Month: July 2024

From today, victim-survivors of domestic, family and sexual violence have stronger protections in New South Wales, with the criminalisation of coercive control and stronger bail laws coming into effect.

The New South Wales Government is working to provide enhanced, ongoing, wraparound support for victim-survivors of domestic, family, and sexual violence, and strengthened laws are an important foundation for this work.

As of today, New South Wales is the first Australian jurisdiction to have a standalone dedicated offence of coercive control.

Significant bail reforms, introduced to Parliament by the Minns Labor Government in May, will also come into effect from today, making it more difficult for those accused of serious domestic violence offences to get bail.

Criminalisation of Coercive Control

Following the passing of the Crimes Legislation Amendment (Coercive Control) Act 2022, if found guilty, perpetrators can face up to seven years in prison.

Coercive control is an insidious form of abuse which can manifest in different ways. It is a pattern of behaviour that may include financial and emotional abuse, violence and intimidation, threats against pets or loved ones, tracking someone’s movements, or isolating them from family and friends.

Coercive control has been strongly linked to intimate partner homicide. The NSW Domestic Violence Death Review Team has found that 97% of intimate partner domestic violence homicides in NSW between 2000 and 2018 were preceded by the perpetrator using emotional and psychological abuse as a form of coercive control towards the victim.

Training has been provided to ensure this law is appropriately implemented and prosecuted, and accompanied by support for victim-survivors:

• NSW Police have undergone, and are continuing, training to recognise and respond to the complex and nuanced signs of coercive control.
• The Office of the Director of Public Prosecutions, the Judicial Commission of NSW and Legal Aid have delivered training on coercive control to judicial officers, legal staff and key justice agencies.
• A free training program is being delivered to approximately 1,000 specialist domestic and family violence workers which will cover behavioural indicators, practical interventions, and how coercive control may be experienced in different communities.

Training and implementation have been overseen by the Implementation and Evaluation Taskforce and its reference groups.

Stronger bail laws to protect victim survivors

Under the new laws, people charged with serious domestic violence offences will be required to show cause why they should not be detained until their case is determined.

This will apply to those charged with offences, in the context of intimate partner relationships, that carry a maximum penalty of 14 or more years jail.

These offences include sexual assault, kidnapping, and choking to render someone unconscious with intent to commit another indictable offence.

The show cause test will also apply to the coercive control offence.

The unacceptable risk test in the Bail Act is also strengthened from today. Under these changes, before granting bail, bail decision makers must consider:

• ‘Red flag’ behaviour that could constitute domestic abuse, such as behaviour that is physically abusive or violent; behaviour that is sexually abusive, coercive or violent; behaviour that is stalking; behaviour that causes death or injury to an animal; behaviour that is verbally abusive; or behaviour that is intimidation.
• The views of victims and their family members about safety concerns in domestic violence matters involving intimate partners.

The commencement of this legislation also means that from today:

• The categories of offences for which bail decisions can be ‘stayed’ are expanded to include serious domestic violence offences, the coercive control offence, and serious sexual assault offences. This means that the accused person remains in custody while prosecutors bring a detention application before the Supreme Court.
• It is easier to prosecute perpetrators who use tracking devices in a domestic violence context.

Attorney General Michael Daley said:

“From today, coercive control in current and former intimate partner relationships will be a crime punishable by up to seven years’ imprisonment.

“Abuse against a current or former intimate partner is unacceptable and will not be tolerated.

“In terms of the bail laws, we believe in the presumption of innocence, but it is also important to recognise the right of victim survivors to be safe from harassment, intimidation or violence at the hands of a current or former intimate partner.

“The safety of victim-survivors must be a paramount consideration.”

Minister for Police and Counter-terrorism Yasmin Catley said:

“The criminalisation of coercive control in NSW is a significant day for victim/survivors. Not only does it add further legal weight to their experiences but gives the NSW Police Force another mechanism to address domestic and violence.

“NSW is leading the country with these laws. Criminalising coercive control sends a strong message: this vile, criminal behaviour is not tolerated.

“The mandatory training is thorough, it shows how seriously the NSW Police Force are taking this, and it ensures all operational police can identify and take action against coercive control offences in NSW. The feedback I’m getting from the police on the ground is that the training is valuable, comprehensive and officers feel well supported.”

