On 3 June 2022, the NSW Independent Commission Against Corruption (ICAC) held a forum examining the legality and ethics of pork barrelling in politics. Hosted by ICAC Chief Commissioner Peter Hall QC, the forum discussed whether pork barrelling could be deemed corrupt conduct under provisions of the Independent Commission Against Corruption Act 1988 (NSW) and the constraints (if any) on Ministerial discretionary powers in relation to grant funding.
Unsurprisingly, the forum has come at a time where there is increasing pressure to introduce a new federal integrity agency, and include pork barrelling as part of a wider definition of corruption. Below, we unpack the current regulations regarding pork barrelling at both the federal and state levels of government and the changes that may lie ahead.
Pork barrelling refers to the exercise of public powers for an improper purpose in a biased manner in an attempt to achieve a favourable political outcome. The process has often been used to target specific electorates with taxpayer cash to garner votes in marginal seats and encourage a generally positive disposition towards a certain political party. Pork barrelling is hardly new to Australian politics, and it is certainly not confined to any one level or party of government. In 2018, data collected from the Australian Electoral Commission and the Federal Department of Infrastructure revealed that marginal electorates receive three times more funding than safe seats.
It is well-recognised that governments are required to act in the public interest, and this extends beyond the executive government to Ministers and Members of Parliament in exercising their duties. In reinforcing this obligation, courts have consistently reiterated that parliamentarians have an “inescapable obligation to serve the public with the highest fidelity”, and must be uninfluenced by “personal financial considerations”.
At the federal level, some of the more memorable examples of pork barrelling include Minister Ros Kelly’s use of a whiteboard to determine the distribution of sports grants, known as the first ‘sports-rorts affair’, under the Hawke Labor Government in 1993, and the Howard Coalition Government’s grant distribution under the Regional Partnership Program between 2003-2007.
Closer to home, the NSW state parliament is also no stranger to participating in pork barrelling tactics. We only need to cast our minds back to 2020 when the then Deputy Premier John Barilaro coined the nickname “Pork Barrel-aro” in relation to his distribution of infrastructure grants to arts and cultural organisations in regional NSW, or then Premier Gladys Berejiklian’s infamous allocation of grants to local councils from the Stronger Communities Fund.
What the ICAC Forum has recently heard though, is the alarming level of misunderstanding amongst parliamentarians about the legality of pork barrelling. University of Sydney constitutional law professor Anne Twomey drew the forum’s attention to the fact that many politicians have not been taught administrative law and the associated limits on Ministerial powers. As a result, it is unsurprising to hear some public officials argue that “throwing money at seats to keep them” is just a part of democracy, and “not an illegal practice”.
Before considering any possible changes to the legality of pork barrelling, it is useful to examine the existing rules and guidelines regarding pork barrelling. The duty to act in the public interest is reflected in both the Constitution and the common law. Sections 44 and 45 of the Constitution provide for the disqualification of Ministers who receive a financial benefit, or have a pecuniary interest in an agreement with the Public Service of the Commonwealth. Additionally, the common law duty was recently reaffirmed by the NSW Court of Criminal Appeal in its finding that parliamentary duties are not merely a matter of conscience and can indeed be subject to legal sanction.
Currently, alleged pork barrelling is dealt with via judicial review in accordance with administrative law. The drawback here is that judicial review only determines whether the administrative decision was made lawfully, rather than assessing the merits of the decision itself. This is an appropriate mechanism where a public official has acted in good faith, but merely made a mistake in the exercise of their power. What judicial review lacks however, is the ability to deal with, and deter, the deliberate misuse of public power. It is this very issue that has recently piqued ICAC’s interest.
At the federal level, the Public Governance, Performance and Accountability Act 2013 (Cth) (PGPA) and the Commonwealth Grants Rules and Guidelines 2017 (CGRGs) regulate Ministerial expenditure of public money. These instruments clearly stipulate that Ministers must only approve a ‘proper use’ of expenditure, however there are numerous loopholes which permit their avoidance. For example, far too often ‘election promises’ are made to fund infrastructure or make grants within an electorate without actually assessing the value or feasibility of the project for the community. The ICAC forum has heard that these loopholes, in conjunction with the fact that a breach of the relevant PGPA provisions can only amount to a challenge under administrative law, appears to have fostered an unfortunate culture of turning a ‘blind eye’ when it comes to pork barrelling.
