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Legal Briefing

Our Legal briefing newsletters provide concise information on significant legal developments. Each issue usually covers a single topic, written by lawyers with specialist expertise.

The newsletters provide valuable information and advice to Australian Government clients, state courts and tribunals, state government departments and libraries.

In addition to being available on this website, Legal briefing newsletters can be sent directly to Australian Government officers. To arrange supply, contact ags@ags.gov.au.

Prior to Issue 33, the newsletter was titled Legal Practice Briefing.

Index by title

Descriptive index (click on the issue number for the HTML version)

No. 89

Examines the Federal Court decision in University of Western Australia v Gray (No 20), which has significant implications for ownership and management of rights to inventions by employers in Australia. (15 September 2008) See Client Login

No. 88

Examines the role of alternative dispute resolution in the Commonwealth context and focuses on the factors peculiar to the Commonwealth where it is a party to an alternative dispute resolution process. (18 August 2008) See Client Login

No. 87

Discusses the principles governing legal professional privilege and how to claim and retain the privilege. (15 July 2008) PDF 270Kb

No. 86

Discusses how risk can be allocated and managed through the use of transactional documents such as contracts and leases, and in particular by a type of contractual clause known as an indemnity. (updated 28 July 2008) PDF 274Kb

No. 85

Discusses administrative arrangements following the prorogation of Parliament and the dissolution of the House of Representatives, the effect of those events on particular parliamentary business, and the employment issues involved in machinery of government changes. (10 November 2007) PDF 201Kb

No. 84

Discusses the recent High Court decision in ACCC v Baxter Healthcare and its implications for procurement by government entities. (24 September 2007) PDF 215Kb

No. 83

Discusses legal issues for grants and funding programs, and covers different approaches to grant programs, the establishment and management of fund relationships and issues that can arise when ending the funding relationship. (14 June 2007) PDF 273Kb

No. 82

Provides an outline of the core provisions of the Environment Protection and Biodiversity Conservation Act 1999 that regulate environmentally significant activities of the Commonwealth. (4 June 2007) PDF 231Kb

No. 81

Discusses the implications of the first successful civil penalty proceedings under the Spam Act 2003, followed by an overview of the national Do Not Call Register scheme. (14 May 2007) PDF 714Kb

No. 80

Summarises the key aspects of the regime for dealing with misconduct in the APS. AGS Special Counsel Litigation, Paul Vermeesch, gives a succinct overview of the legislative framework and the procedural issues controlling how misconduct is to be managed. (24 October 2006) PDF 338Kb

No. 79

Discusses how risk in commercial transactions can be allocated and managed through the use of transactional documents such as contracts and leases, and in particular by a particular type of contractual clause: the indemnity. The briefing also discusses how indemnities are regulated by the FMA framework, before considering the associated issues of limitations on liability and insurance. (26 July 2006) PDF 337Kb

No. 78

Is designed to provide AGS clients with an overview of the natural justice obligations that attach to the making of decisions. It focuses upon the requirements of the ‘hearing rule’, that is, the obligation to provide an opportunity to be heard before making a decision. (14 July 2006) PDF 217Kb

No. 77

Examines some key aspects of the Workplace Relations Amendment (Work Choices) Act 2005 and the amendments it has made to the Workplace Relations Act 1996. (31 May 2006) PDF 273Kb

No. 76

Focuses on key issues relating to becoming or creating an FMA agency, and the changes that flow from being an FMA agency rather than a CAC authority. (5 December 2005) For current employment law aspects see Legal Briefing No. 77 PDF 185Kb

No.75

Summarises the principles and examines aspects of implied undertakings in litigation, including duration, jurisdiction and power to grant release, whether use or disclosure of information to enforce criminal law is prohibited, interaction with other curial processes, and principles relevant to release from the undertaking. (14 September 2005) PDF 112Kb

No. 74

Aims to assist clients in the administration of their delegations and authorisations by outlining the nature of powers of delegation and authorisation and the legal principles relevant to them. (14 December 2004) PDF 606Kb Supersedes Legal briefing No. 24.

