What's in the news?

'It's not love, it's coercive control'

The NSW Government launched an advertising campaign on 1 May 2024 to raise public awareness and understanding of coercive control. Using the tagline, “It’s not love, it’s coercive control. Know the signs of abuse,” this campaign uses video, audio and static advertisements with the slogan to show coercive control as a pattern of abusive behaviour over time.

This campaign was a recommendation of the Joint Select Committee on Coercive Control, which highlighted the need to support community awareness of coercive control prior to the commencement of the Crimes Legislation Amendment (Coercive Control) Act 2022 which will criminalise coercive control in current or former intimate partner relationships in NSW starting from 1 July 2024. If found guilty, perpetrators can face up to a maximum of 7 years in prison.

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

Helping Australians navigate surrogacy

The Government has launched a new national hub, the Surrogacy in Australia website that provides an overview of domestic surrogacy, surrogacy overseas, recognition of parentage in Australia, ethical guidelines on the use of assisted reproductive technology and human rights and surrogacy concerns.

The website makes clear that commercial surrogacy is illegal in all states and territories and warns that in many other countries, surrogacy is unregulated or poorly regulated.

Australian surrogacy law protects the human rights of children born of surrogacy, their surrogate mothers and intended parents. Each state and territory has its own laws about surrogacy arrangements and the website will direct users to relevant laws in each jurisdiction.

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

NSW Government to implement all of Ombudsman’s recommendations in ‘garnishee orders’ report

The NSW Ombudsman released a report Revenue NSW – The lawfulness of its garnishee order process on 30 April 2024 centering on Revenue NSW’s use of garnishee orders to withdraw funds directly from individuals’ bank accounts between 2016 and 2022. 

The Ombudsman’s report concluded that:

• the previous government’s garnishee orders system for fines between January 2016 to March 2019 was unlawful. 
• Revenue NSW’s conduct to recover state debts from March 2018 to March 2019 was contrary to law as it did not comply with the State Debt Recovery Act. 
• Revenue NSW’s implementation between March 2019 and March 2022 was wrong by not providing decision makers with complete information to undertake their work.

There is no suggestion that Revenue NSW’s current use of the garnishee order system is unlawful or wrong.

The Chief Commissioner of State Revenue has written to the NSW Ombudsman and committed Revenue NSW to implementing all of his recommendations.

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

Practice and procedure update: Forms

Due to the commencement of the Family Law Amendment Act 2023 and the Family Law (Information Sharing) Act 2023 (the Family Law Act Amendments) a number of court forms have been updated. You should use these new forms from 4.30pm on Friday 3 May 2024. If you have saved a copy of the old forms you should download and save a copy of the new forms. There will be a grace period of one month close of business closing 7 June 2024 where the court will accept the old forms.

Due to the nature of the changes to the following four forms, there is no general grace period for the filing of the old versions after 4:30pm (close of filing) on Friday 3 May 2024:

• Annexure to Proposed Consent Parenting Order (Current Case)
• Application – Contravention
• Application – Enforcement, and
• Application for Consent Orders if parenting orders are sought.

You must file the updated versions of these forms from 4.30pm on Friday 3 May 2024.

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

Recovery support extended for flood-affected NSW communities

Disaster assistance has been extended to the following local government areas to address the impact of heavy rainfall and flooding from 1 April 2024:

• Armidale
• Campbelltown
• Lismore
• Moree Plains
• Northern Beaches
• Port Stephens.

The support available to eligible residents includes:

• assistance to help meet immediate needs like emergency accommodation or small cash payments to purchase essential items generally provided from evacuation or recovery centres
• grants to replace lost essential household items to maintain basic standard of living
• grants to undertake essential structural repairs to restore their homes to a safe and habitable condition.

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

Family law changes from 6 May 2024

On 6 May 2024 new laws relating to family law parenting matters will come into effect, changing:

• what a court must consider when determining what is in a child’s best interests, and
• how separated parents make decisions about long-term issues regarding their children.

The changes will affect:

• parties involved in parenting proceedings that continue after 6 May 2024
• parties who apply for parenting orders after 6 May 2024.

