Government Insights

15 July 2009

Welcome to the July edition of Government Insights, in which we will look at:

  • whether lawyers who appear for the government can be sued for misfeasance in public office
  • best practice for agencies in managing legislative instruments
  • whether the Commonwealth can be liable for contempt of court
  • what the Gershon review means for whole-of-government governance arrangements in ICT procurement; and
  • decision-makers' obligations towards informants whose information assists the administration of statutory schemes.

Government lawyers and misfeasance in public office

By Tigiilagi Eteuati.

Are lawyers who appear for the government acting in a public office? Can they be sued for misfeasance? Does it matter if they are private lawyers or in-house? Tigiilagi Eteuati looks for answers in the NSW Court of Appeal's decision in Leerdam v Noori.

Managing legislative instruments: some guidance for agencies from the new Report

By Philip Harrison.

Philip Harrison looks at the lessons for Federal Government agencies in the Report into the operation of the Legislative Instruments Act.

Can the Commonwealth be charged with contempt of court?

By John Carroll.

Can the Commonwealth be liable for contempt of court, either criminal or civil? John Carroll explains how the administration of an ex gratia payment scheme led to a court case, and the guidance that comes from it.

Co-ordinate! The ICT governance landscape after Gershon

By Alexandra Wedutenko and Diana Navarro.

The Gershon review has proposed ways for the Government to strengthen whole-of-government governance arrangements in ICT procurement. What are those changes and what will agencies need to do to get ready? Alexandra Wedutenko and Diana Navarro examine the Gershon recommendations.

Informants and statutory requirements of disclosure

By James Stellios.

James Stellios looks at decision-makers' obligations towards informants whose information assists the administration of statutory schemes.

CPRS extends NGER Act obligations beyond constitutional corporations

By Rachel Baird and Brendan Bateman.

You don't need to report under the current NGER Act, so you can relax, right? Wrong, warn Dr Rachel Baird and Brendan Bateman - you may still have reporting obligations as part of the CPRS.
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