by Ashley Tsacalos, Adrian D’Amico, Jacinta Studdert, Nick Beresford-Wylie, Danielle See, Catherine Kelso, Susanna Taylor, Adam Hunter, Vince Sharma, Katherine Barraclough, Sarah Ralph, Jane Tiller, Lee Corbett Brooke Newell.
Welcome to the June edition of the Public law report for 2011, which provides essential updates for public sector managers and government lawyers on legislative and policy developments, as well as notes on important decisions by courts and tribunals.
We take a look at the latest developments in civil procedure in the federal courts that are designed to encourage parties to resolve disputes before they get to court. We outline the requirements of the Indigenous Opportunities Policy that most Australian Government agencies will have to comply with from 1 July 2011. Our employment law team provides a detailed look at adverse action claims under the Fair Work Act 2009 (Cth), and how they may play out in the public sector.
We also note important recent decisions on: the award of exemplary damages for misuse of public power; the power to award costs in FOI appeals; the nature of maladministration in making taxation assessments; and, relevant and irrelevant considerations in administrative decision making. Finally, two interesting decisions relating to appeals by defence personnel are noted, and we briefly discuss the recent amendment to the NSW Constitution to limit the power to prorogue Parliament.