NSW state law
At the state level, the Government Sector Employment Act 2013 (NSW) outlines a series of ‘core values’ Minsters are guided by, including placing public interest over personal interest, and administering funds in a fiscally responsible way. Notably however, there does not appear to be any NSW legislative equivalent to the PGPA’s requirements that expenditure must only be approved if the Minister is satisfied that it would be an “efficient, effective, economical and ethical use of the money” (section 71 of the PGPA). Similarly, the ‘Good Practice Guide to Grants Administration’, being the state equivalent of the CGRGs, acts as no more than a guide for Ministerial powers, and lacks any significant legal standing.
As a consequence of the current regulation, or apparent lack thereof, the ICAC forum heard that public officials seem to have become less inclined to comply with good practice standards, and more partial to turning that ‘blind eye’.
As a first step towards changing the culture of pork barrelling, the Department of Premier and Cabinet and the NSW Productivity Commissioner has recently released the ‘Review of Grants Administration in NSW’ report 2022, which is intended to replace the ‘Good Practice Guide to Grants Administration’ and apply to all Ministers and Ministerial Staff. Some of the key recommendations include:
Notably however, in contrast to the dominant sentiment heard before the ICAC forum, the report falls short of saying that pork barrelling should be an offence.
Among other options for reform, the ICAC forum heard that in addition to the ‘values’ outlined in the Government Sector Employment Act, there should be clear legal obligations imposed on public servants regarding the management of grant schemes. This would legally oblige public servants to act in an impartial, economical and ethical way to serve the public interest and act as a disincentive to engage in potentially corrupt conduct.
Following the forum, the ICAC is now preparing a report on its views on pork barrelling, including whether and how it relates to corrupt conduct. There is no date yet on when the report will be released, but if Peter Hall QC’s opening remarks to the forum which deemed a healthy democracy as one with strong, well-resourced integrity commissions to act as guardians at the gate are any indication of the changing attitudes to come, we can certainly deduce that change is coming.
Authors: Greg Wrobel & Ashleigh Lewis
 Amy Dale, ‘Pork barrelling: past its use-by date?’ (2021) 76 Law Society of NSW Journal.
 Hocking v Director-General of the National Archives of Australia  HCA 19 .
 Re Day [No 2] (2017) 263 CLR 201 .
 Obeid v R  NSWCCA 221 .
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Saad v Commissioner of Police  NSWCATAD 207
LICENSING – firearms – licence revocation – public interest – discretion.
Administrative Decisions Review Act 1997 (NSW); Civil and Administrative Tribunal Act 2013 (NSW); Firearms Act 1996 (NSW); Firearms Regulation 2017 (NSW).
Munn and Others v Health Secretary  NSWIRComm 1044
UNFAIR DISMISSALS – threshold issues – Public Health Orders – Health Secretary Determination – unvaccinated workers prohibited from working in public health – requirement to consult-impracticability of reinstatement or re-employment orders.
Health Services Act 1997; Industrial Relations Act 1996; Public Health Act 2010; Work Health and Safety Act 2011.
Clancy v Commissioner of Police, NSW Police Force  NSWCATAD 204
ADMINISTRATIVE LAW – Government Information (Public Access) – Grounds for refusing access – Balancing competing public interest factors for and against disclosure.
Administrative Decisions Review Act 1997 (NSW); Civil and Administrative Tribunal Act 2013 (NSW); Crimes (Domestic and Personal Violence) Act 2007 (NSW); Government Information (Public Access) Act 2009 (NSW); Privacy and Personal Information Protection Act 1998 (NSW).
Giann v Commissioner of Police  NSWCATAD 206
ADMINISTRATIVE LAW – summary dismissal-freedom of information – government information public access – no reasonable excuse for delay – Government Information (Public Access) Act 2009 (NSW).
Administrative Decisions Review Act (NSW) 1997; Civil and Administrative Tribunal Act 2013; Government Information (Public Access) Act 2009.
Knowles v Secretary, NSW Ambulance  NSWIRComm 1043
EMPLOYMENT AND INDUSTRIAL LAW – Public sector disciplinary appeal – dismissal – homophobic comment in the workplace – inappropriate communications about staff members with direct manager over extended period of time – communications had a connection with workplace – workplace culture and behaviours in the workplace generally – request to manager for answers to questions in job application – applicant used his position to facilitate free entry for manager into concert – consideration of mitigating factors – long and unblemished service history – conduct condoned by manager – insight into contribution to negative workplace culture – appeal dismissed.
