Government

Government


As a proud West Australian firm, we have provided legal services to the government throughout our 90 year history. We offer a dedicated team that has extensive experience working for or with government and private sector organisations that work closely with government. Our team offer advice on the core areas of government legal services and consistently deliver and manage matters in a timely manner.

Our lawyers understand the legislative requirements and the complexities of working with government, and have experience working with public servants, ministers, parliamentary committees, departments and government agencies. 

Our lawyers combine established public sector legal service with wide-ranging private sector commercial and transaction experience to deliver first class advice.

We understand that the public sector operates under strict policies and procedures. We are committed to provide value-added advice to our government clients regarding governance issues to ensure that public sector objectives are achieved and resources are used responsibly and accountably.

Our core capabilities in Government include:

  • Commercial transactions

  • Infrastructure projects

  • Public governance  

  • Freedom of information

  • Judicial review and merits review 

  • Coronial inquiries

  • Employment law 

  • Statutory interpretation 

  • Privacy

  • Intellectual property. 

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Our government experience includes the matters noted below. For a comprehensive outline of our experience and further details of our capabilities please contact us.

  • We advised two State government departments regarding the legal framework in which they operated including issues regarding delegation of power and the legislative process.

  • We acted for a port authority in negotiations with a maritime union regarding a new enterprise agreement for a large portion of its workforce. Meeting with the union representatives and providing detailed responses to the claims resulted in a negotiated outcome.

  • At the invitation of the Treasurer of Western Australia, our leading taxation partner, Jonathan Ilbery, chaired a committee which reviewed the State taxation system and resulted in new legislation. 

  • We advised a State agency regarding its obligations under the Privacy Act with respect to the retention, use and disclosure of records containing personal information concerning a private sector service provider. 

  • We advised the State regarding taxation issues and the structuring of two of the largest commercial transactions undertaken in Western Australia, namely, the privatisation of the State’s interests in the Dampier to Bunbury Natural Gas Pipeline and AlintaGas. 

  • We acted for a State authority and a private entity jointly proposing the construction and operation of a health campus facility. We advised on all aspects of the construction procurement, construction contract which was based on heavily modified AS2124. 

  • We acted for a State agency on multiple projects where we prepared construction contracts for various health and education facilities. We were involved at an early stage preparing the tender documents, including all schedules, and assisting with tender queries. 

  • We acted for the State on a large public infrastructure construction and management tender for a marine complex. We assisted the State to manage the project from first conception to completion.

  • We advised a State agency on corporate structure and operational issues regarding a technology centre and in so doing drafted documents such as shareholder agreements and provided constitutional advice.

  • We advised a State agency involved in regulating the wholesale energy market on copyright issues in relation to information technology products. We also devised a framework to assist in the further development of proprietary software.

Peter Walton

Partner

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Richard Sandover

Partner

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Isla McRobbie

Partner

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Elizabeth Tylich

Partner

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Colette Davies

Special Counsel

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  • 3 June 2016

    Work Health and Safety in WA: Have your say - public comment now open

    On 1 June 2016, Worksafe WA released a discussion paper on its review of the model Work Health and Safety Regulations and consequent recommendations.  Western Australians now have until 31 August 2016 to comment on the proposed regulations before the State Government determines its final position.

     

    Authors: Renae Harding, Stephen Kemp

    LINK 18 Bytes

  • 3 December 2014

    Government’s response to the review of the Liquor Control Act 1988

    Background

    In 2012, the Government established an independent committee to undertake a review of the Liquor Control Act 1988 (Act) and Liquor Control Regulations 1989 (Regulations).   The review was presented to the Minister in January 2014 and contained 141 recommendations.

    On 18 November 2014, the Government responded to each of the Committee’s recommendations.  Below is a summary of the major amendments that the Government proposes to make to the Act and Regulations.

    Author: Richard Sandover

    LINK 42 Bytes

  • 10 September 2013

    Registration as a charity and with the Australian Charities and Not-for-profits Commission

    Registration as a charity is voluntary however, for many organisations, being endorsed by and registered with the ACNC as a charity is necessary in order to access tax concessions.

    Authors: Adam Levin, David Murphy

    Download PDF 447 Bytes

  • 10 September 2013

    Statutory Definition of Charity

    The statutory definition is part of the government’s not-for-profit (NFP) reform agenda to strengthen and sustain the NFP sector.

    Author: Adam Levin

    Download PDF 267 Bytes

  • 28 July 2013

    Local Government Reforms

    Local Government Minister Tony Simpson MLA announced the State Government’s plans for metropolitan local government reform today, ending more than 12 months of speculation.

    One of the reforms which has and will continue to attract the most attention is the significant reduction in the number of local governments in the Perth metropolitan region through amalgamations and boundary realignments. Minister Simpson confirmed that the number of metropolitan local governments will be reduced from 30 to 14 in a process that is expected to be completed by July 2015.

    Author: Lance Hilton-Barber

    Download PDF 551 Bytes

  • 23 July 2013

    Fees and charges do not affect the charitable status of not-for-profit aged care

    The State Administrative Tribunal has delivered another decision in favour of the charitable nature of not-for-profit aged-care and retirement villages, confirming that this applies even where entry fees and ongoing fees are charged thatproduce a surplus of income over expenses, provided the surplus is not utilised by way of private profit.

    Authors:

    Download PDF 518 Bytes

  • 25 May 2012

    Jackson McDonald 5th time Perth Law Firm of the Year

    Jackson McDonald consolidated its position as the leading West Australian law firm when named Perth Law Firm of the Year at the 2012 ALB Australasian Law Awards in Sydney on 24 May 2012.

    It is the fifth year out of six that Jackson McDonald has won this prestigious award.

    Authors:

    Download PDF 304 Bytes

  • 10 January 2011

    Doing Business in Asia Pacific

    Jackson McDonald is a proud member of Globalaw and has assisted in the development of this guide.

    Authors:

    Download PDF 4 Bytes