Month: October 2024

The Australian Government and New South Wales Government have signed an agreement to support the Commonwealth’s implementation of its Community Safety Order (CSO) Scheme.

As a result of the High Court’s decision in NZYQ v. Minister for Immigration, Citizenship and Multicultural Affairs & Anor, NZYQ and other similarly affected people were required to be released from immigration detention.

The Department of Home Affairs is responsible for the CSO scheme, which seeks to ensure that individuals who pose an unacceptable risk to the community, who have no real prospect of being removed from Australia in the reasonably foreseeable future, are subject to either a community safety detention order or a community safety supervision order.

New South Wales has agreed to support the Commonwealth’s delivery of services under the CSO Scheme, including the Community Safety Detention Order scheme (CSDO) and the Community Safety Supervision Order (CSSO) scheme.

This will include – where it is ordered by a court – accommodation of CSDO offenders within Corrective Services NSW facilities, and assistance to the Australian Government with CSSO supervision case management.

Corrective Services NSW support for therapeutic case management will be limited to development of case plans, assessments and the referral or provision of therapeutic programs.

The Commonwealth will continue to be responsible for the monitoring of NZYQ affected people, including those on the CSSO scheme, and responding to any breaches of conditions.

This support is in addition to the ongoing support provided to the Commonwealth by the NSW Police Force since the High Court’s decision in November 2023.

Testing will soon begin on cutting-edge technology to improve early warnings about floods and bushfires in NSW.

The NSW Government this week launched a proof-of-concept phase as part of a $3.3 million election commitment to build a natural hazards detection system.

The testing will explore a range of scenarios to enhance the state’s response to natural hazards including innovative technology to detect floods and bushfires that can:

• support early identification of flood water across roads
• monitor rainfall and soil moisture data to predict floods
• identify fire ignitions in remote locations
• monitor soil moisture and fuel loads to support improved fire hazard reduction.

Individual grants of up to $50,000 will be awarded to successful applicants through the program to support the testing of technologies over a six-month period to demonstrate their feasibility and benefits.

The program delivers on an election commitment by the Minns Labor Government and is being led by the Office of the NSW Chief Scientist & Engineer (OCSE) in collaboration with the NSW Reconstruction Authority (RA).

The initiative directly responds to key recommendations from the 2020 Bushfire Inquiry and the 2022 Flood Inquiry, which called for the use of advanced detection systems to provide earlier warnings and give communities more time to respond to natural hazards.

Businesses are encouraged to submit proposals addressing these challenges, with the potential to progress to the next stage of the program which includes scaling up and piloting technologies in real-world settings.

Applications for Phase 1 are open until early December. Grant recipients from Phase 1 will be eligible to apply for Phase 2 through a competitive process.

The outcomes of the pilot will help shape the design of a final product, ready for deployment in hazard-prone areas of NSW. For more information and to apply, visit: www.chiefscientist.nsw.gov.au/nhds.

Minister for Emergency Services Jihad Dib said:

“The Minns Labor Government is delivering on its election commitment to better protect communities living in high-risk areas that are prone to floods and fires through better detection systems.”

“We are helping to develop new detection technologies and testing them in unique Australian conditions.”

We are working to identify solutions that allow people to better anticipate natural disasters and prepare for evacuations.”

“This program is not only important to help reduce the impact of disasters, but ultimately can help save lives.”

Minister for Innovation, Science & Technology, Anoulack Chanthivong said:

“This funding demonstrates the NSW Government’s commitment to innovation and technology to help improve our response to and preparedness for natural hazards.”

“Supporting businesses to field-test their technologies with NSW Government agencies allows them to bring their innovations one step closer to commercialisation.”

Professor Hugh Durrant-Whyte, Office of the Chief Scientist and Engineer said:

“NSW is looking to the future and investigating how cutting-edge technology can transform our response to natural hazards.”

“By undertaking trials of groundbreaking technology solutions in real world conditions we will ensure that NSW residents are better prepared for natural hazards now and into the future”.   