Industrial Relations Act 1996 (NSW), Ch 2 Pt 7, s 163.
Mourched v Chief Commissioner of State Revenue  NSWCATAD 180
MERITS REVIEW – Revenue law – land tax – sole use of parcel of land – exemption.
Administrative Decisions Review Act 1997 (NSW); Civil and Administrative Tribunal Act 2013 (NSW); Land Tax Management Act 1956 (NSW); Real Property Act 1900 (NSW); Taxation Administration Act 1996 (NSW); Valuation of Land Act 1916 (NSW).
FGW v Secretary, Department of Communities and Justice  NSWCATAD 201
JURISDICTION – Privacy and Personal Information Protection Act 1998 – Whether certain allegations were subject of review by the Tribunal – Application to strike out.
Privacy and Personal Information Protection Act 1998 (NSW) Pt 5.
Anicic v Fairfield City Council  NSWCATAD 199
ADMINISTRATIVE LAW – access to government information – investigation of complaint against staff – request for access to redacted portions of documents – confidential information – whether prejudice to exercise of the agency’s functions – whether prejudice to conduct, effectiveness or integrity of any audit, test, investigation or review conducted – whether disclosure reveals personal information – whether disclosure contravenes an information protection principle.
Administrative Decisions Review Act 1997 (NSW); Civil and Administrative Tribunal Act 2013 (NSW); Government Information (Public Access) Act 2009 (NSW); Privacy and Personal Information Protection Act 2002 (NSW).
Randhawa v Blacktown City Council  NSWCATAD 192
ADMINISTRATIVE LAW – access to government information – confidential information that facilitates the effective exercise of that agency’s functions – supply of information from an informant – whether public interest considerations against disclosure outweigh public interest considerations in favour of disclosure.
Civil and Administrative Tribunal Act 2013; Government Information (Public Access) Act 2009.
X (a pseudonym) v Secretary, Department of Education  NSWIRComm 1041
EMPLOYMENT AND INDUSTRIAL LAW – Industrial Relations Commission – Procedure and powers – notice of motion to re-call witness for further cross-examination after evidentiary cases closed – notice of motion opposed – interests of justice – notice of motion dismissed.
Evidence Act 1995 (NSW) ss 46, 192; Industrial Relations Act 1996 (NSW) ss 98, 100G, 162, 163; Police Act 1990 (NSW) s 173.
Sydney Fish Market Pty Ltd v Valuer-General of New South Wales  NSWLEC 71
SEPARATE QUESTION: whether land was "Crown lease restricted" under the Valuation of Land Act 1916 – meaning of "Crown lease restricted" – whether a lease signed in 1994 was a lease granted under the Crown Lands Act 1989 or the Fish Marketing Act 1994 – application of the presumption of regularity – whether the lease is a "holding" for the purpose of the Valuation of Land Act as that term is defined in the Crown Lands Management Act 2016 – meaning of "Crown land" under the Crown Lands Management Act – the effect of the transfer of the land the subject of the lease to a State statutory body – the effect of the repeal of the Crown Lands Act on the lease – the effect of the operation of the savings and transitional provisions of the Crown Lands Management Act on the lease – the land is Crown lease restricted – separate question answered affirmatively in favour of the applicant.
Constitution Act 1902, ss 36, 37 and 37A; Crown Lands Act 1989, ss 3(1), 6, 7, 34, 35 and Pt 3; Crown Lands Management Act 2016, ss 1.2, 1.5, 1.7, 1.8 and cll 2, 5 and 26 of Sch 7; Fish Marketing Act 1994, ss 4, 5, 6, 7, 8, 9, 11 and Sch 1; Fisheries and Oyster Farms Act 1935, s 41A; Interpretation Act 1987, ss 13(b) and 15; Property NSW Act 2006, s 19; State Property Authority Act 2006, ss 4, 5, 11(1)(a), 13(1), 18, 20 and Sch 1; Valuation of Land Act 1916, s 14I.
Gates v Port Macquarie-Hastings Council  NSWCATAD 193
ADMINISTRATIVE LAW – administrative review – Government Information – whether further information held – adequacy of searches – refusal to deal – relevant factors – aggregation of applications.