Court forms have been updated to reflect the change in the law. You should use the new forms for any forms you file after 4:30pm on 3 May 2024.

There is a grace period for using the old forms until 4:30pm (close of filing) on 7 June 2024 for all of the amended forms except for the:

• Annexure to Proposed Consent Parenting Order (Current Case)
• Application – Contravention
• Application – Enforcement, and
• Application for Consent Orders if parenting orders are sought.

You must use these forms from 4:30pm on 3 May 2024. 

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

New online form for general protections applications involving dismissal (Form F8)

The General protections application involving dismissal online form (Form F8) is now available in the Online Lodgment Service (OLS).

The online form has replaced the previous version where forms were uploaded into the OLS.

You can now lodge the following forms using the OLS:

• Unfair dismissal application (Form F2) – online form
• General protection applications (Form F8) – online form, F8C upload form
• Unlawful termination application (Form F9) – upload form
• Agreement approval application (Form F16) – online form
• Application to stop bullying at work (Form F72) – upload form.

The online forms are designed to be easy to use, and include:

• prompts to help you provide the information needed to make a complete application
• an auto-fill function
• links to other resources that might help you.

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

NSW Government supports for people impacted by Bondi Junction incident

There are a number of supports available fro people impacted directly and indirectly by the Bondi Junction incident, including:

• Victims and families can access support through the Victims Support Scheme by calling the dedicated phone line for this incident on 1800 019 123 9am to 5pm, Monday to Friday.
• NSW Police have assigned a Family Liaison Officer to support each impacted family of the deceased.
• The NSW Mental Health Line is available 24/7, with specialist staff available to speak to anyone affected by the attack by calling 1800 011 511.
• Mental health services have also been activated for first responders.

The Victims Support Scheme provides:

• counselling to help victims recover from the psychological and emotional impacts of a crime
• financial assistance for immediate needs, for example health expenses resulting from the violent crime
• financial assistance for economic loss to cover other expenses resulting from a violent crime, depending on their situation
• assistance to pay for funeral expenses on behalf of family members of a homicide victim
• a recognition payment to acknowledge the violent crime.

General supports for the community are also available:

• Lifeline: Call 13 11 14, text 0477 13 11 14 or chat online.
• Kids Helpline: Call 1800 55 1800 or chat online.
• Beyond Blue: Call 1300 22 4636 or chat online.
• 1800RESPECT: Call 1800 737 732, text 0458 737 732 or chat online.
• 13 Yarn: Call 13 92 76.
• MensLine Australia: Call 1300 78 99 78.

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

NSW Government zeroes in on road safety

The NSW Government is doubling roadside enforcement sites used for mobile speed cameras, with cameras being deployed in 2,700 new sites across the state. Mobile speed camera enforcement hours are not being increased.

New enforcement sites are among the measures being introduced to improve road safety. Other measures include:

• requiring all motorists driving on a foreign licence to convert to a NSW licence within six months
• the introduction of seatbelt enforcement by existing mobile phone detection cameras commencing on July 1
• the demerit point trial that earlier this month saw 1.1 million drivers get a demerit point wiped from their licence for maintaining a spotless record over 12 months

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

Recovery centres open in the Illawarra to support flood-affected residents

Recovery centres are now in operation in Thirroul and Warrawong, providing Illawarra residents with access to mental health services, legal aid, community not-for-profits, and government representatives, including:

• Service NSW, including Business Concierges (at Thirroul)
• NSW Reconstruction Authority
• Salvation Army
• Insurance Council of Australia
• Telephone interpreting services.

Support is also available through Service NSW for those unable to visit in person, with Customer Care specialists available by phone on 13 77 88.

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

Recovery support extended for flood-affected communities

Disaster assistance has been extended to the following local government areas to address the impact of heavy rainfall and flooding from 1 April 2024:

• Blacktown
• Byron Bay
• Central Coast
• Clarence Valley
• Dungog
• Gwydir
• Hornsby
• Lake Macquarie
• Lithgow
• Maitland
• Mid-Coast
• Oberon
• The Hills
• Yass Valley.

