Public Law – Issue 22

It is my great pleasure to be a guest editor for this issue of Public Law as Kathryn Howard, head of the Hall & Wilcox public sector industry group, is currently away on some very well-deserved leave.

I am a partner in our Perth Property & Projects team. I have been at the firm for nearly three years; and have worked with clients in the WA public sector for nearly 25 years. 

I recently attended the 2024 WALGA planning showcase, an event run alongside WALGA’s annual local government convention. Each year, the WALGA convention brings together elected members, suppliers, council officers and key stakeholders, with a program of professional development, networking and business opportunities.

This year’s theme of the convention was ‘Innovation Ecosystem’. It highlighted the ability of the local government sector to foster dynamic change through ‘collaboration, promotion and daring to think big’.

As someone who works closely with government, it was such a valuable opportunity for me to hear directly from both metropolitan and remote regional councils on some of the significant projects they are delivering, including, for example, innovative approaches to resourcing local government planners in remote council locations where they’ve been unable to recruit any in-house planners, and what one local council has implemented as a way to help shield its officers from the psychosocial hazards of dealing with unhappy ratepayers.

There were many interesting synergies between WALGA’s focus on collaboration and daring to ‘think big’, and our firm’s focus on how we can continue to create value for our clients, our people and our communities.

Like Kathryn, I am also having some leave soon and will be heading over to Rottnest Island (affectionately known as ‘Rotto’ by locals). For those of you who haven’t travelled to WA, or perhaps not heard of Rotto, it’s the place where many tourists go, including the occasional celebrity, to take a ‘quokka selfie’. It’s only a half-hour ferry ride away from Perth, but, once you arrive, it feels more like you’re 1000 miles away. Although the quokkas are one of the more famous tourist attractions at Rotto, the beaches, the bakery and the pub are pretty awesome too!

Whether a beach break, a camping adventure, a city exploration or just chilling out at home, I hope everyone has some downtime locked in their diaries. In the meantime, please enjoy this edition of Public Law.

Emma leys 
Partner,
Property & Projects
and Guest Editor of the
Public Law newsletter

Hall & Wilcox is thrilled to have joined the Whole of Australian Government legal services panel this year. 

Coinciding with this appointment, on Wednesday, 29 August, we hosted an exclusive Q&A discussion on ‘Delivering the digital future, today’, with special guest and recognised innovator and collaborator, former NSW Government Minister, The Hon. Victor Dominello.

Facilitated by our own Suzie Leask GAICD, FGIA, Victor shared his insights and thoughts around the need for government to adapt and build digital capability, the importance of strong leadership in driving change, the value of having a clear vision, building trust and driving cross-agency collaboration. He also reflected on the power of leveraging momentum!

The conversation also delved into the role of trust in digital transformation, particularly in the areas of privacy, cyber, sound decision-making and ethics. 

Guests were energised by the unique opportunity to hear about Victor’s first-hand experiences as a Minister and the ups and downs of delivering uplifts such as Digital ID, the Digital Restart Fund and other initiatives under Service NSW and the Department of Customer Service. 

Hall & Wilcox has a genuine focus on innovation and supporting government through digital transformation, underpinned by our Smarter Law strategy. This event provided an opportunity to lead a discussion that provided ‘behind-the-scenes’ insights and practical advice to public servants dealing with how to communicate their digital vision and take calculated risks. 

Suzie commented, ‘It was wonderful to host an event in Canberra on what is a very hot topic for government that impacts every agency. Victor had everyone in the room absorbed by the insights he shared. These are the discussions we continue to lead and facilitate to help our clients find a way through.’

Suzie Leask, a partner specialising in commercial and technology transactions, regulatory compliance and privacy, reflects further on the discussion, particularly the theme of how government can navigate the balance between managing privacy, cyber and other risks, while fast-tracking innovation and digital transformation initiatives.

Natalie Demir, Business Development & Marketing Manager – Public Sector, and Suzie Leask, Partner 

Group Executive Director for International Programs at Save the Children Francis Woods sat down with Business Development Manager Natalie Demir to discuss his experiences overseas in high conflict environments, the impactful work of Save the Children and how human connection and humour is a universal language.

