Australia’s strongest environmental laws have commenced in NSW with significant changes to EPA powers and penalties for environmental offences

The Environment Protection Legislation Amendment (Stronger Regulation and Penalties) Act 2024 (the Amendment Act) has now commenced, which introduces into NSW the strongest environmental laws in Australia.  The overhaul has occurred at the same time as the NSW Environment Protection Authority (EPA) has carried out criminal investigations into the asbestos-contaminated mulch, which emphasised the need […]

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New announcements made ahead of Federal Government’s updated Cyber Security Strategy release

Cyber note – New developments: Australian businesses to report cyber ransom demands under proposed no-fault system New cyber-risk reporting requirements for Australian telcos With its updated Cyber Security Strategy expected to be released next week, the Federal Government has set the scene, by making a number of early announcements. What is telling is that these […]

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Defamation – what is required to establish ‘serious harm’?

The Federal Court of Australia recently handed down a decision in Selkirk v Hocking (No 2)[1] shedding light on the serious harm element of the cause of action for defamation. Background In November 2019, Ms Selkirk was convicted of multiple counts of dishonestly obtaining financial advantage by deception by using falsified receipts to return goods […]

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Fake news? – ACMA to receive new powers to hold digital platforms to account

The Australian Government has set its sights on combatting the growing trend of misinformation and disinformation on digital platforms, including social media channels, with the release of the draft Communications Legislation Amendment (Combatting Misinformation and Disinformation) Bill 2023 (Draft Bill) last Sunday. If implemented as proposed, the Australian Communications and Media Authority (ACMA) would be […]

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Futureproofing Australia’s Payment System: Unveiling the Government’s Strategic Plan

The Australian Government has released its Strategic Plan for Australia’s Payments System (Strategic Plan). The Strategic Plan follows on from the Treasury’s Consultation Paper released in December 2022 and outlines a raft of proposed legislative and policy changes to the current payments system regulatory framework. The foreshadowed changes are significant and far-reaching and are aimed […]

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The Filetron case – an important judgment for all NSW local councils when determining a development application

The Land and Environment Court of NSW in Filetron Pty Ltd v Innovate Partners Pty Ltd atf Banton Family Trust 2 and Goulburn Mulwaree Council [2023] NSWLEC 45 (Filetron case) has delivered an important judgment for all NSW local councils in regard to determining a development application. In Filetron case, which was a Class 4 […]

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Pretending that the Surplus is Real – Gadens’ take on the Federal Budget

Buttressed by the record tax windfall from commodity exports, the second Chalmers Budget shirks the responsibility to pursue substantive tax reform and defaults to a series of measures which, whilst preserving a sense of political “Chalm”, appear lacking in coherent policy direction or strategy. On a night when a tax avoidance scandal cost the Government […]

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National Integrity Spotlight – February 2023

The February edition of the National Integrity Spotlight considers updates to the Corruption Perceptions Index, the Privacy Act Review Report prepared by the Attorney-General’s Department, the ACNC National Fundraising Principles, the recent Senate Estimates, reform of the Administrative Appeals Tribunal and the Perth Mint saga. Corruption Perceptions Index Transparency International Australia (TIA) recently released its […]

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National Integrity Spotlight – January 2023

The inaugural National Integrity Spotlight highlights a number of key developments in the Federal integrity landscape in what is going to be a landmark year in this space. In this edition, we consider how organisations are preparing for the impending commencement of the National Anti-Corruption Commission (NACC) with reference to the Commonwealth Integrity Maturity Framework; […]

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Corruption and Integrity Update – December 2022

This month’s Corruption and Integrity update includes an overview of the final report from the Forensic DNA Commission of Inquiry; highlights the recent decision of the Attorney-General to abolish the Administrative Appeals Tribunal; details the Australian Commission for Law Enforcement Integrity (ACLEI) 2021-22 Vulnerabilities Brief; notes the recent decision of the High Court to grant […]

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Mandatory notifiable data breach scheme introduced for NSW government agencies

In a time of significant changes to the privacy landscape, not least the confirmed passing by the Senate yesterday afternoon of the Privacy Legislation Amendment (Enforcement & Other Measures) Bill, 2022 to increase fines and enhance the OAIC powers (see our recent article here), further well overdue changes were also announced for the public sector. […]

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Good news for consumers? New Digital Platform laws to combat fake reviews, scams and unfair practices proposed

Last Friday the Australian Competition & Consumer Commission (ACCC) released its 5th report of the Digital Platform Services Inquiry. The much anticipated report deals with the competition and consumer issues raised in the Digital Platform Services Inquiry, the Digital Advertising Services Inquiry (2020-2021) and the Digital Platform Inquiry (2017-2019). Digital platforms are online spaces for […]

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