Civil and Administrative Tribunal Act 2013; Administrative Decisions Review Act 1997; Government Information (Public Access) Act 2009.
SafeWork NSW v Arkwood (Gloucester) Pty Limited (No. 2)  NSWDC 201
CRIMINAL LAW – prosecution – work health and safety – duty of persons undertaking business – risk of death or serious injury; SENTENCE – objective seriousness – mitigating factors – aggravating factors – general deterrence – specific deterrence – capacity to pay appropriate penalty – victim impact statement; COSTS – prosecution costs; OTHER – defendant engaged contractor to operate a crane to load a dismantled centrifuge onto a flatbed truck – boom of the crane came into contact with, or in close proximity to, live overhead power lines – two workers employed by the defendant suffered electric shocks – failure to conduct a site-specific risk assessment – no appropriate SWMS – failure to adequately instruct and train employees – failure to observe and warn crane operator – failure to insist upon using a qualified dogman.
Crimes (Sentencing Procedure) Act 1999 (NSW), ss 3A, 21A, 26, 27, 28, 30A, 30B, 30D, 30E; Fines Act 1996 (NSW), ss 6, 122; Work Health & Safety Act 2011 (NSW), ss 3, 19, 32.
Environment Protection Authority v Forestry Corporation of New South Wales  NSWLEC 70
ENVIRONMENTAL OFFENCES – Sentence – Conducting forestry activities in exclusion zones contrary to conditions of biodiversity conservation licence – Determination of objective seriousness – Statutory scheme undermined by offences – Extent of harm to environment – De Simoni principle – Substantial harm – Practical measures available to prevent, control, abate or mitigate harm – Control over causes where conduct by contractors – No evidence that offences committed intentionally or for any reason –“Rolled-up” koala offence in medium range of objective seriousness – Rainforest and warm temperate rainforest offences in low to moderate range of objective seriousness – Determination of subjective circumstances – Record of prior convictions –Pleas of guilty – Assistance to authorities – Good character and low likelihood of similar reoffending – Need for general and specific deterrence – Consistency in sentencing – Publication orders made – Costs as agreed –Unable to make order for payment to Biodiversity Conservation Fund – Determination of appropriate penalties –Principle of totality applied – Order for moiety made – Defendant convicted and fined of four offences.
Biodiversity Conservation Act 2016 (NSW), ss 1.3, 2.1, 2.4, 2.10, 2.14, 12.22, 12.8, 13.12, 13.25; Biodiversity Conservation (Savings and Transitional) Regulation 2017 (NSW), cl 4(1); Civil Procedure Act 1986 (NSW); Crimes (Sentencing Procedure) Act 1999 (NSW), Pt 3, Div 1, ss 3A, 21A; Criminal Procedure Act 1986 (NSW), s 257B; Environment Protection and Biodiversity Conservation Act 1999 (Cth); Fines Act 1996 (NSW), s 122; Forestry Act 2012 (NSW), Pt 5B, ss 5, 10, 69L, Sch 3, cl 10; Forestry and National Park Estate Act 1998 (NSW); Protection of the Environment Operations Act 1997 (NSW), s 250; Threatened Species Conservation Act 1995 (NSW).
van Royden v The State of New South Wales (Civil and Administrative Tribunal of New South Wales)  NSWCATAD 190
HUMAN RIGHTS – Discrimination – equal opportunity – leave required for complaint to proceed – principles applying to grant of leave.
Anti-Discrimination Act 1977 ss 49B, 49M, 92, 93A, 96.
Nature Conservation Council of NSW Inc. v Minister for Water, Property and Housing  NSWLEC 69
PROCEDURE – applicant seeks leave of court to rely on expert evidence concerning climate change related topics in judicial review proceedings challenging making of a water sharing plan for the Border Rivers region;
Basin Plan 2012 (Cth); Civil Procedure Act 2005 (NSW), ss 56, 57, 59, 60; NSW Border Rivers Region Regulated River Water Source Order 2021 (NSW), cll 2, 4, 7, 8, 13, 26, 27, 57; Uniform Civil Procedure Rules 2005 (NSW), rr 31.17, 31.19; Water Management Act 2000 (NSW), ss 3, 5, 8, 9, 20, 21, 50.
