This is not a new concept, with protections for “good quality agricultural land” being in place in Queensland since 1992. The SCL SPP focuses particularly on land to be used for plant and fibre crops, as opposed to grazing lands.

While what will be considered SCL is yet to be determined, the Government has indicated that in addition to the SCL SPP, new legislation will be introduced which describes how SCL is to be identified. That legislation will then provide for trigger mapping and identification criteria. It is anticipated that the trigger mapping will then delineate all land likely to be SCL, with further criteria to be used in on-ground assessments.

It is important to note that the SCL SPP will only apply to development proposed under the Sustainable Planning Act 2009. Interestingly, it will have no impact on mining and resources developments; the Government indicating that further amendments to the relevant mining and resources legislation will be made to adequately protect SCL from those industries.

In effect, the SCL SPP will restrict development on SCL which would have temporary or permanent impacts on the use of that land for cropping purposes. Generally, development will only be approved where it will have: no impacts; can mitigate impacts; there are exceptional circumstances requiring development be located on SCL; or there is an overriding public need.

Where the SCL SPP applies, all development applications will be referred to the Department of Environment and Resource Management (DERM) for assessment. DERM will then have power (as a concurrence agency) to approve, condition or refuse the development.

In addition to the obvious impacts the SCL SPP will have on proposed development, both in restricting development and the further assessments required, DERM are also proposing significant fees for assessment of development on SCL. DERM propose the fee to simply assess development on SCL to be $27,254. Where development is proposed on the basis that there are “exceptional circumstances” justifying its approval, assessment fees will increase to $46,253.

Public consultation on the SCL SPP is open until 30 September 2011.

If you are concerned about the possible implications of the SCL SPP for your property, we invite you to contact Dan Morton or Travis Schmitt of this office.

From 1 July 2009, the Right to Information Act 2009 (“the RTI Act”) replaced the Freedom of Information Act 1992 and is part of a broader “push” model of greater proactive and routine release of information. The RTI Act provides a right of access to Government Agency information unless, on balance, it is contrary to the public interest to release the information.

Seeking Information

There are two aspects to the Right to Information which are worthy of consideration. The first aspect is that the Government Agency may hold information which you seek. For example, if you have a complaint you might make a request for information to determine the steps that have been taken to resolve a dispute. You may also want to ascertain the factual basis for a decision.

Section 21 of the RTI Act requires that an agency, other than an excluded entity, must publish a scheme setting out the classes of information and the terms on which it will make information available.  These schemes require each Government Agency to routinely make information available. The effect is much cheaper and simpler access to information about policies and decision making procedures.

Access to individual documents, however, requires an application under the RTI Act. It helps if you provide as much information as possible about the document you are seeking, for example, the title, subject matter, agency reference number, type of document or the date it was produced. Poorly detailed requests are likely to result in the Government Agency being unable to decide whether documents are relevant. In some cases requests will be rejected because the request is too broad.

Documents can be delivered by email or on CD. The documents will be accompanied by details of any documents for which access has been refused and reasons for the refusal. The refusal can be challenged by an application to the Office of the Information Commissioner (“the OIC”). The OIC can then require the Government Agency to produce all documents even including those which the agency might argue are privileged from disclosure. The OIC will then review the documents and order that you be given access to documents as appropriate under the RTI Act.

Limiting Access

The second aspect to the Right to Information is the possible effect that providing access to information might have. For example, if you have written a letter of complaint you may have included confidential information. The Government Agency may also hold incorrect information that may cause you harm if it is disclosed.

The RTI Act includes a number of categories of documents which are excluded from being accessed. As might be expected these include Cabinet documents and the like, but also excluded are documents which might found an action if disclosure would constitute breach of confidence. This may be the case where you have included confidential information in a letter of complaint. Among other categories excluded are documents which are reasonably likely to result in a person being subjected to a serious act of harassment or intimidation or prejudice a person’s fair trial or the impartial adjudication of a case.

The Government Agency is required to seek your views on whether a document is excluded before providing access.

Conclusion

The two aspects of the RTI Act are equally important. On the one hand it provides simpler and cheaper access to information. On the other hand there is a real risk that the Government Agency might provide inappropriate access to information held about you. This highlights the need for considered advice when communicating with Government Agencies including local government.

wilson/ryan/grose Lawyers can provide advice about communicating with Government Agencies, assist with requests under the RTI Act and assist in limiting access to information about you.

Please contact Ross Sheehy on 4760 0170 for further information.

“Personal Property” under the PPS Act is any kind of property other than land, fixtures, water rights and a few limited statutory licences such as minerals and petroleum licences.

Examples of some transactions involving personal property which are not currently considered to be “security” transactions but which under the PPS Act are deemed to be subject to that legislation include:

(a)   The interest of a party supplying goods under a retention of title (i.e. Romalpa) clause;

(b)   The interest of a consignor who delivers goods to a consignee under a commercial consignment;

(c)    The interest of a Lessor or bailor of goods under a defined “PPS Lease”;

(d)   A payment retention clause under a construction contact;

(e)   An agent’s right under an agency agreement to retain the principal’s property until the agent has been paid their fees and expenses; and

(a)   A security deposit under a supply Agreement.

If you have a transaction which is subject to the PPS Act, it will be important that you comply with the requirements of that legislation – or appreciate what the consequences are if you fail to so comply.

The PPS Act establishes a new regime whereby it will be essential that a secured party has “perfected” their security interest in order for that interest to prevail against other parties who may claim an interest in the goods/personal property.

“Perfection” will most commonly be effected by registration of the security interest upon the Register which will be established under the PPS Act.  That Register will be maintained by ITSA.

There are prescribed time limits within which interests must be registered which will need to be carefully observed.

