August 2016

 

Recent Events

On Friday 12th August we held our Annual Local Government Conference at Adelaide Oval.  The conference attracted over 230 delegates and covered a range of issues facing local government today. The day concluded with two high calibre panels of interstate and SA based local government experts sharing their knowledge and experience with SA Councils.

Thank you to all who attended. We trust you found the conference to be informative, challenging and above all, a timely opportunity to engage with your peers and colleagues. The overwhelmingly positive feedback received would suggest so.

We look forward to seeing you again in 2017.

 

Upcoming Events

Human Resources Masterclass
Friday 4 November 2016

Only a few spaces remaining!

Following on from last year’s successful inaugural Human Resources Masterclass, the Norman Waterhouse Employment and Industrial Relations Team is pleased to announce that this year’s Human Resources Masterclass will be held on Friday, 4 November 2016.

 
 
 

Latest Legal Updates

Supported Residential Facilities – Where did the guidelines go?

Over one year ago now, the Supported Residential Facilities Advisory Committee Guidelines (the Guidelines) vanished from the statutory framework of the Supported Residential Facilities Act 1992 (SA) (the SRF Act).

Up until 30 June 2015, a licensing authority under the SRF Act (including any council) was required to take the Guidelines into account when considering an application for a licence under the SRF Act and when formulating or varying conditions for any licence.

Employment – The cost of abusing employee visa obligations

In the recent case of Minister for Immigration and Border Protection v Hallmark Computer Pty Ltd [2016] FCA 678, a Darwin computer services company, Hallmark Computer Pty Ltd (the Company) was ordered to pay a total penalty of $430,000 for 314 separate fortnightly contraventions of its sponsorship obligations to three foreign visa holders.

 

Environment & Planning – Local Heritage Reform

The State’s heritage laws were identified as an area for reform by the Expert Panel on Planning Reform.

Key among the Panel’s recommended reforms was the consolidation of State and local heritage into a single integrated framework. The State Government gave its in-principle support. However, due to the significance and complexity of heritage laws, the Government decided that they were best reviewed in their own right, rather than as part of the recent planning reforms.

 

Cemetery regulation – A burial licence is not property

In the recent case of Raggio & Anor v Horlock [2016] SADC 79 the District Court of South Australia heard an appealed dispute, which arose from the wording of a plaque on a grave site commemorating a family member.

The case explains various important issues, particularly the nature of a licence fee and whether or not a burial licence under the Burial and Cremation Act 2013 (the Act) constitutes property.

 

By-Laws – Decision-making lessons from new Preachers litigation

Many of our readers will be familiar with the ‘Rundle Mall Preachers’ litigation. The result of that series of cases was victory in the High Court of Australia for the Adelaide City Council against a group of street preachers who had mounted sustained constitutional challenges to the council’s by-laws (the Preachers Case). Convictions for breach of the council’s roads by-law were accordingly upheld.

Environment & Planning – Private Certification – Mundy v City of West Torrens

Those who attended our recent Local Government Conference (or keep their ears close to the ground) would be aware of the first ERD Court hearing involving review of a privately certified development plan consent: Mundy v City of West Torrens [2016] SAERDC 30. 

The Court’s judgement was handed down recently, and validates the view that the powers of private certifiers are subject to certain limitations.

 

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