Month: June 2022

The Law Society of NSW is calling on the NSW Government to act without further delay on the recommendations of the Ice Inquiry to implement a health focused approach to battling the scourge of drug abuse.

President of the Law Society of NSW Joanne van der Plaat says that it has taken far too long for the Government to act on the recommendations of the Ice Inquiry, and now is the time to make a decision and start implementing programs that will tackle the drug problem in earnest.

“The Law Society agrees with the experts called to give evidence during the Special Commission of Inquiry into the Drug Ice that the current prohibitionist approach is not working. We agree with law enforcement authorities who have said we can’t arrest our way out of drug problems,” Ms van der Plaat said.

“Any further delay on a meaningful response to the Ice Inquiry risks further criminalisation and demonisation of drug users who need rehabilitation, not incarceration.”

The Law Society has welcomed the expansion of the Drug Court through a pilot in Dubbo, combined with the construction of a drug and alcohol treatment centre necessary for achieving effective outcomes for drug-related offenders, but Ms van der Plaat says the Government needs to go much further.

“The adoption of this one recommendation of the Ice Inquiry ignores other initiatives like the expansion of the Magistrates Early Referral Into Treatment (MERIT) program, along with programs to assist Indigenous offenders like Circle Sentencing and the Youth Koori Court,” Ms van der Plaat said. 

“As a lawyer who has long practised in regional NSW, I am convinced it is vital that diversion and support be extended to regional communities. Many regional communities have been ravaged by illicit drug use, and drug law reform that reduces the chance of offenders possessing very small amounts of drugs being criminalised should be actively implemented across the state.

“Furthermore, given that the Government established the Ice Inquiry in November 2018 in large part to respond to growing use of Ice in our regional and rural towns, their exclusion from justice reforms and rehabilitation services would be absurd,” Ms van der Plaat said.

The NSW Government provided its interim response to the Ice Inquiry in October 2020. The Law Society calls on the Government to delay no further, listen to the experts and deliver reforms to help drug users break their dependence and rebuild their lives.

The NSW Government will proceed with Parramatta Light Rail Stage Two, committing $602.4 million to start works and commence a detailed planning process to move ahead with the Western Sydney megaproject.  
 
Premier Dominic Perrottet said the NSW Government’s infrastructure pipeline was unmatched in Australian history and the city-building work would continue.
 
“We’ve overseen a great decade of delivery and that will continue with another transformative Western Sydney Project linking Parramatta and Sydney Olympic Park,” Mr Perrottet said. 
 
“This vital piece of infrastructure will support the growth of Western Sydney while linking to another enormous project in Sydney Metro West, improving quality of life by slashing daily commute times.
 
“Our strong economic management allows us to continue to invest in the future of our communities to build the projects that make a real difference.”
 
Treasurer Matt Kean said the state would continue delivering world class infrastructure for the people of NSW.
 
“Since 2011, we’ve invested more than $178 billion in critical projects that have improved the lives of millions,” Mr Kean said.
 
“This is another significant investment in Western Sydney that will support the growing Central River City.”
 
Minister for Infrastructure, Cities and Active Transport Rob Stokes said the funding would go towards early works and building the Wentworth Point Bridge, while detailed planning work for the next stage gets underway.
 
“Construction on the project will begin with a bridge connecting Wentworth Point to Melrose Park and other early works to deliver Parramatta Light Rail Stage Two,” Mr Stokes said.
 
Minister for Transport and Veterans David Elliott said the NSW Government’s Parramatta Light Rail Project has been a catalyst for investment and development in Greater Parramatta to the Olympic Peninsula.
 
“This is a great victory for the people of Western Sydney and a solid indication to the construction industry that the NSW Government is committed to the long-term infrastructure needs of the State,” Mr Elliott said.
 
“We’ve only just seen 100 per cent of tracks laid across the Parramatta Light Rail Stage 1 project as well as construction of the light rail stops along Church Street. Stage two will drive revenue for small businesses in the area and change how the community travel and connect to places across Greater Parramatta in the future.”
 
Member for Parramatta Geoff Lee said the investment would support the growing population along the Parramatta River.   
 
“This will connect people from the Parramatta CBD to Sydney Olympic Park via the growing Camellia, Rydalmere, Ermington, Melrose Park and Wentworth Point,” Mr Lee said.
 
“It means residents won’t be condemned to a car-dependent future and businesses will be supported by a world-class mass transit system.”
 
An Environmental Impact Statement for the project will be released for public comment by the end of the year. 

New affirmative consent reforms that simplify, strengthen and modernise the laws around sexual consent come into effect in New South Wales today.

