From the outset, the NSW Freedom of Information Act 1989 has been subject to amendment and criticism. While its introduction was accompanied by high expectations about improved democratic accountability, for many its actual operation has proved inadequate. Gareth Griffith surveys the major issues in FOI debate, along with the recent developments in this area of...

This background paper, which reflects the law as at 1 March 2007, discusses questions and issues in parliamentary privilege that continue to be the subject of debate or uncertainty. These include the law relating to: the execution of search warrants, the issuing of subpoenas and orders for discovery in Parliament; the 'effective repetition' of statements...

On 14 November 2006, the High Court handed down its long-awaited decision in the Workplace Relations Case. By a majority of 5:2, the Court rejected all of the challenges by the States and unions to the constitutional validity of the Federal Government’s new workplace relations laws, which were passed in December last year. For many...

This paper sets out the respective responsibilities of the Commonwealth and state governments for health care, identifying those areas where cost-shifting and duplication exist. It discusses some of the major issues in the health debate, with a view to identifying the extent to which they are connected to the federal division of responsibilities. In this...

The retention of DNA and other forensic evidence following the completion of the trial process raises many issues for the criminal law. On one side, is ‘fresh’ DNA or other evidence to be used by the prosecution to mount an appeal against what is perceived to be a wrongful acquittal, thereby transgressing the rule against...