Cramp & Cramp v Commissioner of Police, NSW Police Force  NSWCATAD 189
ADMINISTRATIVE LAW – Firearms licences – late applications for administrative review – extensions of time sought – principles relevant to extension of time applications.
Administrative Decisions Review Act 1997; Civil and Administrative Tribunal Act 2013; Civil and Administrative Tribunal Rules 2014; Firearms Act 1996.
Jalnz Constructions Pty Ltd v Commissioner of Fair Trading  NSWCATAD 188
ADMINISTRATIVE REVIEW – strata building bond – no administratively reviewable decision – dismissal.
Administrative Decisions Review Act 1997; Civil and Administrative Tribunal Act 2013; Civil and Administrative Tribunal Rules 2014; Strata Schemes Management Act 2015; Strata Schemes Management Regulation 2016.
Danger v Commissioner of Police (No. 2)  NSWIRComm 1040
UNFAIR DISMISSAL – constructive dismissal Commissioner’s vaccination mandate direction – information collection notices – compensation ordered.
Government Sector Employment Act 2013; Health Records and Information Privacy Act 2002; Industrial Relations Act 1996.
Darkinjung Local Aboriginal Land Council v Minister Administering the Crown Land Management Act – ‘Gosford 1 & 2’  NSWLEC 68
ABORIGINAL LAND RIGHTS – whether land needed or likely to be needed for essential public purpose at the date of claim of provision of supported employment for disabled persons in workshop located on the land; ABORIGINAL LAND RIGHTS – whether land needed or likely to be needed for essential public purpose at the date of claim of use as driveway to access workshop for supported employment for disabled persons.
Aboriginal Land Rights Act 1983 (NSW), ss 3, 36; Associations Incorporation Act 1984 (NSW), ss 7, 11, 19; Charities Act 2013 (Cth); Crown Lands Act 1989 (NSW), ss 3, 80, 87, Pt 5 Div 3; Crown Lands Consolidation Act 1913 (NSW), s 28; Crown Lands Management Act 2016 (NSW); Disability Services Act 1986 (Cth), s7, Pt II Div 2A; Encroachment of Lands Act 1922 (NSW); Forestry Act 1916 (NSW); Handicapped Persons Assistance Act 1974 (Cth), s 5; Interpretation Act 1987 (NSW), s 33; National Disability Insurance Scheme Act 2013 (Cth); Public Trusts Act 1897 (NSW); Statute of Elizabeth 43 Eliz I c 4 (Charitable Uses Act 1601).
Forever Family Day Care Pty Ltd v Secretary, Department of Education  NSWCATAD 185
ADMINISTRATIVE LAW – (NSW) Children (Education and Care Services) National Law – Cancellation of provider approval – Approved provider did not operate any education and care service for more than 12 months – Childcare Services – Administrative review jurisdiction – What is the correct and preferable decision – Whether the Tribunal should uphold the decisions or substitute a decision – Correct and preferable decisions.
(NSW) Children (Education and Care Services) National Law) Application Act 2010 ss 3, 5(1), 31(f), 32, 33(1)(a)(i), 36, 192, 193 and 194.
Zonnevylle v Secretary, Department of Education  NSWCATAD 187
ADMINISTRATIVE LAW – freedom of information – government information public access-request to record hearing on a personal device-request for oral reasons – request for recusal-public interest considerations- Government Information (Public Access) Act 2009 (NSW).
Administrative Decisions Review Act (NSW) 1997; Civil and Administrative Tribunal (NSW) Act 2013; Court Security Act (NSW) 2005; Government Information (Public Access) Act 2009 (NSW).
Eddy v Goulburn Mulwaree Council  NSWCA 87
NEGLIGENCE – Defences – Civil Liability Act 2002 (NSW), s 45 – Whether defendant had actual knowledge of the particular risk the materialisation of which resulted in the harm – Extent of specificity required by phrase “particular risk”.
Civil Liability Act 2002 (NSW), ss 5B, 5C, 5F, 5G, 5H, 5L, 5M, 45; Civil Liability Act 2003 (Qld), s 37.
