government gazette no 295 of friday 30 october 2020

NSW Government Gazette No 295 of 30 October 2020

Government Gazetteof the State of

New South WalesNumber 295ndashOther

Friday 30 October 2020

GOVERNMENT GAZETTE ndash 4 September 2020

The New South Wales Government Gazette is the permanent public record of official NSW Government noticesIt also contains local council non-government and other notices

Each notice in the Government Gazette has a unique reference number that appears in parentheses at the end of thenotice and can be used as a reference for that notice (for example (n2019-14))

The Gazette is compiled by the Parliamentary Counselrsquos Office and published on the NSW legislation website(wwwlegislationnswgovau) under the authority of the NSW Government The website contains a permanentarchive of past Gazettes

To submit a notice for gazettal see the Gazette page

By AuthorityGovernment PrinterISSN 2201-7534

CHARITABLE TRUSTS ACT 1993

ORDER UNDER SECTION 12

CY-PRES SCHEME RELATING TO THE ESTATE OF THE LATE ENID EDNA PRIMMER

Section 9(1) of the Charitable Trusts Act 1993 permits the application of property cy pres where the spirit of the original trust can no longer be implemented By clause 9 of her Will dated 25 June 2010 the testatrix Enid Edna Primmer purported to make a bequest to the lsquoBlind Dogs Associationrsquo Pursuant to orders made by the NSW Supreme Court on 7 May 2019 the executor of the estate holds the sum of $30000 for the charitable purpose identified in clause 9 of the Will There being no such entity or organisation known as lsquothe Blind Dogs Associationrsquo it is necessary to consider an alternative organisation which can apply the trust funds cy pres in a manner which most nearly approximates the charitable purpose of the donor Guide Dogs NSWACT Limited previously known as lsquothe Guide Dogs for Blind Persons Association of New South Walesrsquo has been identified as an organisation whose charitable activities closely align with the charitable purpose of the testator This is an appropriate matter in which the Attorney General should approve a cy pres scheme under section 12(1)(a) of the Charitable Trusts Act 1993 I have previously approved a recommendation that the Attorney General establish a cy pres scheme which would permit these charitable funds to be applied in a manner as close as possible to the original purposes of the Trust Pursuant to s 12 of the Charitable Trusts Act 1993 I hereby order that the sum held on trust by the executor of the estate for the charitable purpose identified in clause 9 of the Will of Enid Edna Primmer be applied cy pres to Guide Dogs NSWACT Limited to apply the capital and income for the purpose of funding the Guide Dog Program The order will take effect 21 days after its publication in the Government Gazette in accordance with section 16(2) of the Charitable Trusts Act 1993

Date of Order SIGNED

M G SEXTON SC

Solicitor General (Under delegation from the Attorney General)

26102020

[n2020-4394] NSW Government Gazette 30 October 2020

GEOGRAPHICAL NAMES ACT 1966 PURSUANT to the provisions of Section 10 of the Geographical Names Act 1966 the Geographical Names Board has this day assigned the name listed hereunder as a geographical name Water Dragon Creek for a creek starting at Holmes Street Turramurra and flowing in a south-westerly direction through Twin Creeks Reserve to Lane Cove River in the suburb of South Turramurra The position and extent for this feature is recorded and shown within the Geographical Names Register of New South Wales This information can be accessed through the Boardrsquos website at wwwgnbnswgovau

NARELLE UNDERWOOD Chair

Geographical Names Board 346 Panorama Ave BATHURST NSW 2795


Anti-Discrimination Act 1977

EXEMPTION ORDER

Under the provisions of section 126 of the Anti-Discrimination Act 1977 (NSW) an exemption is given to advertise designate and recruit for the commissioning of an artist to complete a public artwork for Aboriginal and Torres Strait Islander persons only