The NSW Government will roll out reforms to better protect the community from the harms of illegal tobacco, including tougher penalties, more enforcement officers, and a new tobacco licensing scheme for retailers.

A new licensing scheme

Recent enforcement activities have observed a rise in illicit tobacco retailing including amongst rural communities in NSW, which adversely affects businesses that operate within the law. Illicit retailers undercut legitimate small businesses by selling illicit tobacco at lower prices and some have been found to be located in close proximity to schools.

A new tobacco licensing scheme will also be introduced, to better protect those businesses doing the right thing and ensure greater oversight of the tobacco retail industry in NSW.

Under these changes, retailers and wholesalers of tobacco and non-tobacco smoking products will be required to hold a tobacco licence and pay an annual fee.

A licence will be able to be refused, or revoked, if the applicant has been convicted of a tobacco or vaping product related offence.

The scheme will support comprehensive and targeted enforcement to identify and penalise those retailers and wholesalers doing the wrong thing.

The proposed legislation includes penalties of up to $220,000 for corporations and $44,000 for individuals for selling tobacco without a licence under the new scheme.

To ensure that applying for a tobacco licence is not burdensome for small businesses, a technical support phoneline will be available to everyone submitting an application.

A tobacco licensing scheme will complement the NSW Government’s broader approach to tobacco compliance and enforcement.

Tougher penalties

The government will double maximum penalties for a range of tobacco retailing offences, including:

• Individuals selling tobacco products to minors will be fined up to $22,000 for a first offence and $110,000 for a subsequent offence, with corporations liable for up to $110,000 for a first offence and $220,000 for subsequent offences;
• Individuals selling tobacco products not in the required packaging or with the mandatory health warnings will be fined up to $22,000, and corporations up to $110,000; and
• People impersonating or obstructing an inspector can be fined up to $1,100, up from $550.

Enforcement & seizures

NSW Health will also recruit an additional 14 enforcement officers to strengthen compliance efforts across the state. This doubles the number of authorised inspectors employed by the Ministry of Health. Ahead of these reforms, NSW Health boosted regional enforcement capacity by supporting the employment of four additional enforcement officers. This compliance workforce complements authorised staff who undertake inspections across local health districts

From 1 July 2024 to 30 September 2024, NSW Health inspectors conducted 565 targeted retail inspections, seizing more than 3.2 million cigarettes and over 600kg of other illicit tobacco products, with an estimated value of over $3.7 million.

NSW Health collaborates with NSW Police and other state and national regulatory agencies on enforcement related to illicit tobacco sales, including sharing intelligence, working on joint targets and joint operations.

Information on NSW tobacco retailing laws can be found on the NSW Health website here: https://www.health.nsw.gov.au/

Members of the public are encouraged to report suspected breaches of tobacco and e-cigarette retailing laws on the NSW Health website here: https://www.health.nsw.gov.au/tobacco/Pages/let-us-know-reports-complaints.aspx

Minister for Health, Ryan Park MP:

“I am very concerned by the prevalence of illegal tobacco and e-cigarettes in our community, and their proximity to our schools and children.

“These new laws are the most significant tobacco retailing reforms in NSW in the last decade and will help us combat the scourge of illicit tobacco sales across the state.

“We are introducing tougher penalties for retailers doing the wrong thing, and boosting our team of enforcement officers to strengthen our compliance efforts.

“The increased tobacco penalties reflect the seriousness of these offences. Retailers should be put on notice that if they are caught breaking tobacco retailing laws they will be penalised.”

“A tobacco licensing scheme in NSW will also further enhance our state’s strong approach to enforcement of tobacco retailing laws. It will allow us to have better oversight over the tobacco industry and will support our comprehensive approach to help reduce the use, impact and associated costs of tobacco in NSW.”

Member for Wagga Wagga Joe McGirr MP:

“After being made aware of the escalating problem of illegal tobacco in my electorate and across the state, I prepared a Private Members’ Bill to require the licensing of tobacco retailers and increased penalties for offences.

“This Bill was prepared with widespread consultation with industry and the community, with strong support for my proposals to tackle this growing criminal activity which is undermining health messaging and taking an expensive toll on legitimate retailers.