The support available to eligible residents includes:

• assistance to help meet immediate needs like emergency accommodation or small cash payments to purchase essential items generally provided from evacuation or recovery centres
• grants to replace lost essential household items to maintain basic standard of living
• grants to undertake essential structural repairs to restore their homes to a safe and habitable condition.

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

Recovery support for flood-affected communities

Disaster assistance is now available to address the impact of flooding from 5 April 2024 in the following Local Government Areas:

• Blue Mountains
• Camden
• Hawkesbury
• Kiama
• Liverpool
• Penrith
• Shellharbour
• Shoalhaven
• Sutherland
• Upper Lachlan
• Wingecarribee
• Wollondilly
• Wollongong.

The support available to eligible residents includes:

• assistance to help meet immediate needs like emergency accommodation or small cash payments to purchase essential items generally provided from evacuation or recovery centres
• grants to replace lost essential household items to maintain basic standard of living
• grants to undertake essential structural repairs to restore their homes to a safe and habitable condition.

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

Demerit point wiped for 1.1 million safe drivers

Under the NSW Governments demerit point trial, 1.1 million motorists will have a demerit point removed from their licence as a reward for maintaining good driver behaviour. The 12-month trial, which ended on January 16, provided an incentive for drivers to follow the road rules by removing a demerit point from the licence of those who remained offence-free during the trial.

The trial was extended for another twelve months, to run from 17 January 2024 to 16 January 2025. It applies to anyone with a NSW unrestricted licence, including professional drivers, and a demerit point on their record.

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

Sydney Drug Court Expansion

Amendments to the Drug Court Regulation commenced on 29 March 2024, expanding the catchment area of Sydney Drug Court to include:

• Bayside
• Burwood
• Canada Bay
• City of Sydney
• Georges River
• Hunters Hill
• Inner West
• Lane Cove
• Mosman
• North Sydney
• Randwick
• Ryde
• Strathfield
• Waverley
• Willoughby
• Woollahra. 

For more information, see Who is eligible on the Drug Court of NSW website.

Privacy Awareness Week NSW 2024 - Save the Date

Privacy Awareness Week will take place from 6 – 12 May 2024 and the theme for this year is Privacy and technology: Improving transparency, accountability, security.

Privacy Awareness Week aims to improve understanding and awareness of NSW privacy legislation, raise awareness of a person’s privacy rights, and remind agencies of their privacy obligations. This year’s theme will focus on creating a more responsible and secure digital landscape that balances technological advancements with the preservation of individual privacy rights.

For more information, see Privacy Awareness Week NSW 2024 on the Information and Privacy Commissions NSW website.

New page limits on the length of the Employer’s Reply

From 28 March 2024, Employer’s Responses to Unfair Dismissal applications filed in accordance with cl 4.5(2) of the Industrial Relations Rules 2022 must be no more than 30 pages without leave of the Commission.

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

New Fair Work Commission Rules commence today

The new Fair Work Commission Rules 2024 commenced on 27 March 2024.

These replace the previous Rules made in 2013. 

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

Albanese Government protecting Commonwealth frontline workers

The Government has put forward a new bill to ensure stronger protections for Commonwealth frontline workers, including workers at Centrelink, the Australian Taxation Office, and the Australian Electoral Commission.

The bill seeks to increase the penalty for two offences:

• conduct that causes harm to a Commonwealth frontline worker  - from a maximum of 10 years to 13 years’ imprisonment
• conduct that threatens to cause serious harm to a Commonwealth frontline worker - from a maximum of 7 years to 9 years’ imprisonment.

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

Quarter of a million essential workers set to benefit under proposed long service leave reforms

Up to 250,000 community sector workers would see their leave rights expanded under a landmark draft bill released today by the NSW Government for consultation.

The bill would allow workers in disability care, family and domestic violence services, homelessness services and many other essential services to accrue paid long service leave:

• after 7 years, rather than 10 years
• based on time employed in the sector, rather than time employed by a single employer.

It would also create a single central agency tasked with administering long service leave, including records and leave payments.

Public consultation on the proposed changes opened on 26 March 2024 and closes on 30 April 2024. For more information, see Have your say on the NSW Government website.