Give us an overview of your career up to this point.

It began with a university research project to Uganda, where I met staff from Medair, a Swiss aid agency. 

From there, in 2005, I went to Kenya and South Sudan with Medair and worked my way up the management line through getting things done in challenging environments. After some time back in the UK, I travelled to Haiti just after the earthquake in 2010. I then worked in Merlin’s head office before joining Save the Children ten years ago. 

Your job requires a lot of travelling – can you tell us more about that? 

All my roles have involved travel and you can come very close to the conflict. I was working in Libya when Muammar Gaddafi was killed, and my hotel was shelled in Syria. 

I love travelling to these countries as you learn so much. By talking to colleagues on the ground, you familiarise yourself with complex social structures and histories. This gives a better understanding of the local communities and the issues facing children right now. 

One thing I’ve realised is that human beings are the same across the globe. We are motivated by family, community and we’ve all got a sense of humour. I’ve been made fun of in every country I’ve been to! 

Do you have a way to disconnect from work? 

Absolutely, it is important to compartmentalise. I am married to an actress, so I’m very interested in TV and film. I have three small children, and I also follow sport. Since moving to Melbourne from the UK, I’ve started watching AFL and support St Kilda. 

What are some projects you’ve been carrying out in Australia? 

I’m proud to work for an organisation that operates in developed countries like Australia, as well as remote islands in the Pacific or in conflict environments like Afghanistan. We are a child rights organisation and kids from all countries face issues such as poverty, malnutrition. not having access to good quality education and violence. 

In Australia, our work is focused on protection in different forms. We have programs all over the country: in the Northern Territory we focus on case management for kids at risk; in Queensland we run a refuge for victims of domestic violence, and in Tasmania we’re carrying out early childhood development in remote communities. 

 What are some of the strategies used within Save the Children?

We will soon begin our 2025-2027 strategy, which focuses on the areas of health, education and protection, across 120 countries and with 25,000 staff. 

It’s important to ensure we have diverse systems that are efficient and integrated, and make the best use of technology, whether that’s in health clinics or education. 

For example Save the Children Australia has a subsidiary organisation called Library For All. It’s an education and literacy focused organisation that creates locally contextual appropriate books, usually in the local language, available in print and in the Library For All solar-powered tablets that can store hundreds of books, and a gamified learning apps for numeracy and literacy. 

What is the biggest challenge in delivering projects?

Climate change is a huge challenge. One billion children are living in countries at extreme risk of climate change. We have been able to engage with communities and governments, and help them implement practical solutions, such as climate-proofing schools or health infrastructure. 

Because we work in 120 countries, we combine local relationships and global partnerships to ensure children in those countries have access to the best resources available.

We are the only non-governmental organisation (NGO) accredited to the Green Climate Fund, the UN’s main climate financing mechanism. We're running the world's largest adaptation program for climate in Vanuatu and starting the second biggest adaptation project in the Solomon Islands. 

How do you keep your team motivated?

We try to stay positive, although it can be confronting or demoralising at times. Sometimes it’s easy to forget what we have done, as we tend to focus on what we haven’t done yet. However, it’s important to recognise the positive impact we create for children all around the world. 

How do you envision the next few years for Save the Children? 

We’ve been around for 105 years; we want to stay relevant in every country and constantly re-evaluate how we do things locally and globally to maximise our impact for children.

The Royal Commission into the Robodebt Scheme concluded a combination of factors led to the costly social and technical failure of Robodebt, notably the design of automated decision-making (ADM) systems. Givenemerging technologies, including generative artificial intelligence (Generative AI), it’s timely to re-examine best practices for designing ADM systems for use in government.

Legal and policy compliance 

The Commission found those involved in the design and rollout of Robodebt failed to ensure the proposed scheme was consistent with social security legislation and policy. 

All ADM systems must be designed and used to comply with relevant administrative law rules and principles. One core principle is that only a ‘legal person’ can exercise a statutory function and government agencies cannot simply ‘outsource’ a decision-making function to an ADM system.

