Past Seminars
Recent seminars presented by the VGSO.
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October 2009
On the Benefit of Borders: Current developments in intergovernmental relations
The National Reform Agenda has resulted in significant change in intergovernmental relations in recent years, particularly in the area of federal financial arrangements.
In our October seminar Rosemary Addis, Assistant Director, National Reform discussed the drivers of intergovernmental reform and emerging themes in intergovernmental relations, particularly as they relate to intergovernmental institutions. Alison O’Brien discussed recent High Court cases that can affect this landscape.
Seminar presentation by Alison O'Brien, Managing Principal Solicitor, VGSO
Seminar presentation by Rosemary Addis, Assistant Director, National Reform
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September 2009
Managing Information Under Government Contracts
In our September seminar, Isabel Parsons, Special Counsel, VGSO and Julie Savoie, Senior Policy Advisor, Public Records Office Victoria presented an overview of managing information under government contracts.
Seminar paper by Julie Savoie, Public Records Office of VictoriaSeminar presentation by Julie Savoie, Public Records Office of Victoria
Seminar presentation by Isabel Parsons, Special Counsel, VGSO
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August 2009
Freedom of Information —Section 34 and commercial information between government and the private sector
The role of modern government involves dealing and transacting with private sector companies in relation to provision of goods, services and delivery of major infrastructure projects. This commercial role invariably involves the exchange and receipt of confidential and commercially sensitive information between government and private sector parties.
Our August seminar looked at confidential commercial information and, in particular, the contractual rights and obligations of government in respect of commercially sensitive information when contracting with private sector parties and conducting requests for tender and the rights and obligations of government in handling confidential and commercially sensitive information under section 34 of the Freedom of Information Act.
Seminar paper by Joanne Kummrow, VGSO
Seminar presentation by Carolyn Doyle and Joanne Kummrow, VGSO
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July 2009
Whistleblowing in the Victorian Public Sector
Presented by John Cain, Victorian Government Solicitor and Dallas Mischkulnig, Director, Investigations, Ombudsman Victoria, our July seminar discussed the Whistleblower's Protection Act.
Dallas gave an overview of the Whistleblower's Protection Act and the role of the Ombudsman’s office. John followed up with discussion of the issues facing agencies when confronted with a whistleblower investigation.
Seminar Presentation by Dallas Mischkulnig, Director, Investigations, Ombudsman Victoria and John Cain, Victorian Government Solicitor
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June 2009
Part 1—Mental Illness, Suicide and Duty of Care: A Discussion of the Recent High Court case of Stuart v Kirkland-Veenstra
Part 2—Dealing with the Media and Avoiding Sub Judice ContemptobityThe first part of the seminar discussed the law relating to the imposition of a common law duty of care to exercise discretionary statutory powers.
The second part of the seminar discussed the branch of contempt that deals with public statements about a case before the courts.
Speaker notes by David Ryan, VGSO
Related newsletter discussing the Stuart v Kirkland-Veenstra case.
Related newsletter about Sub Judice Contempt.
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April 2009
Contract - Probity and Procurement in Government
At our April seminar, Sue Nolen, Assistant Victorian Government Solicitor and Andrea Hassett, Director of O'Connor, Marsden & Associates discussed probity and procurement in Government and what it means for the tender process. Also provided was an overview on what probity requires and the potential risks and legal liabilities that can arise for government agencies as well as practical guidance on managing the tender process effectively. Click below to access additional resources on these topics.
1. Contract - Probity and Procurement in Government paper by Sue Nolen
2. Seminar Presentation Slides by Sue Nolen and Andrea Hassett
3. Confidential Information Management Paper by Andrea Hassett
4. Conflict of Interest Management Paper by Andrea Hassett
5. Joined up Government - State Services Authority Working paper
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February 2009
Legal Professional Privilege and Government
This seminar discussed some key recent privilege cases (including independence for government lawyers) and a lawyer's duty of confidentiality. Presented by VGSO's Natalie Blok and Dr Rebecca French.