“So, I am delighted that the government has met this challenge by proposing its own Bill, reflecting the content of my Bill, and I look forward to supporting the government in this endeavour when parliament resumes.

“Licensing on its own will not eliminate the black market trade in tobacco but it will provide a valuable structure that will help to reduce the damaging effects of this rapidly-growing problem.

“I congratulate the government for taking this strong proactive stance and I look forward to working together on further steps to tackle the illegal tobacco trade.”

NSW Health Chief Health Officer Dr Kerry Chant:

“NSW Health supports a holistic approach to tobacco control, recognising reducing supply and access to illicit products is one component.

“Operating a tobacco licensing scheme will ensure NSW Health has accurate, up-to-date information on tobacco retailing and wholesaling activities in NSW, facilitating more efficient and effective enforcement activity.

“If you think a tobacco or e-cigarette retailing law has been broken by a retailer in NSW, you can report this via the NSW Health website.”

The Minns Labor Government has passed the most significant rental reforms in over a decade in the NSW Parliament.

This historic legislative package follows through on Labor’s election commitment to improve rental laws and strikes the right balance between the interests of owners and renters.

These reforms will mean that more than 2.2 million renters across the state will soon enjoy the following benefits:

• No grounds evictions will be banned;
• Rent increases will now be limited to only one per year;
• It will be easier to have pets in rentals;
• Fee-free ways to pay rent; and
• A ban on paying for background checks when applying for a property.

The banning of no grounds evictions will ensure housing security for renters, allowing them to make a house a home. The reforms will also give landlords more clarity on when they can end a fixed term or periodic lease based on clear, straightforward reasons.

Previous protections against multiple rent hikes did not apply to fixed term leases of less than two years, or when there is a change in the type of lease, such as from periodic to fixed term, so this new legislation now closes those legal loopholes.

The changes to make it easier to have pets in rentals will mean a tenant can apply to keep a pet, with landlords only able to decline on certain grounds.

Tenants will now have easy and free ways to pay their rent by requiring property owners and agents to offer zero-fee ways to pay such as bank transfer and Commonwealth Centrepay.

The new laws protecting renters from having to pay for background checks and limiting rent rises to one per year will take immediate effect upon the Bill’s assent.

The ban on no ground evictions and the rules making it easier to have pets in rentals will come into effect once the Residential Tenancies Regulation 2019 has been amended in early 2025.

The passing of these laws follows extensive and detailed discussions with renter advocates, industry stakeholders and tenancy experts, as well as a ‘Have Your Say’ public consultation process which received more than 16,000 submissions and survey responses.

The Residential Tenancies Amendment Bill 2024 also complements key initiatives already announced to rebalance the rental marketplace:

• Portable bond scheme – Investing $6.6 million to develop and deliver the nation’s first Portable Rental Bonds Scheme. This means eligible renters can move homes and digitally transfer their existing bond with them.
• Establishing Rent Check – A new, free tool renters can use to help check whether the rent they’re being asked to pay is fair.
• Rental Taskforce within NSW Fair Trading – The Government will invest $8.4 million for a taskforce with investigators, inspectors and support teams to help renters and act on serious breaches of rental laws.

Premier Chris Minns said:

“Renters have been the forgotten people in NSW for too long, and that ends now.

“We have delivered major changes that make it fairer for the millions of renters across our state.

“Millions of people rent in NSW, and we know how anxious and challenging it can be.

“This brings the rental market into the 21st century.

“These are sensible reforms to get the balance right for renters and owners.

“Housing is the biggest cost people have, and renters are now getting a fairer deal.”

Minister for Better Regulation and Fair Trading Anoulack Chanthivong said:

“These landmark reforms are a huge leap forward and will create a fairer and more affordable rental system for the 2.2 million renters in this state. 

“By limiting rent increases to only one a year, banning no grounds evictions, making it easier to have pets in rentals, and ensuring people can pay their rent without hidden fees, these historic reforms will make it easier for renters in NSW.

