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NSW Government Bulletin

07 July 2021

28 min read

#Government, #Procurement

Published by:

Clare Giugni

NSW Government Bulletin

Public sector procurement: A highly skilled profession

The Australasian Procurement and Construction Council (APCC) is the peak council for Australian and New Zealand government agencies with responsibilities relating to procurement, construction and asset and real property management. APCC’s Australian members include, at the Commonwealth level, both the Department of Finance and the Department of Defence. At a State level, members include, for example, the NSW Treasury and the Department of Regional NSW. A key part of the APCC’s role is to provide leadership in relation to procurement practices and to enhance the knowledge base of members.

Reflecting its role, in late June 2021, the APCC released the Public Sector Procurement Profession Role Statement and the Procurement Capability Framework. The release of these documents is a key step in implementing the APCC’s five-year Procurement Capability and Workforce Development Strategy. The aim of the strategy is to establish a standardised level of requirements for procurement professionals that will apply in every Australian and New Zealand public sector jurisdiction. The Role Statement and Procurement Capability Framework will be able to be used to develop educational programs, for universities and both vocational and professional training bodies, assisting in the development of the necessary skilled workforce for the profession. 

The Role Statement and Framework were developed following not only community and private sector consultation in Australia and New Zealand, but also consultation with international procurement professional bodies.

The Role Statement:

  • Defines what is meant by the procurement function of government agencies. This function is responsible for the delivery of value for money procurements that achieve the necessary public outcomes.
  • Provides the basis for the creation of the Procurement Capability Framework. The key capabilities for that Framework are governance and assurance; planning; sourcing; evaluation and negotiation; and contract development and management. These capabilities are supported by relevant business skills and risk capabilities.
  • Spells out the need for a recognised and common professional structure for procurement officers.  This will assist in ensuring procurement functions across different agencies at different levels of government “have the right people, with the right skills, in the right procurement jobs, supported by quality data and a shared professional terminology”.[1]

The Procurement Capability Framework is a comprehensive document that sets out the core procurement capabilities and business skills for the procurement profession and how these will be assessed. The Framework distinguishes between unique core procurement capabilities, on the one hand, and more general business-related skills on the other. General business-related skills are, like the core procurement capabilities, key requirements, but are not exclusive to the profession.

The Framework is divided into five main topics:

  • Capabilities: These are the capabilities – including skills, experience, competencies and behaviours – necessary to deliver required procurement outcomes.
  • Proficiencies: These are the levels a professional needs to achieve for their role. The identified proficiencies are awareness; foundation; practitioner; and expert.
  • Procurement Capabilities and Business Skills as a Scale: The development of a proficiency scale will enable a determination to be made as to the requirements for simple through to the most complex procurements.
  • Procurement Capabilities Template: A template will be able to be used to provide a consistent approach to determining a procurement professional’s procurement capabilities.
  • Business Skills: This section of the Framework identifies the key business skills required by a procurement professional. These include data literacy; decision making; digital literacy; financial management; grants management; leadership; managing innovation; policy development and implementation; workforce management and more.

And, finally, the Framework contemplates that a list of relevant government-endorsed qualifications and certifications will be made available through the APCC.

The APCC’s work supports work that has been undertaken by different Australian governments, including in New South Wales, over time. The New South Wales government, for example, published a Procurement Professionals Capability Set in 2015, which identifies critical skills and establishes more structured training outcomes for New South Wales public sector procurement employees.

By ensuring that the public sector procurement workforce is skilled and well qualified, Australian governments will have greater confidence that their procurement processes provide maximum value for money, accountability and transparency, serving the interests of its taxpayers. Accordingly, the APCC’s strategy is to be applauded, as it rightfully acknowledges the professionalism of officers working in a core public sector function.

Authors: Clare Giugni

[1] Page 5 of the Public Sector Procurement Profession Role Statement

In the media

Australian unions reject ‘unacceptable’ proposal allowing employers access to staff vaccination data
An industry proposal to allow employers to access vaccination data on their staff has been rejected as “unacceptable” by the Australian Council of Trade Unions. The federal government currently indemnifies GPs and other commonwealth providers of the vaccine but no indemnity exists for any employers (02 July 2021).  More...