No. 73

Discusses NT Power Generation Pty Ltd v Power and Water Authority in which the High Court has allowed an appeal that will assist government departments, agencies and authorities to decide whether their activities could involve carrying on a business and are subject to the provisions of the Trade Practices Act 1974. (3 November 2004) PDF 108Kb

No. 72

Administrative rearrangements concerning ministers, departments and other Commonwealth bodies, and APS employees and other Commonwealth officials, often follow a general election. This issue assists those affected by these rearrangements to better understand the constitutional and statutory framework that governs action taken to ensure the successful implementation of the proposed changes. The briefing also outlines the impact that the prorogation of the Parliament and the dissolution of the House of Representatives has had on particular parliamentary business. The matters discussed in this briefing often involve government practice, as well as law. (29 October 2004) PDF 112Kb Supersedes Legal briefing Nos 43 & 61.

No. 71

This issue is designed to remind Australian Government agencies about the key issues concerning contractors and superannuation and to provide a broad outline of the circumstances in which superannuation obligations may arise. (13 September 2004) PDF 86Kb

No. 70

Discusses why there is a strategic need for departments and agencies to re-focus on their GST management when contracting with third parties and self-assessing for BAS purposes. The reasons are illustrated where possible by recent Australian cases. (31 March 2004) PDF 113Kb

No. 69

Provides a concise overview of the Legislative Instruments Act 2003 including an outline of the measures in provisions of the Act dealing with the making, registration, scrutiny and sunsetting of legislative instruments. (18 December 2003) PDF 763Kb

No. 68

Examines the development of Australian common law in relation to compensation for psychological or psychiatric injury, including the distinction drawn between psychiatric injury and physical injury. (4 December 2003) PDF 651Kb

No. 67

Discusses the question of whether administrative decision-makers can vary or revoke a decision they have made. Also raises some of the most basic issues in public law. (15 August 2003) PDF 769 Kb

No. 66

Discusses the Commonwealth policy and legislative framework in respect of procurement risk, the process of identifying and managing risk, and risk management and insurance. (12 May 2003) This issue has been superseded by Legal briefing No. 79 'Indemnities in Commonwealth contracting'

No. 65

Summarises the principles of legal professional privilege, particularly as they apply to government (2 October 2002) PDF 615Kb

No. 64

Explains how to identify and protect confidential government information (4 July 2002) PDF 755Kb

No. 63

Discusses how amendments to the Privacy Act 1988 affect agency obligations in relation to outsourcing (30 April 2002) PDF 643Kb

No. 62

Covers the legal parameters that govern legal issues in managing under-performing staff (28 February 2002) PDF 253Kb

No. 61

Discusses legal issues that arise after a general election—superseded by Legal briefing No. 72 (14 November 2001) PDF 278 Kb

No. 60

Reviews the role and operation of Comcover, the Australian Government’s self-managed fund for insurable risks; focuses on coverage for legal liabilities (31 July 2001)

No. 59

Examines issues in applying the Electronic Transactions Act 1999 to Commonwealth bodies (18 June 2001)

No. 58

Looks at legal issues in managing staff use of email and the Internet at work; includes an implementation checklist (27 February 2001)

No. 57

Explains the legislative changes to powers and processes for dealing with complaints under the Commonwealth’s anti-discrimination laws (27 October 2000)

No. 56

Describes contempt of court and how government employees may be exposed to liability in proceedings (25 June 2000)

No. 55

Covers amendments to the Corporations Law and the Commonwealth Authorities and Companies Act 1997 and the implications for Australian Government clients (10 March 2000)

No. 54

Provides an overview of the Public Service Act 1999 (8 March 2000)

No. 53

Explains the Australian Government’s flexibility in setting fees for services; includes an overview of the High Court decision in Airservices Australia v Canadian Airlines International Ltd (14 December 1999)

No. 52

Discusses the application of public sector employment conditions to government contractors; includes an overview of the Federal Court of Australia’s decision in North Western Health Care Network v Health Services Union of Australia (3 December 1999)

