Key building and construction industry stakeholders have today endorsed the NSW Liberals and Nationals Government Design and Building Practitioners Bill 2019 following calls from a Legislative Council committee to prevent the vital reforms from passing the Parliament this year.
Authors of a report tabled today by the Public Accountability Committee, chaired by Greens MLC David Shoebridge, have attempted to delay the Bill, which if passed by the Parliament, will immediately deliver increased protections for existing property owners while establishing new registration and regulation requirements on of a range of design and building practioners for the first time in the history of NSW.
Minister for Better Regulation and Innovation Kevin Anderson said moves to prevent the passage of building reform legislation before the end of the year, are a betrayel of the public’s trust and completely unforgivable.
“Industry and the public made it clear to governments across the country that we must take immediate action to better protect homeowners and lift standards in the building and construction industry,” Mr Anderson said.
“We must act now to restore confidence to the residential high-rise market by passing this Bill now, as the first step in the Government’s commitment to fully implement the Shergold-Weir recommendations. Despite this, Labor and the Greens have made a deal which will see them attempt to delay this Bill, and deny current and future homeowners new protections against defects.”
Minister Anderson said the report provides a list of recommendations to the NSW Government however fails to recognise a number of those have already be implemented, while in other instances the recommendation to Government is a repeat of the advice Government has given the committee about current and future elements to reform.
“Ironically, the recommendations put forward in the Committee’s report are built on shakey foundations,” Mr Anderson said.
“Key industry stakeholders, including representitives for property owners, have made it clear today, that they will not allow their testimony to be misunderstood and used as an excuse to not vote in favour of the Government’s Bill this year, which is why I am urging the Parliament to think carefully about any plans to vote against the industry collective and homeowners in NSW,” Mr Anderson concluded.
Category: NSW News
News Happening in NSW
HISTORIC RIGHT TO FARM ENSHRINED IN LAW
The strongest protections for the State’s farmers and farming families will be enshrined in law after the NSW Liberals & Nationals today passed the historic Right to Farm Bill through State Parliament.
Deputy Premier and Minister for Regional NSW John Barilaro and Minister for Agriculture Adam Marshall today announced that the historic Right to Farm Bill had passed both houses.
“Regional NSW is experiencing extremely trying times – suffering through this devastating drought and battling ferocious bushfires – the absolute last thing our farmers need is the threat of trespassers and expensive legal disputes,” Mr Barilaro said.
Mr Marshall said he was delighted the Bill has passed both houses, despite Labor refusing to support the Bill at any stage.
“This is an historic day for our State’s farmers, introducing the toughest penalties in the nation for farm trespass and providing farmers with a nuisance shield to protect them from unnecessary and costly legal disputes,” Mr Marshall said.
“We are the first jurisdiction in Australia to enshrine in law a farmers’ right to farm their land and have rigorous protection from the threat of illegal farm incursions.
“If a farmer is undertaking lawful agricultural activities, they will have the full protection of the law in NSW against farm invasions, intimidation and interference in their farming operations.”
Under the Bill, penalties for aggravated farm trespass will increase from fines of up to $5,500, to three years jail time and up to $22,000 in fines.
“Farmers are under siege across our State – they are battling drought and fires right now. They do not have the time and do not deserve to also be faced with a battle against illegal trespassers driven by lunatic ideology,” Mr Marshall said.
“Farmers have waited for years for legislated protections – and I am proud to be the Minister for Agriculture that has worked with our stakeholders, including NSW Farmers and the cross-bench, to finally deliver the protections they deserve.
“Today, Labor again refused to vote for the Bill at the final step and voted against it in the Lower and Upper House.
“Not only is this letting our farmers down at a time when they need their parliamentarians to have their back most, it’s clear that Labor have no policy and no direction. They quite literally appear to have no idea what they stand for when it comes to agriculture.
“By not voting for the Right to Farm Bill, Labor has shown where its true loyalties lie, with law-breaking activists – not hard-working farming families battling drought.
“Their refusal to support the Bill is an act of treachery against country NSW and for that they stand rightly condemned.”
The Right to Farm Bill delivers on a key election commitment by the NSW Nationals in Government.
