Public sector conflicts of interest: New ICAC guidelines released
The Independent Commission Against Corruption (ICAC), which this week began hearings in Operation Eclipse - an investigation in the regulation of lobbying, access and influence in NSW – has recently published new guidelines specifically on the topic of conflicts of interest in the public sector.
The Guidelines, titled ‘Managing Conflicts of Interest in the NSW Public Sector’, adopt a more succinct and flexible approach to managing conflicts of interest compared to that of its predecessor ‘Managing Conflicts of Interest in the Public Sector Toolkit’ which was a joint publication prepared by ICAC and the Crime and Misconduct Commission in Queensland in 2004.
In particular, the new ICAC Guidelines offer guidance to public officials in NSW by:
Authors: Scott Alden & Christine Jones
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Lemon v Department of Planning and Environment [2019] NSWCATAD 148
ADMINISTRATIVE REVIEW – Government Information (Public Access) – application for review by person aggrieved by decision to refuse to release information – public interest considerations
Johnston v TAFE NSW [2019] NSWCATAD 152
ADMINISTRATIVE LAW – freedom of information – access to information – legal professional privilege – whether respondent holds further information – access charges – whether information personal information
DKV v Southern NSW Local Health District [2019] NSWCATAP 189
Administrative Law – NCAT internal appeal – Health Privacy Principles – scope of review by NCAT
Sydney AC Pty Ltd v Commissioner for Fair Trading, Department of Finance, Services and Innovation [2019] NSWCATOD 116
ADMINISTRATIVE REVIEW – Home building – Where respondent decided not to grant application for renewal of applicant’s contractor licence – Where applicant was subject to Tribunal order which had not been satisfied within required period – Where applicant had not complied with order after that period – Meaning of “satisfied”
Dubow v Mid-Western Regional Council [2019] NSWCATAD 142
ADMINISTRATIVE LAW — Particular administrative bodies — NSW Civil and Administrative Tribunal – administrative review jurisdiction – no jurisdiction to administrative review abatement under s125 of the Local Government Act 1993 – no jurisdiction to administratively review impounding of stock under s 116(3) of the Local Land Services Act 2013
Commissioner of Victims Rights v Dobbie [2019] NSWCA 183
ADMINISTRATIVE LAW – judicial review – victim’s compensation claim – primary victim of domestic violence – claim for “severely disabling” psychological disorder – challenge to rejection by delegate – whether the delegate attributed incorrect meaning to “severely disabling” ADMINISTRATIVE LAW – judicial review – expert psychologists designated by Director – assessment of disability by designated expert – whether delegate obliged to follow expert’s assessment absent countervailing evidence – whether delegate’s rejection of assessment manifestly unreasonable APPEAL – leave to appeal – precondition of grant – small amount at stake in individual case – relevance to large number of claims – whether matter of principle or public interest – error identified without setting aside judgment below
Regulations and other miscellaneous instruments
Subordinate Legislation (Postponement of Repeal) Order 2019
(2019-366) — published LW 2 August 2019
Bills introduced - Government
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