When exercising statutory discretionary functions, the government decision-maker, while aided by technology, must adhere to the fundamental principles of fairness, consistency, impartiality and accountability and ensure the decision is a result of their own intellectual processes rather than dictated by an ADM system.

The design and use of ADM systems must comply with applicable statutory obligations, such as privacy and human rights obligations. The NSW Ombudsman’s Generative AI Risk Assessment Tool outlines a list of legislative requirements for consideration in assessing the risks of any given Generative AI solution, which is one example of how ADM systems are assessed in a public sector context for compliance.

Although policy-level considerations, such as the Australian AI Ethics Principles, are not legislated, they provide valuable guidance towards the responsible development and use of ADM systems. Transparency and explainability should be kept front of mind when designing ADM systems, so that the tools make transparent how a given output was generated. 

Other key considerations

• The Commission’s report is consistent with publications by the Commonwealth Ombudsman and NSW Ombudsman in recommending several practical guidelines for government agencies considering the adoption of ADM systems.
• Engaging a multidisciplinary team at an early stage of the design process, including consultation with lawyers, human rights experts, academics and advocacy groups, can significantly reduce the risk of a government ADM system being noncompliant with law and policy. 
• Government bodies should be cautious when deciding the extent to which a decision-making process should be automated in the first place. Particularly in the social security context, human oversight remains critical – in many cases, partial automation can be ideal because it provides for efficiency improvements of ADM, while ensuring that a human is ultimately responsible for the decision. 
• Testing should consider unusual inputs (‘edge cases’ and ‘corner cases’), review by legal experts of how statutory provisions have been encoded into the algorithms and checking for biased outputs, in addition to comparingthe system’s outputs with decisions made by humans on the same data. Monitoring and audits must be implemented to maintain accuracy and fairness of decisions.

Overall, implementing appropriate safeguards at an early stage is critical in allowing agencies to realise the benefits of ADM technologies in a legally compliant and safe manner.

John Gray, Partner and Stephen Lin, Lawyer

Kim Thompson is an international equestrian coach, who is known for developing a partnership-based approach to training. Kim specialises in liberty training, bridleless riding and coaches classical dressage, showjumping and transition to bitless riding. Kim’s passion for ethical horsemanship has led to her owning and operating Heartland Equestrian, in southeast Victoria. (https://www.heartlandequestriansoulconnection.com/) 

In this interview, Kim delves into her path, gender equality in equestrian sports and her upcoming appearance as presenter at Equitana, held in Melbourne in November. 

Tell us about your journey 

I’ve grown up with horses and it has always been my passion. Along with competing at high levels, I was always asked to coach adult riders and at pony clubs before I started my business. 

After having my first child, I couldn’t compete at the high levels as desired because of competing mum-responsibilities. That’s when I explored equine therapy, which led me to bitless riding and liberty – it was an epiphany!  Liberty is relationship-based training with horses. 

At that time, I purchased a horse from a male rider who had strong control over the horse. When I brought the horse home as a 5-foot slight-framed female, I couldn’t control him. I realised I needed to have a relationship with this horse where he wanted to work with me, rather than I making him work with me. 

I started my business in 2017 to respond to the missing link – establishing that partnership with a horse, rather than just telling a horse what to do. I believe horses are our greatest teachers. 

Have mentors assisted you?

I have been supported by amazing women at the top of their sport globally, including Alizée Froment, a French Grand Prix dressage rider, Alycia Burton, a New Zealand rider, and Melanie Ferrero from the US who competes bridleless. 

What have you observed about gender equality in the equine industry? 

Equitana is Australia’s largest equine show, and it happens every second year. In 2022, I noticed that five of the six paid presenters were male. I contacted Equitana at the time, but nothing has been done. Because this year there are four paid Star Presenters, all of whom are male, and three Featured Presenters, all male too – therefore no female representation among the coveted spots.  

How is that – where we are showcasing the best equestrian talent in the world – all of the paid presenters are male? 

The same thing happened in relation to the Equestrian Gold Coast Show 2023, where they had an all-male panel. Again I reached out, and just one woman was added for the lineup in 2024.

What example are we giving our children, when all of the paid, highest-profile positions go to men?

