18 June 2024
12 min read
#Government, #Workplace Relations & Safety
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With SafeWork NSW announcing a crack down on government agencies and large companies to ensure compliance with the new psychosocial hazard laws, government department and agencies are encouraged to review the adequacy of their internal processes to ensure they meet the new standards and be prepared to respond to with the regulator’s new focus.
On 22 May 2024, SafeWork NSW released its Psychological Health and Safety Strategy 2024–2026 (Strategy). Under the Strategy, SafeWork NSW has stated that it will increase regulatory action against high-risk and large businesses, as well as government agencies.
More specifically, SafeWork inspectors will conduct ‘psychological WHS checks’ when visiting a workplace with 200 or more employees. Employers that fail to comply with their work health and safety (WHS) duties will face regulatory action and a potential WHS prosecution in the case of a serious or repeated breach.
It is essential for government agencies and departments to understand their obligations and be prepared.
A psychosocial hazard is an aspect of the work environment that may induce a stress response in a worker or other person, leading to psychological or physical harm. Psychosocial hazards may arise from:
Common psychological hazards include work overload, bullying, harassment, lack of role clarity and exposure to traumatic events.
Under WHS laws, persons conducting a business or undertaking (PCBUs) have a positive duty to manage psychosocial risks within their workplace. To discharge this duty, control measures must be implemented to eliminate psychosocial risk, or where it is not reasonably practicable to eliminate the risk, minimise the psychosocial risk so far as reasonably practicable.
In light of the Strategy, it is essential that PCBUs review the effectiveness of the current control measures in place to manage psychosocial risks and assess them against the controls recommended in the SafeWork NSW code of practice, Managing psychosocial hazards at work. In assessing what control measures to implement, the following should be considered:
See our earlier articles on how to protect your staff from psychosocial hazards and legislative changes in other states and territories for more information. If you have any questions on managing psychosocial hazards in the workplace, please get in touch with a member of our team below.
Authors: Michael Selinger & Annelise Harper
PwC failure threatens integrity of APS, report says
A senate committee report into the integrity of government consulting services has made 12 recommendations for change, saying the PwC scandal and other ‘ethical failures’ by consultants threaten the integrity of the entire public service (13 June 2024). Read more here.
Freight Policy Reform – Local Government NSW
Local Government NSW (LGNSW) reviews the Freight Policy Reform: Consultation Paper and provides a submission to Transport for NSW in response to the NSW Freight Policy Reform program (5 June 2024). Read the consultation paper here. Read the submission here.
Report snapshot: Universities 2023
The Audit Office of NSW provides the financial audit results of the NSW public universities’ financial statements for the year ended 31 December 2023. The report provides the audit findings, key issues and recommendations (12 June 2024). Read more here.
Report snapshot: Oversight of the child protection system
The Audit Office of NSW has conducted an audit assessing the effectiveness of the Department of Communities and Justice (DCJ) in planning, designing, and overseeing the NSW child protection system. They have assessed the performance of five non-government organisations (NGOs), that were contracted to provide child protection services (6 June 2024). Read the report here.
Reissued Practice Note SC EQ 7 – Probate and Family Provision List
Chief Justice has reissued the Practice Note SC EQ 07 – Probate and Family Provision List, with a commencement date of 17 June 2024 (13 June 2024). Access the practice note here.
Electronic Conveyancing National Law National Enforcement Framework – Detailed Proposal Consultation Draft
The LCA has provided a submission to respond to the Electronic Conveyancing National Law National Enforcement Framework—Detailed Proposal Consultation Draft (the Paper) issued by the Australian Registrars’ National Electronic Conveyancing Council (ARNECC). The Law Council notes that this consultation follows a previous consultation on enforcement measures at a national level in 2021, and the implementation of interim enforcement measures in New South Wales through the Electronic Conveyancing Enforcement Act 2022 (NSW) (the NSW Act) (13 June 2024). Access the submission here.
Wollondilly Shire Council v Styles [2024] NSWCATAP 104
ADMINISTRATIVE LAW – whether evidence, other than the documents themselves, is required to establish legal professional privilege under the Government Information (Public Access) Act 2009 (NSW) – alleged inadequacy of reasons as a question of law.
Civil and Administrative Tribunal Act 2013 (NSW) ; Evidence Act 1995 (NSW) ; Government Information (Public Access) Act 2009 NSW.
Freind v Commissioner of Police, NSW Police Force [2024] NSWCATAD 163
Administrative Law – firearms – mental health issues – failure to declare – public interest.
Civil and Administrative Tribunal Act 2013; Administrative Decisions Review Act 1997; Firearms Act 1996.