National Archives gets $67m to digitise records, boost cyber security
The federal government has handed an extra $67.7 million to the National Archives of Australia to preserve irreplaceable records in a digital form and to protect vulnerable systems from cyber attack (01 July 2021).  More...

PM&C issues guide to help regulators
The Department of Prime Minister and Cabinet has announced the launch of a guide to help lift the performance, capability and culture of Commonwealth regulators. The Regulator Performance Guide was effective from 1 July but has a transition period of one year. The department’s Regulator Performance Guide can be accessed here (01 July 2021).  More...

ICIC endorses OAIC resolution on proactive publication
The International Conference of Information Commissioners has endorsed a resolution put forward by the Office of the Australian Information Commissioner to support the proactive publication of information relating to the COVID-19 pandemic (30 June 2021).  More...

Report says CCC too full of lawyers, ‘goes against Fitzgerald report’
In another recommendation, committee said consideration should be given to allowing surveillance devices to be covertly placed in lawyers’ homes and cars (30 June 2021).  More...

ACMA requests internet service providers to block more illegal gambling websites
The ACMA has requested that Australian internet service providers block more illegal offshore gambling websites (30 June 2021).  More...

Defamation reforms to become law
The NSW Government is heralding a new era in national defamation law in jurisdictions covering over 85% of Australia’s population. NSW last year became the first state or territory to pass nationally agreed defamation reforms designed to unclog courts from trivial claims and support public interest journalism (30 June 2021).  More...

New procurement council to set PS standards
The Australasian Procurement and Construction Council (APCC) has launched a campaign to professionalise public sector procurement. The Chair of the APCC, said the Council’s Public Sector Procurement Profession Role Statement and Procurement Capability Framework aimed to establish baseline procurement proficiencies in every public sector jurisdiction. The APCC’s statement can be accessed here and framework here (29 June 2021).  More...

LCA: Time for consultation on Respect @ Work
The introduction of the Sex Discrimination and Fair Work (Respect at Work) Amendment Bill 2021 into Parliament, is a positive step forward towards the reconsideration of federal discrimination laws. The Law Council is pleased that this Bill is being referred to committee for a thorough consultation with key experts (25 June 2021).  More...

Australian Lawyers Alliance: Misuse of COVID-19 tracing data must be punishable with sanctions and liability
Heavy penalties are needed for leaders in police, law enforcement and security agencies when they facilitate, or turn a blind eye to, the unlawful gathering and use of COVID-19 tracing data. In occupational health and safety laws there is direct liability for leaders of organisations and this should be the same in cases involving breaches of privacy (25 June 2021).  More...

Australian company raises the bar for digital data management
The Digital Transformation Agency will modernise and streamline their services following the purchase of the software Records365 from Australian company RecordPoint. The parliament and the public should have confidence that data is kept and managed appropriately through procurement of this software which will provide greater transparency and accountability (25 June 2021).  More...

ACMA: Significant milestone for Australia’s first national gambling self-exclusion register
Australia’s first national self-exclusion register for online and phone gambling has taken a major step forward (23 June 2021).  More...

ICAC recommends significant reform to lobbying legislation, including banning secret meetings between lobbyists and government officials
The NSW Independent Commission Against Corruption recommends that legislation be amended to better manage lobbying in the state including the prohibition of secret communications or meetings between lobbyists and government officials (22 June 2021).  More...

Coalition urged to keep election promise to set up national integrity commission
Almost 60 Australian judges, lawyers and prominent experts have urged the Coalition to keep a key election promise by setting up a strong, effective national anti-corruption commission. Wen an exposure draft for its proposed Commonwealth Integrity Commission was finally released, experts roundly criticised it as weak and ineffective (22 June 2021).  More...

$148 million for domestic and sexual violence support and extra magistrates
The NSW Government is investing an extra $148.6 million as part of the 2021-22 NSW Budget to boost support for domestic and sexual violence survivors and accelerate access to justice. This investment includes associated criminal justice system funding for the Office of the Director of Public Prosecutions, Corrective Services NSW, and Legal Aid NSW (22 June 2021).  More...

Investing in community supervision and safety
Offenders in the community will be under increased supervision and have greater access to rehabilitation programs following a $33 million investment in reducing reoffending and building safer communities (22 June 2021).  More...