No. 51

Outlines the measures required to ensure fair and proper tendering processes, and the need for a probity plan (25 October 1999) Superseded by Commercial Notes No. 15

No. 50

Summarises the goods and services tax and its implications for Australian Government agencies (25 September 1999)

No. 49

Provides an overview of the Environment Protection and Biodiversity Conservation Act 1999 (17 September 1999)

No. 48

Explains the final stage of untying legal services for Australian Government clients (15 July 1999)

No. 47

Analyses four 1999 High Court decisions on applying state and territory laws to the Australian Government and its authorities (see also Legal Briefing No. 36) (29 June 1999)

No. 46

Outlines the Australian Government assistance available to present and former ministers who are involved in litigation and inquiries (31 May 1999)

No. 45

Discusses legal developments relating to a government body’s liability for failing to perform a statutory function (14 May 1999)

No. 44

Reviews Foster v Attorney-General which casts doubt on whether a Minister can rely on section 19 of the Acts Interpretation Act 1901 to authorise another Minister or a Parliamentary Secretary to exercise statutory powers for or on his or her behalf (15 March 1999)

No. 43

Reports some of the legal issues that arise after a general election—superseded by Legal briefing No. 72 (23 September 1998)

No. 42

Looks at judicial review of administrative decisions, and identifies some useful principles for decision-makers in refugee law and other areas (27 August 1998)

No. 41

Provides an overview of the Year 2000 problem and its implications for Australian Government agencies (27 April 1998)

No. 40

Discusses the use of qualified privilege to defend Australian Government officers against liability in defamation for public statements made in the course of their duties; includes an overview of Lange v Australian Broadcasting Corporation (see also Legal Practice Briefing Nos 15 and 28) (4 December 1997)

No. 39

Outlines how the Trade Practices Act 1974 applies to the duties of directors of Australian Government agencies (17 November 1997)

No. 38

Looks at corporate governance and the duties of directors (also see Legal Practice Briefing Nos 4 and 7) (9 October 1997)

No. 37

Provides an overview of three cases involving Australian Government employee claims for negligence; these cases related to the Safety, Rehabilitation and Compensation Act 1988 (also see Legal Practice Briefing No. 10) (16 September 1997)

No. 36

Discusses whether the Australian Government has implied immunity from state laws; includes an overview of the High Court’s decision in Re The Residential Tenancies Tribunal of New South Wales and Henderson: Ex parte Defence Housing Authority (see also Legal Briefing No. 47) (30 August 1997)

No. 35

Advises on the need to continue reviewing, developing and improving the management of, and legal documentation for, competitive tendering and contracting (20 August 1997) See also Commercial Notes No. 15 and Commercial Notes No. 5

No. 34

Reviews anti-discrimination laws as they relate to Federal public servants (5 August 1997)

No. 33

Describes major changes in tendering law; includes an overview of the Federal Court of Australia’s decision by Justice Finn in Hughes Aircraft Systems International v Airservices Australia (2 July 1997) See also Commercial Notes No. 15 and Commercial Notes No. 5

No. 32

Discusses major implications for the development of common law on native title, the operation of the Native Title Act 1993 and land management generally; includes a summary of the High Court’s 1996 decision in The Wik Peoples v The State of Queensland and Ors (also see Legal Practice Briefing Nos 5, 11 and 20) (20 May 1997)

No. 31

Gives an overview of the major provisions in, and implications of, two 1996 international copyright treaties relating to digital communication; also discusses defeated proposals (10 March 1997)

No. 30

Outlines an Australian Government employer’s ability and obligations to give directions to employees concerning their private activities and conduct (30 January 1997)

No. 29

Tells about parliamentary committees and advises Australian Government employees on aspects relating to an appearance before such a committee (21 December 1996)

No. 28

Covers the elements needed to establish liability for defamation, the available defences and the factors of special relevance to Commonwealth officers (see also Legal Practice Briefing No. 15 and Legal Briefing No. 40) (25 September 1996)

No. 27

Gives an overview of outsourcing Australian Government information technology services (28 August 1996)

