Welcome to the latest issue of our SA Public Sector Newsletter.

The South Australian government has responded to last week’s Federal Budget by announcing a historic agreement that will see struggling South Australian households and businesses receive hundreds of dollars in energy bill rebates. The SA Government has committed $127.2 million for the National Energy Bill Relief Plan, which will be matched by the Commonwealth dollar for dollar.

The Joint Select Committee on the Aboriginal and Torres Strait Islander Voice report has recommended that the Federal Government pass the Constitution Alteration Bill without amendment. The Committee’s recommendation reflects the overwhelming consensus of constitutional and legal experts, who told the Committee that the amendment is constitutionally sound.

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

In the media

Funding for legal assistance services more urgent in tough times

The Budget acknowledges the tough times of the current economic climate and in a number of ways seeks to help Australians through them. However, by failing to adequately fund the legal assistance sector the Government has not met its own goals. https://www.lawcouncil.asn.au/media/media-releases/funding-for-legal-assistance-services-more-urgent-in-tough-times

Additional support for Aboriginal and Torres Strait Islander Legal Services

In recognition of the demands placed on ATSILS due to the rising cost of providing critical front-line services, the Government will provide $21 million in one-off additional funding to ATSILS from within existing resources of the Attorney-General’s Department. https://ministers.ag.gov.au/media-centre/additional-support-aboriginal-and-torres-strait-islander-legal-services-19-05-2023

Joint Select Committee on the Aboriginal and Torres Strait Islander Voice report

The Albanese Government welcomes the final report of the Joint Select Committee on the Aboriginal and Torres Strait Islander Voice today. The Committee has recommended the Parliament pass the Constitution Alteration Bill without amendment. https://ministers.ag.gov.au/media-centre/joint-select-committee-aboriginal-and-torres-strait-islander-voice-report-12-05-2023

South Australia

New tool to address harassment, bullying and discrimination in the legal profession

The Legal Profession Conduct Commissioner has launched a free online tool for lawyers and others employed in the legal industry to anonymously report instances of sexual harassment, bullying, discrimination and other forms of inappropriate personal behaviour. https://www.premier.sa.gov.au/media-releases/news-items/new-tool-to-address-harassment,-bullying-and-discrimination-in-the-legal-profession

Stronger, more effective Aboriginal heritage protection laws

The Malinauskas Labor Government is delivering on its election commitment with the introduction of new laws for stronger penalties for people who disturb or destroy Aboriginal heritage. The new laws will make the maximum penalty for the damaging, disturbing or interfering heritage offences $2 million for body corporates and $250,000 for individuals and/or 2 years prison. https://www.premier.sa.gov.au/media-releases/news-items/stronger,-more-effective-aboriginal-heritage-protection-laws

SA response to Federal Budget

More than 420,000 South Australian households and 86,000 small businesses will be eligible to receive hundreds of dollars in energy bill rebates under an historic agreement between the Malinauskas and Albanese governments to help the most vulnerable withstand rising prices. https://www.premier.sa.gov.au/media-releases/news-items/sa-response-to-federal-budget

In practice and courts

ACCC

ACCC welcomes funding to establish National Anti-Scam Centre

https://www.accc.gov.au/media-release/accc-welcomes-funding-to-establish-national-anti-scam-centre

AAT Bulletin

Issue No. 10/2023, 22 May 2023

https://www.aat.gov.au/AAT/media/AAT/Files/AAT%20Bulletins/10-23.pdf

Published articles, papers, reports

Constitutional referendums in Australia: a quick guide

This guide offers a general overview of some of the rules and processes involved when conducting a national referendum.

Commonwealth Budget 2023-24: Significant progress for workers, much more to do

The Centre for Future Work’s research team have crunched the numbers overnight to bring you this briefing. They cover all the main features of the budget from the perspective of workers and labour markets. Some of its measures are very positive, such as fiscal support for higher wages for aged care workers, increased JobKeeper benefits, and enhanced Commonwealth Rent Assistance.

Cases

Kelaray Pty Ltd v Dare & Ors [2023] SASCA 46 (11 May 2023)

Administrative law – Judicial Review – Generally

Aboriginal and Torres Strait Islander Peoples – Heritage Protection

Aboriginal and Torres Strait Islander Peoples – Heritage Protection – South Australia

BT v Medical Board of Australia [2023] SASC 69 (11 May 2023)

Administrative Law – Administrative Tribunals – South Australia Civil and Administrative Tribunal

Professions and Trades – Health Care Professionals – Medical Practitioners – Disciplinary Proceedings

Professions and Trades – Health Care Professionals – Medical Practitioners – Disciplinary Proceedings – Professional Misconduct and Unprofessional Conduct

Legislation

Workplace Gender Equality Act 2012 (Cth)

C2023C00095 • Act No. 91 of 1986 as amended • Registered: 08/05/2023

Income Tax Assessment Act 1997 (Cth)

C2023C00094 • Act No. 38 of 1997 as amended • Registered: 05/05/2023

Australian National Registry of Emissions Units Act 2011 (Cth)

C2023C00093 • Act No. 99 of 2011 as amended • Registered: 04/05/2023

Climate Change Act 2022 (Cth)

C2023C00092 • Act No. 37 of 2022 as amended • Registered: 02/05/2023

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