In practice and courts

Proposed amendments to the Legal Profession Uniform Conduct (Barristers) Rules 2015 – 24 June 2021
The Australian Bar Association invites comments and submissions on a proposal to amend Rules 123 and 125 of the Legal Profession Uniform Conduct (Barristers) Rules Submissions should be sent to the Australian Bar Association on or before 2 August 2021. Click here to read more.

Gazette registration – annual federal courts and tribunals fee increases from 1 July 2021
The fees payable in the federal courts and tribunals increased from 1 July 2021 to reflect changes to the consumer price index over the past financial year. This is an automatic increase provided by the relevant fee regulations. Find the notice published in the Government Notices Gazette on 17 June 2021 setting out the new fees payable.

Proposal to remake the anti-terrorism standards – consultation 22/2021
The anti-terrorism standards for narrowcast television services are due to sunset on 1 October 2021. We are seeking your views on remaking the standards in a single instrument with only minor changes. Closing date 21 July 2021. Click here to read more.

High Court Bulletin
High Court of Australia Bulletin [2021] HCAB 05 (25 June 2021). Click here to read more.

Law Council of Australia submissions
22 June 2021 – Law Council
Supplementary submission: Counter-Terrorism Legislation Amendment (High Risk Terrorist Offenders) Bill 2020
22 June 2021 – Law Council
Supplementary submission: Review of the National Emergency Declaration Act 2020 (Cth)

AAT: Changes to our application fees on 1 July 2021
Application fees in the Administrative Appeals Tribunal increased on 1 July 2021 (28 June 2021). Click here to read more.

AAT Bulletin
The AAT Bulletin is a weekly publication containing a list of recent AAT decisions and information relating to appeals against AAT decisions. Click here to read more.

OAIC: Our FOI disclosure log
The information described in our disclosure log has been released by the OAIC under the Freedom of Information Act 1982 (FOI Act): Updated May 2021. Click here to read more.

ALRC judicial impartiality consultation paper 2021
The Inquiry would look at judges in the High Court, Federal Court, Family Court and Federal Circuit Court. The ALRC was expected to deliver its report to the Attorney-General by 30 September. The paper can be accessed here.

Legal and Constitutional Affairs Legislation Committee

Family Law Amendment (Federal Family Violence Orders) Bill 2021 [Provisions]
On 13 May 2021, the Senate referred the provisions of the Family Law Amendment (Federal Family Violence Orders) Bill 2021 to the Legal and Constitutional Affairs Legislation Committee for inquiry and report by 29 July 2021.

Constitution Alteration (Freedom of Expression and Freedom of the Press) 2019
Status: Accepting submissions. Date referred: 17 June 2021. Submissions close: 20 August 2021. Reporting date: 31 December 2021.

Courts and Tribunals Legislation Amendment (2021 Measures No. 1) Bill 2021
Status: Accepting submissions. Date referred: 24 June 2021. Submissions close: 15 July 2021. Reporting date: 13 August 2021.

Select committee on foreign interference through social media
Foreign interference through social media
Select committee on foreign interference through social media to inquire into and report on the risk posed to Australia’s democracy by foreign interference through social media. The committee is to present its final report on or before the second sitting day of May 2022. The closing date for submissions is 31 October 2021.


Supreme Court practice notes
Re-issued practice note SC CL 4 – defamation list – 01 July 2021.

Annual court and tribunal fee increases
The Justice Legislation Amendment (Fees) Regulation 2021 commenced on 1 July 2021. The regulation provides for a 0.8 per cent annual increase to court and tribunal fees for 2021-22 and amends the following five regulations. The Justice Legislation Amendment (Fees) Regulation 2021 can be found here.

Changes to strata laws
On 1 July 2021 new provisions in the Strata Schemes Management Act 2015 commence. The provisions will require an owners corporation to serve all lot owners with a copy of any application made to NCAT concerning their scheme; and enable an application to the Tribunal to ask for a monetary penalty for contravention of an NCAT order. For more information about the strata law changes visit the NSW Fair Trading website. View the announcement here.