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

NSW Government bans LGBTQ+ conversion practices

A bill has passed through the NSW Parliament banning controversial LGBTQ+ conversion practices.

Conversion practices, which can include so-called “conversion therapy” and suppression practices, are formal or informal practices based on the false ideology that LGBTQ+ people have a ‘disorder’ or require treatment. Evidence shows that conversion practices are dangerous and damaging.

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

New bail and performance crime laws passed to prevent youth crime

NSW bail laws have been changed temporarily to prevent repeat youth crime.

An additional bail test has been introduced for young people between 14 and 18 charged with committing certain serious break and enter offences or motor vehicle theft offences while on bail for similar offences. Under the test, a bail authority such as police, magistrates and judges will need to have a high degree of confidence that the young person will not commit a further serious indictable offence while on bail before granting bail.

A new performance crime offence has also been created for people who commit motor vehicle theft or break and enter offences and share material to advertise their involvement in the criminal behaviour. The new offence imposes an additional penalty of two years’ imprisonment on top of the penalties already available for the relevant motor theft, or breaking and entering offence.

The changes to bail laws are due to expire after 12 months. The new performance crime offence will be reviewed two years after commencement.

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

NSW Government to begin public consultations on Compulsory Land Acquisitions review

The NSW Government has begun public consulations in the review into improving compulsory land acquisition processes, which are set to take place between 22 March and 3 May 2024.

In-person public consultation sessions will take place in Nowra, Singleton, Dubbo, Coffs Harbour, Armidale, Parramatta and Wagga Wagga, with 2 online sessions also scheduled to take place in April.

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

Landmark environmental reforms pass NSW Parliament

The biggest changes to environment protection regulation in more than three decades have passed the NSW Parliament, introducing higher penalties and stronger regulatory action for those that do the wrong thing. 

Some of the changes include:

• doubling maximum penalties, including for certain asbestos-related offences
• raising on-the-spot fines for common environmental offences and littering.

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

Work value case – Aged care industry decision issued

The Fair Work Commission has issued a decision in the Work value case - Aged care industry.

In this case, the Fair Work Commission considered whether to vary minimum wages for aged care workers, including:

• registered nurses
• enrolled nurses
• assistants in nursing
• personal care workers and home care workers
• head chefs and cooks
• recreational activities officers (lifestyle workers)
• administrative and support staff.

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

Family and domestic violence general protections: new fact sheet published

The Fair Work Commission has published a new fact sheet about the changes to general protections regarding family and domestic violence. 

Under the changes, an employer is prohibited from taking adverse action against an employee, or potential employee, because they have been, or are being, subjected to family and domestic violence.

For more information, including a copy of the fact sheet, see the Media release on the Fair Work Commission website.

Workplace delegates’ rights and general protections: new fact sheet published

The Fair Work Commission has published a plain language fact sheet on the new protections for workplace delegates. 

A workplace delegate is a person appointed or elected by a union to be a delegate or representative for union members working in a particular enterprise. They have the right to represent the industrial interests of members and potential members.

For more information, including a copy of the fact sheet, see the Media release on the Fair Work Commission website.

Free asbestos awareness short course available

SafeWork NSW, Building Commission NSW, and TAFE NSW have partnered to provide a free online short course ‘Asbestos Awareness and Safety’ to increase awareness of the safety risks relating to asbestos.

It is hosted on the Contruct NSW digital learning platform and is aimed at anyone likely to encounter asbestos in their workplace.

Completion of the course provides asbestos awareness training. Further training is required to undertake licensed asbestos removal work.

The course will be free to anyone in Australia for 3 months, with the potential for extension depending on public demand.

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

Biggest boost to environmental regulation in 3 decades

Penalties for many environmental crimes will double under the biggest amendment to environmental protection laws since the Environment Protection Authority was created in 1991.

Some of the changes introduced by the amendment include:

• doubling on-the-spot fines for general littering of small items to $160 for individuals and corporations in public places
• on-the-spot fines for small-scale illegal dumping of $5,000 for companies and $1,000 for individuals, which can be issued by public land managers, including councils, NSW Police and the National Parks and Wildlife Service.