Minister for the Prevention of Domestic Violence and Sexual Assault Jodie Harrison said:

“The NSW Government is committed to keeping women and girls safe and reducing the incidents of domestic and family violence.

“Today’s commencement of coercive control and bail laws sends a strong message to perpetrators that abuse is unacceptable.

“We have listened to the lived experience of victim-survivors about reforms that are needed in the system, including implementing a Primary Prevention Strategy to address the drivers of violence and stop it before it starts.”

A new set of draft guidelines that will assist councils to develop localised Disaster Adaptation Plans (DAPs) that reduce the risk and impact of climate related hazards and help communities recover faster are now out for community consultation.

Disaster Adaptation Plans are a key pillar of the State Disaster Mitigation Plan, which was launched by the NSW Government in February 2024, and provide the roadmap for reducing risk.

The NSW Reconstruction Authority is leading the development of the draft guidelines, which propose that DAPs are shaped locally, coordinated regionally and facilitated by the state.

The guidelines also recognise the role of collaboration and engagement with stakeholders from a variety of sectors when developing DAPs, including local councils, community, the insurance and banking industries and private businesses.

The consultation period provides the opportunity for feedback on the draft guidelines before they are introduced formally in late 2024. The consultation period starts on Monday 1 July and closes on Friday 23 August.

For more information on DAPs, visit the NSW Reconstruction Authority.

Minister for Planning and Public Spaces Paul Scully said:

“We’re shifting the dial on how we address disasters, focusing on prevention, by making planning decisions that do not put people in harm’s way.

“Historically, the state’s ability to prevent and prepare for disasters hasn’t worked as there has been only three per cent of funding spent on prevention and 97 per cent spent after an event.

“But we know that every dollar we invest in better preparing communities reduces future costs and will help make communities more resilient.

“And to make that happen, we need to work collaboratively across all levels of government and closely with the community to help address these challenges and reduce our risk.”

Minister Emergency Services Jihad Dib said:

“Successive years of Natural Disaster Declarations have highlighted the need for NSW to meet the challenges of the future, by working with local communities to identify ways to better address natural hazards.

“The increasing risk of natural disasters also increases pressure on our emergency services staff and volunteers, who are responding to these events to keep communities safe. These plans will help to manage that risk by identifying opportunities to reduce the impact of disasters before they occur.

“These guidelines are an important first step towards the development of DAPs, which will help reduce the risk to human life and make communities stronger.”

Acting CEO of the NSW Reconstruction Authority Mal Lanyon said:

“The NSW Reconstruction Authority is the first entity of its kind in NSW with the dual responsibility of proactively reducing the impact of future disasters before they happen, as well as recovering communities after a disaster.

“These guidelines are an important first step towards the development of DAPs, which will reduce the risk to human life and make communities stronger.”

Motorists will benefit from safer, smoother and more reliable journeys on the Central Coast Highway between Point Clare and the West Gosford Lookout on Kariong Hill, with safety improvement work now completed.

The NSW Government provided $2.4 million from the Safer Roads Program to upgrade a section of the Central Coast Highway between Brisbane Water Drive Interchange, Point Clare, and Woy Woy Road at Kariong Hill.

The work included line marking, installation of new guard rails, signage and vehicle activated signs.

Transport for NSW started work in February 2024 and completed the safety improvements in June 2024.  

This is another example of the NSW Labor Government continuing with its commitment to improve safety on our regional and rural roads.

Regional Roads and Transport Minister Jenny Aitchison:

“Safety is our number one priority on all NSW roads and the work completed on the Central Coast Highway reflects our commitment to making much-needed improvements wherever they are needed.

“This upgrade will provide a stronger and safer road network for the 37,000 motorists who use this section of road each day.

“The NSW Government is proud to be investing in improving regional roads to serve the needs of the community now and into the future.”

Minister for the Central Coast David Harris:

“The Central Coast is a rapidly growing area which is why we need road upgrades such as these.

“This improvement work will make a big difference helping to reduce crashes and that’s going to help motorists not only be safer but feel safer while driving on this busy section of road.

“The project has also provided a welcome boost to the local economy by supporting between 30 and 50 jobs.”

