Government Connect - Issue 6

How much time can government agencies reasonably claim when refusing FOI requests on resource grounds? A recent Information Commissioner decision examines DFAT's 113.75-hour processing estimate for sanctions-related documents, clarifying when complexity, sensitivity and specialist review requirements justify substantial resource claims under section 24AA of the FOI Act.

The New South Wales Government has released a comprehensive policy framework for data centre investment, establishing six core principles that developments must address while promising streamlined planning approvals. The framework introduces significant new compliance obligations around energy procurement, cost recovery contributions, and demand flexibility, including a $200,000/MW Major Network Upgrade Fee and requirements for renewable energy agreements with minimum 40% wind component.

The Victorian Government has launched a Royal Commission into the Integrity of Major Public and Civil Infrastructure Construction Projects, examining allegations of corruption, criminal conduct and serious misconduct across major construction projects. The inquiry will scrutinise procurement practices, labour hire arrangements, subcontracting models, supply chains, project governance and government oversight, with implications extending far beyond Victoria's borders.

Space-related assets are becoming investable for infrastructure investors, with opportunities in ground stations, mission control assets, data-processing facilities and dual-use platforms. However, investors must carefully evaluate technology refresh risks, regulatory complexities including spectrum and orbital rights, and revenue bankability through counterparty quality rather than relying solely on sector growth projections.

The Australian Government’s May 2026 update to its foreign investment policy is already being interpreted in some quarters as a further tightening of the regime. That is, however, an incomplete reading. The changes are better understood as a more explicit calibration of risk - refining how foreign capital is assessed, rather than materially altering the underlying framework.

Recent amendments to Australia's National Health Act 1956 have granted the Secretary of Health new discretionary powers to refuse cancellation of PBS approvals for pharmacists under Committee investigation. These changes create significant obstacles for pharmacy owners seeking to sell their businesses during inquiry proceedings, potentially forcing them to continue trading for years while facing allegations of misconduct.

The NDIS Integrity and Safeguarding Act 2026 fundamentally transforms the regulatory landscape for disability service providers through dramatically increased civil penalties reaching up to $3.64 million per contravention, new criminal offences for unregistered providers, and expanded enforcement powers for the NDIS Quality and Safeguards Commission.

The new regime imposes a $7,500 cap on political donations, bans foreign donations, mandates real-time disclosure and, significantly for business, applies retrospectively from 15 April 2026. Businesses that have made a political donation in Victoria since 15 April 2026, or which are planning to make a donation ahead of this year’s election, should review their donations policies and compliance procedures now.

Australia's Department of Home Affairs has registered enhanced Critical Infrastructure Risk Management Program (CIRMP) rules that significantly strengthen security obligations for high-risk critical infrastructure assets. The new framework introduces stricter requirements for cyber security, personnel vetting, supply chain management, and physical security across sectors including energy, telecommunications, water, and transport.

Australia's federal government welcomes foreign investment, but the Foreign Investment Review Board (FIRB) regime has become increasingly complex. This comprehensive guide examines critical considerations for foreign investors, including investor profiles, investment types, mandatory filing thresholds, available exemptions, procedural requirements, filing fees, and the Treasurer's enforcement powers.

Recent Personal Injury Commission decisions have established a consistent framework for assessing sleep disorder claims in workers compensation matters, clarifying when insomnia and sleep disturbances qualify as independently assessable neurological impairments. This analysis examines the evolving jurisprudence and its practical implications for insurers defending permanent impairment claims.

Separating parents often ask whether they have a right to equal, week-about care of their children, but Australian family law does not work that way. This article examines when shared care arrangements succeed, how courts now assess applications for equal time following major 2024 reforms, and why no parent can claim a legal entitlement to a 50/50 split.

In workers' compensation claims for hearing loss, establishing the 'last noisy employer' requires more than simply proving machinery was present in the workplace. A recent NSW Personal Injury Commission decision examines what evidence is sufficient to demonstrate that employment created a real risk of hearing loss, and when a worker's recollection may be too unreliable to discharge the burden of proof.

The Fair Work Commission's Full Bench has published its decision on working from home arrangements for clerical employees, introducing a facilitative clause that maintains the current status quo. While the new clause formalizes the process for employees to request remote work arrangements, it notably rejects union proposals for a broad 'right to request' and employer proposals to significantly widen ordinary working hours, affirming that existing flexible work arrangements are largely functioning

Bartier Perry's leadership reflects on the firm's approach to balancing professional legal practice with strategic business management, highlighting recent partner appointments, regulatory changes in AML/CTF compliance, and housing reform initiatives. How does dedicated executive leadership alongside practising partners create a platform for sustainable growth while maintaining focus on exceptional client service?

Recent NSW planning reforms have fundamentally altered the appeal process for deemed refusals of development applications, removing the previous six-month limitation period. Understanding these changes is critical...

When does a high default interest rate cross the line from legitimate compensation to an unenforceable penalty? A recent NSW Supreme Court case examines the principles governing default interest provisions in loan agreements, revealing the critical factors lenders must consider when structuring their interest rate terms. The decision provides essential guidance on what evidence lenders need to justify material increases in default rates and how courts will assess whether such provisions constitute genuine p

Australian courts are increasingly examining whether the Fair Work Act applies to employees working entirely overseas. A recent Fair Work Commission decision reveals that jurisdiction may hinge not on where an employee performs their duties, but on the technical question of where the employment contract was legally formed—with significant implications for employers managing remote and offshore workforces.

Separating couples often overlook the tax implications of property settlements, only to face unexpected capital gains tax liabilities years later when assets are sold. With the 2025 amendments to the Family Law Act fundamentally changing how uncrystallised CGT liabilities are treated, understanding the interplay between tax law and family law has become critical to preserving the real value of a settlement. This analysis examines how strategic tax structuring at the point of settlement—including CGT r

The Australian government plans to prohibit non-compete clauses for workers earning below $190,100 from 2027, fundamentally reshaping how employers protect confidential information and customer relationships. With draft legislation expected in 2026, organisations face a critical window to review employment contracts and develop alternative workforce protection strategies. What steps should employers take now to prepare for these sweeping reforms to post-employment restraints?