Vandenberk and Secretary, Department of Education [2024] AATA 1668
EDUCATION – HECS-HELP – debt remission – whether special circumstances apply – where all 3 criteria must be met – whether circumstances were abnormal, uncommon or unusual and beyond applicant’s control – whether full impact of circumstances was on or after census date – whether circumstances made it impracticable for applicant to complete the requirements for the unit – Tribunal not satisfied that special circumstances apply – decision affirmed.
Administrative Appeals Tribunal Act 1975 (Cth); Higher Education Support Act 2003 (Cth); Mental Health Act 2014 (Vic).
Snowy Mountain Bush Users Group Inc v Minister for the Environment [2024] NSWSC 711
ADMINISTRATIVE LAW – judicial review – whether Minister's decision pursuant to s 10(1) Kosciuszko Wild Horse Heritage Act 2018 (NSW) involves jurisdictional error – application for interlocutory injunction to prevent culling of wild horses – whether plaintiff has standing – whether serious issue to be tried – where delay in commencing proceedings – where plaintiff has not proffered an undertaking as to damages – adequacy of damages as a remedy if injunction not granted – balance of convenience.
Kosciuszko Wild Horse Heritage Act 2018 (NSW), ss 4, 5, 6, 7, 8, 9, 10, 12; National Parks and Wildlife Act 1974 (NSW) ss 12, 73B, 81, 193; Prevention of Cruelty to Animals Act 1979 (NSW), ss 4, 5; Uniform Civil Procedure Rules 2005 (NSW), r 59.10.
Cross v Secretary of the Department of Education (No 3) [2024] NSWIRComm 1035
EMPLOYMENT AND INDUSTRIAL LAW – Termination – Statutory rights – Unfair dismissal – teacher dismissed after performance found to be unsatisfactory following an Executive Teacher Improvement Program – whether there was a proper basis to place teacher on Program – whether process impacted by bias or discrimination – whether dismissal otherwise unreasonable or unjust – whether dismissal harsh.
Anti-Discrimination Act 1977 ss 49B, 49D; Industrial Relations Act 1996 ss 84, 88, 89; Teacher Accreditation Act 2004 s 42B; Teaching Service Act 1980 ss 5A, 7, 8, 44, Pt 4A ss 93A, 93B, 93D, 93H, 93J.
Warriewood Developers Pty Ltd v Northern Beaches Council [2024] NSWLEC 1321
DEVELOPMENT APPLICATION – subdivision – creek line works – construction of residential flat buildings – appeal upheld.
Biodiversity Conservation Act 2016, s 7.2; Environmental Planning and Assessment Act 1979, ss 1.3, 4.15, 4.47, 8.7, 8.14, 10.3; Land and Environment Court Act 1979, s 39; Water Management Act 2000, s 91; Rural Fires Act 1997, s 100B.
Biodiversity Conservation Regulation 2017, ss 7.1-7.3; Pittwater Local Environmental Plan 2014, cl 4.3, 4.6, 5.21, 6.1, 7.1, 7.2, 7.6, 7.10; State Environmental Planning Policy (Planning Systems) 2001, s 2.19, Sch 6 s 3; State Environmental Planning Policy (Resilience and Hazards) 2021, ss 2.7, 2.8; State Environmental Planning Policy 65 – Design Quality of Residential Apartment Development, Pt 2.
Sicard v The Hills Shire Council [2024] NSWCATAD 162
Administrative Law – GIPA Act – Government Information – Access – Balancing competing public interest factors for and against disclosure.
Civil and Administrative Tribunal Act 2013; Administrative Decisions Review Act 1997; Government Information (Public Access) Act 2009.
Lee v Commissioner for Fair Trading [2024] NSWCATOD 79
ADMINISTRATIVE LAW – administrative review – occupation – qualifications and registration – professional engineer and design practitioner registration – alternative registration pathway requirements – whether experience is at least or equivalent to prescribed requirements.
Administrative Decisions Review Act 1997; Building and Development Certifiers Act 2018; Design and Building Practitioners Act 2020; Home Building Act 1989.