No. 26

Focuses on the European Union’s efforts to achieve benefits from the ‘Information Superhighway’ or ‘Global Information Infrastructure’; includes consideration of the likely social and cultural changes (also see Legal Practice Briefing Nos 12 and 17) (29 July 1996)

No. 25

Explains significant changes to the Sex Discrimination Act 1995 (1 May 1996)

No. 24

Examines the powers of delegation and authorisation, sets out legal principles relevant to them, and looks at the effect of an election and change of government on them (24 April 1996)—superseded by Legal briefing No. 74

No. 23

Covers the streamlining of Administrative Appeals Tribunal procedures; includes abolishing the Security Appeals Tribunal and transferring its responsibilities to the AAT (15 January 1996)

No. 22

Explains amendments to administrative procedures approved by the Environment Protection (Impact of Proposals) Act 1974; links to Legal Practice Briefing No. 16 and supersedes many of the issues discussed in it (10 November 1995)

No. 21

Outlines some aspects relating to the disciplining of public servants (24 October 1995)

No. 20

Discusses aspects of the High Court’s unanimous decision in Western Australia v Commonwealth, know as the Native Title Act case (also see Legal Practice Briefing Nos 5, 11 and 32) (29 August 1995)

No. 19

Covers the High Court’s unanimous decision to overrule the Beaudesert principle through its judgment in Northern Territory of Australia and Others v Arthur John Mengel and Others (26 April 1995)

No. 18

Illustrates how treaties can affect domestic law; includes an overview of Minister of State for Immigration and Ethnic Affairs v Teoh (24 April 1995)

No. 17

Explains how European Union institutions work and how European Union law is made and administered (also see Legal Practice Briefing Nos 12 and 26) (7 April 1995)

No. 16

Discusses how the Environment Protection (Impact of Proposals) Act 1974 should be applied in Australian Government decision-making; some advice in this newsletter has been superseded (see Legal Practice Briefing No. 22) (23 February 1995)

No. 15

Explains two High Court decisions that confirm the constitutions of the Australian Government and Western Australia imply a freedom to publish certain political material (also see Legal Practice Briefing No. 28 and Legal Briefing No. 40) (8 November 1994)

No. 14

Explains the remedies available under civil law when an unauthorised disclosure of confidential government information has occurred or is proposed (27 October 1994)

No. 13

Examines developments in interpreting section 51 (xxxi) of the Constitution, which relates to the acquisition of property; includes overviews of five cases decided in 1994 (28 July 1994)

No. 12

Provides an overview of key regulatory developments in the European Union (also see Legal Practice Briefing Nos 17 and 26) (17 June 1994)

No. 11

Explains the Native Title Act 1993 and how Australian Government officers who take action in relation to land and water can comply with it (also see Legal Practice Briefing Nos 5, 20 and 32) (29 April 1994)

No. 10

Describes the High Court’s decision that employees injured prior to 1 December 1988 and who are not entitled to compensation under the Safety, Rehabilitation and Compensation Act 1988 are able to sue the Australian Government or another employee for damages; includes an overview of Georgiadis v Australian and Overseas Telecommunications Corporation (also see Legal Briefing No. 37) (16 March 1994)

No. 9

Discusses how general law operates in relation to the recovery of overpayments made by the Commonwealth (7 February 1994)

No. 8

Provides an overview of some of the issues that arise in privatising government business enterprises (15 December 1993)

No. 7

Explains changes to the Corporations Law that affect directors’ duty of care and diligence, related party transactions and sanctions for contraventions of certain key directors’ duties (also see Legal Practice Briefing No. 4 and Legal Briefing No. 38) (20 October 1993)

No. 6

Discusses legal developments and principles relating to circumstances in which a government can incur liability for giving negligent advice (20 September 1993)

No. 5

Summarises the High Court’s decision on native title in Mabo v Queensland (also see Legal Practice Briefing Nos 11, 20 and 32) (30 July 1993)