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

Early Drug Diversion Initiative

On 1 March 2024, the Early Drug Diversion Initiative (EDDI) scheme came into force in NSW. Under this scheme, NSW Police can give on-the-spot fines for low-level drug offences on two occasions, instead of a court attendance notice. 

People who receive a fine will be encouraged to complete a tailored drug and alchol intervention. St Vincent's Health Network runs the statewide EDDI telephone counselling service, which provides this intervention. The intervention is free, confidential and lasts up to 60 mins. 

If a person completes the intervention, the EDDI telephone counselling service will notify Revenue NSW and the fine will be waived.

This scheme does not apply for serious drug offences, like drug supply.

For more information, see Early Drug Diversion Initiative on the NSW Government website.

National consultation on laws to combat doxxing now open

The Australian Government is consulting with members of the public to get their views on how to address the issue of doxxing through civil remedies.

Doxxing is defined as the intentional online exposure of an individual’s identity, private information or personal details without their consent. It can harm an individual in many ways, including through public embarrassment, discrimination, cyberstalking, identitify theft and financial fraud.

To address this issue, the Government is proposing to enhance privacy protections for individuals through its response to the Privacy Act Review, including to introduce new provisions which would address the practice of doxxing.

The consultation is open to all members of the public.

Submissions will close on 28 March 2024.

For more information, see the Media release and Public Consultation on Doxxing and Privacy Reforms on the Attorney-General's Department website.

Ticketless parking fines must meet community expectations, NSW Government stops new councils signing up

Following community concerns about the use of ticketless parking fines, the Minister for Finance has written to the 128 councils regarding their use of ticketless system, and stopped new councils from signing up to the system while a review is being conducted.

Under the ticketless parking fines trial that commenced in May 2020, an issuing authority can send details of a fine directly to Revenue NSW, which in turn sends an infringement notice to the driver by post or the Service NSW app. As a result, most drivers don't know they have received a ticket when they return to their car.

This has meant that:

• drivers have had difficulty gathering the evidence they need to seek a review of the fine, such as photos and details of where they parked
• a fine has less impact to act as an immediate deterrent and influence behaviour
• a driver can receive multiple parking infringements before receiving a notification via post or the Service NSW app.

To address these concerns, the Minister has formally requested councils to provide on-the-spot, written notification to a driver when have been fined. The Minister has also requested that councils capture photographic evidence of an alleged infringement and transmit this evidence to Revenue NSW.

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

New Service NSW Centre open at foot of Blue Mountains

Glenmore Park Service Centre opened on 11 March 2024 servicing the communities in Glenmore Park, Jamisontown, Emu Plains, Glenbrook and surrounding areas.

Customers are able to complete a range of transactions at the new Service Centre, including licence renewals, Working with Children Check renewals, driver testing and owner-builder permits.

Another new Service Centre will open in Tallawong this year for people living in Sydney's north-west.

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

Know the new workplace laws, FWO urges

The Fair Work Ombudsman is encouraging workplace participants to get educated and compliant with the further changes to workplace laws, or risk facing the new significantly higher penalties.

The Ombudsman offers free information and advice on the changes to workplace participants. 

Some of the changes introduced include:

• changes to the definition of casual employment and employment, which commenced on 26 August 2023
• increases to the maximum civil penalties a court can impose for certain contraventions, which are now in force
• creation of minimum standards for gig workers, which commenced on 26 August 2023
• the right to disconnect.

For more information, see the Media release on the Fair Work Ombudsman website.

Increasing awareness of coercive control

New resources have been created to tackle family violence by helping victims, their families, friends and frontline professionals to identify patterns of behaviour that amount to coercive control.

Coercive control is a pattern of abusive behaviour designed to create power and dominance over another person or persons. It can involve physical and non-physical abuse and, over time, creates fear and takes away the person's freedom and independence.

Coercive control almost always underpins family and domestic violence. Understanding and identifying these dynamics is fundamental to an effective response to family and domestic violence.

The new resources include:

• factsheets on tech-facilitated abuse and economic and financial abuse, and
• resources to help healthcare practitioners identify coercive control.