Bills introduced by Government
ICAC and LECC Legislation Amendment Bill 2022 8 June 2022
Treasury Legislation Amendment (Miscellaneous) Bill 2022 8 June 2022
Bills introduced by Non-Government
Fiscal Responsibility Amendment Bill 2022 8 June 2022
Industrial Relations Legislation Amendment (Public Sector Remuneration Cap Repeal) Bill 2022 8 June 2022
Bills revised following amendment in Committee
Child Protection (Working with Children) Amendment Bill 2022 9 June 2022
Disability Inclusion Amendment Bill 2022 9 June 2022
Parliamentary Budget Officer Amendment Bill 2022 9 June 2022
Rock Fishing Safety Amendment Bill 2022 9 June 2022
Bills passed by both Houses of Parliament
Statute Law (Miscellaneous Provisions) Bill 2022
Bills assented to
Motor Accidents and Workers Compensation Legislation Amendment Bill 2022 Act No 25 of 2022 as amended
Statute Law (Miscellaneous Provisions) Bill 2022 Act No 26 of 2022 as amended
Electronic Conveyancing (Adoption of National Law) Amendment Act 2022 No 18 as amended
Firearms Legislation Amendment Act 2022 No 19 as amended
Government Telecommunications Amendment Act 2022 No 20 as amended
Mining and Petroleum Legislation Amendment Act 2022 No 21 as amended
Racing and Gambling Legislation Amendment Act 2022 No 22 as amended
RSL NSW Amendment Act 2022 No 23 as amended
Work Health and Safety (Mines and Petroleum Sites) Amendment Act 2022 No 24 as amended
Proclamations commencing Acts
COVID-19 and Other Legislation Amendment (Regulatory Reforms) Act 2022 No 5 LW 10 June 2022
Greater Sydney Parklands Trust Act 2022 No 9 LW 10 June 2022
Regulations and other miscellaneous instruments
Treasurer’s Direction TD22-15 – Amendment to TD21-02 LW 20 June 2022
Coal Mine Subsidence Compensation Amendment (Contributions) Regulation 2022 LW 17 June 2022
Electricity Supply (General) Amendment (Before You Dig Australia Limited) Regulation 2022 LW 17 June 2022
Gas Supply (Safety and Network Management) Amendment (Before You Dig Australia Limited) Regulation 2022 LW 17 June 2022
Notice of Adjusted Amounts Under Section 33AF of Duties Act 1997 LW 17 June 2022
Residential Apartment Buildings (Compliance and Enforcement Powers) Amendment (Building Work Levy) Regulation 2022 LW 17 June 2022
Road Transport (Driver Licensing) Amendment Regulation 2022 LW 17 June 2022
Work Health and Safety Amendment (Licences in Digital Form) Regulation 2022 LW 17 June 2022
Essential Services Proclamation (No 2) 2022 LW 16 June 2022
Essential Services Regulation (No 2) 2022 LW 16 June 2022
Determination LW 10 June 2022
Electoral Funding (Adjustable Amounts) (Political Donation Caps) Notice 2022 LW 10 June 2022
Local Government (General) Amendment Regulation 2022 LW 10 June 2022
Motor Accident Injuries Amendment Regulation 2022 LW 10 June 2022
Referable Debt Order LW 10 June 2022
Workers Compensation (Indexation) Amendment Order (No 2) 2022 LW 10 June 2022
Environmental Planning Instruments
Campbelltown Local Environmental Plan 2015 (Amendment No 30) LW 17 June 2022
Shoalhaven Local Environmental Plan 2014 (Amendment No 44) LW 17 June 2022
Wyong Local Environmental Plan 2013 (Map Amendment No 2) LW 17 June 2022
Ballina Local Environmental Plan 1987 (Amendment No 117) LW 10 June 2022
Byron Local Environmental Plan 2014 (Map Amendment No 2) LW 10 June 2022
Cessnock Local Environmental Plan 2011 (Amendment No 34) LW 10 June 2022
Coffs Harbour Local Environmental Plan 2013 (Map Amendment No 4) LW 10 June 2022
Newcastle Local Environmental Plan 2012 (Map Amendment No 1) LW 10 June 2022
Warringah Local Environmental Plan 2011 (Amendment No 27) LW 10 June 2022
Woollahra Local Environmental Plan 2014 (Amendment No 24) LW 10 June 2022
The information in this publication is of a general nature and is not intended to address the circumstances of any particular individual or entity. Although we endeavour to provide accurate and timely information, we do not guarantee that the information in this article is accurate at the date it is received or that it will continue to be accurate in the future.