Rohan is an experienced solicitor advocate who specialises in public administrative law advice and litigation services for various government clients including the Departments of Home Affairs, Defence and Foreign Affairs and Trade, Social Services, and Services Australia.
Rohan’s knowledge of and commitment to government and public life is most clearly demonstrated by his almost 30 years’ service as a Legal Officer with the Department of Defence in both a permanent and specialist reserve capacity. He has acted as a prosecuting and a defending officer in summary trials, Defence Force Magistrate proceedings and courts martial and has advised Defence command and members on all aspects of administrative law.
Rohan has conducted judicial and merits review proceedings for major Commonwealth departments and agencies for well over two decades. He has extensive experience in conducting volume litigation in the High Court, Federal Court, Federal Circuit and Family Court and the Administrative Appeals Tribunal, as well as conducting major Royal Commissions and inquiries. He understands the obligations and responsibilities set out in the Legal Services Directions and in particular the requirement to act as model litigant and has delivered several presentations on the topic.
- Conducted judicial and merits review litigation, statutory interpretation, public law advice, policy development and implementation and access to information for multiple Commonwealth departments and agencies.
- Advised on a broad range of decisions and actions under the Migration Act 1958 and on administrative law concepts such as jurisdiction, standing, procedural fairness and when an administrative decision is functus officio
- Advised on sound decision-making processes, complex issues of statutory interpretation and implementation of policy.
- Assisted Finance delegates resolve longstanding matters concerning the waiver of debt (s 63 of the Public Governance, Performance and Accountability Act 2013 (PGPA Act)) and “act of grace” (s 65 of the PGPA Act 2013) powers.
- Regularly appeared on behalf of the Secretary, Department of Social Services and the Child Support Registrar, in applications for review before the AAT and appeals to the Federal Court.
- Reviewed and advised on hundreds of FOI requests involving complex and serious non-compliance matters.
- Conducted high volume debt enforcement litigation on behalf of the Child Support Registrar and also achieved 100% success rate in recovering and/or securitising debts for Centrelink.
- Providing national debt recovery services for Child Support and Centrelink programs.
- Appointed to conduct two Royal Commissions
- the UN Oil for Food Programme where he led the whole of Australian Government response, and
- the Home Insulation Program representing a former Departmental Secretary.
- No adverse findings were made for any of our government clients in the final reports of either Royal Commission. There were 29 proposed findings and conclusions considered potentially adverse in the draft Report of the Home Insulation Royal Commission but given the submissions prepared by Rohan’s team, none were made in the final Report.
- Appointed the Senior Solicitor on the Haneef Judicial Inquiry where the investigative work enabled him to advise government on ways it could improve its interoperability.
- Appointed to conduct various statutory inquiries for Defence
- Prepared a guide explaining what the various statutory provisions mean and how to apply them to ensure the statutory non-disclosure power is validly exercised
- Provided recommendations on matter strategy including prearing evidentiary evidence for a public interest immunity claim and whether to file affidavit with any sensitive information contained in a confidential exhibit.
- Advised on issues that address the requirements of the Privacy Act and relevant provisions of the Migration Act, Australian Border Force Act and the secrecy provisions in the Child Support (Registration and Collection) Act
- Prepared a manual for Departmental officers about issuing non-disclosure certificates under the Migration Act which addressed several issues arising out of decisions of the Full Court of the Federal Court in relation to the issuing of these certificates and their validity.
- Represented the Minster for Immigration in four coronial inquests before the NSW State Coroner, resulting in no adverse findings being made. This involved interviewing 15 department officers, preparing submissions and advising on Departmental policy and procedures in connection with the recommendations.
- Advised and appeared in enforcement proceedings for Services Australia obtaining orders for payment of debts owed to the Commonwealth and, in default, orders for the seizure and sale of property.
Rohan has worked with the Department for over 23 years. He has advised and represented the Minister of Home Affairs in thousands of contested matters in the Federal Circuit and Family Court, Federal Court and Hight Court of Australia, and in the AAT/ ART.
He has conducted approximately 20 High Court contested matters with a 100% success rate. Of note, are these two examples:
- Successfully represented the Minister in a seminal case on state protection resulting in a unanimous judgment of the High Court in Respondents S152/2003, which clarified the nature and scope of the protection to be afforded by a State to its citizens.
- Successfully defended the Minister in a special case before the High Court in Plaintiff M79 of 2012 which unanimously held that the Minister’s power to issue Safe Haven visas to detainees was validly exercised thereby preserving the integrity of tens of thousands of visas.
- Advised on the interpretation of various provisions and phrases in the Department’s portfolio legislation and policy legislation and policy documents
- Advised and represented the Child Support Registrar in a series of cases where Stay Orders had been made that prevented our client from performing their statutory function to collect and enforce the payment of child support.
- Prepared draft decisions on more complex cases concerning the exercise of the waiver of debt (s 63 of the Public Governance, Performance and Accountability Act 2013 (PGPA Act)) and “act of grace” (s 65 of the PGPA Act 2013) powers.
- Acted on behalf of the Secretary, DSS in applications for review before the AAT and subsequently on appeal to the Federal Court.
- Prepare and assist the Tribunal to make the correct and preferable decision.
- Acted for the NDIA in hundreds of contested proceedings in the AAT and have expeditiously resolved a high volume of matters through the Tribunal’s alternative dispute resolution process.
Awards and Recognition
Best Lawyers in Australia
2010-2024 | Government and Public Law
2016 | Public Law Lawyer of the Year and Government and Public Law
Memberships
- Member of the Royal Australian Air Force Specialist Reserve from 1999 to 2024.