The new penalties will be in force in by 2020.
Two charged after more fires lit during yesterday's total fire ban
Two further men have been charged after allegedly lighting fires in separate incidents during yesterday’s total fire ban.
The first instance occurred about 1.40am (Wednesday 13 November 2019), on Johnstone Street, Annandale; where a 37-year-old man allegedly used a crow bar to lift a section of footpath and set underground wires alight.
The man left the scene in the company of a woman, and emergency services were called after flames were seen coming out of the ground.
The blaze was extinguished by Fire and Rescue NSW and officers from Leichhardt Police Area Command were notified.
Following investigations, a 37-year-old man was arrested about 1.30pm close to where the fire was lit. A search warrant was executed at a home on Johnstone Street, Annandale, where several items were seized.
The man was subsequently charged with destroy or damage property in company by means of fire and failing to comply with a total fire ban.
He was refused bail, to appear before Newtown Local Court today (Thursday 14 November 2019).
Meanwhile, inquiries are continuing to identify the woman involved. Anyone with information about this incident is urged to contact Crime Stoppers: 1800 333 000 or https://nsw.crimestoppers.com.au. Information is treated in strict confidence. The public is reminded not to report crime via NSW Police social media pages.
In a second incident, just after 9pm (Wednesday 13 November 2019), emergency services were called to a home on Long Point Road East, Long Point, after reports a small fire had been lit in the backyard.
Officers from Hunter Valley Police District spoke with a 26-year-old man, who they will allege lit the fire to burn rubbish.
The fire, which had since been extinguished, was located less than 40 metres from a shed that contained several potential accelerants – including petrol, oil and fertilisers.
The man was issued with a Future Court Attendance Notice for failing to comply with a total fire ban. He is due to appear before Singleton Local Court on 16 January 2020.
PREMIER DECLARES STATE OF EMERGENCY IN NSW
The NSW Government has taken a critical step to protect the residents of the State from bushfires by declaring a State of Emergency ahead of catastrophic conditions predicted for this week.
Last night, the Rural Fire Service Commissioner Shane Fitzsimmons wrote to Premier Gladys Berejiklian requesting she declare a State of Emergency under Section 33 of the State of Emergency and Rescue Management Act.
Together with the advice of the Minister for Police and Emergency Services David Elliott, and other frontline agencies across the State, the declaration was made, granting emergency powers to the RFS Commissioner.
“Our State has already been hit by some of the most devastating bushfires we have ever seen, with three lives lost and more than 150 structures destroyed,” Ms Berejiklian said.
“With catastrophic weather conditions predicted for this week, particularly Tuesday with hot weather and strong winds, I have decided to take the Commissioner’s advice and make this declaration.
“It will ensure our State is best placed to respond to the predicted fire conditions.”
Worsening bushfire conditions are expected over the coming week, including anticipated catastrophic conditions in the Greater Sydney and Greater Hunter areas, and the potential for significant existing bushfire activity to be exacerbated in Northern NSW, and the North and Mid North Coast.
This is the first time since new fire danger ratings were introduced in 2009 that catastrophic fire danger has been forecast for Sydney.
The State of Emergency declaration, the first since October 2013, allows powers to be transferred from the NSW Government to the RFS Commissioner. These powers include the ability to:
- Direct any government agency to conduct or refrain from conducting its functions;
- Control and coordinate the allocation of government resources;
- Evacuate people from property within the declared area;
- Close roads and thoroughfares to traffic;
- Pull down or shore up infrastructure at risk of collapse;
- Order the shutdown of essential utilities in the declared area including electricity, gas, oil and water; and
- Enter or take possession of property in the course of the emergency response.
Mr Elliott said this was an appropriate decision and sends a strong message that the directions of the RFS to the public during this period should be swiftly followed.
“Today’s announcement shows the NSW Government will always put the safety of the people in this State ahead of anything else. Our bush firefighters will be empowered during this period to ensure their directions are followed and community safety can be enhanced.”
The declaration is valid for a period of seven days from today.
