Public Law – Issue 23

I write this on the Sunday night entering the final working week of the year, enjoying the Christmas lights and anticipating the holidays.  

As I reflect on the year that was, the message I carry into this holiday season is one my late aunt taught me: to love life. To first see – and then to savour – the small moments of joy in every day.  

I rode my horse today and savoured the warmth of the sun, the breeze and the country view. When I came inside, my riding ‘high’ quickly faded when I saw the countless chores surrounding me. But as it so often does, my aunt’s lesson came back to me. What she wouldn’t give to have had more time, whether it was to do chores (or as she saw cleaning, making her house look beautiful) or to delight in a simple cup of tea with her husband. These are the things that make up a life, in all its rich tapestry.

This holiday time, my wish for you is that you see the joy everywhere and, amidst whatever mayhem is happening, savour it.

As the Croatians say when honouring the memory of those who have passed, živjeli. Let’s live!

I love compiling my summer holiday reading list, carefully choosing what to pack and what to leave behind. Too often I plan to read the 500+ page book I’ve been putting off all year but end up preferring a shorter book that can be read between beach visits and afternoon G&Ts. 

Here’s what’s on my list. Hopefully one of these choices will feature in a Public Law book review in the new year! 

Page-turning crime novels are always in my beach bag. Having already read and loved The Valley by Chris Hammer, I’ve chosen The Ledge by Christian White, and can’t wait to continue the Inspector Gamache journey in Louise Penny’s latest, The Grey Wolf. The British Library Crime Classics, a reissued series of British detective stories from the Golden Age of crime, are a comfort read, so I may tuck in one or two of those. 

Despite being in the wrong hemisphere to fully relate, I always enjoy dipping into Nigel Slater’s The Christmas Chronicles each year, as I adore his sublime, lyrical writing. There’s no recipes in his latest, A Thousand Feasts, but I can’t wait to immerse myself in this collection of stories and memories. 

After listening to an interview with author Sonia Purnell on Radio National’s Late Night Live, I’m keen to read Kingmaker: Pamela Churchill Harriman’s astonishing life of seduction, intrigue and power. Two other non-fiction novels high on my list after hearing compelling author interviews are Australian Gospel by Lech Blaine and How the world ran out of everything: inside the global supply chain by Peter S. Goodman.

As it’s likely I’ve overestimated my appetite to read non-fiction in summer, I’m packing some lighter stuff. I love the premise of The Wedding Forecast by Nina Kenwood, am keen to finally enter into the Crescent City world of Sarah J. Maas, and will travel to 9th century France in Rapture by Emily Maguire and 19th century Tasmania in Dusk by Robbie Arnott. I’m also eagerly awaiting the release of Onyx Storm by Rebecca Yarros, the third book in the Empyrean series. If you haven’t yet joined in the hot publishing trend of romantasy, you can read Fourth Wing and Iron Flame over summer and be ready for the next blockbuster when it is released on 21 January 2025.

Mel's top 5 summer reads

1. Rapture 

2. Ledge

3. Australian Gospel 

4. A Thousand Feasts

5. Fourth Wing

Melinda Woledge,
Marketing & Communications Manager

Denise Thomas, the Chief Operating Officer at Royal Rehab, is an accomplished C-Suite executive and has held senior executive roles across health and disability in public, private and not for profit sectors. Denise is a Registered Nurse, and holds a Bachelor of Health Management (UNE) and Master of Health Law (Sydney).

Royal Rehab Group is a not-for-profit specialist rehabilitation, disability and health and wellbeing provider operating in Queensland, NSW and Victoria. Established in 1899, Royal Rehab group is highly regarded for its commitment to innovation, research and client-centred care.

Partner Alison Choy Flannigan chatted with Denise about her career. 

Tell us about your career

I began in nursing, initially following a fairly typical path in hospital management. I was selected for an executive development program in the private healthcare sector with Health Care of Australia. This defining point in my career provided me with on-the-job training and exposed me to hospital leadership.

