Australia: Constitutional & Administrative Law

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.

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.

Easements present significant challenges in property development, from securing third-party consent for infrastructure connections to navigating strict statutory requirements under Queensland's Planning and Building Acts. Understanding when easement holder consent is mandatory, what legal remedies exist when landowners refuse cooperation, and how approval conditions requiring new easements can create project uncertainty is essential for developers navigating these complex property rights.

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.

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.

The NSW Government has proposed a new Climate Change and Natural Hazards State Environmental Planning Policy to consolidate climate change controls and strengthen climate risk assessment in development planning.

In the month since the commencement of the Iran war, the initial impacts on fuel prices have spread to materials and labour affected by either the rise in transport costs or the rise in the cost of oil as an input in the manufacturing process.