JIM MOLAN CHOSEN BY LIBERAL PRESELECTORS
Hundreds of NSW Liberal Party preselectors have today chosen Major General (Retd) Andrew James (Jim) Molan, AO DSC to fill the pending NSW Senate vacancy.
Major General Molan has been chosen to return to the Senate, having served as the NSW representative from 2017 to 1 July this year. He returns to serving the people of NSW and Australia, after a 40-year career with the Australian Army where he had served as a field commander, infantryman, a helicopter pilot and a military diplomat in Papua New Guinea, Indonesia, East Timor, Malaysia, Germany, the US and Iraq.
Deployed to Iraq in April 2004, Jim took up the post as the Chief of Operations for the new Headquarters Multinational Force in Iraq, in the process earning the Distinguished Service Cross and the American Legion of Merit for distinguished command and leadership in action.
Jim said that this special opportunity to continue serving the people of NSW would be treasured as a chance to continue his work in the Federal Parliament.
“I look forward to having the opportunity to re-join the Senate, and continue to work with Prime Minister Scott Morrison and my Liberal colleagues on delivering our vision for this great country.”
“I am thrilled to be able to continue supporting the Morrison Government to deliver a stable economy and a secure Australia, and making our state and our nation the best that they can be.”
Major General Molan lives near Queanbeyan in rural NSW with his wife Anne and they have three adult daughters and a son.
Jim Molan and the Liberal Party has thanked the outgoing NSW Senator, the Hon Arthur Sinodinos AO for his outstanding service as a Parliamentarian, Minister and Chief of Staff to the Hon John Howard OM AC. We wish Arthur, Elizabeth and family, all the best as he embarks on a diplomatic career, representing our nation’s interests in the United States.
$88 MILLION BOOST FOR ACCESS TO JUSTICE
Court cases requiring legal aid will be finalised more efficiently and effectively with the NSW Government investing an additional $88 million in Legal Aid NSW, driving a fairer and more efficient justice system.
Attorney General Mark Speakman said the new funding would reform the way private lawyers provide legal representation to economically disadvantaged people.
“Legal Aid NSW relies on private lawyers in almost 70 per cent of all cases run using legal aid funding. In regional areas that number rises to 80 per cent,” Mr Speakman said.
“This injection of funding will enable greater access to legal representation for disadvantaged people and help create a more sustainable system for small country law firms supporting communities through the worst drought in a century.”
The reforms will allow the Legal Aid NSW Board to increase lawyers’ hourly rates progressively to levels comparable with other states and territories. Solicitors’ hourly rates will rise progressively from the current $150 to $195 in 2023-24, with barristers’ fees also increasing over the same period.
This overhaul of private practioners’ fees in legal aid matters will encourage more lawyers across NSW to offer their valuable services to Legal Aid. In addition, structural changes introduced progressively for pre-hearing work will allow lawyers to spend more time with their clients and preparing for cases, as well as promoting the timely finalisation of criminal matters.
These reforms build on the NSW Government’s record investments into the legal assistance sector, with the State already providing $224 million in funding to Legal Aid NSW in 2019-20, more than doubling its funding compared with 2010-11.
Chief Executive Officer of Legal Aid NSW Brendan Thomas thanked the NSW Government for its robust response to the recommendations of Legal Aid’s business case.
“Legal Aid plays a crucial role in creating a fair and accessible justice system for every member of the NSW community – from the Downing Centre to Dubbo and beyond,” Mr Thomas said.
“We are delighted that the NSW Government has made such a significant commitment to Legal Aid, enabling us to build greater partnerships with the private profession and ensuring our clients get the best legal service possible.”
Structural reforms will commence from 1 January 2020 and private lawyers’ fees will increase from 1 July 2020.
BUSINESS BOOST FOR CITY OF SYDNEY
Aspiring and existing business owners in the City of Sydney can now access a NSW Government one-stop shop Business Concierge service, potentially saving them time and money when starting or expanding a café, restaurant or small bar.
Minister for Customer Service Victor Dominello congratulated the City of Sydney for coming on board, saying Service NSW puts business owners first by bringing up to 48 forms from across 15 agencies under the one roof.