No. 4

Outlines how to manage situations in which the Australian Government has an interest in a company that is, or is likely to become, insolvent (also see Legal Practice Briefing No. 7 and Legal Briefing No. 38) (23 July 1993)

No. 3

Explains the Government Information Technology Conditions, which cover standard contract conditions for use in procuring information technology (28 May 1993)

No. 2

Discusses progress toward creating omnibus criminal offence provisions to reduce and standardise the wide range of provisions existing in current Australian Government legislation (23 April 1993)

No. 1

Summaries the High Court’s decisions that constitutionally confirm the freedom of communication in relation to political matters; includes overviews of Australian Capital Television Pty Ltd v Commonwealth and Nationwide News Pty Ltd v Wills (14 April 1993)

Index by title (click on the issue number for the HTML version)

No. 89

UWA v Gray: Rights to inventions made by employees See Client Login

No. 88

Alternative dispute resolution for Commonwealth agencies (18 August 2008) See Client Login

No. 87

Legal professional privilege and the government (15 July 2008) PDF 270Kb

No. 86

Indemnities in Commonwealth contracting (14 April 2008 PDF 290Kb

No. 85

After the election — what happens? (10 November 2007) PDF 201Kb

No. 84

Application of the Trade Practices Act to companies conducting business with government (24 September 2007) PDF 215Kb

No. 83

Grants and Funding Programs: Legal Issues (14 June 2007) PDF 273Kb

No. 82

Commonwealth environment and heritage law (4 June 2007) PDF 231Kb

No. 81

Unsolicited communications: recent developments in spam and telemarketing law (14 May 2007) PDF 714Kb

No. 80

Misconduct in the Australian Public Service (24 October 2006) PDF 338Kb

No. 79

Indemnities in Commonwealth contracting (26 July 2006) PDF 337Kb

No. 78

Natural justice and the ‘hearing rule’ – fundamental principles and recent developments (14 July 2006) PDF 217Kb

No. 77

The Work Choices Act: How will it affect Commonwealth employment? (31 May 2006) PDF 279Kb

No. 76

Implementing the Uhrig review: becoming an FMA agency (5 December 2005) For current employment law aspects see Legal Briefing No. 77 PDF 185Kb

No. 75

Implied undertakings in litigation (14 September 2005) PDF 112Kb

No. 74

Delegations, authorisations and the Carltona principle (14 December 2004) PDF 606Kb

No. 73

Determining whether government agencies are subject to the Trade Practices Act (3 November 2004) PDF 108Kb

No. 72

After the election – what happens? PDF 112Kb

No. 71

Do you need to make super contributions for your contractors? (13 September 2004) PDF 86Kb

No. 70

GST – still on your corporate radar? (31 March 2004) PDF 113Kb

No. 69

Legislative Instruments Act 2003 (18 December 2003) PDF 763Kb

No. 68

Claims for Psychological Injury (4 December 2003) PDF 651Kb

No. 67

Don’t Think Twice – Can Administrative Decision Makers Change Their Mind? (15 August 2003) PDF 769 Kb

No. 66

Managing Procurement Risk and Liability This issue has been superseded by Legal briefing No. 79 'Indemnities in Commonwealth contracting'

No. 65

Legal Professional Privilege and the Government (2 October 2002) PDF 615Kb

No. 64

Identifying and Protecting Confidential Information (4 July 2002) PDF 755Kb

No. 63

Outsourcing: Agency Obligations under the Privacy Act (30 April 2002) PDF 643Kb

No. 62

Legal Issues in Managing Performance Problems (28 February 2002) PDF 253Kb

No. 61

After a General Election – Some Legal Issues, PDF 278 Kb (14 November 2001)

No. 60

Comcover (31 July 2001)

No. 59

The Electronic Transactions Act 1999 (18 June 2001)

No. 58

Misconduct in E-mail and Internet Use at Work (27 February 2001)

No. 57

Determination of Claims under Commonwealth Anti-Discrimination Laws (1 December 2000)

No. 56

Contempt of Court – How it can Affect You (25 June 2000)

No. 55

Amendments to the Corporations Law and CAC Act (10 March 2000)