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

Foreign licence holders given deadline to get a NSW licence

All motorists driving on a foreign licence in NSW will now have a maximum of six months to convert to a NSW driver licence if they want to continue driving in NSW.

Existing residents will have 12 months from 1 March 2024 to undertake this process.

Some drivers will need to pass a practical driving test to obtain a NSW driver licence. Other drivers, whose licenses are from countries which have road systems more compatible with NSW, will need to simply convert their licence.

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

New government initiative shows early results: 71 children out of emergency accommodation, hotels and motels

There are now 71 fewer foster children in NSW living in emergency accommodation – like hotels and motels – following the creation of a new team in November 2023 dedicated to shifting children from High-Cost Emergency Arrangements (HCEA) to more suitable arrangements.

Some of the work being done by the new team and caseworkers includes:

• intensive family finding, where caseworkers search out possible family connections who might be able to care for the child under kinship care arrangements
• matching children to newly recruited emergency foster carers
• working with NGO partners to fill vacancies in their contracts with government
• renegotiating the amount paid to HCEA providers.

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

Government announces CSLR Chair and changes to AFCA authorisation

Ahead of the commencement of the Compensation Scheme of Last Resort (CSLR) on 2 April 2024, the Government has temporarily changed the conditions of AFCA’s authorisation as the financial sector dispute resolution scheme to align with the intended scope of the CSLR.   These changes will remain in place until the amendments to the CSLR legislation are made.

They clarify that AFCA will only progress complaints potentially eligible for the CSLR if the financial services firm involved was licensed to provide the relevant product or service (‘licensed conduct’).  

AFCA is required to implement these conditions. AFCA will also make relevant changes to its Rules, following ASIC directions and regulatory processes.

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

Closing Loopholes No.2 Act has commenced

From today, the Closing Loopholes No. 2 Act makes changes to:

• enterprise bargaining provisions relating to multi-enterprise agreements and franchisees
• intractable bargaining provisions
• provisions relating to registered organisations and withdrawal from amalgamation.

A range of other measures impacting the Fair Work Commission will commence in the coming months, including provisions relating to:

• the road transport industry
• 'employee-like' workers performing digital platform work in the gig economy, and 
• the ‘right to disconnect’, which will commence in 6 months on 26 August (or another date by proclamation).

A full list of the measures impacting the Commission is on The Closing Loopholes Acts – what’s changing page on the Fair Work Commission website. 

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

Changes to age group descriptions in 34 awards

The Fair Work Commission has made changes to the junior age group descriptions in 34 awards to make them clearer.

These changes took effect from the first pay period starting on or after 31 December 2023.

There are no changes to junior rates in the awards. The Commission wanted to make the age descriptions clearer and more consistent.

For more information, see the Media release on the Fair Work Ombudsman website.

Therapy Dog Zoey ‘sworn in’ to the Federal Circuit and Family Court in Hobart

The Federal Circuit and Family Court of Australia has expanded the highly successful Court Dog Program to Tasmania.

Zoey, a fully accredited and licenced therapy dog, started in the Hobart registry on 27 February 2024. She has been professionally trained by Therapy Dogs NSW and will provide comfort and emotional support to parties and children in a range of settings within the Court precinct.

Hobart-based Judge, Her Honour Judge Taglieri said that "Where requested, Zoey can attend court hearings and other events such as interviews with children. She is trained to sit calmly alongside a person in the witness box or at a person’s feet. Zoey provides a reassuring presence and a physical source of calming touch, which can assist in opening up communication during an otherwise stressful and emotionally difficult time". 

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

NSW Government to transform SafeWork NSW into standalone work, health and safety regulator

The NSW Government will transform SafeWork into a standalone regulator following a 12-month independent inquiry by former judge The Hon. Robert McDougall KC.

The government has endorsed the recommendations laid out in The Independent Review of SafeWork NSW Final Report, and has already implemented some of the recommended reforms.

The government is now working out how to implement the remaining recommendations.

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

Do you work in building and construction?

The Fair Work Ombudsman has created new new dedicated website section for the building and construction sector.

It contains tailored information and advice on workplace issues, including:

• understanding the building and construction industry
• award entitlements and allowances
• workplace protections
• apprentice rights and responsibilities.

