Welcome to the latest issue of our New South Wales Public Sector Newsletter.

The Premier, Chris Minns has announced his government’s first full Ministry. The Minns Ministry is a reduced Cabinet of 22 Ministers, but for the first time in New South Wales history, will be 50 per cent women (excluding the Premier). For the first time in New South Wales history, a woman will hold the position of Leader of the Government in the Legislative Council. For the first time in New South Wales history, a woman will hold the portfolio of Energy (Sharpe), Police (Catley), Regional NSW (Moriarty), Finance (Houssos) and Regional Transport (Aitchison). For the first time in New South Wales history, an Australian Minister was sworn in on the Bhagavad Gita (Mookhey), and a NSW Minister will be sworn in on the Quran (Dib).

The newsletter also includes our usual round-up of practice notes, cases and legislation.

In the media

Appointment of Open Government Forum members

The Federal Government is announcing the membership of Australia’s refreshed Open Government Forum, said to be a significant step towards restoring our international status as an open and transparent government. https://ministers.ag.gov.au/media-centre/appointment-open-government-forum-members-05-04-2023

Sydney Metro Review

The NSW Government will establish a comprehensive independent review into the whole Sydney Metro program. The review will be led by Mike Mrdak. Mr Mrdak has a distinguished career in the Australian Public Service, having worked in infrastructure, transport, regional development, communications and digital economy. He will be joined by Amanda Yeates as the Deputy Chair. https://www.nsw.gov.au/media-releases/sydney-metro-review

Australian Law Reform Commission review of religious exemptions for educational institutions extended

There is an extension for the reporting date for the Australian Law Reform Commission’s (ALRC) review of religious exemptions for educational institutions in Federal anti-discrimination law. The extension will give the ALRC further time to properly consider the very large number of submissions to the inquiry. The ALRC will provide its advice to the Government before the end of the year. https://ministers.ag.gov.au/media-centre/australian-law-reform-commission-review-religious-exemptions-educational-institutions-extended-20-04-2023

Reform of merger laws critical for Australia’s economic transition

Australia’s merger laws are no longer fit for purpose and tilted too much towards allowing potentially anti-competitive mergers to proceed, ACCC Chair Gina Cass-Gottlieb said. In a speech to the National Press Club in Canberra, Ms Cass-Gottlieb called for reforms to Australia’s merger laws to protect competition in Australia’s economy during a critical period of economic transition. https://www.accc.gov.au/media-release/reform-of-merger-laws-critical-for-australia%E2%80%99s-economic-transition

NSW Government full ministry

The Premier, Chris Minns has announced his government’s first full Ministry. The Minns Ministry is a reduced Cabinet of 22 Ministers, but for the first time in New South Wales history, will be 50 per cent women (excluding the Premier). For the first time in New South Wales history, a woman will hold the position of Leader of the Government in the Legislative Council. For the first time in New South Wales history, a woman will hold the portfolio of Energy (Sharpe), Police (Catley), Regional NSW (Moriarty), Finance (Houssos) and Regional Transport (Aitchison). For the first time in New South Wales history, an Australian Minister was sworn in on the Bhagavad Gita (Mookhey), and a NSW Minister will be sworn in on the Quran (Dib). https://www.nsw.gov.au/media-releases/minns-labor-government-full-ministry

Statement on Latitude Financial data breach

The Office of the Australian Information Commissioner (OAIC) continues to engage with Latitude Financial and is making preliminary inquiries regarding their cyber security incident. https://www.oaic.gov.au/newsroom/statement-on-latitude-financial-data-breach

In practice and courts

ACCC

Parents and guardians asked to share views on childcare
https://www.accc.gov.au/media-release/parents-and-guardians-asked-to-share-views-on-childcare

AAT Bulletin

Issue No. 7/2023, 11 April 2023
https://www.aat.gov.au/AAT/media/AAT/Files/AAT%20Bulletins/7-23.pdf

Published articles, papers, reports

How the Parliament of New South Wales navigated the COVID-19 pandemic

The ongoing operation of all parliaments during the COVID-19 pandemic was an essential part of the democratic process at a time of considerable community uncertainty and anxiety. This paper provides an overview of the operation of the Parliament of NSW between March 2020 and December 2022. Ensuring the Parliament could operate effectively during this time was an urgent priority of the Department of the Legislative Council, the Department of the Legislative Assembly and the Department of Parliamentary Services. Changes included putting in place COVID-safe work practices, adapting and where necessary introducing new practices and procedures, and widespread use of virtual committee meetings.

