Category Archives: local government | administrative law

The Changing Face of the GIPA Act and the Power to Refuse to Deal

The power in s 60 of the Government Information (Public Access) Act 2009 (GIPA Act) to refuse to deal with an access application is a power often under-utilised by public sector agencies. In this blog, we consider whether recent amendments to the … Continue reading

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UPDATE – New Model Code of Conduct and Procedures & Model Code of Meeting Practice Prescribed

On 14 December 2018 the Model Code of Meeting Practice for Local Councils, 2018 Model Code of Conduct and 2018 Procedures for the Administration of the Model Code of Conduct were prescribed. Council’s previous codes are saved until 14 June … Continue reading

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Overview of Proposed 2018 Native Title Reforms

In November 2018, the Commonwealth Attorney-General’s Department and the Minister for Indigenous Affairs released exposure draft legislation which proposed reforms to the native title system under the Native Title Act 1993 (Cth). The two exposure drafts, the Native Title Amendment … Continue reading

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ICAC – new guidelines for direct negotiations

The NSW Independent Commission Against Corruption has published new guidelines for public sector organisations ‘Direct negotiations: guidelines for managing risks‘ (‘2018 Guidelines‘). The 2018 Guidelines replace the guidelines published by the Commission in 2006 (‘2006 Guidelines‘).

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Public Sector Agencies’ – Civil Liability for Child Abuse

On 26 October 2018 the NSW Parliament passed legislation to introduce a statutory duty on both public sector agencies and private organisations to prevent the abuse of children. 

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Thinking of challenging the validity of a development consent? The sooner, the better!

Generally proceedings challenging an administrative decision must be commenced within 3 months of the decision being made.  However, the Court does have the discretion to vary this time frame. Three recent decisions in the Land and Environment Court involving challenges … Continue reading

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Is it a bird or is it a plane? – the use of drones for enforcement activities

In September 2018 the Department of Planning and Environment (‘DPE’) released guidelines for the DPE compliance unit for the operation of remotely piloted aircraft , also known as drones or unmanned aircraft (‘Drones’) in compliance and enforcement functions.

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When timing is everything in commencing class 5 prosecutions…

A recent decision of the Land and Environment Court is compulsory reading for statutory authorities with prosecution powers (or those the subject of a prosecution) as it examines how the period of limitation for commencing proceedings should be construed, as … Continue reading

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Executive liability – who it captures, and what can be done to avoid it

The issue of executive liability is an important topic for directors or persons concerned in the management of corporation who may be liable for the offences of a corporation. This article briefly examines the basis for liability including liability for … Continue reading

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New GIPA Regulation 2018: Open Access Information of Councils Changed

The Government Information (Public Access) Regulation 2018 (GIPA Reg 2018) commenced on 1 September 2018. The GIPA Reg 2018 repealed and replaced the  Government Information (Public Access) Regulation 2009 (GIPA Reg 2009). The main difference between GIPA Reg 2018 and its … Continue reading

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