For more information, see the Media release on the Fair Work Ombudsman website.

Fair Work Act changes: Protecting Worker Entitlements

As part of the Australian Government’s new Protecting Worker Entitlements laws, there have been changes to the Fair Work Act.

Some changes started recently that covered:

• employee authorised deductions
• the right to superannuation in the National Employment Standards
• casual employees in the black coal mining industry.

While other changes took effect in July 2023 that covered:

• changes to unpaid parental leave
• the interaction between enterprise agreements and workplace determinations
• protections for migrant workers.

For more information, see the Media release on the Fair Work Ombudsman website.

Closing Loopholes: Fair Work Act changes

The Australian Government has passed new workplace laws as part of its ‘Closing Loopholes’ legislation.

The new laws cover:

• rules for labour hire workers
• criminalising intentional wage underpayments
• new discrimination protections
• small business redundancy exemptions
• workplace delegates’ rights
• right of entry
• compulsory conciliation conferences in protected action ballot matters.

The changes will take effect at different times between now and 2025.

For more information, see the Media release on the Fair Work Ombudsman website.

All you need to know about the Specialist Indigenous List in Lismore

The Family Law Pathways Network Northern Rivers, has created an educational video on the Specialist Indigenous List, aimed at Service Providers, Legal Practitioners, and the wider community to explain the processes and referral pathways for Aboriginal and Torres Strait islander Families.

For more information, see the Media release on the Northern Rivers Family Law Pathways Network website.

Government considers penalties for employers liable for worker deaths

The NSW Government is seeking feedback about how best to introduce industrial manslaughter laws, and which elements will make up the offence. 

Under the proposed new laws, a business or individual could held responsible for the death of a person due to negligent or reckless behaviour in the workplace.

Feedback is being sought from the community, including work health and safety experts, business groups, unions, legal stakeholders and families of people who have been killed at work.

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

Digital statutory declarations now available in myGov

People can now complete a Commonwealth statutory declaration in three equally valid and legally effective ways:

• through the myGov platform
• digitally using electronic signatures and video-link witnessing
• and the traditional, paper-based method.

The new MyGov statutory declaration uses the Australian Government's Digital ID to verify the identification of the person making the declaration, removing the need for it to be witnessed by an authorised person.

Digital declarations also have a unique QR code, which can be scanned using the MyGov app scanner. This allows organisations to check the authenticity of a declaration. 

For more information, see the Media release on the Attorney-General's portfolio website.

Five deaths at workplaces in 4 days prompts safety reminder

The NSW Government says several deaths at workplaces over the past week serve as a sad reminder to employers and businesses about safety.

Business owners must ensure their workers are properly trained on, and always adopt, safe work practices, especially those involved in high-risk areas such as working at heights, electrical and moving plant and machinery.

Workers who have concerns about workplace health and safety can anonymously contact SafeWork on 13 10 50 or through the Speak Up Save Lives app. 

Further information about workplace safety, including working with electricity, forklifts, farm safety and working at heights in construction can be found on the SafeWork NSW website.

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

Sixty retailers targeted in major vaping blitz across Sydney

Retailers across the city of Sydney and south east Sydney have been targeted in a joint operation to crack down on the illegal sale of nicotine e-cigarettes (vapes).

Vaping products containing nicotine can only be legally dispensed from a pharmacy with a valid prescription written by a medical practitioner or nurse practitioner.

It is illegal for all other retailers in NSW to sell e-cigarettes or e-liquids containing nicotine. This includes online sales. The maximum penalty for illegally selling them is $1650 per offence, 6-months in prison or both. There are additional offences for selling e-cigarette products to minors.

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

New exemption makes it easier for farmers to fight fires

Transport for NSW and the NSW Rural Fire Service have launched a trial vehicle registration exemption for Farm Fire Fighting Vehicles (FFFV).

During the trial, which will run until 31 March 2024, FFFV's can be driven unregistered on public roads to attend nearby fires. They must remain within a 100km radius of the storage address, be maintained in a safe operating condition, and have fire-fighting equipment permanently attached to be eligible for the exemption. 

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