Member for Gosford Liesl Tesch:

“This safety upgrade is a win for motorists, visitors and freight operators travelling to, through and around the Central Coast.

“With new line marking and guard rails installation, all road users will benefit from a safer and more reliable section of road.

“I’m proud to be part of a government that’s funding projects that will save lives and improve the commute of the thousands of people who use the Central Coast Highway each day.”

The future of popular Tumut to Wagga Wagga and Wyangala to Canberra bus services has been secured thanks to a commitment by the Minns Labor Government to continue investing in delivery of the services.

During an extensive four-year trial which commenced under the former government but was never funded to continue into the future, demand for both services has been strong.

Now, as more people opt to catch the bus to access healthcare, education, employment and social opportunities, the Tumut to Wagga Wagga service operated by Goodes Coaches has been confirmed as an ongoing service with a three-year contract put in place.

Patronage for this service, which also has stops at Adelong and Tarcutta and connects with NSW TrainLink services at Wagga Wagga Station, has grown after the addition of a new service on Saturdays in addition to the original Wednesday service.

The trial Wyangala to Canberra service operated by LiveBetter Services which runs each Friday has been extended for another year.

Bookings for this service, travelling via Darby Falls, Cowra, Koorawatha, Bendick Murrell, Murringo, Boorowa have grown strongly following a targeted information campaign.

Through the 2024-25 Budget the NSW Labor Government confirmed a record $44.5 billion spend over four years on regional transport and roads.

Minister for Regional Transport and Roads Jenny Aitchison said:

“These services are giving isolated country communities the opportunity to better connect with regional centres for essential healthcare, education, employment and social opportunities.

“They’re also providing people with better connections with other modes of transport to travel to Sydney and other major cities.

“Investments in these services are all part of the NSW Labor Government’s plan to build better communities while ensuring we have the roads and transport infrastructure we need to improve the lives of people in NSW.”

Labor’s Duty MLC for Cootamundra Stephen Lawrence said:

“It’s fantastic to see more and more people taking advantage of these great public transport options the NSW Labor Government is delivering.

“In the country where people have to travel long distances to access essential services, we know investment in public transport is critical to help reduce disadvantage and open up opportunities.”

Labor’s Duty MLC for Goulburn Bob Nanva said:

“Not everyone has access to a car and for some people these bus services provide their only link to better healthcare, education, employment and social opportunities. That’s why we’re backing them in for isolated communities.”

“I encourage more people to take advantage of this important service that the NSW Labor Government is investing in.

Independent Member for Wagga Wagga Dr Joe McGirr said:

“The success of the trial shows that the Tumut-Wagga bus service is greatly valued as an important link between the Snowy Valleys and Wagga, allowing passengers to easily access services, shops, transport links and other facilities.

“The confirmation that the service is locked in for the next three years is great economic and social news for communities along the route and provides certainty to passengers who can continue to travel to and from Wagga safely, reliably and affordably.”

NSW and the ACT today become the first jurisdictions in Australia to adopt new national laws to modernise defamation law for the digital age with legislation coming into effect.

Changes in the Defamation Amendment Act 2023 (NSW) will improve the balance between freedom of speech and protection of reputation when someone publishes content through a digital intermediary.

Social media platforms, review websites, search engines, content hosts and service providers are examples of digital intermediaries, along with organisations and individuals who use online platforms to host forums inviting third-party comments (known as forum administrators).

These reforms address the High Court’s decision in Fairfax Media Publications v Voller. This case involved several media companies acting as forum administrators. The High Court found the media companies to be publishers of comments posted on their social media pages by third-party users responding to their content.

Under the new laws, the media companies, as forum administrators, may be able to rely on a new defence. This defence is for digital intermediaries who ‘innocently disseminate’ defamatory content.

Many forum administrators are ordinary people, rather than media companies. For example, a parent might host a Facebook page for other parents to discuss issues relating to the school which their children attend. A member of a local sporting club might host a Facebook page for members to share information about upcoming games.

These forum administrators may also be able to rely on the new innocent dissemination defence if a member of the forum posts defamatory content on the Facebook page. To access the defence, the forum administrator must do certain things, such as providing an email address or other easily accessible way for people to complain of defamatory content. 

