October 2016

Recent Events

Regional CEO and Principal Members Symposium

On Wednesday the 19th of October we held our annual Regional CEO and Principal Members Symposium.

More than 40 CEOs and Principal Members from regional Adelaide attended the event at the Adelaide Town Hall which included a presentation on ‘Reinvigorating Regional Economies and Communities’ from our chairman of partners Sean Keenihan.

We look forward to hosting the event in 2017.

 
 

West Coast Regional Training

On the 25th and 26th of October Sathish Dasan and Virginia Liu delivered training to the Council Members at District Council of Kimba as part of the Employment and Governance Team's west coast regional training trip. 

LGA Conference and AGM

On the 20th and 21st of October, Normans were proud sponsors of the LGA Conference and AGM at the Adelaide Entertainment Centre. The conference featured inspirational speakers from around the country sharing on topics such as dealing with adversity, working together and preparing for success.

3 New Practitioners in Property and Planning

 

Normans recently welcomed 3 new practitioners in the Property and Environment and Planning Teams.

As part of the firm’s Property, Infrastructure and Development team, Matthew Spinelli, assists with development and property projects, as well as commercial and community leasing and licensing, sales and acquisitions and other interests in land. Matthew assists both public and private sector clients.

Jakob Moser, also a member of the Property, Infrastructure and Development team, worked in a range of areas for a national law firm in Sydney, with a main focus in large-scale property transactions and other property-related corporate and commercial matters.

Michael Ashforth has joined the Environment and Panning team and advises and represent primarily local government clients in both litigious and non-litigious matters. Michael gained experience working in policy development and implementation at the Department of Premier and Cabinet, and as a Judge’s Associate at the South Australian District Court where he worked in the Criminal, Civil, and Environment, Resources and Development jurisdictions of the Court.

 

Latest Legal Updates

 

Environment & Planning - PDI Act Transitional Arrangements Released

The next step towards the implementation of the Planning, Development and Infrastructure Act 2016 (PDI Act) began late last month with the introduction of a transition bill into Parliament.

This Bill, the Statutes Amendment (Planning, Development and Infrastructure) Bill 2016 (Transition Bill) will facilitate the progressive ‘switching on’ of parts of the PDI Act and ‘switching off’ of equivalent parts of the Development Act 1993 over the next five years. It will also make minor amendments to other Acts including the Community Titles Act 1996, the Environment Protection Act 1993, the Local Government Act 1999 and the Natural Resources Management Act 2004.

Local Nuisance and Litter Control - consultation on draft Regulations

Our clients and readers are already aware that the Local Nuisance and Litter Control Act 2016 (LNLC Act) will usher in wide-ranging changes to the regulatory responsibilities and day-today regulatory activities of councils. We have written extensively on the LNLC Act, and have hosted forums on the LNLC Act for numerous councils and regions around the State.

While the LNLC Act has now passed Parliament and will become operational in its present form, councils now have the opportunity to provide comments upon two sets of draft regulations which are proposed to be made under the LNLC Act.

Environment & Planning – DAP Code of Conduct

A recent Investigation report from the Ombudsman has brought to the surface the potential conflicts for elected members who are also members of their Council Development Assessment Panel (DAP), and given rise to an interesting interpretation of a number of provisions of the Code of Conduct.

Background

An applicant submitted a development application for a dwelling that the relevant council determined to be category 1 development.  An adjoining owner of the applicant became aware of the application and spoke to and emailed the Councillor (in addition to planning staff) outlining his concerns. As the application was for category 1 development, the Councillor assumed that it would be determined under delegation by staff, rather than by the DAP.

Employment - Superannuation for Contractors

All of our readers are aware that employees and contractors are not the same. However, the lines seem to blur when it comes to superannuation guarantees. Superannuation is a support system typically in place for Australian employees, but it may also extend to independent contractors under certain circumstances.

It is important for businesses to distinguish between employees and contractors for the purposes of determining employee entitlements, superannuation contributions, payroll tax, PAYG withholding and WorkCover.
Under the common law, a multifaceted legal test has been developed by courts in order to make the distinction.


Regulatory – New Dog and Cat Management Regulations

As we previously reported in July 2016, the Dog and Cat Management (Miscellaneous) Amendment Act 2016 (DCM Amendment Act) passed both Houses of Parliament and has been assented to.

The next step in dog and cat management reform, being the release of the draft Dog and Cat Management Regulations 2016 (the Draft Regulations) has now arrived.

We discuss some of the key changes in this article.



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