Keg,
I just saw your thread starter.
No penalties are imposed for an operation contrary to curfew if it is an emergency. The
Sydney Airport Curfew Act (most of which is repeated in AIP DAP NAP Sydney pages) defines inability to divert to a suitable alternate as one such emergency for curfew purposes. I don't know how SIA stand in relation to this event. It depends on what they "knowingly did" (more about that in the Act) and the discussion your post generated covers the subject pretty well.
Also, you asked
Just after a confirmation and a couple of questions. Does an aircraft that lands with such a tailwind get reported by ATC or is ATC not into that sort of stuff?
No, most definitely not. Along with many other things, operation in crosswind and downwind is 100% a pilot responsibility. We tell you the info, you decide what to do. We don't report or log anything in this regard, other than standard recording of R/T. No special "notes" or log entries.
Also, who reports the curfew breach. Does ATC do that? Just interested in the mechanics of it.
ATC does not. We have a standing order to log in our journal any operation contrary to curfew so that there's a ready record of basic details (callsign, runway, landing or take-off time) in case someone asks for details at a later date, but we do not police the curfew or originate reports.
If a flight is about to breach the curfew we advise the pilot "Curfew in operation, penalties may apply. Advise intentions." If the pilot wants to continue, we provide the necessary clearances and log the event, as above.
If a pilot says he has a curfew dispensation we accept that and do not seek verification.
Airservices is directed by the government to monitor noise. Airservice's Noise Unit has monitoring systems in place. That unit reports curfew breaches, not ATC.
Jet A Knight asked
I never understand why when ready to depart, an arriving aircraft in the terminal area necessitates a 10 minute delay at the holding point until the arriving aircraft has landed - even if the arrival is from the North/East and the departure is to the South/West.
Because curfew procedures (cast in law, there is no discretion available for ATC) say that you can't be turned southwest out of the arrival's way until you have cleared the curfew flight corridor to the south, which puts you fair and square in conflict with the arrival. (AIP DAP NAP Sydney pages 5, 6 and 9 refer - no links, sorry, the doc is not on line.)
AA
(Edited a few times for grama, spelin etc)