The reforms will also benefit victims of online defamation. The reforms establish a simple process by which a person can submit a complaint to a digital intermediary. If the digital intermediary does not take down the content within seven days, they can lose access to the innocent dissemination defence.

The reforms also empower courts to order digital intermediaries who are not party to defamation proceedings to take down defamatory content.

The legislation implements reforms developed through Part A of the Stage 2 Review of the Model Defamation Provisions, led by the NSW Government.

The Act also extends the defence of absolute privilege to reports made to police, such as a complaint of sexual assault. This would address any chilling effect the threat of defamation proceedings could have on making a complaint.

Attorney General Michael Daley said:

“The previous defamation laws were passed at a time when the sort of digital access we now enjoy could not have been imagined by most of us.

“It is essential our laws reflect the world in which we live, and these changes aim to address the challenges posed by the rapid spread of defamatory information online and clarify the legislation for complainants and publishers.

“In designing the new laws, it was essential to strike a balance between not unreasonably limiting freedom of expression in circumstances where third parties publish defamatory matter via digital intermediaries and protecting reputations.

“It was crucial, too, that freedom of speech was protected. This is a basic tenet of open democracy such as the one we enjoy in Australia and allows for the exchange of ideas and opinions. However, it must be balanced with the right to protect one’s reputation and people must also be able to seek redress if they believe theirs has been unjustly damaged.”

The Industrial Court of New South Wales today commences operations as a one-stop shop for industrial justice as well as work health and safety matters.

The court and the Industrial Relations Commission will be independent umpires for industrial relations in NSW, with the power to force unions and government agencies to come together, mediate disputes and arbitrate final outcomes in pay disputes.

Established last year by the Industrial Relations Amendment Act 2023, the Industrial Court will act as a superior court of record, with equivalent status to the Supreme Court and the Land and Environment Court.

Three eminent and respected practitioners of the law were formally appointed by the Governor earlier this year.

Ingmar Taylor SC, a nationally recognised expert in employment law and work health and safety, will be appointed President of the Industrial Relations Commission and a judge of the Industrial Court.

David Chin SC, a specialist in work health and safety, industrial, employment and discrimination law, who co-authored The Modern Contract of Employment, will be the commission’s Vice-President and a judge of the Industrial Court.

Jane Paingakulam, who has practiced primarily in criminal law and provided advice to government agencies on public sector issues, will be the commission’s Deputy President and a judge of the Industrial Court.

The NSW Industrial Court will hear all industrial relations matters relating to NSW state government and local government employees. Private sector employees will remain in the commonwealth’s jurisdiction under the Fair Work Commission.

The Industrial Court will hear matters relating to work health and safety in New South Wales and will again have jurisdiction over matters that were transferred to other courts when the Industrial Court was abolished in 2016.

The new court will be temporarily located in Bridge Street, Sydney whilst the commission’s premises in Parramatta undergo refurbishment.

Attorney General Michael Daley said:

“The Minns Labor Government has delivered for working people with this court, ensuring state and local government employees have access to an independent umpire.

“Today, three eminent legal practitioners have been sworn-in, commencing work in NSW’s newest one-stop shop providing access to justice in industrial and work, health and safety matters.”

Acting Minister for Industrial Relations Tara Moriarty said:

“This is a historic day for industrial relations in NSW. The Minns Labor Government promised meaningful reforms and we have delivered.

“I congratulate The Honourable Justice Taylor, President, The Honourable Justice Chin, Vice-President, and The Honourable Justice Paingakulam, Deputy President, on their swearing in today.”

A Newcastle-based startup developing technology that can turn organic waste into green hydrogen will accelerate its commercialisation plans after receiving funding through the NSW Government’s MVP Ventures Program.

EM Energy has developed the Organic Hydrogen Electrolyser Cell (OHEC), which produces green hydrogen from organic materials and eliminates the need for energy and heat in hydrogen generation.

The technology has the potential to be a game-changer for clean energy production with around 95 per cent of hydrogen currently produced from fossil fuels.

EM Energy is continuing to test and validate the production of green hydrogen from the OHEC at the University of Newcastle. The $50,000 MVP grant will support the patent of the technology internationally to open up further investment opportunities.