Seminar Presentation by Natalie Blok and Dr Rebecca French, VGSO
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November 2008
The Buttigieg gig: Administrative Law and its Impact on Government
Stuart Morris QC was the President of the Victorian Civil and Administrative Tribunal and a Supreme Court judge between April 2003 and May 2007. During his term as President, he oversaw substantial changes in the operation of the Tribunal. In the speech notes from this November seminar, Mr Morris shares with us his views on the impact of administrative law on the operation of decision making at the state government level.
Speech notes by Stuart Morris QC.
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October 2008
Charter of Human Rights - The First Six Months
An expert panel of Charter of Human Rights experts, including the Solicitor-General, examined the first 6 months of the Charter being fully operational, highlighting any relevant cases. The panel also answered participant questions. No seminar paper/presentation provided.
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August 2008
Constitutional Law & Commonwealth/State Relations
Is federalism dead? This seminar will explore the changes arising from the WorkChoices decision and the call for co-operative federalism. Noseminar paper/presentation provided.
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July 2008
Interpreting Legislation Under the Charter of Human Rights
Section 32 of the Charter of Human Rights requires the Supreme Court to interpret statues in a way that is compatible with human rights. This seminar paper discusses the possible changes that s32 will bring to statutory interpretation and examines relevant case law from other jurisdictions.Presentation by Dr Karin Emerton SC and Sky Mykyta, VGSO
Seminar paper by Dr Karin Emerton SC and Sky Mykyta, VGSO
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June 2008
Re-tendering and Transition of Government Contracts
This presentation provides scenarios and case studies from major projects which demonstrate the technical, operational and contractual issues that arise, particularly in concurrent operation of IT systems, data ownership and migration, and give practical guidance for managing a successful competitive tender process and transition.Seminar Paper by Carolyn Doyle, VGSO and Claire Fazakerley, Department of Transport
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May 2008
Freedom of Information
Freedom of Information (FOI) in Victoria is experiencing a period of intense activity and possible change. This FOI update provides a timely overview of current trends and issues including challenges in VCAT and the courts by parliamentarians, journalists and members of the public seeking access to Cabinet and internal working documents and the personal information of third parties.Freedom of Information - The year in review paper by Joanne Kummrow and Michele Rowland, VGSO
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April 2008
Government Branding and Crown Copyright
Learn about the ownership of government brands and options for registration as trade marks, domain names or business names. We will then consider the limits to protection against unauthorised use and statutory framework for enforcement, including domain name disputes. Crown copyright provisions of the Copyright Act 1968 (Cth) and state policies concerning the use of Crown copyright are also discussed.Government Branding paper by Sam Funnell, VGSO
Crown copyright presentation by Isabel Parsons, VGSO
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March 2008
Administrative Decision-Making - Delegations and Avoiding Bias
Examines the fundamental principles of delegation and bias with an overview of the duties and obligations of public officials when making decisions on behalf of others. We identify ways to avoid common pitfalls and provide practical examples of of the standards to be applied.Paper by Domenic Cristiano and Penina Berkovic, VGSO
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February 2008
Ethics and Professional Conduct for Government Lawyer
Russell Goldberg explores ethics from a personal perspective, in contrast with professional ethics. He examines what we mean by ethics, theories of ethical conduct and ways of approaching ethical decision-making.
Paper by Russell Goldberg
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November 2007
Proportionate Liability
Proportionate liability legislation has implications for allocating risks under contracts and enforcing claims for damages. We review trends in the case law, current issues and policy concerns, and lessons for risk assessment and contract drafting.
Presentation by Tony Horan, Victorian Bar and James Moss, Partnerships Victoria
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September 2007
Native Title and its Implications
Explores how native title is relevant to government day-to-day work, the information you need to fulfill your statutory obligations and overviews recent claims settled.