NCAT fees and charges from 1 July 2021
NCAT's fees and charges for the filing of applications, appeals and other services will change on Thursday 1 July 2021. A general 0.8 per cent increase will be applied to all NCAT fees and charges. Certain application types continue to have no fee including community services matters and guardianship division applications. Download the NCAT fees and charges schedule as at 1 July 2021 here (30 June 2021).

Court and tribunal information: Access, disclosure and publication
The NSW Law Reform Commission has released draft proposals ahead of its final report on court and tribunal information access, disclosure and publication. The proposals focus on the operation of suppression and non-publication orders and access to information in NSW courts and tribunals. Submissions have been invited (closing date 2 August 2021).

Drug Misuse and Trafficking Regulation 2021
The NSW Department of Communities and Justice is seeking comments on the consultation draft of the Drug Misuse and Trafficking Regulation 2021 and Regulatory Impact Statement. There are two documents that you can read to understand the proposed changes: Proposed Drug and Misuse and Trafficking Regulation 2021 and Regulatory Impact Statement submissions can be made by email to The closing date for submissions is 16 July 2021.

JUDCOM: Sentencing bench book – preliminaries
Update 48, June 2021 – obligations of the parties has been updated; purposes of sentencing has been reviewed and outdated material removed; subjective matters taken into account (cf s 21A(1)); victims and victim impact statements has been generally revised; taking further offences into account (Form 1 offences) has been extensively revised and rewritten. Click here to read more.

Costs disputes – uniform law – indexed amounts
Sections 291, 292 and 293 of the Legal Profession Uniform Law (NSW) relate to costs disputes. The amounts were increased as a result of indexation for the financial years 1/7/2019 – 30/6/2020 and 1/7/2020 – 30/6/2021. The amounts have again been indexed for the financial year 1/7/2021 – 30/6/2022. The Legal Profession Uniform Law (Indexed Amounts) Notice 2021 has been published and is available here.

Personal Injury Commission – hearings during COVID-19
The President of the Personal Injury Commission has advised the NSW Bar Association that the PIC will continue to apply Procedural Direction 10 until further notice. Procedural Direction 10 provides that, during the currency of the COVID-19 pandemic and until further notice, the Commission will, list matters for hearing by audio link or audio-visual link. Procedural Direction 10 is available here.

Decisions before the High Court
The Court of Appeal maintains a list of decisions of the New South Wales Court of Appeal or Court of Criminal Appeal appealed to the High Court. The list is updated regularly. View the latest publication here.

Published – articles, papers, reports

CDPP publications 2021
Costs. Click here to read more.

PGPA newsletter – 1 July 2021
Executive remuneration reporting – RMG 138 and 139 – technical accounting policy and guidance update – RMG 111, 113 and 122 – digital annual reporting tool – new regulator performance guide – comcover risk education – Your Future, Your Super changes are coming. Click here to read more.

Australian Bureau of Statistics

24 June 2021: Media release – family and domestic violence sexual assault up 13 per cent.
Recorded crime – victims, 2020.

23 June 2021: Decrease in federal defendants finalised in court.
Federal defendants, Australia.

Report to the Minister for Home Affairs on agencies' compliance with the Surveillance Devices Act 2004, for the period 1 July to 31 December 2020
Commonwealth Ombudsman: Commonwealth Ombudsman surveillance devices six-monthly report March 2021: 23 June 2021. Read the report here.

Implementation of recommendations – update
ANAO audit insights: 30 June 2021. This edition of audit insights considers the approaches entities are taking to implement parliamentary and ANAO recommendations to improve public administration practices and outcomes. It updates the edition published in November 2019 and draws on audit reports released since then. Read more here.

Security works at Parliament House
ANAO report number 49: 29 June 2021. The objective of the audit was to examine the effectiveness of planning and delivery of the security upgrade capital works program at Parliament House by the Department of Parliamentary Services. Read more here.

Effectiveness of planning and implementation of reform by the Australian Skills Quality Authority
ANAO report number 48: 20 June 2021. The audit objective was to examine the effectiveness of the Australian Skills Quality Authority’s planning and implementation of reform to the regulation of the vocational education and training sector. Read more here.

Investigation into the regulation of lobbying, access and influence in NSW (Operation Eclipse)
ICAC: 22 June 2021. The ICAC finds that new legislation, or significant reform of the current Lobbying of Government Officials Act 2011, is required to safeguard the public interest against the inherent lobbying risks of corruption and undue influence. Cick here to read the report.