This exemption will remain in force for 1 year

Dated this 22 day of October 2020

Jackie Lyne Manager Governance and Advice

Delegate of the President Anti-Discrimination NSW


1

STATUTORY AND OTHER OFFICES REMUNERATION TRIBUNAL REPORT AND DETERMINATION PURSUANT TO SECTION 14(2) OF THE ACT

REPORT

Request for determination 1 On 1 October 2020 the Statutory and Other Offices Remuneration Tribunal (the

Tribunal) received a direction from the Special Minister of State Minister for the

Public Service and Employee Relations Aboriginal Affairs and the Arts (the

Minister) the Hon Don Harwin MLC to make a determination in respect of the

remuneration payable to the offices of the

bull President of the Personal Injury Commission

bull Deputy President of the Personal Injury Commission

bull Acting Deputy President of the Personal Injury Commission

bull Full-time non-presidential member of the Personal Injury Commission

2 The Minster advised that the Statutory and Other Officers Remuneration Act

1975 (the SOOR Act) will be amended by the Personal Injury Commission Act

2020 (the PIC Act) either from the date of proclamation or from 1 March 2021

to include these offices in Schedule 2 Part 1 These are new positions and the

Tribunal has not previously made determinations on the remuneration payable

to these offices

3 In requesting the Tribunal to make this determination the Minster provided a

letter from the Minister for Customer Service the Hon Victor Dominello MP

which advised that additional information would be provided direct to the

Tribunal The additional information was provided in a submission from His

Hon Judge GM Phillips who was appointed as President of the PIC (the

President) on 26 August 2020

The Personal Injury Commission 4 The Personal Injury Commission (the PIC) will be established under the PIC

Act on 1 March 2021 The functions of the Workers Compensation Commission

(WCC) the State Insurance Regulatory Authorityrsquos (SIRArsquos ) Dispute

Resolution Services (DRS) Motor Accidents Medical Assessment Service

(MAS) and Motor Accidents Claims Assessment and Resolution Service

(CARS) will transfer to the PIC The WCC DRS MAS and CARS will be

abolished and various office holders and others will immediately transfer to

become members of the PIC on 1 March 2021


2

5 The NSW Government has announced that the reforms deliver a new one-stop

shop to simplify the dispute resolution system for injured road users and

workers who make a compensation claim The PIC will have two specialist

divisions to deal with workers compensation and motor accidents with an

independent judicial head The purpose of the PIC is to simplify the dispute

resolution process and deal with disputes justly quickly and as cost efficiently

as possible

6 The membership of the PIC is outlined in Part 2 Division 22 section 8(1) of

the PIC Act The President and Deputy President are referred to as presidential

members (section 8(2)) Principal members senior members and general

members are referred to as non-presidential members (section 8(3))

bull President bull Deputy President bull principal members bull senior members bull general members

7 The appointment requirements for members of the PIC are outlined in Part 2

Division 22 section 10 of the PIC Act

Must be bull President a judge of a court of record

bull Deputy President a judicial officer or former judicial officer or be an Australian lawyer of 7 yearsrsquo standing and has in the opinion of the Minister special knowledge skill or expertise in relation to any class of matter in respect of which the Commission has jurisdiction

bull principal members an Australian lawyer of at least 7 yearsrsquo standing or have special knowledge skill or expertise in relation to any class of matter in respect of which the Commission has jurisdiction

bull senior members bull general members

an Australian lawyer of at least 5 yearsrsquo standing or have special knowledge skill or expertise in relation to any class of matter in respect of which the Commission has jurisdiction

8 The two Divisions of the PIC are outlined in Part 2 Division 23 section 12 of

the PIC Act - the Workers Compensation Division and the Motor Accidents

Division Under section 14 the Minister may appoint the President or Deputy

President or principal member as the Division Head

NSW Government Gazette 30 October 2020

3

Impact on existing determinations and current office holders 9 These changes impact the following office holders which are currently subject

to existing determinations under the SOOR Act

bull President of the WCC

bull Deputy President of the WCC

bull Acting Deputy President of the WCC

bull Registrar of the WCC

bull Senior Arbitrator or other full-time Arbitrator of the WCC

bull Principal Claims Assessor under the Motor Accident Injuries Act 2017 or

the Motor Accidents Compensation Act 1999 (or both)