I held various executive and CEO roles, eventually leading to me managing a privately owned and independent rehabilitation hospital. This period was an incredible learning experience and a true test of my capabilities, as I operated the hospital business without the support of larger organisational teams such as HR, marketing, and IT. I served as the CEO of Metro Rehab Hospital for about 12 years until it was acquired by Royal Rehab in 2019, and in 2021 I was asked to take on the role of Chief Operating Officer.

Can you tell us about Ryde’s cutting-edge rehabilitation facilities? 

The campus at Ryde, which includes both health and disability services, is also home to our specialty Spinal and Brain Injury Rehabilitation services, which we operate on behalf of the state in our capacity as an Affiliated Health Organisation. We also have the RR LifeWorks Advanced Technology Centre, a world-class facility housing over 25 pieces of the latest technology and robotics, including body weight support systems, upper and lower limb robotics, communication devices, gaming, and Virtual Reality.

An example of one of the technologies we have is exoskeletons, which allow people to mobilise who would otherwise not be able to. Other technologies may enable greater intensity of therapy or provide real-time feedback using virtual reality in training. 

What do you love about your role? 

There are so many things I love about this work! Fundamentally, I am a nurse, and I entered this field because I am passionate about this environment, caring for others, and making a difference. I cherish seeing the positive impact we have on someone's life, whether they are a patient, client, or resident. I witness this every day and am fortunate to see firsthand how our work changes lives. I am constantly in awe of what our team accomplishes, and this is what energises me. There is always something different in this role, whether it's an opportunity, a service need, a new location, or a business venture. 

What is the most challenging aspect of your role? 

Our business spans public health, private health, and disability sectors. We are constantly adapting, innovating, and responding to change while keeping our people at the forefront. Our industry faces many challenges, and the real test is how we lead and communicate through these times. We know we need to respond quickly and make swift decisions, but we must always remember there is a person at the end of those decisions and consider the impact on them.

What do you do to unwind/ have fun?

Getting to the water is really important to me. I’m going to take a crack at the 75 ocean pools across Australia, starting in New South Wales. I find the water very healing and calming. I really enjoy exercise. Whether it's a bush walk or an exercise program, staying active helps me to unwind.   

How can you keep your team motivated?

Our team is motivated by the work that we do, because of our purpose. Our people are resilient, and they need to be in these environments. This resilience energises everyone to keep going.

What’s on the horizon for Royal Rehab? 

Like any organisation, we face challenges of adequate funding, skilled workforce shortages, escalating clinical workforce costs, and working in regional areas. Innovation and technology is key to help us address these challenges. We need to constantly review what we have done in the past and see if there is a better way to do things. I believe all organisations need to do this to continue growing. We need to adapt to the environment we are in. People have an expectation of care and support being provided in different ways now and we need to respond 
to that.

AI is certainly on everyone’s radar. We particularly need to explore ways to free clinicians from administrative burdens so they can spend more time with patients and clients.

What advice would you give young health managers? 

When I was a young student nurse, 
I was once told that I was asking too many questions. Little did I know at the time that this would become one of my superpowers. My advice is to be open to opportunities, be curious, and have an inquiring mind. Be prepared to fail and follow your passion. 

Any tips for our readers for the holiday season? 

My holiday tip for busy people is to keep it simple! The best holidays are often the simplest. That’s what we are doing this year – keeping it simple. I’m enjoying two books: Surf When You Can by Brett Crozier, which was given to me by my son, and Wifedom by Anna Funder.

Alison Choy Flanningan
Partner 

Environment and Planning: Meg Lee, Partner

Alan Kohler described it as a ‘blizzard of announcements’ on housing and planning reform in recent times by the Minister for Planning and he was right. 

It has been a huge year of change in the planning and environment space, with multiple reforms and reviews in progress of the main legislation and planning controls, not to mention Plan for Victoria due to be released by the end of the year.

After 25 years in practice, it has been the biggest year yet of reform! It keeps me on my toes and means that my job is never boring and continues to inspire me. 

Administrative Law: Michelle Harradine, Associate

In October 2024, the much-anticipated Administrative Review Tribunal (ART) 

finally kicked off, replacing the old Administrative Appeals Tribunal. This was a huge change for administrative law practitioners, leading to updates in more than 138 Commonwealth Acts. We're excited to help our clients navigate the ART proceedings and handle judicial review applications of ART decisions in the new year. Read some of the key changes in an article on page 12. 

