Norman Waterhouse
   
Norman Waterhouse

 

 

Normans Briefly

In this issue

Welcome to the December edition of our Local Government Briefly.

>   Season's Greetings!
>   2016 Walking the Talk Seminar
>   2016 Industrial Relations Summit
>   Employment – Norman Waterhouse secures $300,000+ damages reversal in favour of government funded board
>   Local Government – Local Nuisance and Litter Control Bill 2015
>   Environment & Planning – Fiora v Development Assessment Commission [2015] SAERDC 43 - what is the nature of the development?
>   Property, Infrastructure and Development – Guidance for council asset disposals from the ICAC’s findings into the sale of the Gillman land
>   Environment & Planning – Land Management Agreements – Zweck v Town of Gawler

Season's Greetings!

We wish all of our valued clients a very happy Christmas and prosperous 2016. Please note we will be closed over the Christmas and New Year period from 12 noon Tuesday 22 December, and reopening Monday 4 January. We would like to thank you for your support throughout the year and look forward to working with you in 2016.


2016 Walking the Talk Seminar

Tell us what you want to hear about at South Australia’s most valuable workplace seminar.

Walking the Talk is back in 2016 and Norman Waterhouse’s Employment and Industrial Relations Team will again take you through an in-depth analysis of the most important issues facing your workplace. Also, back by popular demand, our interactive Q&A session.

This is one seminar that Chief Executive Officers, human resource professionals and senior managers across State and Federal industrial regimes can’t afford to miss.

Get the right advice on your workplace issues at this full-day seminar.

"It is the only conference that I MUST attend each year. You all continue to deliver a dynamic line up of subjects and presenters, well done."

"The best seminar I have attended in recent years."

Friday 1 April 2016 | Crowne Plaza Adelaide

Click here to add the calendar appointment to Outlook.

To have your say and shape the agenda, submit your topics to marketing@normans.com.au


2016 Industrial Relations Summit

The 2016 Industrial Relations Summit is hosted by Balance HR and will be held at the Haven Motor Inn Glenelg on Friday 12th February 2016. The theme builds on the 2014 IR Summit and is focussed on wage sustainability.

Guest speakers include John Comrie who will present data on wage percentage models, that is employment costs as a percentage of total expenditure, Scott Rofey from the Western Australia Local Government Association (WALGA) will discuss the effect of the CEO Remuneration Tribunal on WA Councils and we will reflect on whether a similar process would be beneficial in SA. Geoff Pawsey from the Municipal Association of Victoria (MAV) will recap the journey Victorian Councils undertook in the establishment of a State Award in the Federal system and we will look at what this might mean for SA. Sathish Dasan from Norman Waterhouse will recap the key decisions affecting Local Government from 2015.

The program is equally aimed at Council Employees and Council Elected Members as we try to grapple with unsustainable levels of wage growth. Early bird discounts and multiple participant discounts available.

For more information please contact Robert Wallace on 0430 816 665 or rob@balancehr.com.au.

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Employment – Norman Waterhouse secures $300,000+ damages reversal in favour of government funded board

In a successful appeal to the Full Court of the Supreme Court of South Australia, Norman Waterhouse, representing Regional Development Australia Murraylands and Riverland Inc (RDA), has secured the overturning of a $335,574.08 damages award to a former executive employee.

The facts

RDA was formed by the amalgamation of two former, neighbouring regional organisations. This amalgamation was compelled by the Federal Government. Each former organisation had a Chief Executive Officer, both of whom applied for the Chief Executive Officer role in the amalgamated RDA. One of these applicants was Mr Smith. Mr Smith was not successful.

Click here to read more.



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Local Government – Local Nuisance and Litter Control Bill 2015

Earlier this year, we provided some commentary on the draft ‘Local Nuisance and Litter Control Bill 2015’ (the Draft Bill) which the Environment Protection Authority (EPA) released for public consultation.

Following the conclusion of that consultation, the EPA has made revisions to the Draft Bill. The resulting revised bill has been tabled in Parliament this month as the Local Nuisance and Litter Control Bill 2015 (the Bill).

Click here to read more.



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Environment & Planning – Fiora v Development Assessment Commission [2015] SAERDC 43 - what is the nature of the development?

Fiora v Development Assessment Commission [2015] SAERDC 43 concerned an appeal against the Development Assessment Commission’s (DAC) decision to treat an application for land division as a non-complying form of development. 

Facts

The application involved a number of elements, firstly the amalgamation of two allotments (Lots 45 and 101) into one allotment (Proposed Lot 200), and secondly the division of another allotment (Lot 1) into two allotments (Proposed Lots 205 and 206). There were four allotments in between Lots 45 and 101 and Lot 1 and it was proposed that these allotments would be renumbered with new allotment numbers if the amalgamation and division proceeded.

Click here to read more.



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Property, Infrastructure and Development – Guidance for council asset disposals from the ICAC’s findings into the sale of the Gillman land

On 14 October 2015 the Independent Commissioner Against Corruption (ICAC) released his report into the sale of state owned land at Gillman. Ultimately, the ICAC made findings of maladministration in public administration against Urban Renewal Authority (URA) and its Chief Executives in relation to the transaction. This article highlights those aspects of the ICAC’s report that are relevant for councils to keep in mind when considering a disposal of local government land in response to an unsolicited proposal. 

The ICAC said in his report:

“The Gillman land is a significant public resource. If it were to be alienated in circumstances where the State did not get the value for money that would have been available to it, but for its mismanagement, that could amount to maladministration.  Similarly, if it were to be alienated in circumstances where its true value was not known, that too could amount to maladministration.” 

Click here to read more.



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Environment & Planning – Land Management Agreements – Zweck v Town of Gawler

Land management agreements continue to throw up challenges for development assessment planners.

Some clarity has been provided by the Full Court of the Supreme Court in its recent judgment in Zweck v Town of Gawler [2015] SASCFC 172. The judgment also raises some new issues.

Facts

The appellant, Mr Zweck applied to divide his land into three allotments.

Click here to read more.



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