It is not for lack of talent – I reached out to Equitana to offer them the names of leading international women, and no action has been taken. And it is noteworthy that there are so many women presenting in the unpaid roles at Equitana. 

I would love to see a positive change for my daughter's sake. I would like to see equality – including of paid opportunity – at high-profile events such as Equitana, as it’s the largest horse-riding event in the country.  

 How can we bring awareness to this issue?

It is not lack of talent. It is lack of equal recognition. It is lack of awareness. I have teamed up with Doctor Emma Fulu, from The Equality Institute, who researches gender inequality, and we are launching a campaign called, ‘You can’t be what you can’t see’; it aims to highlight the skewed male representation at the top in the equestrian industry. 

How do you fill your cup in the face of industry challenges? 

I try not to focus on the negatives in life; when I see something like this, I’m driven to make a positive change. Instead of just voicing my own opinion, it's important that people make their own decisions and are made aware of what is actually happening in our industry, so that they too can make choices that empower women. 

Do you have a personal mantra?

I‘m focused on mindset; I consciously practice gratitude daily. 

In addition to the usual legal and compliance risks, governments face the scrutiny of increased public accountability. When considering digital transformation projects, these risks can be a handbrake that stifles innovation. A key question that arose in our conversation with Victor was how to appropriately balance (and mitigate against) these real concerns, while not curbing the innovative use of data or imposing a counterproductive regulatory burden. Operationally, how do agencies ensure ethics, transparency and sound decision-making are accounted for when designing digital uplifts?

Data

When we talk digital transformation and technology, the common thread is data – especially the importance of ‘clean’, quality and up-to-date data. Governments have unmatched access to data and, accordingly, increased responsibility for protecting individuals’ personal data. It must be used for appropriate purposes, transparently and with consent, without unnecessarily invading citizens’ privacy. Service NSW examples show there is great potential for cross-agency collaboration using data, with the upside of a better ‘customer experience’, increased convenience and efficiency – provided, of course, there is trust in how that data is used. 

Privacy by design and law reforms

Privacy by design is a necessary step  of any technology project. It requires the mapping of data flows and customer experience, and considering which agencies, technology service providers and data centres need access to data, and, accordingly, the extent of informed, transparent consent of users. 

We are closely watching the major federal privacy law reforms which, in stage one, are set to implement 23 of the legislative proposals agreed by the government in response to the Privacy Act 1988 (Cth) Review report last year. To get ahead of the game, and assuming the recently released Privacy and Other Legislation Amendment Bill 2024 (Cth) (Bill) is passed, agencies planning digital transformation projects should be thinking ahead to post reform best practice. This should seek to minimise the likelihood of future claims under the proposed enhanced enforcement powers, protecting the privacy of individuals and the new statutory tort  for serious invasions of privacy. 

For two decades, this tort has been considered and recommended in privacy law reforms and is set to fundamentally change the privacy regulatory landscape. We expect these developing risks will mean an increase in both penalties and litigation following data breaches, requiring a renewed focus on privacy compliance, systems and processes, and involve a closer look at technology and data protocols (not just privacy policies). See our recent article detailing the proposed reforms.

'Given the high risk and serious harm associated with a cyber-attack on a government agency, it is critical to have a robust business continuity and cyber response plan...'

Cyber risk preparedness

Cyber risks are in the ‘not if, but when?’ category. They represent the biggest risk to business continuity, as we saw in the recent Crowd Strike breach. Preparedness is the key lesson we should learn from cyber incidents such as Medibank, Optus, HWLE and others. 

Given the high risk and serious harm associated with a cyber-attack on a government agency, it is critical to have a robust business continuity and cyber response plan to get agencies back up and running as soon as possible, minimise damage and ‘close the gate’. 

Systems integrity, security and prevention, the protection of people and their personal information from misuse and harm, and a proactive public relations and communications strategy are also essential weapons when responding to a breach.

The ability of government to understand and protect against cyber threats, in the context of what are often legacy systems and bolt on technology platforms, apps and other projects requiring deep vendor due diligence, is a fundamental factor in ensuring trust and delivering a digital transformation project. 