The PPS Act was to have commenced on 30 October 2011 however the commencement date has been deferred to a later date yet to be announced.  It is anticipated that the new legislation and regime will commence prior to 1 February 2012.

We strongly recommend that you contact us immediately to discuss how the PPS Act will effect you in your business dealings and other transactions. Please feel free to contact either Peter Duffy or Chris Bowden of our office.

Now for most of us, appointing a life long spouse does not pose much difficulty in all this.  But what about when you are appointing one of a number of children or there are step-children or friends?  It starts to cloud up, and not because the usefulness of the Power of Attorney changes.  It is because the risk of misuse increases, and that is not so obvious.

As a result of a NSW decision in 2010 (don’t they get up to mischief south of the border?), in some circumstances you can now expect a 30 minute interrogation for what in other cases might be a 5 minute pit-stop, to see if you, or your relation/friend really understands everything.

Questions for memory:

Age, date of birth, names of relatives, address, length of stay (especially if in a nursing home/retirement village).

Questions for understanding:

Effect and significance of the document.  The extent of ALL assets, company directorships, discretionary trusts, (with luck, these should be picked up if a Will was being discussed at the same time), including how control operates for the discretionary trusts.  Some of us have trouble with that, even before we end up in “a home”).

Now you’d reckon that would be enough.  But wait, there’s more:

Questions for testing:

10-15 minutes later the lawyer should test your or your relation/friend’s recollection of what was said.  So we do (some of it) all over again.

It can be those little areas of company directorships and discretionary trusts that you weren’t really thinking about which can cause big trouble when your attorneys start looking after themselves, rather than the way you really would do it yourself.

When one of your rellies gets upset with the way things are going, it’s not just you who had to know what you are doing.  The judge will have to know that you knew.  And proving that has a Rolls Royce pathway, tiresome though it be.  Something less may still get you home, but that is not assured; and the ride for the attorney(s) and the lawyer will be a lot less comfortable.  So bear with us, we are really looking out for your interests when sometimes we ask so many questions.

P.S.

1. Don’t be offended if we ask to see you by yourself, while your proposed attorney waits outside.  That is part of the process.
2. Most times, concerns are minimal.  Our service team, Renee Bennett, Paul Martinez and Tahnie Malagueno will be alert to whether you need standard or extra Rolls-Royce.
3. The case is Szozda [2010] NSWSC 804.

Direct financial contributions are those financial contributions made through contributing income from employment to the relationship or by contributing funds received through an inheritance, compensation payment, etc.  Direct financial contributions can also be made in the initial stages of a relationship if one or both parties bring assets of significant value into the relationship.

Indirect financial and non-financial contributions take into account the following:

• Where one party has covered all household expenses, such as groceries, electricity etc, to allow the other party to use their income to pay the home loan over the matrimonial home.  The person paying the household expenses would be considered to have made indirect financial contributions.
• Where one party has allowed the other party to spend the majority of their time pursuing a career by undertaking the role as homemaker and primary carer of any children.
• Where one or both parties have of special skill that they can utilise to save the parties money.  This is usually taken into consideration where one or both parties are able to complete tasks for which they would ordinarily have to pay someone else to undertake.  For example, one party may have particular skills as a carpenter and complete works to a real property of the parties which has increased the value of this property.  Another example might be where one party has skills in bookkeeping or accounting and can complete tax returns or handle other financial matters for both parties.
• Where one or both parties do not have any particular skills but have contributed indirectly to the acquisition, contribution or improvement of the parties’ assets.  This may include that one or both parties repainted a house, completed landscaping works or improved a property in some other way through their own labour.

These types of contributions are not given a specific dollar value, but are taken into account in deciding whether there should be a percentage adjustment to either party in dividing the matrimonial or de facto property pool.  For example, it may be determined that one party made a significant financial contribution because that person earned a high income for the period of the relationship and should receive a percentage adjustment in their favour.  However, this adjustment may be balanced out by the other party receiving a percentage adjustment in their favour for undertaking the role of homemaker and allowing that person to pursue a career which lead to them earning a high income.

If you wish to seek advice regarding the above or any other family law matter, please contact our office on 4760 0100.

Ask anyone who has been injured at work and they’ll likely tell you it’s not much fun.  Sometimes the accident is no ones fault.  In those cases, the injured worker is entitled to compensation under the business workers’ compensation insurance policy.  That’s fine, but what happens when the injured worker fails to lodge their claims within the required time frames?

Often is the case that hardworking staff will downplay the effect an injury has had on them.  They just want to get on with things.  They take a positive approach and they imagine their injury or illness will resolve itself sooner rather than later.  They may not take any time off work, or if they do, they go back to work before they have fully healed.  Sometimes the injured worker will feel pressure from their employer that any absence from work will unfairly impact on the business.

In the recent case of Thompson v WorkCover Queensland, Mr Thompson was, as part of his work, exposed to raw meat products and subsequently contracted Q-fever.  He had assumed, though, that his medical condition with its flu-like symptoms would be resolved in due course, not realising that his condition was permanent and that further symptoms may take years to manifest.

As a result of Mr Thompson’s incorrect assumptions as to the state of his health, he subsequently missed the three year limitation period within which injured workers are required to commence a claim for damages.  WorkCover Queensland considered that Mr Thompson was out of time and thus barred from any entitlement to damages.  The Supreme Court was asked to determine the issue.

For reasons which were peculiar to the facts of the case, the court allowed an extension of the three year period to allow Mr Thompson’s claim to proceed.  However, it could have easily have gone the other way for him.  The case of Mr Thomson should serve to remind us that an injured worker’s injuries should not be taken lightly, and more importantly, the strict time limits should be always borne in mind.

Luke Shanahan
Injury Lawyer