Government Matters Issue 321 November 2012
We'd like to welcome you to the third issue of Government Matters, a publication that we've created specifically for Commonwealth departments and agencies. It addresses current and horizon issues and provides a summary of recent cases.
This issue's feature article explores the recent Supreme Court of NSW decision in NSW Rifle Association Inc v Commonwealth of Australia, a test case that addressed the doctrine of executive necessity. The case provides valuable guidance on the limitations of that doctrine for government decision-makers. Another significant case is the recent High Court decision in Board of Bendigo Regional Institute of Technical and Further Education v Barclay, which tested the concept of adverse action under the Fair Work Act 2009 (Cth). The decision, made in favour of the employer, provides comfort to employers making decisions that are adverse to employees, when the decision is supported by well-documented evidence.
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