Australia: Constitutional & Administrative Law

A Bill before the Queensland Parliament signals a major shift aimed at expanding the circumstances in which Queensland institutions may be held vicariously liable for child abuse perpetrated by individuals in relationships ‘akin to employment’.

In recent amendments to the National Health Act 1953 (Cth) (‘the Act’), the Secretary of the Department of Health and Aged Care (‘the Secretary’) now has a wider scope of power to cancel the approval of approved pharmacists.

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 NSW Government has introduced significant amendments to the Environmental Planning and Assessment Act 1979, establishing new authorities and streamlined pathways to accelerate development approvals. These reforms aim to address system complexity by creating targeted assessment processes, standardizing consent conditions, and implementing proportionate risk-based evaluations for the 90% of development applications valued under $1 million.

New South Wales has introduced permanent legislation allowing police to use metal detector wands to scan people for knives in designated public areas, following successful trial operations that seized 380 weapons. The reforms expand police powers while raising concerns about civil liberties, racial profiling, and the potential for these scans to become stepping-stones for more invasive searches, despite knife crime being at an all-time low in NSW.

The Australian government has commenced Tranche 2 of the EPBC Act reforms, establishing the National Environmental Protection Agency (NEPA) and Environment Information Australia (EIA) as independent bodies. While these institutional changes take effect immediately, key substantive amendments including new tests for unacceptable impacts, net gain offsets, and national environmental standards remain pending until December 2026.

Sydney Building Group demonstrates how the provision of detailed expert evidence and strategic design overcame Council concerns of tree removal and vegetation impacts.

The Office of the Australian Information Commissioner (OAIC) has recently reviewed how transparent Australian Government agencies are regarding their use of ADM processes.

Applications under the Act can result in significant implications for project delivery and provide an avenue for Traditional Owners to seek protections when state law does not do so.