“Small business is the engine room of the economy which is why Service NSW has transformed from being a one-stop shop for individual customers to also being a one-stop shop for business customers,” Mr Dominello said.
“We know that starting or growing a business can be complicated and stressful, and this online service brings everything together in one convenient location.”
Minister for Finance and Small Business Damien Tudehope said the service is all about making government easier for business owners to navigate from applying for a liquor or outdoor dining licence, to complying with food safety standards.
“The measure of success is simple. Less time spent dealing with government means more time spent developing your business and faster commencement of operations,” Mr Tudehope said.
Lord Mayor Clover Moore said: “We’re pleased to work with the NSW Government on this initiative, which is another way we’re helping our 20,000 small businesses get on with their important work contributing to the diversity, vitality and economic dynamism of our great city.”
The service includes personalised over the phone support from the Business Concierge team and a digital platform which outlines the regulations and licences needed to start a small business across a range of sectors. It has already helped 5000 customers start or grow their business, with owners of cafes, restaurants and small bars saving up to 86 hours of effort, while slashing the time it takes to start a small bar by almost six months.
The City of Sydney is one of more than 100 Councils to join the service. The service is delivered by Service NSW in partnership with the NSW Small Business Commission. For more information visit https://mybusiness.service.nsw.gov.au/
CONSTRUCTION STARTS ON SYDNEY MODERN
Construction works on the Sydney Modern Project have commenced, which will be an expansion that almost doubles the Art Gallery of NSW’s space, enabling more of our State’s art collection to go on show, as well as hosting more exhibitions from around Australia and the world.
Premier Gladys Berejiklian and Minister for the Arts Don Harwin today marked the start of construction in a ceremony above the underground oil tanks that will be converted to exhibition space as part of the project.
“The Sydney Modern Project is a major public investment that will enrich the cultural life of our State and deliver economic benefits for generations to come, injecting more than $1 billion into the NSW economy,” Ms Berejiklian said.
“The $344 million expansion will create an international art destination in one of the world’s most beautiful cultural precincts for everyone to enjoy. Gallery visitor numbers are expected to increase to at least two million people a year.”
Ms Berejiklian paid tribute to the generous philanthropists who had partnered with the NSW Government and the Gallery to make this once-in-a-generation project possible, raising more than $100 million.
Mr Harwin said the Gallery’s new building, designed by Pritzker-prize winning architects SANAA, would be an architectural and cultural landmark.
“The Sydney Modern Project will almost double the space to show more of the State’s outstanding art collection and host the best Australian and international exhibitions,” Mr Harwin said.
“One of the highlights of the expansion will be a prominent destination for the Gallery’s internationally renowned collection of Aboriginal and Torres Strait Islander art.”
President of the Art Gallery of NSW Board of Trustees David Gonski AC thanked the NSW Government and donors for their support.
“This is a truly momentous day as we embark on the next exciting chapter of this great public institution,” Mr Gonski said.
“We thank the NSW Government for making such a significant public investment in the arts, and the extraordinarily generous donors who have pledged support for the new building.”
Art Gallery of NSW director Dr Michael Brand said the Sydney Modern Project would transform the Gallery and the way visitors engage with art.
“Our expansion is more than a stunning new building. It’s about the exciting possibilities ahead of us to deliver more rich and meaningful experiences of art for everyone,” Dr Brand said.
The Sydney Modern Project is due to be completed in 2022. The Gallery remains open during construction.
Infrastructure NSW is managing the delivery of the project on behalf of the NSW Government and Gallery. Richard Crookes Constructions is the builder.
MANDATORY DISEASE TESTING FOR THOSE WHO ATTACK FRONTLINE WORKERS
People who bite or otherwise expose police and other frontline workers to a risk of disease could be subject to mandatory testing to provide peace of mind and lessen the anxiety for affected workers.
Minister for Police and Emergency Services David Elliott, Minister for Counter Terrorism and Corrections Anthony Roberts and Attorney General Mark Speakman said the safety and protection of frontline workers was the NSW Government’s primary consideration.
The scheme will provide authorities with the power to test a person for diseases if there is a risk of an on-duty frontline worker being exposed to a blood borne virus such as HIV, hepatitis B or hepatitis C through the deliberate actions of another person.