Driving innovation and customer experience

Enhancing customer experience is not a new concept, although perhaps more commonly associated with commercial business and tech companies than government. It is increasingly apparent that the uptake of government apps and online platforms is driven by customer expectations and usability. This means governments are, from a user perspective, competing against the likes of Apple, Google and Netflix in terms of customer experience and functionality.

While this seems a high bar, there will continue to be a low-risk appetite in pockets of government. The challenge of how to mitigate and balance risks is a solvable problem with the right systems and processes. While seemingly counterintuitive for a lawyer specialising in risk and compliance to say, my commercial and innovation focused business perspective tells me that, as seen from the Service NSW and Digital ID examples, the innovation potential and greater good to be achieved can outweigh the risks, particularly when we know it is possible to balance technology, risk and compliance in every digital transformation project. 

Suzie Leask
Partner

Clare Kerley was promoted to Partner earlier this year.  She discusses her observations of the employment cultural and legal landscape and her personal experiences in juggling her career while being a mum to a toddler. 

Q: Congratulations on the partnership promotion; tell us about your career to date?

A: I've been practising exclusively in employment law for nearly 14 years now. Before I practised law, I worked in the media for about seven years, in both television and magazines as a journalist. 

Q: What is important to you as you progress in your career?

Being my authentic self at work, and part of a truly collaborative team. I value working in a genuinely flexible workplace that allows me to balance raising a family with providing exceptional legal services.I'm fortunate that all those elements are present here at Hall and Wilcox.

Q: Why employment law?

It sits at the intersection between business and personal life. Employment law is really varied, it changes frequently, it can be political. It's something that affects most people in one way or another during their life, so everyone will be brushed by employment law. I get satisfaction helping employers set up their workplaces for success.

Q: What are some major changes you foresee in the future?

We have seen some of the largest changes to employment law in the past 15 years or so,  including  the way enterprise bargaining is undertaken, the meanings of employer and employee, how casuals can seek permanency, regulation of gig workers  and the ‘right to disconnect’ – it’s been a big overhaul. This follows huge changes during and in the aftermath of the COVID pandemic, where we've had to adapt to balancing employees wanting to work flexibly with the employer maintaining productivity and service level to their clients or customers.

In addition, we live in a time where we have four distinct and different generations in the one workplace. Gen X, Gen Y, Gen Z and Boomers are all working together and there are, at times, rather different attitudes, communication styles, ways of working, abilities, and expectations. While some of them overlap, there are notable distinctions. Employers need to pay heed to how best cultivate a well-performing workplace, not just in productivity, but also culturally, and recognise the value each generation brings  so that all collaborate effectively.

Q: What are the common challenges?

There can be a disconnect between expectations around what an employer can, versus what they should, offer, in terms of flexibility. There are generations that prefer face-to-face contact, and others who have really embraced the hybrid work format. 

I find it hard to imagine how duties between work and parenting of young children were juggled pre-COVID. The workplace has become more accessible to working parents. 

The flexibility has allowed for an increase in the participation rate of parents returning to work. They can return sooner (if they want to) than if that flexibility wasn't in place – resulting in women being away from the workplace for a shorter period. When they do return, they have a greater sense of balance – and their trajectory in being considered for promotion to positions of responsibility or authority is less affected by the absence from the workplace. Overall, I think it's had a positive impact – employees feel valued and return to the role, and employers continue to get a worker who is trained up, experienced and without the need to go back to market to recruit.

Q: Tell us what you enjoy doing outside of work

I enjoy watching football (go Liverpool!), and hanging out at the beach or going to the park with my toddler and my husband.

Q: You live in a beautiful part in Australia, Sydney. Outside of Sydney, where do you enjoy visiting domestically and abroad?

Firstly, I believe that Sydney is the most beautiful city in the world. Hands down. Internationally, I love New York and Florence; domestically, I think the South Coast of NSW is really beautiful.

The Federal Court’s landmark decision concerning the scope of the Crown copyright infringement exemption[1] is the first in Australia to analyse and interpret section 183 of the Copyright Act 1968 (Cth) concerning acts done ‘for the services of the Crown’. However, questions remain around the precise scope of this section.