ERG (on behalf of ABC) v St Catherine’s School Sydney; ERG v St Catherine’s School Sydney [2021] NSWCATAD 144
HUMAN RIGHTS – discrimination – race – less favourable treatment – same or not materially different circumstances – causation.
HUMAN RIGHTS – victimisation – causation.
HUMAN RIGHTS – Tribunals – Civil and Administrative Tribunal – leave to commence proceedings – principles concerning grant of leave.

Wavelength Group Pty Ltd v Upper Hunter Shire Council [2021] NSWCATAD 182
ADMINISTRATIVE LAW – access to government information – access application – public interest considerations in favour of disclosure – public interest considerations against disclosure – whether overriding public interest against disclosure.

Stoneham v Director of Public Prosecutions (NSW) [2021] NSWSC 735
APPEALS – procedure – adjournment – where Magistrate adjourned sentence proceedings pursuant to section 40 of the Criminal Procedure Act 1986 (NSW) to avoid operation of section 58 of the Crimes (Sentencing Procedure) Act 1999 (NSW) – whether Magistrate erred in interpretation of section 58 – whether incorrect interpretation of section 58 enlivened section 52 of the Crimes (Appeal and Review) Act 2001 (NSW).
ADMINISTRATIVE LAW – whether Magistrate’s decision to adjourn sentence proceedings a reviewable error of law – jurisdictional error.

Flaherty v Upper Hunter Shire Council [2021] NSWCATAD 178
FREEDOM OF INFORMATION – government information – whether redaction of irrelevant material is a reviewable decision – personal information and health information – defamatory allegations – endanger a person’s health.

Bonner v Chief Commissioner of State Revenue [2021] NSWCATAP 180
TAX AND DUTIES – payroll tax – liability – employment agents – employment agency contract – interpretation of Payroll Tax Act 2007 (NSW), section 37(1).
ADMINISTRATIVE LAW – administrative review of decision made by Chief Commissioner of State Revenue under Administrative Decisions Review Act 1997 (NSW) – decision subject of objection lodged by tax payer.

Wojciechowska v Blue Mountains City Council [2021] NSWCATAP 179
CONSTITUTIONAL LAW (CTH) – chapter III – where application under the Government Information (Public Access) Act 2009 (NSW) came before Civil and Administrative Tribunal of New South Wales (NCAT) – where one party is state of NSW and the other party is a resident of another state where common ground that NCAT not a "court of a state" – whether NCAT exercised state judicial power in hearing and determining a dispute under the GIPA Act.

Goodwin v NSW Treasury [2021] NSWCATAD 176
FREEDOM OF INFORMATION – government information – remuneration of senior executives – personal information – prejudice to professional or financial interests – prejudice to agency’s functions.

Central Coast Council v 422 Pacific Highway Wyong Pty Ltd [2021] NSWLEC 64
JUDICIAL REVIEW – first respondent granted complying development certificate by sixth respondent for “landscaping material supplies” on land owned by second to fifth respondents – certificate purported to authorise importation and placement of fill to a depth of 1.95 metres across the properties owned by second to fifth respondents – Council seeks declaration that the certificate is invalid – necessity for engineer’s certificate of structural stability a prerequisite mandated by clause 5A.27(3)(a) of State Environmental Planning Policy (Exempt And Complying Development Codes) 2008 – no engineer’s certificate provided to sixth respondent – first basis of invalidity established – evidence the certificate was not issued by sixth respondent but by another certifier purporting to issue the certificate in sixth respondent's name – further basis of invalidity of certificate established – first respondent submits to the making of a declaration of invalidity of the certificate – certificate declared invalid.
DISCRETION – substantial volumes of fill placed by first respondent relying on the first and/or second certificate – issues of relief on declarations of invalidity deferred to further hearing – directions made for further hearing.

Morgan v Commissioner of Police [2021] NSWCATAD 173
GOVERNMENT INFORMATION – Government Information (Public Access) Act 2009 – disclosure of body-worn video.

Else v Service NSW [2021] NSWCATAD 172
ADMINISTRATIVE LAW – application for review of conduct under Privacy and Personal Information Protection Act 1988 – where alleged conduct was the use of personal information for a purpose other than that for which it was collected – whether that conduct contravenes information protection principle 10 under section 17 of that.