Attorney General Mark Speakman said the new laws make it clear that if you want to engage in sexual activity with someone, then they need to do or say something to show consent, or you need to do or say something to seek consent.

“These laws set clearer boundaries for consensual sex, reinforce the basic principle of common decency that consent is a free choice involving mutual and ongoing communication, and reinforce that consent should not be presumed,” Mr Speakman said.

Under the new affirmative consent laws:

• You can’t assume someone is consenting because they don’t say no. Silence is not consent.
• Consent is an ongoing process. A person can change their mind and withdraw their consent at any time.
• A person can’t consent if they’re so intoxicated that they can’t choose or refuse to participate.
• Consent can only be given freely and voluntarily. If you force or coerce your partner into sex, it’s not consensual.
• Consent must be present for every sexual act. If someone consents to one sexual act, it doesn’t mean they’ve consented to others.
• A person can’t consent if they’re asleep or unconscious.

 Mr Speakman said the reforms are only one part of tackling sexual violence in the community.

“The consent reforms are not just about holding perpetrators to account, but changing social behaviour with clearer rules of engagement to drive down the rate of sexual assaults,” he said.

“The NSW Government is committed not just to ensuring our laws are fit for purpose, but also to ensuring all members of community have the knowledge, understanding and skills they need to develop and maintain respectful relationships.

“The law reforms are accompanied by education campaigns to assist this, including phase 3 of the NSW Government’s “Make No Doubt” campaign which was launched on 25 May 2022.”

Mr Speakman said the NSW Government has worked with agencies over the last six months to ensure judicial officers, prosecutors, defence lawyers and police are well-informed about the changes to consent law.

Resources for lawyers and judges include the NSW Judicial Commission’s Criminal Trial Courts Bench Book, which is being updated to include the reforms. Five new jury directions will be available for judges to give at trial to address common misconceptions about consent, to ensure a complainant’s evidence is assessed fairly.

The directions will clarify that:

• sexual assault can occur in many different situations, including between acquaintances or people who are married or in a relationship

• sexual offences aren’t always accompanied by violence, threats or physical injuries
• there is no normal or typical response to being sexually assaulted, and juries must not rely on preconceived ideas about how people respond to a sexual assault 
• trauma may affect people differently, which means some people may show signs of emotional distress when giving evidence and some may not, and 
• it should not be assumed that a person consented because of their behaviour, such as the way a person is dressed or the fact that they have consumed alcohol or drugs.

The NSW Government will produce targeted education programs for judges, lawyers and police about changes to consent law.

The reforms follow a comprehensive review by the NSW Law Reform Commission, involving extensive community consultation and more than 190 submissions. The NSW Government undertook further consultation on the drafting with more than 20 stakeholders, including service providers, prosecutors, defence lawyers, experts and academics to avoid any unintended consequences for the legal system.

“The NSW Government will take an active and engaged approach to implementation and monitoring of the reforms,” Mr Speakman said.

“The Act includes specific provisions requiring a statutory review to be conducted three years after the commencement of the reforms.

“The three-year review will be supported by a Bureau of Crime Statistics and Research analysis of key criminal justice markers, which may include policing outcomes, court outcomes, appeals, sentences, time to justice, and the characteristics of victims and defendants.”

The reforms will apply to an offence committed, or alleged to have been committed, on or after 1 June 2022. Amendments to criminal procedure will apply to proceedings that commence on or after 1 June 2022.

Australia’s brightest young minds now have a unique opportunity to hone their craft at a landmark Cyber Academy, which aims to bolster the nation’s cyber security workforce and help combat the growing threat of online attacks.
 
People can now register their interest for the new Cyber Academy, which is a partnership between the University of Wollongong (UOW), Deloitte, TAFE NSW and Swinburne University of Technology.
 
Minister for Skills and Training Alister Henskens said the new academy would fast track 1,200 careers in the rapidly growing cyber security sector through a blended three-year ‘earn as you learn’ program.
 
“This collaboration harnesses world-leading expertise to ensure a pipeline of highly skilled graduates can hit the ground running and provide vital protection for our economy in the cyber sector,” Mr Henskens said.
 
“This innovative, Australian-first program is a fantastic example of education providers and industry leaders coming together to solve a pressing issue for our communities.”
 
This program, with seed funding provided by the NSW Government under its NSW Higher Education Strategy, will see trainees employed by Deloitte, a NSW Government department or an industry partner while undertaking online training coupled with face to face learning for three years.
 
Graduates will emerge with a Diploma of Information Technology (Cyber Security) from TAFE NSW and a Bachelor of Computer Science (Cyber Security) from UOW. Swinburne University will deliver places in Victoria.
 