Interim Economic Inclusion Advisory Committee 2023–24 report to the Australian government

In December 2022, the Federal Treasurer, Jim Chalmers, and the Minister for Social Services, Amanda Rishworth, established an Interim Economic Inclusion Advisory Committee. The Committee provides non-binding advice on boosting economic inclusion and tackling disadvantage, including policy settings, systems and structures, and the adequacy, effectiveness and sustainability of income support payments. Its advice is to be delivered ahead of every Federal Budget. The Committee is comprised of social security and economics experts and leaders from the community sector, advocacy organisations, unions, business, and philanthropy.

Education policy outlook in Australia

This country policy profile on education in Australia is part of the Education Policy Outlook series. Building on the first policy profile for Australia (2013), it offers a concise analysis of where the education system stands and how this compares to other systems. The report brings together over a decade’s worth of policy analysis by the Education Policy Outlook, as well as recent OECD data, relevant thematic and country-specific work, and other international and national evidence. It also benefits from the Education Policy Outlook’s ongoing comparative analysis of resilience and responsiveness in education policy.

Independent Review of Medicare Integrity and Compliance: final report

A 2020 Australian National Audit Office report estimated the value of Medicare non-compliance at between $366 million and $2.2 billion a year. In November 2022, the Federal Government appointed respected health economist, Dr Pradeep Philip, to conduct an independent review into the integrity of Medicare and its compliance mechanisms. The independent review assessed the possible value of fraudulent, non-compliant or over servicing risks in Medicare, and provided a methodology and evidence-based estimate of the likely value of non-compliance in Medicare.

Cases

Dubedat v Commissioner of Police, NSW Police Force [2023] NSWCATAD 90 (18 April 2023)

LICENSING – firearms – fit and proper person – public interest - mental health issues – allegations of intimidatory conduct - offences

Bailey v Commissioner of Police, NSW Police Force [2023] NSWCATAP 103 (12 April 2023)

ADMINISTRATIVE LAW – freedom of information – government information public access – public interest considerations – failure to make findings as to whether there were any public interest considerations in favour of disclosure and the weight to be given to them – whether reasons were inadequate

Wojciechowska v Commissioner of Police, NSW Police Force (No 2) [2023] NSWCATAP 104 (12 April 2023)

COSTS---Rule 38A Civil and Administrative Tribunal Rules 2014--- Whether special circumstances must be established--- fixed costs

FQS v Independent Commission Against Corruption [2023] NSWCATAD 82 (4 April 2023)

COSTS---Rule 38A Civil and Administrative Tribunal Rules 2014--- Whether special circumstances must be established--- fixed costs

Legislation

Income Tax Assessment Act 1997

C2023C00089 • Act No. 38 of 1997 as amended • Registered: 21/04/2023

Royal Commissions Act 1902

C2023C00088 • Act No. 12 of 1902 as amended • Registered: 21/04/2023

Telecommunications Act 1997

C2023C00087 • Act No. 47 of 1997 as amended • Registered: 20/04/2023

National Health Act 1953

C2023C00085 • Act No. 95 of 1953 as amended • Registered: 19/04/2023

Telstra Corporation and Other Legislation Amendment Act 2021

C2023C00086 • Act No. 140 of 2021 as amended • Registered: 19/04/2023

Industry Research and Development Act 1986

C2023C00084 • Act No. 89 of 1986 as amended • Registered: 19/04/2023

Carbon Credits (Carbon Farming Initiative) Act 2011

C2023C00083 • Act No. 101 of 2011 as amended • Registered: 18/04/2023

Social Security Act 1991

C2023C00082 • Act No. 46 of 1991 as amended • Registered: 17/04/2023

Clean Energy (Consequential Amendments) Act 2011

C2023C00080 • Act No. 132 of 2011 as amended • Registered: 13/04/2023

Freedom of Information Act 1982

C2023C00079 • Act No. 3 of 1982 as amended • Registered: 13/04/2023

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