Property: Jennifer Degotardi, Partner

Lease deals are becoming trickier, and tenants are seeking to renegotiate their terms. Increased insolvency cases and courts extending appointment periods are causing headaches for landlords who can’t regain possession of their premises and who are unlikely to recover unpaid rent. 

Privacy and Data Protection: Alison Baker, Partner

With data breaches on the rise and big changes in privacy laws coming, organisations are focusing on stronger privacy measures. This has led to the implementation of more specific and tailored collection and consent notices, conducting Privacy Impact Assessments for projects involving personal data, and the preparation of Data Breach Response plans and Data Retention and Deletion policies. As privacy laws get stricter, staying on top of privacy compliance will be crucial in 2025 and beyond. 

AI & Legal Operations: Lisa Ziegert, Director

Over the past year, more organisations have jumped on the generative AI bandwagon to boost efficiency and handle routine tasks. With a growing number of AI tools available, these organisations are showing how AI can be a game-changer, while also highlighting potential risks. Although there’s not been widespread adoption of generative AI as yet, legal teams are increasingly finding it useful for everyday tasks such as summarising documents, reviewing contracts, and answering frequently asked questions through chatbots. This trend highlights that AI is becoming a valuable tool in various professional fields including the legal industry, offering both benefits and challenges that need careful consideration. 

Dispute Resolution: Julian Hammond, Partner

Managing and potentially ending contracts with service providers to the Government (whether Commonwealth, state, or local) has kept my team and me on our toes this year! Whether due to inflation or post-COVID issues, many of my clients have had to closely monitor service providers' performance and, in some cases, terminate major contracts. Managing underperformance requires close collaboration between the contract team, in-house legal and external lawyers – early engagement will produce the best results! 

Insolvency: David Dickens, Partner

In 2024 more companies in Australia faced insolvency. The small business restructuring scheme, introduced during the COVID lockdowns, gained in popularity after a very slow start. Early specialist advice and prompt action when dealing with a financially troubled counterparty remains critical. 

Employment: David Catanese, Partner

Understanding and implementing legislative change, such as closing loopholes, was a high priority in 2024. For many state public sector bodies, this involved identifying the changes that didn’t apply and adjusting policies and processes as required, especially regarding psychosocial risks in the workplace. 

We hosted a panel discussion for Committee for Melbourne and Suburban Rail Loop Authority (SRLA), where attendees had the opportunity to hear from SRLA Chair James Merlino, CEO Frankie Carroll, and Executive General Manager of Land, Planning, Environment and Sustainability Lissa van Camp. The panel was moderated by Partner Catie Moore. 

Now the country’s most populated city, Melbourne grapples with growth challenges and questions around housing affordability, liveability, and social and economic productivity. Suburban Rail Loop is part of the forward-thinking ethos to accomodate the city’s growth. ‘The most recent estimates have Victoria’s population already at seven million. We’ve reached that number earlier than expected. This underscores the urgency for us to manage our growth strategically and sustainably, because by the 2050s we’ll be the size of London today. We need a modern public transport system to support close to 12 million daily trips,’ said James Merlino.

Lissa van Camp spoke about the history-making all-women tunnel boring machine (TBM) crew who’ll be working on the east twin tunnels. Nearly 900 women applied to be part of this world-first female-cohort initiative. The pioneering team will comprise approximately 25 highly skilled positions, including TBM operators, gantry and segment crane operators, grouters, and various support roles. Following the strong response, applicants not selected for the TBM crew may be considered for other positions within the project. 

It was recognised that many generational change infrastructure projects, whether rail or road, face strong opposition in the planning phase. The panel spoke about what they had learned from other transformational infrastructure projects, both national and international, to ensure Suburban Rail Loop meets the needs of Melbourne’s growing population. 

As Melbourne continues to expand, the delivery of this major project will no doubt be transformative of how Melbournians live, work and play. 

The Local Government NSW (LGNSW) Annual Conference is an annual event that brings together councils and their service providers to share ideas and discuss critical issues affecting local communities. It offers geographically dispersed councils a chance to come together to explore and share ideas. 