Electrical Licensing Committee v Whatalec Pty Ltd & Brindley [2021] QSC 159
ADMINISTRATIVE LAW – JUDICIAL REVIEW – REVIEWABLE DECISIONS AND CONDUCT – REVIEW OF PARTICULAR DECISIONS – where the applicant made a decision, pursuant to section 121(1)(a) of the Electrical Safety Act 2002 (the Act), that a ground existed for taking disciplinary action against each of the respondents – where the applicant made a further decision, pursuant to section 121(1)(b) of the Act, to take disciplinary action against each of the respondents – where the respondents sought review of the applicant’s decision in each case – where the applicant now applies under section 13 and/or section 48 of the Judicial Review Act 1991 for the dismissal of the respondents’ applications for statutory orders of review – where section 172 of the Act provides for external review by the Queensland Civil and Administrative Tribunal (QCAT review) of a “disciplinary decision” as defined in section 167 of the Act – where the applicant contends that the QCAT review process would encompass, as well as review of the decision to take disciplinary action, consideration of the grounds on which it was made, so that the applications for statutory orders of review should be dismissed – where the respondents contend that the right of review under section 172 of the Act is confined to the decisions as to whether, and what, disciplinary action should be taken and excludes the decision as to whether grounds existed for taking that action – whether QCAT review is available for both the section 121(a) decisions that grounds exist and the section 121(b) decisions as to whether and what action should be taken, so that the respondents’ applications for statutory orders of review should be dismissed.



Online Safety (Transitional Provisions and Consequential Amendments) Bill 2021
Finally passed both houses 22 June 2021 – introduced with the Online Safety Bill 2021, the bill: Repeals the Enhancing Online Safety Act 2015; makes consequential amendments to 10 Acts; amends the Crimes Act 1914, Export Market Development Grants Act 1997 and Online Safety Act 2021, when enacted, to make amendments contingent on the commencement of certain other Acts; and contains transitional and application provisions.

Online Safety Bill 2021
Finally passed both houses 23 June 2021 – introduced with the Online Safety (Transitional Provisions and Consequential Amendments) Bill 2021, the bill: Retains and replicates certain provisions in the Enhancing Online Safety Act 2015, including the non-consensual sharing of intimate images scheme; specifies basic online safety expectations; establishes an online content scheme for the removal of certain material; creates a complaints-based removal notice scheme for cyber-abuse being perpetrated against an Australian adult; broadens the cyber-bullying scheme to capture harms occurring on services other than social media; reduces the timeframe for service providers to respond to a removal notice from the eSafety Commissioner; brings providers of app distribution services and internet search engine services into the remit of the new online content scheme; and establishes a power for the eSafety Commissioner to request or require internet service providers to disable access to material depicting, promoting, inciting or instructing in abhorrent violent conduct for time-limited periods in crisis situations.

Telecommunications Legislation Amendment (International Production Orders) Bill 2020
Finally passed both houses 24 June 2021 – amends the Telecommunications (Interception and Access) Act 1979 to: Provide a framework for Australian agencies to obtain independently-authorised international production orders for interception, stored communications and telecommunications data directly to designated communications providers in foreign countries with which Australia has a designated international agreement; make amendments contingent on the commencement of the proposed Federal Circuit and Family Court of Australia Act 2020; and remove the ability for nominated Administrative Appeals Tribunal members to issue certain warrants.

Hazardous Waste (Regulation of Exports and Imports) Amendment Bill 2021
Assent Act no: 73. Year: 2021. 30 June 2021 – amends the: Hazardous Waste (Regulation of Exports and Imports) Act 1989 to: Implement Australia's obligations under the Basel Convention on the Control or Transboundary Movements of Hazardous Wastes and their Disposal; apply the standard provisions of the Regulatory Powers (Standard Provisions) Act 2014 and insert new audit powers; update existing criminal offences and introduce new strict liability offences and civil penalties to cover non-compliance.

Biosecurity Amendment (Strengthening Penalties) Bill 2021
Assent Act no: 58. Year: 2021. 29 June 2021. Amends the Biosecurity Act 2015 to increase the civil and criminal penalty amounts for contraventions of certain key requirements relating to the assessment and management of biosecurity risks of goods that are brought or imported into Australian territory, and the carrying out of biosecurity activities in accordance with an approved arrangement.