No. 54

The Public Service Act 1999: An Overview (8 March 2000)

No. 53

Fees for Services and their Recovery (14 December 1999)

No. 52

Employment Conditions Applying to Outsourced Activities (3 December 1999)

No. 51

Probity Aspects of Tendering (25 October 1999) Superseded by Commercial Notes No. 15

No. 50

Goods and Services Tax: Implications for the Commonwealth (25 September 1999)

No. 49

New Environment Legislation (17 September 1999)

No. 48

A New Era for Commonwealth Litigation Services (15 July 1999)

No. 47

Application of State Laws to the Commonwealth (29 June 1999)

No. 46

Commonwealth Assistance to Ministers in Litigation (31 May 1999)

No. 45

Liability in Performance of Statutory Functions (14 May 1999)

No. 44

Ministerial Authorisations: Foster and Beyond (15 March 1999)

No. 43

After a General Election – Some Legal Issues (23 September 1998)

No. 42

Judicial Review of Administrative Decisions (27 August 1998)

No. 41

The Year 2000 Problem and the Commonwealth (27 April 1998)

No. 40

Freedom of Speech and Defamation (4 December 1997)

No. 39

Competition Law and Commonwealth Business Activities (17 November 1997)

No. 38

Duties of Directors and Corporate Governance (9 October 1997)

No. 37

Commonwealth Employee Claims for Negligence (16 September 1997)

No. 36

The Commonwealth’s Implied Immunity from State Law (30 August 1997)

No. 35

Competitive Tendering and Contracting (20 August 1997) See also Commercial Notes No. 15 and Commercial Notes No. 5

No. 34

Discrimination Law and Public Servants (5 August 1997)

No. 33

Major Changes in Tendering Law (2 July 1997) See also Commercial Notes No. 15 and Commercial Notes No. 5

No. 32

The Wik Peoples v The State of Queensland (20 May 1997)

No. 31

Copyright – Into the Digital Age (10 March 1997)

No. 30

The Private Conduct of Public Servants (30 January 1997)

No. 29

Appearing Before Parliamentary Committees (21 December 1996)

No. 28

Defamation and the Public Sector (25 September 1996)

No. 27

Commonwealth IT Outsourcing (28 August 1996)

No. 26

European Union Developments (29 July 1996)

No. 25

Significant Changes to the Sex Discrimination Act (1 May 1996)

No. 24

Devolution of Power within Government (24 April 1996)

No. 23

Changes in the Administrative Appeals Tribunal (15 January 1996)

No. 22

Amendments to Administrative Procedures Approved Under the EPIP Act (10 November 1995)

No. 21

The Disciplining of Public Servants – Some Aspects (24 October 1995)

No. 20

The Native Title Act Case (29 August 1995)

No. 19

The End of the Beaudesert Principle (26 April 1995)

No. 18

Treaties in Australian Law (24 April 1995)

No. 17

European Union Developments (7 April 1995)

No. 16

The Application of the EPIP Act to Commonwealth Decision-Making (23 February 1995)

No. 15

Defamation and Political Discussion (8 November 1994)

No. 14

Unauthorised Disclosure of Government Information (27 October 1994)

No. 13

Acquisition of Property (28 July 1994)

No. 12

European Union Developments (17 June 1994)

No. 11

Native Title Act 1993 (29 April 1994)

No. 10

Commonwealth Employees’ Rights of Action For Negligence (16 March 1994)

No. 9

Recovery of Overpayments (7 February 1994)

No. 8

Privatising Government Business Enterprises (15 December 1993)

No. 7

Directors’ Duties and Related Party Transactions (20 October 1993)

No. 6

Negligent Advice (20 September 1993)

No. 5

Native Title (30 July 1993)

No. 4

Corporate Insolvency: Protecting the Commonwealth (23 July 1993)

No. 3

Government Information Technology Conditions (GITC) (28 May 1993)

No. 2

Rationalising Commonwealth Criminal Offences (23 April 1993)

No. 1

Free Speech and the Constitution (14 April 1993)

 

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