At this year’s conference in Tamworth, important topics discussed included local government finance, cyber security, building thriving communities, and leadership.  Our team – Maurice Doria, Albert Ponte, Silvana Brcina, and Rachel Bonic – enjoyed connecting with council representatives and hearing first-hand about the key issues and solutions they are implementing at the local government level. 

Highlights from the speakers included innovative work in sustainable materials, challenges and opportunities in local government finance, strategies to create vibrant communities and a keynote speech on leadership and resilience from former Australian netballer Liz Ellis AO. 

Employment lawyers are inundated with their annual requests for support and advice following incidents at festive celebrations. Here’s our snapshot to survive the silly season. 

Employer obligations

Employers must ensure the health and safety of workers, including at events. This includes managing psychosocial risks and preventing sexual harassment, which has a propensity to rear its ugly head this time of year. 

Employers have a positive duty to eliminate sexual harassment at work. In practical terms, an employer must take reasonable and proportionate measures to eliminate sexual harassment in the workplace, rather than merely being reactive. 

Workplace boundaries

Disciplinary action can still be taken against employees, even if misconduct occurs outside office hours or after an official work event ends.

There have been cases where employees have had their employment terminated for incidents, such as sexual harassment, that occurred hours after an event ended. 

When it comes to where the workplace begins and ends, the line may be less than clear. Employers should understand that if workers ‘kick on’ this may be considered an extension of the work event.

To help mitigate these risks, employers can be proactive and hold shorter events, earlier in the day and with a clearly communicated end time.  Additional measures such as offering transport home and supplying entertainment and plenty of food so that the event doesn’t center on drinking and heavy partying. 

Setting clear expectations

Employers should clearly communicate expectations before events. These include explicitly setting out the employer’s expectations around behaviour, function end times, responsible consumption of alcohol and what role leaders play. This will aid to reduce the risk the offending behaviour will occur, and assist with a defence against vicarious liability.

How to reduce your risk

• Remind employees of expectations and refer to relevant policies and procedures. 
• Offer and regulate responsible consumption of alcohol, as a disproportionate amount of misconduct at work events involves alcohol. 
• Consider daytime or non-alcohol-focused events. 
• If alcohol is to be served, ensure there is plenty of food and non­alcoholic beverages on offer also. 
• Assign a responsible person to oversee the event. 
• Remind employees of their obligations, by offering refresher training on respect at work laws. 

Clare Kerley, Partner

It’s time to tap out and tune out. Here are some recommendations from our team to help you make the most of your time off this holiday season. 

Meg Lee, Partner & ESG Co-Lead, Environment and Planning

Having just returned from three weeks in Italy, my latest favourite place is Sardegna! A beautiful unspoilt Italian island, great for hiking along the coastal tracks or taking a boat around the inaccessible coves and cliffs, wonderful food, and not many tourists.  (Sshh, don’t tell anyone else!) 

Rachel Bonic, Lawyer, Property and Projects 

Table Manners with Jessie and Lennie Ware podcast. You can expect a cosy and engaging conversation where celebrities such as Saoirse Ronan, Kate Winslet, and Kylie Minogue share their thoughts on food, family, and life. Each episode is filled with warmth, humour, and plenty of delicious food talk. 

Julian Hammond, Partner, Dispute Resolution

I recommend a good Australian book Wildflowers by Peggy Frew, or The Opposite of Success by Eleanor Elliot Thomas. I have to admit I loved the series Rivals on Disney+. It is highly watchable, well-acted, complete and utter trash (based on the romping Jilly Cooper book from the 1980s). 

Nicholas Beech, Special Counsel, Employment

I am really enjoying the TV series called The Day of the Jackal. It is pure escapism with an intense plot, super acting and buckets of style. If only The Day of a Lawyer was as riveting. 

Alison Baker, Partner, Employment

For an easy-to-watch and comedic take on Australian legal practice and life in general, I recommend the TV show Fisk, starring Kitty Flanagan. 

Nicola Johnson, Partner, Dispute Resolution

Sweatpea is a British dark comedy series. It’s on Foxtel and just six episodes so very easy to binge! 

