Probity is the evidence of ethical behaviour, and can be defined as complete and confirmed integrity, uprightness and honesty in a particular process. When dealing with government resources officials need to ensure proper use and management of public resources. Probity aims to identify the risks which can occur at any stage of a process and …
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In the recent case of McAlister v Yara Australia Pty Ltd [2021] FCCA 1409, an employer was ordered by the Federal Circuit Court to pay damages of approximately $143,000 plus statutory entitlements (less any amounts already paid) for wrongful termination representing 9-months pay in lieu of notice to an employee. This may have been avoided …
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It is no secret that COVID-19 has had an extraordinary impact on our day to day lives. As a result of the pandemic, there has also been a number of important changes to the law, including the corporations law. As a temporary measure to provide relief to “financially distressed businesses”, the Federal Government have announced …
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The Federal Government have just released their highly anticipated COVIDSafe App to help monitor the spread of novel Coronavirus (COVID-19). Of key concern to many is the privacy implications of downloading and using the App. There is much discussion regarding how much data the App collects, who can access the data and how that data …
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The European General Data Protection Regulation (GDPR) came into force on 25 May 2018. We have now seen 12 months since the commencement of the GDRP. Though a revolutionary regional instrument, it imposes obligations on businesses across the globe. In its one year of application, the GDPR has drastically changed the data protection and privacy …
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The Foreign Influence Transparency Scheme commenced on 10 December 2018 with the enactment of the Foreign Influence Transparency Scheme Act 2018 (Cth). As stated in its name, the aim of the Scheme is transparency – providing the public and government decision makers with transparency around who and which foreign entities may be seeking to influence …
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New Commonwealth Procurement Rules (CPR) were released by the Department of Finance on 20 April 2019. These new CPRs apply for any new procurement from their commencement date. The CPRs are a set of rules for most Commonwealth procurements. The changes, in essence, are made to accommodate the Government Procurement (Judicial Review) Act 2018 (Cth), international …
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The ACT Planning and Land Authority has lost a case in the ACT Supreme Court where the Applicant, Capital Recycling Solutions, sought an order that a decision to revoke planning approval was void ab initio – or for most of us that aren’t familiar with Latin – had at no time legal validity. This is …
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The Secure Local Jobs Code commenced on 15 January 2019. The Code applies to those in construction, cleaning, security and traffic management services undertaking or seeking to undertake territory-funded work. Any ACT Government contractor must hold a valid Secure Local Jobs Code Certificate: at the time they submit a response to an RFQ, RFP, work …
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In mid-2017 we wrote about the proposed Government Procurement (Judicial Review) Bill 2017. It was finally passed in October 2018 with the key elements of the proposed bill remaining unchanged. Timing The Act is due to come into effect on 20 April 2019 or an earlier date by proclamation. It covers breaches that take place …
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