10 The changes also impact on claims assessors in the DRS which are currently

not subject to a SOORT determination Claims assessors are paid an hourly

rate that SIRA from time to time determines

11 The remuneration for the existing office of President of the WCC is determined

by the Tribunal in the annual determination for the Judges and Magistrates

Group In accordance with the Tribunalrsquos 2020 Annual Determination for this

group the President of the WCC receives an annual salary of $475920 with an

annual conveyance allowance of $23745

12 The remuneration for the existing office of Deputy President of the WCC and

Acting Deputy President of the WCC is determined by the Tribunal in the

annual determination for the Court and Related Officers Group In accordance

with the Tribunalrsquos 2020 Annual Determination for this group the Deputy

President of the WCC receives an annual salary of $332150 with an annual

conveyance allowance of $17090 and the Acting Deputy President receives

$1380 per hour

13 The remuneration for the existing offices of Registrar of the WCC Senior

Arbitrator or other full-time Arbitrator of the WCC Principal Claims Assessor

under the Motor Accidents Compensation Act 1999 and Principal Claims

Assessor under the Motor Accident Injuries Act 2017 are determined by the

Tribunal in the annual determination for the Public Office Holders Group In

accordance with the Tribunalrsquos 2020 Annual Determination for this group these

office holders receive the following annual salaries Registrar ($283990)

Principal Claims Assessor ($322115) Senior Arbitrator ($263590 - legally


4

qualified and $242760 - not legally qualified) Full-time Arbitrator ($232730 -

legally qualified and $209225 - not legally qualified)

Transfer and appointment of current office holders 14 Schedule 1 of the PIC Act outlines the transitional arrangements for the transfer

and appointment of current office holder in the WCC DRS MAS and CARS to

the PIC The President Deputy President and Acting Deputy President in the

WCC will be appointed as the President Deputy President and Acting Deputy

President of the PIC The Registrar WCC will be appointed as a principal

member and also as Division Head of the Workers Compensation Division The

Principal Claims Assessor DRS will be appointed as a principal member and

also as Division Head of the Motor Accidents Division The Senior Arbitrators

WCC will be appointed as principal members The Full-time Arbitrator WCC

and Claims Assessor DRS will be appointed as senior members

Determinations applicable to new offices 15 The Tribunal notes that the appointment criteria for a principal member senior

member and general member provides for the appointment of a person with

legal qualifications or with special knowledge skills and experience A principal

member may also be appointed as a Division Head The Tribunal has authority

under section 16(6) of the SOOR Act to apply different remuneration to the

same office if it is in Schedule 2 or 3 The new offices will be Schedule 2 and

the Tribunal will determine different remuneration to reflect the appointment

criteria for these office holders and additional responsibilities undertaken by a

principal member appointed as a Division Head

16 The Tribunal consulted with the President about the proposed determination

groups for the new offices in the PIC The remuneration for the President will be

determined in the annual determination for the Judges and Magistrates Group

The remuneration for the Deputy President Acting Deputy President and non-

presidential members will be determined in the annual determination for the

Public Office Holders Group The remuneration for the existing office of Deputy

President of the WCC is determined in the annual determination for the Court

and Related Officers Group whereby an annual conveyance allowance is

payable The conveyance allowance is not payable to offices in the Public

Officer Holders Group and the conveyance allowance is rolled into the salary

for the Deputy President of the PIC The Acting Deputy President is a pro-rata

about of the Deputy Presidentrsquos salary and is adjusted accordingly


5

17 In determining the remuneration for the new offices the Tribunal has had regard

to the Presidentrsquos submission transitional arrangements remuneration

determined for existing offices and internal relativities within the PIC

18 The Minister has requested that the determination take effect from the date of

proclamation or the establishment date as provided for under the PIC Act

DETERMINATION Pursuant to section 14(2) of the Statutory and Other Offices Remuneration Act 1975

the Tribunal determines that the annual salary for members of the Personal Injury

