Australia: Constitutional & Administrative Law

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Government regulation and public sector law thought leadership, articles, podcasts, videos and webinars from expert sources across the legal world. Explore insights covering topics such as fiscal and monetary policy, human rights, foreign investment, government contracts and procurement, and constitutional and administrative law.
Article
Is The National Trust Principle History? How Victoria's Planning Reforms Could Change Permit Decision-making
Victoria's planning reforms introduce a provision that could fundamentally alter how permit decisions are made by allowing councils to specify which policy considerations are relevant to particular applications. This change challenges the longstanding National Trust principle that has limited decision-makers to considering only matters relevant to the purpose of specific planning controls. How will this hybrid approach to relevance reshape the balance between purposive interpretation and codified policy con
Australia Real Estate
HR
Holding Redlich
Article
EPBC Act Reforms: Consultation On Proposed Regulations To Support Final Tranche Of Reforms
Australia's Department of Climate Change, Energy, the Environment and Water has released consultation papers outlining the regulatory framework for the final phase of environmental protection reforms under the EPBC Act. With submissions closing on 13 October 2026 and implementation scheduled for 1 December 2026, these reforms will fundamentally reshape how projects are assessed and approved, introducing streamlined pathways...
Australia Environment
CC
Corrs Chambers Westgarth
Article
Can Police Access Your Phone Data On The Spot Without A Warrant?
New South Wales legislation introduced in August 2026 would significantly expand police powers to compel individuals to unlock their digital devices during organised crime investigations, even without a search warrant. The proposed reforms would increase penalties for non-compliance to seven years imprisonment while enabling forensic extraction of entire device contents including encrypted messages, location history, and deleted data.
Australia Criminal
CD
Criminal Defence Lawyers Australia
Article
When Is An FOI Processing Estimate Reasonable? Lessons From ‘BBP’ And DFAT
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.
Australia Government
HR
Holding Redlich
Article
Post-Bondi Terrorist Attack Firearms And Licence Laws Proposed
The second phase of New South Wales' most expansive overhaul of firearms regulation recently took place, marking the biggest leap in firearms and gun licence laws since the 1996 Port Arthur massacre. The reforms are enshrined in the Terrorism and Other Legislation Amendment Act 2025 (NSW), and were passed in an emergency sitting just days after the Bondi Beach terror attack in December 2025.
Australia Criminal
CD
Criminal Defence Lawyers Australia
Article
Updated Political Donations Laws For 2026 Victorian Election: Implications For Business
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 Government
CC
Corrs Chambers Westgarth
Article
Does Your Business Need To Give A Modern Slavery Statement?
Modern slavery can infiltrate any Australian business's supply chain, yet many organisations remain uncertain about their reporting obligations under the Modern Slavery Act 2018. With proposed reforms threatening to lower reporting thresholds and introduce financial penalties for the first time, understanding whether your business must lodge an annual modern slavery statement has become critical for compliance and reputation management.
Australia Government
CG
Coleman Greig Lawyers
Article
Anti-Protest Laws NSW | The Right To Peacefully Gather And Protest
The NSW Court of Appeal has struck down sweeping anti-protest laws enacted after the Bondi Beach terror attack, ruling that police powers to ban public assemblies across broad geographic areas violated constitutional protections for political communication. The landmark decision examines whether governments can impose blanket restrictions on peaceful protests during times of heightened security concerns, and what constitutional limits exist on such powers.
Australia Criminal
CD
Criminal Defence Lawyers Australia
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