The recent Court of Appeal decision of Mangoola Coal Operations Pty Limited v Muswellbrook Shire Council [2021] NSWCA 46 has examined the re-categorisation of land for the purpose of rates, pursuant to the Local Government Act 1993 ("the Act"). Background Mangoola...
Privacy and the Complaints Process: A Costly ($30,000) Lesson
A failure to comply with the Information Privacy Principles has cost Cessnock City Council $30,000 in damages for psychological harm. The case of EMF v Cessnock City Council [2021] NSWCATAD 219 involved privacy concerns stemming from a complaint made by EMF to...
Validity of Section 124 Orders – Update
The recent decision of Bobolas v Waverley Council (No 3) [2021] NSWLEC 63 has provided further clarity on the validity of orders issued pursuant to Section 124 of the Local Government Act 1993 ("the Act"). Background Waverley Council issued a 22A order pursuant to s...
The Model Code of Conduct and the Local Government Act – Lessons for Councils
Part 14 of the The Local Government Act 1993 ("LG Act") sets out the legislative requirements for the conduct of councillors, staff, delegates and administrators of a local government body. Section 440 of the LG Act allows for the regulations to create a Model Code of...