Commission shall be as follows with effect from the date of proclamation or the

establishment date as provided for under the Personal Injury Commission Act 2020

Office Salary per annum Conveyance allowance

President of the Personal Injury Commission $475920 $23745

Office Salary per annum

Deputy President of the Personal Injury Commission $349240 Acting Deputy President of the Personal Injury Commission $1450 per day Full-time non-presidential member of the Personal Injury Commission

Principal Member (Division Head of the Workers Compensation Division) $322115 Principal Member (Division Head of the Motor Accidents Division) $322115 Principal Member (legally qualified) $290000 Principal Member (not legally qualified) $267000 Senior Member (legally qualified) $263590 Senior Member (not legally qualified) $242760 General Member (legally qualified) $241000 General Member (not legally qualified) $209225

Statutory and Other Offices Remuneration Tribunal Signed Richard Grellman 23 October 2020


ASSOCIATIONS INCORPORATION ACT 2009

Cancellation of incorporation pursuant to section 74 TAKE NOTICE that the incorporation of the following associations is cancelled by this notice pursuant to section 74 of the Associations Incorporation Act 2009

AUSTRALIA SOONG CHING LING FUND INCORPORATED INC9894766

PROBUS CLUB OF TAREE ON MANNING INCORPORATED Y2763114

NATIONAL WOMENS SELF DEFENCE STRATEGY INCORPORATED INC1901172

BEYOND EGYPT INCORPORATED INC1900603

COMMONWEALTH CLYDESDALE HORSE SOCIETY (NSW BRANCH) INCORPORATED Y2605627

I AM A BOAT PERSON INCORPORATED INC1300964

Cancellation is effective as at the date of gazettal Dated this 29th Day of October 2020 Diane Duggan Delegate of the Commissioner for Fair Trading Department of Customer Service


CHARITABLE TRUSTS ACT 1993

ORDER UNDER SECTION 12

CY-PRES SCHEME RELATING TO THE ESTATE OF THE LATE ENID EDNA PRIMMER

Section 9(1) of the Charitable Trusts Act 1993 permits the application of property cy pres where the spirit of the original trust can no longer be implemented By clause 9 of her Will dated 25 June 2010 the testatrix Enid Edna Primmer purported to make a bequest to the lsquoBlind Dogs Associationrsquo Pursuant to orders made by the NSW Supreme Court on 7 May 2019 the executor of the estate holds the sum of $30000 for the charitable purpose identified in clause 9 of the Will There being no such entity or organisation known as lsquothe Blind Dogs Associationrsquo it is necessary to consider an alternative organisation which can apply the trust funds cy pres in a manner which most nearly approximates the charitable purpose of the donor Guide Dogs NSWACT Limited previously known as lsquothe Guide Dogs for Blind Persons Association of New South Walesrsquo has been identified as an organisation whose charitable activities closely align with the charitable purpose of the testator This is an appropriate matter in which the Attorney General should approve a cy pres scheme under section 12(1)(a) of the Charitable Trusts Act 1993 I have previously approved a recommendation that the Attorney General establish a cy pres scheme which would permit these charitable funds to be applied in a manner as close as possible to the original purposes of the Trust Pursuant to s 12 of the Charitable Trusts Act 1993 I hereby order that the sum held on trust by the executor of the estate for the charitable purpose identified in clause 9 of the Will of Enid Edna Primmer be applied cy pres to Guide Dogs NSWACT Limited to apply the capital and income for the purpose of funding the Guide Dog Program The order will take effect 21 days after its publication in the Government Gazette in accordance with section 16(2) of the Charitable Trusts Act 1993

Date of Order SIGNED

M G SEXTON SC

Solicitor General (Under delegation from the Attorney General)

26102020







EXEMPTION ORDER







1


REPORT















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$1380 per hour










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EXEMPTION ORDER







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$1380 per hour










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$1380 per hour










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$1380 per hour










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5



























3
























$1380 per hour










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government gazette no 295 of friday 30 october 2020

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