costs
concerned application filed on behalf of appellant seeking
discharge of disclosure obligations by first co-respondent by
election among other ancillary relief - where application for
disclosure unnecessary in the circumstances - where first
co-respondent by election acted inappropriately as commercial
competitor - where each party to bear their own costs of the
application Planning and Environment Court Act 2016 Qld s 60.
Upan Company Pty Ltd v Gold Coast City
Council [2021] QPEC
37
PLANNING AND ENVIRONMENT - APPEAL AGAINST REFUSAL OF OTHER CHANGE
APPLICATION - where original application concerned stepped form
high rise residential development - where appellant seeks approval
of other change application for built form residential development
- where proposed other change concerns reductions of storeys,
increase of building height.
WHERE PROPOSED OTHER CHANGE RAISED NUMEROUS ISSUES - whether
proposed other change application complied with provisions of
planning scheme concerning bulk, height, and form - density -
character and streetscape - landscaping and deep planting -
shadowing, privacy and views.
CONFLICT WITH PLANNING SCHEME - whether proposed development
results in unacceptable impacts in respect of setbacks and site
cover - landscaping, de-planting and streetscape outcome - loss of
stepped design - building height transition - density - wind -
whether proposed development can be appropriately conditioned to
achieve compliance.
Planning Act 2016 Qld s 45, 60, 78, 82; Planning and Environment
Court Act 2016 Qld s 43.
Habermann v Cook Shire
Council [2021] QSC
172
WORKERS' COMPENSATION - MISCELLANEOUS MATTERS - INTERLOCUTORY
APPLICATION - COSTS - where the applicant is a worker to whom
chapter 5 part 12 division 2 Worker's Compensation
Rehabilitation Act 2003 (Qld) applies - where section 316(1) of
division 2 precludes an order about costs by the court "in the
claimant's proceeding" other than allowed under s 316 -
where s 318C exists as an exception to s 316 where there is an
interlocutory application - whether the "interlocutory
application" referred to in s 318C is one brought in the
claimant's proceeding - whether costs should be ordered with
respect to an interlocutory application for disclosure of
comparative wages documents and opposing counsel's advice -
whether the application was concerned with the progression of a
filed claim rather than events prior thereto - whether the
application was brought because of unreasonable delay by the
respondent.
Kelsey v Logan City Council &
Ors [2021] ICQ 11
PROCEDURE - CIVIL PROCEEDINGS IN STATE AND TERRITORY COURTS - COSTS
- GENERAL RULE: COST FOLLOW EVENT - INDEMNITY COSTS - PARTICULAR
CASES - HOPELESS CASES - UNREASONABLE CONDUCT - OR DELINQUENCY
RELATING TO PROCEEDINGS - where the appellant was unsuccessful in
proceedings against the respondents brought in the Queensland
Industrial Relations Commission - where the appellant filed an
appeal without articulating grounds - where the appellant then
abandoned the appeal against the second respondent - where the
second respondent then applied for costs of the appeal - where the
Industrial Relations Act 2016 abrogates the general rule that costs
follow the event - whether costs should be ordered in favour of the
second respondent - whether costs should be awarded on an indemnity
basis.
INDUSTRIAL LAW - QUEENSLAND - APPEALS - APPEAL TO INDUSTRIAL COURT
- where the appellant brought proceedings against the respondents
in the Queensland Industrial Relations Commission - where those
proceedings were dismissed - where the appellant appealed and then
discontinued the appeal against the second respondent - where the
second respondent seeks costs on an indemnity basis - where the
Industrial Relations Act 2016 abrogates the usual rule that costs
follow the event - whether indemnity costs should be ordered -
whether the principles established for awarding indemnity costs
apply in the Industrial Court where costs do not follow the
event.
Concerns were expressed to Ms Kelsey about her performance. [6], Ms
Kelsey made a public interest disclosure to the Council, the
Minister for Local Government and the Crime and
Corruption Commission. That disclosure alleged possible misconduct
by Mayor Smith.
CFMEU (Construction Forestry Mining
& Energy Union) v Melbourne
CC [2021] VCAT 791
Section 77 of the Planning & Environment Act 1987; Melbourne
Planning Scheme;Signage - heritage impact.
Legislation
Commonwealth
Water Amendment (Authorised Compliance
Officers-Fit and Proper Requirements) Regulations
2021
28/07/2021 - these regulations amend the Water Regulations 2008 by
prescribing certain matters relating to the appointment of
authorised compliance officers for the purpose of supporting
amendments to the Water Act 2007.
Victoria
Statutory rules
No 92 Environment Protection Amendment
(Wind Turbine Noise) Regulations 2021
27 July 2021. These Regulations come into operation on 1 August
2021.
Acts commencements
Local Government Act 2020 (Vic)
Date of commencement: 1 July 2021.
Sections 44-46, 48-51, 71-86, 102-105, 107-122, 330, 362, Schedule
1 (items 1.2, 6, 8.2,8.3, 8.4, 8.5, 8.6, 13.5, 13.6, 18.2,
21.5,28.2, 28.3, 30.2, 39.1(b), 40.4, 40.6,43.3, 54.2, 57, 58, 66,
69.2, 69.3, 69.4,70.2, 73, 90.1, 90.3, 90.4, 101, 103) of this Act
came in by forced commencement on 1 July 2021 s.2 (4) Act Number:
9/2020.
This publication does not deal with every important topic or change in law and is not intended to be relied upon as a substitute for legal or other advice that may be relevant to the reader's specific circumstances. If you have found this publication of interest and would like to know more or wish to obtain legal advice relevant to your circumstances please contact one of the named individuals listed.