Paper by Mary Scalzo, Principal Solicitor, VGSO
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August 2007
Application of the Trade Practices Act to Government
Examines how the Trade Practices Act 1974 (Cth) and the Victorian Competition Code apply to State Government departments, agencies and authorities, in their business activities and provision of services.
Paper by Isabel Parsons, Princpal Solicitor, VGSO
Presentation by Alexander Merrett, ACC -
July 2007
Contract Management for Government: Developing Workable Contracts
Effective contract management is essential for government contracts to deliver value and their intended outcomes. Lessons learned in drafting and negotiating workable contracts will assist in avoiding common problems.
Paper by Carolyn Doyle, Principal Solicitor, VGSO
Presentation by Richard Foster, Partnerships Victoria
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June 2007
Legislative Council Select Committees: Understanding their Powers
Select committees are appointed from time to time to conduct investigations into very specific issues. This seminar discusses the powers of a select committee to obtain information from Ministers and departmental officers.
Presentation by John Cain and Alison O'Brien, VGSO
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May 2007
Auditing in the Public Interest
Des Pearson, appointed as Auditor-General for Victoria in October 2006, shares insights into the opinions, priorities and areas of concern of the Auditor-General, helping ensure compliance with best practice.
Presentation by Des Pearson, Auditor-General for Victoria -
April 2007
Administrative Decision Making in the Public Sector: Managing Risk
Good decision making within government is about balancing the rights and privileges of individuals with the interests of the State. Learn how strategic legal advice can help minimise legal risk and help meet ‘decision making’ obligations.
Paper by Diane Preston, Domenic Cristiano and Joanne Kummrow, VGSO
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March 2007
A Practical Introduction to the Human Rights Charter
Pamela Tate S.C., the Solicitor-General for Victoria, shares insights and thoughts on the operation of the Charter of Human Rights and Responsibilities Act 2006, to provide understanding and assist with its implementation.
Presentation by Pamela Tate SC, Victorian Solicitor General
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February 2007
Managing Risk and Liability through Insurance
Insurance and indemnity in government can be complex, but can be a powerful risk management tool when used in the right way. We share an overview of VMIA, followed by a discussion on insurance, indemnity and government contracts.
Paper by Sue Nolen, Assistant Victorian Government Solicitor -
November 2006
WorkChoices - the Implications
Explores implications of, and issues arising from, the High Court’s decision (14th November 2006) that the Workplace Relations Act 1996, as amended by the Workplace Relations Amendment (WorkChoices) Act 2005, was valid in all respects.
Paper by John Cain, Victorian Government Solicitor, James Stephens and Natalie Blok
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October 2006
Privacy: Avoiding the Pitfalls
Privacy is conceptually difficult to define. This seminar examines several pieces of legislation, that provide individuals with remedies for breaches and tighten privacy safeguards at the workplace, and addresses some pitfalls associated with them.
Paper by Geoff Code and Lindy Smith, VGSO with Helen Versey, Acting Privacy Commissioner
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September 2006
The State as Model Litigant
Examines the common law basis for the Model Litigant obligation of the Commonwealth and the States. Also looks at the importance, obligations and court interpretation of the Model and explain what this means in practice.
Paper by Stephen Lee, Assistant Victorian Government Solicitor -
August 2006
Charter of Human Rights and Responsibilities Act 2006 - What Does it Mean for the Public Service?
Provides a broad overview of the Charter of Human Rights and Responsibilities Act 2006 and discusses the likely impacts on the public service, with reference to what occurred in the ACT and New Zealand.
Paper by James Ruddle, Deputy Victorian Government Solicitor
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July 2006
FOI - Ombudsman's Own Motion Investigation
Discusses the key findings and recommendations of the final report from the Ombudsman’s two year long own motion investigation into Freedom of Information (FOI) in Victoria, which was tabled in Parliament on 1 June 2006.
Paper by Jonathan Smithers, Assistant Victorian Government Solicitor