Key takeaways

• ‘Acts for the services of the Crown’ is to be interpreted broadly. There is no requirement for a direct connection between the otherwise infringing conduct and the provision of government services to citizens – indirect or even preparatory activities are covered.
• The authorisation of third parties by government can be provided at any time, although the specificity of such written authorisation is unclear. 

 Crown exemption 

Commonwealth, State and Territory governments in Australia are entitled to rely on a wide-ranging set of exemptions to copyright infringement under section 183.

This extends to third parties authorised by the Commonwealth or State governments, provided that the otherwise infringing acts are done ‘for the services of the Crown’. 

How does this apply to non-government third parties?

Section 183 expressly permits the infringement exemption to apply to non-government entities, where they have received written authorisation from the government, which can be before or after the otherwise infringing act, and where the acts are done for the services of the government.

This case addressed the interpretation of ‘for the services of the Crown’. Australian News Channel (ANC), which operates Sky News Australia, sought declaratory relief under the Federal Court of Australia Act 1976 (Cth) that acts done by Isentia, a media monitoring company, in respect of its copyright content did not fall within the meaning of s183(1). 

The question was whether Isentia had provided media monitoring services to its government customers ‘for the services of the Crown’ and was entitled to the protection of s183(1).

ANC contended there needed to be a ‘direct connection’ between the otherwise infringing action and the provision of a specific government service to citizens. ANC posited that Isentia’s processes involved the wholesale copying of all published articles and broadcast content (whether of interest to the government), which would then be filtered to identify items of interest to the government client and provide extracts with links to clients.

Ruling

The Court found in favour of Isentia, supporting a broad interpretation of s183 and no required nexus between the act and specific government service provided to citizens. Even acts that are indirect or preparatory to the services will fall within the scope. 

Ben Hamilton, Partner
 

[1]Australian News Channel Pty Ltd v Isentia Pty Limited (Isentia).

Ada Wong has shared a simple recipe to help time-poor cooks as we head to a busy end of the year. 

Ingredients

• 300 grams (approx. 1½ cups) ‘00 flour’ – Important for chewiness! It’s more expensive than normal flour, but worth it!
• 300 grams all-purpose flour
• 1 teaspoon (3 grams) active dry yeast
• 12 grams fine sea salt
• 350 grams warm water (no hotter than 37 degrees)
• 2 tablespoons olive oil

Method

1. Whisk together the flour, yeast, and salt in a stand mixer fitted with a dough hook. 
2. Add the warm water and the olive oil and mix on medium-low for about 10 minutes until the dough is smooth. 
3. Transfer the dough to a lightly greased bowl, cover with plastic wrap. 
4. Let it rise for about two hours or until it’s doubled in size.
5. Divide the dough into four equal portions. It’s easiest to use a scale, as dough balls that weigh 220g make a size perfect for a pizza stone or oven. Knead a little before shaping into smooth, tight balls.
6. Press down on the dough ball on a well-floured surface to deflate it a little (but don’t use a rolling pin to deflate any bubbles), then gently stretch the dough into an 11-12 inch circle. If the dough springs back, wait five minutes and keep stretching. 
7. Transfer to a well-greased dough proofing box (like a takeaway box, or place them on a baking tray with cling wrap) and lightly spray the tops with non-stick spray so they don’t dry out. Refrigerate for 2-3 hours before using. 
8. The dough will also last for at least two days in the fridge in this state.
9. Add toppings, bake and enjoy!
10. Note: you can also freeze the dough balls for future use, in an airtight container or ziplock bag. When ready to use, defrost overnight in the fridge and bring to room temperature for one hour before shaping into crust, adding toppings and baking.

Moral AI and how we get there 

By Jana Schaich Borg, Walter Sinnott-Armstrong, Vincent Conitzer

Are you an AI optimist or pessimist? Most AI discussions focus on whether AI is good or bad for us. This thoughtful book, written by a philosopher, a data scientist and a computer scientist, instead dissects the idea of moral AI. 

How does AI interact with basic moral values, such as safety, equality, privacy, freedom, transparency and avoiding deception (deepfakes)? The authors posit that, as it’s inevitable all AI will have morally relevant effects, decisions about AI systems that will have moral consequences ‘should be made intentionally and thoughtfully, rather than by accident or default’. As they highlight, ‘moral AI is neither solely a technical problem nor solely an ethical one’.