The MVP Ventures Program offers grants to early-stage startups and small and medium enterprises to drive the commercialisation of new and highly innovative products or processes in NSW.

Details of the 2023/24 MVP Ventures Program grant recipients are available at www.nsw.gov.au/grants-and-funding/mvp-ventures-2023-2024.

Applications are now open for the 2024/25 funding round, with information on the program and how to apply available at https://www.investment.nsw.gov.au/grants-and-rebates/mvp-ventures.

Minister for Innovation, Science and Technology Anoulack Chanthivong said:

“The NSW Labor Government is focused on nurturing innovation that can bring economic opportunity to this state by tackling our biggest challenges such as the transition to net zero.”

“With grants of up to $50,000, the MVP Ventures Program provides much needed support to assist startups on their commercialisation journey while ensuring we attract and retain entrepreneurial talent in NSW.

“EM Energy is pushing the boundaries when it comes to innovation and we’re delighted to support the development of its green hydrogen production technology, which has the potential to be a game-changer for sustainable energy generation globally.”

EM Energy Co-Founder Chris Wilson said:

“Conventional methods for producing green hydrogen without the use of fossil fuels involve a process called water electrolysis, which requires significant amounts of energy and water. To produce just one kilogram of hydrogen using water electrolysis, you need enough energy to power two average homes a day.

“The OHEC doesn’t require any energy or heat, and instead uses organic waste and chemistry to produce green hydrogen. The OHEC device can also be deployed directly onsite, removing the need to transport hydrogen which is an expensive and difficult exercise in its own right.

“I’d like to thank the NSW Government for its support as we continue to pioneer our exciting new technology.”

Six tiny loggerhead turtle hatchlings have now made their way into the ‘big blue’, capping off a bumper 2023-24 sea turtle nesting season which saw an incredible 877 sea turtles hatch successfully on NSW beaches.

The six loggerhead turtle hatchlings were the survivors of nest laid very late in the season at Diamond Beach, near Forster. After weeks of careful monitoring, incubation and care from experts at NSW National Parks and Wildlife Service (NPWS), NSW TurtleWatch and Taronga, these hatchlings were strong enough to be released.

The nest at Diamond Beach was one of 12 successful nests recorded on the state’s beaches this season, stretching from New Brighton Beach in the Byron Shire to Diamond Beach on the Mid Coast, up from the five nesting activities that were seen the previous season.

Together, these nests produced 196 green turtle hatchlings and 681 loggerhead turtle hatchlings. Both are currently listed as threatened species in NSW.

NPWS staff and NSW TurtleWatch volunteers invested over 800 hours in monitoring and protecting nests this season.

Many sea turtle species are in decline as a result of human impacts. On the shore, turtle nests are impacted by predators, coastal development, artificial light pollution, climactic impacts from storm surges, erosion and sea inundation. Off-shore threats include marine debris, boat strike, climate change and by-catch.

NPWS last week convened the inaugural 2024 NSW Turtle Summit at the National Marine Science Centre in Coffs Harbour. The summit brought together leading experts and stakeholders in marine turtle conservation to address critical research gaps and bolster conservation efforts across NSW and Queensland.

Minister for Climate Change and the Environment Penny Sharpe:

“This season’s record number of hatchlings is truly wonderful news for sea turtle conservation.

“That 877 hatchlings have made their way to the ocean is a testament to our collective efforts to protect these magnificent creatures.

“The contribution of our TurtleWatch volunteers and NPWS staff has been instrumental in this success.

“I also want to extend my heartfelt thanks to our coastal communities who have been vigilant in reporting sightings. You’ve made a significant difference in the survival of these hatchlings.”

NSW NPWS Marine Wildlife Team Leader Duane March:

“With the 2023/24 nesting season at an end, the summit was an opportunity for us to bring together key stakeholders and experts to address the urgent challenges facing marine turtles.

“Each year, marine turtles wash up on our beaches or are presented to wildlife rescue organisations suffering from diseases or other health concerns that we don’t fully understand.

“The insights we’ve gained will guide us in addressing critical gaps in our understanding of marine turtle biology and threats and will also help us to better support turtles when they are sick, injured or directly threatened and need our help.

“We hope the actions that came out of the summit will lead to many more successful marine turtle nesting seasons on NSW beaches in years to come.”