“We want a thriving rental market in NSW where landlords have certainty and tenants have security, and these reforms do just that.”

Minister for Homelessness Rose Jackson said:

“Renters deserve a fair go. We know how hard it can be for young people and families who are facing consecutive rent increases, unfair evictions and hidden fees.

“Today we are taking historic steps to ban unfair “no-grounds evictions”, ending hidden fees and allowing pets in rentals.

“We inherited a rental crisis and a housing crisis and since day one we’ve been committed to making renting fairer and more secure.

“This is a huge win for renters in our state – it was an election commitment and today we are making the system fairer and more compassionate for all.”

NSW Rental Commissioner Trina Jones said:

“The current rental market in NSW is the toughest that renters have seen for decades, with historically low vacancy rates, and median rent prices for houses increasing by around 7 per cent over the last 12 months.

“These reforms will provide tenants with practical and meaningful support, which will help ease the insecurity and vulnerability of renting in challenging city and regional rental markets.”

The NSW Government has passed legislation addressing the refusal of private insurers to pay their bills in public hospitals.

The refusal of the country’s biggest private health funds to pay the correct single room rate has been robbing public hospitals of $140 million each year.

The bill passed the Legislative Council 21 to 17 with the support of the Greens, the Shooters, Fishers and Farmers, the Animal Justice Party and the Legalise Cannabis Party.

In the Legislative Assembly it passed 50 to 31 with the backing of six of the eight independents who voted, and the Greens.

The result means the Leader of the Opposition led a vote against the very same legislation he backed a decade ago.

In 2013, Liberal Leader Mark Speakman supported then-Treasurer Mike Baird’s bill to amend the Health Insurance Levy.

This achieved an agreement from the private insurers to pay their fair share.

However in 2019 the major funds began walking away from that agreement, and since then have doubled their profits.

Mr Baird’s 2013 legislation was supported by NSW Labor in a united effort to ensure the big private health insurers paid their bills.

But the Liberal Party’s opposition signals that under Mr Speakman’s leadership, private insurers can walk away from their bills with no recourse.

The Opposition Leader, the Shadow Treasurer and the Member for Vaucluse must explain why they believe wealthy private insurers don’t have to play by the same rules as hard-working families across NSW and pay their bills.

The NSW Government remains open to dialogue with major insurers to resolve the issue.

The Government applauds the majority of non-profit private health funds, including Teachers Health, Nurses and Midwives Health and Emergency Service Health, who continue to pay the correct rate.   

Treasurer Daniel Mookhey said:

“Mike Baird was right in 2013 when he demanded insurers pay their fair share and a decade later, we are right to reinforce that agreement.

“Premiums didn’t go down when the big insurers stopped paying their bills.  They shouldn’t threaten families with an increase now. The big insurers can still resolve this impasse by simply paying their bills.

“The Government thanks those on the cross benches in both houses who supported this bill.”

Minister for Health Ryan Park said:

“All we’re asking is that private health insurers pay their fair share of their use of public hospital beds.

“Every day they don’t, it’s costing the state over $338,000 – every single day.

“It is so emblematic of the current Liberal Opposition that they refuse to support the very same bill they proposed when they were confronted with this very same set of circumstances.

“It is so symptomatic of this Liberal Opposition which no longer knows what it stands for, completely devoid of conviction.”

A new early intervention family program will deliver crucial therapeutic, trauma-informed and culturally safe support to victim-survivors of domestic and family violence and their children to help disrupt the cycle of abuse.

Preventing and eliminating domestic and family violence is a priority for the NSW Government.

Evidence shows that early intervention can improve the lives of children and young people, including those who have experienced family violence, building resilience as they recover.

Funded with $13 million under the National Partnership Agreement with the Commonwealth Government, Safe and Strong uses a dual model of early intervention support for both victim-survivors and their children who are experiencing, or at risk of experiencing, family violence.

Service providers will deliver specialist early supports such as counselling, family capacity building, and supported playgroups.