Chapters look at the moral and ethical questions around whether AI can be safe, respect privacy, be fair, incorporate human morality and whether AI (or its creators and users) can be held responsible for things that go wrong. 

This is a clearly written and thought-provoking discussion about how, unless we reflect carefully, as a society, about the values we want to imbue into AI, we run the risk of replicating negative human traits and biases into AI. It’s critical we have a moral framework in place, especially as there will be unknown scenarios in the future to grapple with. 

One problem with developing moral AI is no one person or organisation is responsible for developing AI. The three stages – algorithms, models and products – are made by different people and teams, and mostwill have no contact with each other. With are ‘no metrics for ethics’, ethical concerns can be viewed as obstacles to progress, particularly if AI teams are under pressure to develop new products quickly.

The authors conclude with some calls to action to implement moral AI, including scaling moral AI technical tools, disseminating practices that empower moral AI implementation, providing moral systems thinking training, engaging civic participation and deploying agile public policy. Where AI goes to from here will depend on the decision-making and intelligence of both humans and AI. 

Melinda Woledge, Marketing & Communications Manager

We were delighted to attend a seminar hosted by IPAA, where the Victorian Ombudsman (VO) Marlo Baragwanath reflected on the importance of integrity, leadership and transparency towards the maintenance and promotion of public trust in government organisations.

Appointed to a 10-year term in March 2024, the VO outlined that some of her priorities include the efficient implementation of high-volume decision-making, discharging these obligations legally and humanely and increasing transparency surrounding complaints handling processes. By fostering a system that is citizen-centric, easy to navigate and efficiently handles complaints, the VO hopes to increase public trust in government organisations – which she identified as being one of the biggest challenges facing governments across the globe. 

We were most struck by the VO’s invitation to individuals and organisations to engage proactively with the VO. The VO hopes that, by encouraging open and transparent interactions and maintaining a constructive relationship with individuals and agencies within the public sector, public servants will be better able to meet community needs and expectations. 

We also learnt that a key priority will be complaints handling that follows robust internal policies and procedures, staffed by experienced and qualified staff, and supported by periodic reviews that consider the system’s performance. 

The VO will shortly be releasing an updated best practice complaints handling guide, so agencies should watch this space and consider their policies in light of the VO’s.

Sana Boparai, Lawyer

Hall & Wilcox sponsored the Australian Human Rights Commission’s (AHRC) ‘Free + Equal’ Conference (Conference), a two-day event attended by over 700 people from across Australia. Just before the conference, a Parliamentary Joint Committee recommended implementing  a federal Human Rights Act. 

Why should Australia have a Human Rights Act?

While Australia is a signatory to all the United Nations human rights treaties, the majority of its international commitments have not been implemented domestically, and Australia is the only liberal democracy that does not have a federal Human Rights Act or similar. 

More comprehensive human rights protection has been introduced at the state and territory level.  Human Rights Acts exist in Victoria, the Australian Capital Territory and Queensland  but these Acts do not provide protection of all the human rights included in international treaties; only the ACT Act allows for a direct cause of action. 

The implementation of a federal Human Rights Act would provide protection of human rights at a federal level. 

How would it work?

The Australian government is not required to consider human rights obligations in decision making. The AHRC has proposed an Act built upon a ‘legislative dialogue model’ requiring the legislature, executive and judiciary to share the responsibility for respecting and protecting human rights. The proposed legal framework sees each branch of government as having a distinct role, in line with their ordinary functions. 

Broadly speaking, a federal Human Rights Act would create a ‘positive duty’ for each branch of government to consider human rights when making decisions. This   would embed transparent, human-rights based decisions as part of public culture, preventing breaches of human rights from occurring in the first place. If human rights are breached, the model requires that a remedy is available for affected parties. 

A Human Rights Act would bring human rights ‘home’ and ensure that international human rights obligations that Australia has already ratified would be implemented in our laws, policies and government decision-making. 

Nathan Kennedy, Partner, and Lily Wilson, Law Graduate