Mr Elliott said our police officers, emergency services personnel and first responders put themselves in harm’s way every day, and it is vital we support them as much as possible.
“We want to give as much peace of mind to frontline workers as we can to alleviate the uncertainty they may experience if have been exposed to bodily fluids,” Mr Elliott said.
“Our Justice and Health ministers have been working hard on the details of this scheme, with the help of strong advocates like the Police Association and the Public Service Association, so I’m happy to say we are delivering.”
If frontline workers are exposed to a risk of contracting a blood borne virus in the course of their duties by a deliberate act of another person, a senior officer from their agency will carry out a risk assessment to determine if the source of the possible infection should be ordered to undergo mandatory testing.
Mr Roberts said working with prison inmates is stressful enough without our Corrections Officers worrying about their health after attacks that expose them to bodily fluids.
“These incidents can be extremely traumatic and stressful for our officers and their families, and mandatory disease testing will provide support. We will also ensure they receive prompt medical assessment, treatment and counselling,” Mr Roberts said.
Mr Speakman said anyone who refuses to comply with a mandatory testing order will be committing an offence.
“We need to provide a real deterrent so people who think it’s okay to attack our frontline workers know they will face the full force of the law. Courts will have the power to impose on those who refuse to undergo a test a maximum of 12 months imprisonment or an $11,000 fine, or both,” Mr Speakman said.
If either the victim or the person to be tested disagree with the decision of the senior officer, they may appeal within 48 hours to the NSW Chief Health Officer who must make a decision within seven days.
If the individual in question is younger than 16, or subject to a guardianship order, a parent, guardian or Local Court must approve the mandatory disease testing order.
The scheme will be available to frontline workers including the NSW Police Force, Corrective Services NSW, Youth Justice NSW, Fire and Rescue NSW, NSW Rural Fire Service, State Emergency Service, NSW Health, St John Ambulance and the Office of the Sheriff of NSW.
The Government aims to introduce legislation early next year.
DUBBO HOSPITAL REDEVELOPMENT BOOSTS ECONOMY
A new report shows health projects like the $240 million Dubbo Hospital redevelopment are not only delivering world-class healthcare, they’re boosting regional economies across NSW.
Treasurer Dominic Perrottet and Health Minister Brad Hazzard visited Dubbo Hospital to release Regional Economic Impacts of Public Hospital Investment by the Regional Australia Institute and NSW Health Infrastructure.
The report shows a 15 per cent jump in healthcare jobs in Dubbo from 2011-2016, more than double the previous five-year period. There was also a significant boost to construction jobs, which had a spillover benefit to the local accommodation, travel, food and transport sectors.
“This shows the benefit of our health infrastructure spends for the whole community and that’s never been more important than now – in the middle of a drought,” Mr Perrottet said.
“A secure job and the stability that brings gives people a better quality of life and that benefits regional communities now and into the future.”
The NSW Government has invested $10 billion on health infrastructure since 2011, with $10.1 billion more over the four years from 2019-20, including more than $900 million for rural and regional areas in 2019-20.
More than $240 million has been spent on the Dubbo Hospital redevelopment and a further $35 million in federal and state funding has been allocated to the Western Cancer Centre.
Mr Hazzard joined Member for Dubbo Dugald Saunders to announce Lipman Pty Ltd as the successful tenderer to construct the Western Cancer Centre, due for completion in 2021.
“This Centre will provide patients here in the west with advanced diagnostic services and life-saving treatment closer to home,” Mr Hazzard said.
Mr Saunders said: “Having world-class cancer facilities in Dubbo will help attract and retain health professionals, and will be life-changing for patients living from Bourke to Mudgee.”
Federal Member for Parkes and Minister for Regional Services, Mark Coulton, welcomed the tender for the Centre as a significant step forward for the community.
“As the report shows, investment in health infrastructure in Dubbo is providing the community with a much needed boost, particularly as we face the challenges of the drought. The Western Cancer Centre is a project we can all be extremely proud of, and it promises far-reaching benefits for Dubbo and Western New South Wales,” Mr Coulton said.