Jessica Swane, Legal Assistant, Corporate and Commercial

I recently went to Aitutaki in the Cook Islands on my honeymoon. Imagine crystal blue waters, gorgeous sunsets and cocktails in hand. Highly recommend for an NSW getaway! 

Sophie Roberts, Special Counsel, Dispute Resolution

If you love history and art and can’t decide where to go on your next holiday, consider India. It can be chaotic and unpredictable, but there are unexpected delights around every corner. Aside from blockbuster attractions like the Taj Mahal in Agra, you will find stunning hand-painted designs virtually everywhere and shopping at the bazaars in Jaipur is like going on a treasure hunt. 

Lisa Ziegert, Director, Client Solutions

A great day trip is heading to the beautiful Dandenong Ranges for a bushwalk, followed by a leisurely brunch at the cosy Proserpina Bakehouse for good coffee, delicious pastries and other tasty treats, then browsing gift shops in Sassafras. 

Hinal Mandalia, Law Graduate

I really enjoyed the Once Upon a Broken Heart book series! Anywhere tropical is a nice holiday destination. I’m going to Langkawi for the first time in December and looking forward to it! 

Isabella Gillam, Lawyer, Statutory Insurance

An audio book that I’ve been listening to called Why We Sleep by neuroscientist Matthew Walker. Also I recommend a podcast called As Per My Voice Note, hosted by two Hall & Wilcox lawyers, Tracey Hoffman and Pragya Sharma. 

Lindsay Stevens, Associate, Property & Projects 

My recommendation is a novel, Good Material by Dolly Alderton. This book is funny, witty, insightful and I found myself invested in the characters very quickly. 

In one of the most significant and exciting administrative law reforms in decades, the Administrative Review Tribunal (ART) commenced on 14 October 2024, replacing the Administrative Appeals Tribunal (AAT).

Key changes 

There are a number of important differences between the now repealed Administrative Appeals Tribunal Act 1975 (Cth) (AAT Act) and the new Administrative Review Tribunal Act 2024 (Cth) (ART Act), namely: 

• The AAT Act allowed only ‘lawfully authorised’ persons to make decisions, whereas the ART Act operates so that a decision is reviewable even if it is made by a person without lawful authorisation or delegation. 
• ART Act allows now for an application for review to be made in writing or in any other manner specified in the practice directions. Significantly, the Common Procedures Practice Direction 2024 permits an application for review of a social security or disability decision to be made by telephoning the registry, reflecting the ART’s recognition of the importance of accessibility. 
• The ART Act has introduced a new provision that permits the appointment of a ‘litigation supporter’ where a person does not have decision-making ability. Section 67 uses the term ‘decision-making ability’ instead of ‘capacity’ or ‘understanding’, consistent with the recommendations of the Disability Royal Commission. 
• Unlike section 42A(8)-(11) of the AAT Act, the ART Act permits the ART to reinstate an application ‘on its own initiative’ if it considers that the application was dismissed in error. 
• The ART is now permitted by section 103 of the ART Act to make a decision by consent if the parties agree to the proposed terms and the proposed decision is lawful (in that the ART has the power to make it), without considering whether it is ‘appropriate’ to make the decision.
• Part 5 of the ART Act introduces the Guidance and Appeals Panel (GAP), a mechanism for the President to refer matters involving significant issues or errors for further review. The GAP aims to promote consistency in decision-making and respond to emerging issues. 

Conclusion

The introduction of the ART is more than just a ‘rebrand’ of the AAT; it is the introduction of a mechanism of review that is more uniform, transparent and fit-for-purpose. The ART is crucial in safeguarding the rights and interests of our community members, and in ensuring that the government and public service operate within legal boundaries. 

Michelle Harradine
Associate 

In January 2025, the Melbourne team will be moving just up the road to Queens & Collins. This iconic Melbourne location, with its rich history dating back to the 19th century, perfectly aligns with our firm's rich heritage. Hall & Wilcox is excited to invite our clients to various training events in the New Year. 

Our Sydney office recently hosted a Gender Equitable Briefing networking event. 

We heard from keynote speaker Tracey Spicer AM. Tracey’s latest book about artificial intelligence, Man-Made: How the bias of the past is being built into the future, provides a breakdown of the history of AI and reveals the many biases that remain embedded in technology. It was a rare treat to have Tracey join us to share some of the key insights gained from writing the book. 