Repatriation of Defence Data Bill 2021
HR 21 June 2021 – a Bill for an Act to require the repatriation of defence data to sovereign Australian storage facilities, and for related purposes. If a sensitive data store is held in a high-risk storage facility, the secretary must cause the sensitive data store to be transferred, before 25 April 2022, to a sovereign Australian storage facility.

Ransomware Payments Bill 2021
HR 21 June 2021 – this is a stand-alone Bill to establish a mandatory reporting requirement for Commonwealth entities, state or territory agencies, corporations, and partnerships who make ransomware payments in response to a ransomware attack. The Bill will require entities who make a ransomware payment to notify the ACSC of key details of the attack, the attacker, and the payment. This information will be held by the ACSC.

No Domestic COVID Vaccine Passports Bill 2021
HR 21 June 2021 – the Bill prohibits the Commonwealth, states and territories and other non-government entities from issuing domestic vaccine passports or certification and also prohibits discrimination on the basis of whether a person has had a COVID vaccination in the provision of goods, services and facilities and also in employment, education, accommodation and sport.


Public Governance, Performance and Accountability Amendment (Digital Transformation Agency) Rules 2021
29/06/2021 – this instrument amends the Public Governance, Performance and Accountability Rule 2014 to amend and expand the purposes of the Digital Transformation Agency (DTA) as a listed in clause 10 for finance law, and repeal the sunset provision at subclause 10(2) to allow the DTA to continue as a listed entity under the Public Governance, Performance and Accountability Act 2013. 

Remuneration Tribunal (Members of Parliament) Determination 2021
21/06/2021 this determination deals with the remuneration of members of Parliament, the rates of travel allowance payable to such members, and the allowances and expenses to be paid to former members. The remuneration, allowances and expenses are to be paid out of the public money of the Commonwealth. 


Proclamations commencing Acts
Defamation Amendment Act 2020 No 16 (2021–303) – published LW 25 June 2021.
Government Sector Finance Act 2018 No 55 (2021–304) – published LW 25 June 2021.
Government Sector Finance Legislation (Repeal and Amendment) Act 2018 No 70 (2021–305) – published LW 25 June 2021.

Regulations and other miscellaneous instruments
Greyhound Racing Act 2017 – Greyhound Racing Rules (2021–345) – published LW 30 June 2021.
Firearms Amendment Regulation 2021 (2021–314) – published LW 25 June 2021.
Government Sector Audit Regulation 2021 (2021–315) – published LW 25 June 2021.
Justice Legislation Amendment (Fees) Regulation 2021 (2021–323) – published LW 25 June 2021.
Land Acquisition (Just Terms Compensation) Act 1991 – Notice under the Land Acquisition (Just Terms Compensation) Act 1991 (2021–334) – published LW 25 June 2021.
Liquor Amendment (Miscellaneous) Regulation (No 2) 2021 (2021–324) – published LW 25 June 2021.
Private Health Facilities Amendment (Reportable Incidents) Regulation 2021 (2021–325) – published LW 25 June 2021.
Public Health Amendment (COVID-19 Mandatory Face Coverings) Regulation (No 3) 2021 (2021–326) – published LW 25 June 2021.
Unlawful Gambling Regulation 2021 (2021–329) – published LW 25 June 2021.
Weapons Prohibition Amendment Regulation 2021 (2021–331) – published LW 25 June 2021.

Bills passed by both Houses of Parliament – 25 June 2021
Electoral Legislation Amendment (Local Government Elections) Bill 2021

Bills assented to
Families, Communities and Disability Services Miscellaneous Amendment Act 2021 No 16 – assented to 23 June 2021.
Mutual Recognition (New South Wales) Amendment Act 2021 No 17 – assented to 23 June 2021. For the full text of Bills, and details on the passage of Bills, click here.

Bills assented to
Electoral Legislation Amendment (Local Government Elections) Act 2021 No 20 – assented to 28 June 2021.

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 newsletter is accurate at the date it is received or that it will continue to be accurate in the future.

Published by:

Clare Giugni

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