According to a report by The Data Institute, Australia can expect demand for at least 17,600 additional professionals in the sector by 2026.
 
UOW Deputy Vice-Chancellor (Academic and Student life) Professor Theo Farrell said the Academy will pave the way for a new generation of cyber security professionals.
 
“We’re proud to partner with Deloitte and TAFE NSW to roll out this program that will help address this critical cyber skills shortage and contribute to this vital area of Australian resilience and security,” Professor Farrell said.
 
Deloitte Australia Risk Advisory Managing Partner Steve Jansz said the first-of-its-kind program would combine nationally recognised qualifications with on-the-job training and mentorship.
 
“The risks of more complex and sophisticated cyberattacks are clear and we need the best and the brightest working in cyber to help protect Australians and Australian businesses,” Mr Jansz said.
 
Swinburne Vice-Chancellor Professor Pascale Quester said this program embodies Swinburne’s commitment to be the prototype of a new and different university for the 21st century.
 
“As a dual-sector institution that is committed to helping our learners succeed in a tech-rich future, we’re delighted to be providing students with this innovative education and employment opportunity.
 
“The Cyber Academy reflects Swinburne’s commitment to genuine industry-integrated learning and will help our students to be job makers and job takers in the future world of work,” she said.
 
For more information about the Cyber Academy and to register your interest, visit https://www2.deloitte.com/au/cyberacademy.
 

Female founders will be empowered to launch their own businesses thanks to a $10 million venture capital (VC) fund established by the NSW Government as part of the 2022-23 Budget.

Treasurer Matt Kean said the Carla Zampatti Fund – named after the pioneer NSW businesswoman – will invest specifically in early stage women-led startups.

“The need to reduce the gender pay gap is well known. What’s less known is the gender investment gap, with women-led startups receiving only about five per cent of venture capital funding in Australia last year,” Mr Kean said.

“This fund will unleash a new wave of female entrepreneurs, providing women with more opportunities to finance their startups and take their businesses to the next level.”

The late Carla Zampatti AC was a legendary Italian-born Australian fashion designer, who was a trailblazer for the global women’s fashion scene for more than 50 years and a founding member of Chief Executive Women.

“Carla Zampatti was a champion of Australian women and a multicultural success story. This fund will continue her mentoring work by supporting the next generation of female trailblazers,” Mr Kean said.

The Fund will seek to partner with the private sector to boost the funding pool available to NSW women looking to grow their business.

Minister for Women Bronnie Taylor said the funding will help more women realise their dreams of starting and growing their own businesses.

“Female-owned businesses have a proven track record of success, but the balance isn’t right with female entrepreneurs far less likely to receive venture capital funding,” Mrs Taylor said.

“This fund will help more women get their ideas off the ground, because we know that if women succeed, NSW succeeds.”

The Fund will target opening applications by the end of 2023 with final design to be determined following consultation with industry.

Minister for Small Business Eleni Petinos said women currently make up about a third of small business owners in NSW.

“This venture capital fund will provide women with more opportunities and encourage them to run their own businesses,” Ms Petinos said.

“Small businesses are the lifeblood of our economy and communities, and the Carla Zampatti Fund will ensure women in our State are empowered to innovate for the future.”

The NSW Government has welcomed the release of the independent 20-year strategy from Infrastructure NSW to support the state’s future through an ongoing infrastructure investment program.
 
Minister for Infrastructure Rob Stokes said the release of Staying Ahead: State Infrastructure Strategy 2022-2042 contained many important recommendations for the NSW Government to consider.
 
“NSW is the megaproject capital of Australia and a global leader in infrastructure delivery, with our $110 billion project pipeline dwarfing those of previous governments,” Mr Stokes said.
 
“That record infrastructure delivery will continue, but we must now consider the global challenges affecting us and the independent advice from Infrastructure NSW.
 
“The report provides clear recommendations for us to diversify our infrastructure pipeline, consider more smaller projects while continuing to deliver city and state-shaping projects.”
 
Chair of the Infrastructure NSW Board Graham Bradley said the strategy recommends the NSW Government sustain high infrastructure investment while pursuing a diversified infrastructure pipeline.
 
“We need to find a balance between the megaprojects of the past decade and more small and medium sized projects that can deliver great value and be more reliably delivered in a time of a tightening construction market,” Mr Bradley said.
 
“A significant investment program in large and transformative projects will continue, with155 large projects to be completed over the next decade.
 
To view the strategy visit: sis2022.infrastructure.nsw.gov.au