The event was a wonderful opportunity to strengthen relationships between the firm and Sydney‑based women barristers. 

We continue to foster these important connections and remain focused on helping shape a legal profession that values diversity, inclusion and equal opportunity for all. 

See our full review in Issue 18. 

Tracey Spicer 

Senior Commercial Counsel Peter Jones shares a summer favourite dessert. The fruity flavours of this recipe intensify upon roasting, leaving the kitchen smelling sublime. Great to take along to any parties. 

Ingredients

24cm thin disk of rough puff pastry

500g apricots

80g caster sugar

40g butter Whipped cream, creme fraiche or ice cream to serve. 

Method 

Preheat oven to 200 degrees (fan-assisted). 

De-stone and halve enough apricots to snugly fill the base of a frying pan (or similar). 

Heat the frying pan (medium heat) and melt 40g butter in it. 

Place apricots in the pan, cut side down. 

Sprinkle in 80g golden caster sugar. 

Heat for a few minutes until the sugar melts to a sticky sauce (jiggle the pan so the sugar, butter and apricot juice combine) 

Turn the apricots over, then take the pan off the heat and cut a sheet of butter puff pastry a little bigger than your pan. 

Lay the pastry over the apricots and tuck the edges in all round the pan. 

Beat one egg and brush the pastry with it, then prick the pastry a couple of times with a fork. 

Place in the oven for about 25 minutes until the pastry is golden and crisp. 

Allow to cool for about 5 minutes, then turn the tarte out and serve with your choice of whipped cream, creme fraiche or ice cream to share. 

I enjoy problem solving and this is one of the main reasons that I am attracted to being a lawyer.

Zeng recently joined Hall & Wilcox and his appointment aligns with our strategy to continue to build our capability and expand our market share with the Whole of Australian Government (WOAG) Legal Panel. Zeng is a highly regarded public law practitioner with recognised expertise in the areas of FOI / information release and privacy. 

Alison Baker, who leads our privacy practice in Victoria, sat down with Zeng to hear about his exciting appointment. 

What inspired you to pursue law as a career? 

My late grandfather was a lawyer, and I was always intrigued by the work he did and the cases he worked on. I also come from an Asian family, so my options were either to be a lawyer or a doctor and I did not want to be a doctor. 

Tell us about your new role as the lead for the national Commonwealth FOI/information release and privacy practice. 

One of our main goals is to grow and expand the Commonwealth government practice, particularly in Canberra. Government clients want to do business with someone they can see and interact with face to face. That's why I was delighted to join Hall & Wilcox's Canberra office, and be part of the vision of expanding our presence in this state. 

What are you most looking forward to in this new role?

I am keen to grow the information and privacy practice, particularly in the digital transformation and FOI space. There are many opportunities and challenges, especially considering the recent privacy reforms and how both government and the private sector are grappling with the use of AI. It is crucial to understand what guidelines and safeguards need to be in place to assist in the development and implementation of AI, particularly around compliance. 

Following the Robodebt Royal Commission, there is a need for increased transparency and accountability, especially in how government adopts privacy and digital transformation. We have an opportunity to present a full-service delivery to our government clients, as trusted advisors in the privacy space. We not only make recommendations but also assist in facilitating their rollout. 

What do you usually do to relax?

I have two young children, and they take up a lot of my downtime. I enjoy watching sports such as APL or NBA highlights, which gives me a break from work. I’m late to the party but have started watching Ted Lasso. Work can be stressful, and it’s great to watch something light-hearted. We enjoy spending time outdoors, camping, hiking, going to the beach, or having a picnic. 

Could you share some holiday tips with our readers?

Well, unsurprisingly, we are going camping! We are continuing an annual tradition of camping with friends over New Year's. My secret tip: carry lollies for the kids and find caffeine for the adults. 

To close off the holiday season, we will also be in a national park after our camping trip. We’re quite excited to be going ‘off grid’ in an area we haven’t been to before, where we can go exploring. It’s also within walking distance to the beach and has a nice little coffee shop (I’ve made sure to check!).

We wish you a safe and happy holiday season