Case workers will help families to identify early indicators of violence in their homes, and deliver therapeutic, trauma-informed and culturally safe support focusing on the needs and experiences of victim-survivors and their children.

There are 11 Aboriginal Community Controlled Organisations (ACCOs) that will deliver Safe and Strong in 10 priority locations across NSW, and service delivery will commence in the remaining 22 priority locations in early 2025.

ACCOs are best placed to understand community need and deliver services to achieve better results for Aboriginal and Torres Strait Islander families and their children, and have been prioritised to deliver this service.

Aboriginal-led, trauma-informed and culturally safe strategies recognise the importance of culture, connection to Country and the role of men’s and women’s business in responding to and healing from family violence.

Locations for delivery of Safe and Strong were selected using domestic violence crime and child protection data, to identify areas of the highest need.

Safe and Strong demonstrates the NSW government’s ongoing commitment to addressing family violence within our communities and aligns with the objectives of the NSW Domestic and Family Violence Plan 2022-2027.

The early intervention service complements the range of domestic and family violence supports already in place in NSW, including the Specialist Workers for Children and Young People program, Staying Home Leaving Violence and Women’s Domestic Violence Court Advocacy Services.

This project is funded for 12 months and will be independently evaluated to measure its impact and effectiveness.

The NSW Government has committed $245.6 million in the 2024-25 Budget to improve support for domestic and family violence victim-survivors and expand programs that reduce the rate of violence, including in early intervention and primary prevention.

Federal Minister for Social Services Amanda Rishworth said:

“To achieve our goal of ending gender-based violence in one generation, we need to provide genuine support for our young men and boys now.

“That’s why the Albanese Labor Government has worked to elevate the voices of children in the National Plan to End Violence against Women and Children.

“We have invested $3.4 billion to deliver the National Plan over the past 3 budgets and a further $4.4 billion to harness opportunities to prevent violence and support legal services as announced at the 6 September National Cabinet meeting on gender-based violence. This includes work that will have a specific focus on supporting First Nations children and young people.

“Our Government is proud to invest in supports that will lead to long-term change and provide meaningful support to young men and boys to help them break the cycle of violence, as well as support victim-survivors.”

NSW Minister for Families and Communities Kate Washington said:

“Domestic and family violence can tear families apart; and the impact on children and young people can be lifelong.

“Many children who enter the child protection system have come from houses of violence and carry that trauma with them.

“The Safe and Strong program is designed to stop the cycle of abuse by identifying families at risk and offering timely support so more Aboriginal children can stay safely with their families.”

NSW Minister for Aboriginal Affairs and Treaty David Harris said:

“It is critical that we respond to the impacts of domestic and family violence on Aboriginal people.

“Early intervention is an important strategy and the services to help Aboriginal people and communities, including children, will be developed and delivered by and with Aboriginal people.

“We know the best way to close the gap is by Aboriginal people shaping and driving outcomes for Aboriginal people, in partnership with the NSW Government.”

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

“The NSW Government is committed to keeping families safe from the harm and horror of domestic and family violence.

“To make sure our action in this space is meaningful and sustainable, we must address domestic and family violence from every angle – this includes genuine preventative and early intervention action.

“It’s important to treat children and young people as victim-survivors in their own right and ensure that child-focused early support is provided.

“Through Safe and Strong, we are making sure that victim survivors of domestic and family violence and their children have the support they need to recover, heal and rebuild their lives.

Dhungutti woman Ashlee Donohue CEO of Mudgin-Gal Aboriginal Women’s Centres said:

“Mudgin-Gal means ‘Women’s Place’, which reflects our mission to provide a safe space for Aboriginal women and families.

“We are committed to preventing domestic and family violence in our communities through the Safe and Strong program.

“Using a family approach through early intervention, we will continue to deliver culturally safe and trauma-informed support services to families.

“By identifying early indicators of violence, we can support families who are at risk of family violence and stop the violence before it starts.”

Support Services

If you or someone you know are in immediate danger, call the Police on Triple Zero / 000.

For confidential advice, support, and referrals, contact 1800 RESPECT or 13 YARN on 13 92 76.