Australia: Government, Public Sector

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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
Yindjibarndi And WA Government To Appeal $150 Million Federal Court Native Title Compensation Decision
The State of Western Australia and the Yindjibarndi Ngurra Aboriginal Corporation have both filed appeals against a landmark Federal Court decision awarding $150 million in compensation for cultural loss caused by mining operations in the Pilbara region. This unprecedented case marks the first judicial determination of native title compensation for future acts and the largest cultural loss award in Australian history, establishing critical precedents for how compensation is assessed when native title rights
Australia Government
HR
Holding Redlich
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Article
14 September 2026 M&A Review: Market insights and outlook for 2027
Australia's M&A market demonstrated resilience throughout FY2025-26, with quality assets attracting strong investor interest despite geopolitical uncertainty and cautious financing conditions. Middle-market activity remained steady, private capital continued to shape dealmaking, and foreign investors showed particular interest in healthcare, technology, and energy sectors. What factors will drive transaction activity in 2027, and how can businesses position themselves to capitalize on emerging opportunities
Australia Commercial
HR
Holding Redlich
Article
Australia’s Foreign Investment Reforms – A More Explicit Calibration Of Risk
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.
Australia Government
BP
Bartier Perry
Article
Navigating Australia’s Foreign Direct Investment Regime
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.
Australia Government
KL
Herbert Smith Freehills Kramer LLP
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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
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Article
Political Hate Speech Laws In NSW
The Supreme Court of New South Wales recently refused to impose strict post-release supervision on a young man convicted of vandalism and arson, finding that his anti-Israel graffiti constituted political expression rather than antisemitic hate speech. This landmark judgment clarifies the legal boundaries between criticism of a foreign state and racial or religious hatred, while rejecting the International Holocaust Remembrance Alliance's working definition of antisemitism as too imprecise for Australian la
Australia Criminal
CD
Criminal Defence Lawyers Australia
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
2026 Defence Industry Development Strategy – Industry Essentials
The Australian Government's 2026 Defence Industry Development Strategy outlines a comprehensive action plan to strengthen the nation's sovereign defence industrial base through procurement reform, industrial growth initiatives, and enhanced export capabilities. How will the establishment of the Defence Industry Hub, Industrial Development Agreements, and the new Defence Delivery Agency reshape Australia's defence sector and accelerate capability delivery?
Australia Government
PA
Piper Alderman
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Article
NSW Data Centre Guidelines And Network Connection Consultation Paper
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.
Australia Government
CC
Corrs Chambers Westgarth
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