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Government & Administrative Law

Clear understanding of the public sector operating environment

Sparke Helmore is recognised as one of the best-equipped and informed law firms on government issues in Australia.

Our Government team delivers high quality, cost-effective legal services to government departments and agencies - and to private sector organisations that work with government.

Our clients benefit from specialist knowledge, experience and insight gained from both working within and for Government. Our lawyers have a thorough understanding of the public sector and appreciate the sector's unique challenges.

Sparke Helmore's expert, informed management of complex public sector projects and our strong relationships with Government have earned us some prestigious appointments, including:

  • T3 - Sparke Helmore was appointed by the Commonwealth Government as the Process Adviser for both the Scoping Study and the sale of the Commonwealth's remaining shares in Telstra (T3).
    The scoping study and sale processes were concluded successfully and without process-related incidents, despite the unusually complex and sensitive nature of the process. Our services were delivered on budget and on time.
  • The Cole Inquiry - We represented the interests of the Department of Foreign Affairs and Trade (DFAT) as well as AusAID, Austrade, the Prime Minister and Ministers Vaile and Downer in relation to the Commission of Inquiry established to examine possible breaches of law in relation to the UN Oil-For-Food Programme (the Cole Inquiry).
  • WorkCover Scheme Redesign - We acted for the NSW WorkCover Authority in the most significant restructuring of the NSW workers' compensation scheme in recent history. The scheme was overhauled so as to replace licensed insurers with a single nominal insurer, with the nominal insurer outsourcing its claims and funds management functions.
    The success of the restructure can be measured by the dramatic turnaround in the scheme's viability, with a billion-dollar deficit being turned into a surplus within the first year after the restructure was implemented.

Expertise

We advise government departments and agencies at all levels, as well as private sector organisations about governmental or regulatory matters, with a particular emphasis on:

  • Administrative law issues, including judicial and merit review
  • Competition law
  • Corporate governance advice, including accountability legislation relevant to government departments, agencies, authorities and companies
  • Corporations Act, including matters relating to the duties of officers of Commonwealth or State owned/controlled companies
  • Employee issues, including public sector codes of conduct
  • Exercise of powers by statutory bodies or office holders, including liability issues
  • Freedom of information, the Ombudsman and privacy legislation
  • Government tendering and contracting processes and government procurement policy.
  • Legal risk assessment and management
  • Litigation and dispute resolution
  • Probity and process advice and audits
  • Statutory interpretation and instruments, including instruments of delegation and authorisation

Experience

  • For a decade we have advised Comcare on reconsideration decisions and appeared in the Administrative Appeals Tribunal to respond to appeals seeking review of Comcare's reconsiderations. The length and extent of our relationship with Comcare means we have a deep understanding of this area of work.
  • Representing the Australia Council in the implementation of the Orchestra Review - 2005. The Council needed to appoint appropriate advisers through a tendering and contracting process. We provided strategic advice to the Australia Council on the implementation strategy, including in respect of procurement options and probity considerations.
  • Acting for the Australian Prudential Regulation Authority in relation to disqualification powers under the Insurance Act 1973 (Cth) arising from the HIH Royal Commission. The project relates to the collapse of HIH.
  • Providing advice to the Department of Immigration and Citizenship on a wide variety of matters relating to the Migration Act 1958 (Cth) and regulations. The outcome was that DIAC have a clearer understanding of the relevant legislation to make informed, legally defensible, decisions.
  • Acting for the Commonwealth in all legal aspects of the Phase 1 and Phase 2 Airport sales, involving airports including Melbourne, Brisbane, Perth, Adelaide, Darwin, Canberra and 11 other Federal airports.
  • Advised and represented MoneySwitch in respect of its successful application to be authorised under the Banking Act 1959 to be the first Specialist Credit Card Institution in Australia. We provided advice on complex shareholding, corporate governance, financing and regulatory issues

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