CREATING NEW COMMONWEALTH ENTITIES

A number of clients sought our help during the year to establish new Commonwealth entities in areas as diverse as the arts, water and health.

Our work in this area typically involves advising on constitutional and legislative issues, helping clients to develop appropriate governance structures, and establishing sound arrangements covering financial governance (such as delegations) and employment (for example, whether staff will be employed under Australian Public Service arrangements or not).

We also assisted a number of newly created Commonwealth entities to develop template contract documents and procurement procedures, and to acquire office and other accommodation.

The following new entities are among those we have helped clients to establish during 2008–09.

Screen Australia

Screen Australia was established under the Screen Australia Act 2008, heralding an exciting new era for Australia’s screen industries. Screen Australia commenced operation on 1 July 2008, bringing together the functions of the Film Finance Corporation Australia, Film Australia Limited and the Australian Film Commission.

Advice was provided covering a wide range of establishment issues. These included development of Screen Australia’s funding programs; its internal protocols to assess funding applications; its Terms of Trade (including the development of new policies related to recoupment positions and intellectual property); review of its contracting strategies and contract models; and its guidelines to assist in the determination of entitlement to the producer tax offset.

Murray–Darling Basin Authority

We advised the Department of the Environment, Water, Heritage and the Arts on a wide range of issues associated with the creation of the Murray–Darling Basin Authority, a Commonwealth body established under the Water Act 2007. Our work included assisting with the development of legislative changes required to transfer the functions and powers of the Murray–Darling Basin Commission (an unincorporated joint venture between the Basin States and the Commonwealth) to the newly created authority.

Health Workforce Australia

Health Workforce Australia is being formed to manage and oversee major reforms to the Australian health workforce. Established under a Council of Australian Governments agreement, this new agency will assume responsibility for workforce planning and research, education and training, and innovation and reform. AGS’s client for this advisory work was the Department of Health and Ageing.

Australian National Preventive Health Agency

AGS lawyers also advised the Department of Health and Ageing on the establishment of the Australian National Preventive Health Agency. Its purpose will be to alert, inform and educate Australians on the need for healthy lifestyles, and the resources and choices available to them for these purposes. This agency is also being created under a Council of Australian Governments agreement.