Bills introduced – Government
Catholic Cemeteries and Crematoria Trust Bill 2024 – introduced LA 6 June 2024
Community Services Sector (Portable Long Service Leave) Bill 2024 – introduced LA 5 June 2024
Electoral Funding Amendment Bill 2024 – introduced LA 4 June 2024
Energy Legislation Amendment (Clean Energy Future) Bill 2024 – introduced LA 5 June 2024
Energy Security Corporation Bill 2024 – introduced LA 4 June 2024
Government Sector Employment and Other Legislation Amendment Bill 2024 – introduced LC 6 June 2024
Prevention of Cruelty to Animals Amendment (Transparency and Fit and Proper Persons) Bill 2024 – introduced LC 6 June 2024
Rice Marketing Amendment Bill 2024 – introduced LC 6 June 2024
Statute Law (Miscellaneous Provisions) Bill 2024 – introduced LC 6 June 2024
Transport Administration Amendment Bill 2024 – introduced LA 4 June 2024
Work Health and Safety Amendment (Industrial Manslaughter) Bill 2024 – introduced LA 4 June 2024
Bills introduced – Non-Government
Alcohol Consumption in Public Places (Liberalisation) Bill 2024 – introduced LC 5 June 2024
Automated External Defibrillators (Public Access) Bill 2024 (No 2) – introduced LA 6 June 2024
Environmental Planning and Assessment Amendment (Disallowance of Transport Oriented Development SEPP) Bill 2024 – introduced LC 5 June 2024
Protection of the Environment Operations Amendment (Balloons) Bill 2024 – introduced LA 6 June 2024
Road Rules Amendment (Helmets–Sikh Exemption) Bill 2024 – introduced LC 5 June 2024
Bills revised following amendment in Committee
Bail and Other Legislation Amendment (Domestic Violence) Bill 2024 – passed by both Houses 6 June 2024
Emergency Services Levy Amendment (Land Classification) Bill 2024 – passed by both Houses 5 June 2024
Law Enforcement (Powers and Responsibilities) and Other Legislation Amendment (Knife Crime) Bill 2024 – passed by both Houses 6 June 2024
Residential (Land Lease) Communities Amendment Bill 2024 – introduced LC for concurrence 6 June 2024
Bills passed by both Houses of Parliament
Bail and Other Legislation Amendment (Domestic Violence) Bill 2024 – passed by both Houses 6 June 2024
Emergency Services Levy Amendment (Land Classification) Bill 2024 – passed by both Houses 5 June 2024
Emergency Services Levy Insurance Monitor Bill 2024 – passed by both Houses 5 June 2024
Law Enforcement (Powers and Responsibilities) and Other Legislation Amendment (Knife Crime) Bill 2024 – passed by both Houses 6 June 2024
Museums of History NSW Amendment (Chief Executive Officer) Bill 2024 – passed by both Houses 5 June 2024
Regulation and other miscellaneous instruments
Notice under the Land Acquisition (Just Terms Compensation) Act 1991 (2024-205) – published LW 14 June 2024
Treasurer’s Direction TD24-18 – Amendment to TD21-03 Submission of Annual GSF Financial Statements for NSW public sector agencies that are not included in TD21-02 (2024-203) – published LW 12 June 2024
Treasurer’s Direction TD24-19 – Amendment to TD21-02 Mandatory Annual Returns to Treasury (2024-204) – published LW 12 June 2024
Births, Deaths and Marriages Registration Amendment (Fees) Regulation 2024 (2024-192) – published LW 7 June 2024
Casino Control Amendment (Manager Appointment Extension) Regulation 2024 (2024-193) – published LW 7 June 2024
Design and Building Practitioners Amendment (Miscellaneous) Regulation 2024 (2024-194) – published LW 7 June 2024
Electoral Amendment (Technology Assisted Voting at By-elections) Regulation 2024 (2024-195) – published LW 7 June 2024
Land Tax Management Regulation 2024 (2024-196) – published LW 7 June 2024
Road Transport Amendment (Automated Seatbelt Enforcement) Rule 2024 (2024-197) – published LW 7 June 2024
State Debt Recovery Regulation 2024 (2024-198) – published LW 7 June 2024
Uniform Civil Procedure (Amendment No 101) Rule 2024 (2024-199) – published LW 7 June 2024
Environmental Planning Instruments
Bega Valley Local Environmental Plan 2013 (Amendment No 45) (2024-206) – published LW 14 June 2024
Campbelltown Local Environmental Plan 2015 (Amendment No 33) (2024-207) – published LW 14 June 2024
Canterbury-Bankstown Local Environmental Plan 2023 (Amendment No 3) (2024-208) – published LW 14 June 2024
Canterbury-Bankstown Local Environmental Plan 2023 (Amendment No 4) (2024-209) – published LW 14 June 2024
Central Darling Local Environmental Plan 2012 (Amendment No 5) (2024-210) – published LW 14 June 2024
Central Coast Local Environmental Plan 2022 (Amendment No 6) (2024-200) – published LW 7 June 2024
Dubbo Regional Local Environmental Plan 2022 (Amendment No 3) (2024-201) – published LW 7 June 2024
Eurobodalla Local Environmental Plan 2012 (Amendment No 19) (2024-202) – published LW 7 June 2024
Disclaimer
The information in this publication is of a general nature and is not intended to address the circumstances of any particular individual or entity. Although we endeavour to provide accurate and timely information, we do not guarantee that the information in this newsletter is accurate at the date it is received or that it will continue to be accurate in the future.
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