Ian Tunstall

Section 40 and the Speaker’s Vote

Ian Tunstall — Thu, 23 Sep 2010 13:06:23 +0000

The debate about the Speaker’s voting practice in the House of Representatives has received legal attention by the Commonwealth Solicitor-General, academic and other comments on the Speaker’s vote and section 40 of the Commonwealth of Australia Constitution. This article examines the provision to assess the extent to which section 40...

Proposed statutory tort of invasion of privacy

Ian Tunstall — Mon, 25 Jan 2010 12:05:27 +0000

The Australian Law Reform Commission and the New South Wales Law Reform Commission have proposed a statutory tort of invasion of privacy. The reasons given in both proposals lack comprehensive study and analysis, appearing to resort to ideological pursuits rather than rely on a proper analysis of the general law...

Freedom of Information Act 1982 and the proposed Information Commissioner

Ian Tunstall — Mon, 25 Jan 2010 12:04:30 +0000

The Commonwealth Government has introduced the Information Commissioner Bill 2009 and a reform Bill to amend the Freedom of Information Act 1982. The Information Commissioner Bill introduces a new regulatory scheme to oversee the operations and administration of the Freedom of Information Act and the Privacy Act 1988. It establishes the offices of the...

Acted Honestly

Ian Tunstall — Wed, 11 Nov 2009 12:03:35 +0000

A person who acted honestly in the context of all the circumstances of the case in connection with the person’s office in a corporation can be excused for a contravention and be relieved from liability (Corporations Act 2001, ss 1317S(2); 1318(1)). The expression, acted honestly, for purposes of the Corporations...

Should corporate governance be a legal concept?

Ian Tunstall — Mon, 28 Apr 2008 13:02:41 +0000

Corporate governance contains legal issues and frameworks but it is itself not a legal concept. The issue arose in a paper by Justice R P Austin, “Directors Duties and Financial Responsibilities”, delivered at the University of New South Wales, Faculty of Law, Directors Duties and Financial Responsibilities, Tuesday 26 November...

Strategic network investment for effective generation

Ian Tunstall — Mon, 16 Jul 2007 13:01:39 +0000

The Energy Reform Implementation Group (ERIG) says that efficient transmission requires the identification of “strategic network investments that maximise the national character of the transmission system” (ERIG, Governments (COAG), Energy Reform: The way forward for Australia (January 2007). This would enhance arrangements for transmission planning, co-ordination and information provision. The...

Efficient investment in transmission

Ian Tunstall — Mon, 11 Jun 2007 13:00:39 +0000

The efficiency of investment in transmission is a critical issue. The Energy Reform Implementation Group (ERIG) spends space on this discussion in its report to the Council of Australian Governments (COAG), Energy Reform: The way forward for Australia (January 2007). ERIG says: “The transmission network provides the physical backbone of...

Victorian Government’s view of the national water plan

Ian Tunstall — Mon, 11 Jun 2007 12:59:34 +0000

A National Plan for Water Security(Plan) is not accepted by the Victorian Government. Instead, the Victorian Government issued National Water Reform: A comprehensive and Balanced National Water Reform Plan as its proposal on 21 February 2007 (Victorian Proposal). The announcement said that the Victorian comprehensive proposal provides a balanced plan with 4...

Streamlining prudential regulation

Ian Tunstall — Mon, 28 May 2007 12:58:38 +0000

In a pervious article I referred to the review of prudential regulation or supervision as those in the banking industry would prefer to call it. The review of prudential regulation is important to watch particularly since a Bill has been prepared. The proposals paper, Streamlining prudential regulation: response to ‘Rethinking...

To encourage corporate responsibility

Ian Tunstall — Mon, 28 May 2007 12:57:41 +0000

The message from the Parliamentary Joint Committee on Corporations and Financial Services report,Corporate responsibility: Managing risk and creating value (June 2006), is to encourage corporate responsibility. The voluntary approach adopted by corporations is the better course according to the Parliamentary Joint Committee. To recommend legislating for corporate responsibility would not achieve...

Corporations and sustainability reporting

Ian Tunstall — Thu, 24 May 2007 12:56:44 +0000

According to its report, Corporate responsibility: Managing risk and creating value (June 2006), the Parliamentary Joint Committee on Corporations and Financial Services considers sustainability reporting. Sustainability reporting is defined in the report as “the practice of corporations and other organisations measuring and publicly reporting on their economic, social and environmental performance.” The...

Transmission and economies of scale

Ian Tunstall — Sun, 13 May 2007 12:56:04 +0000

Transmission networks for electricity have evolved on a State basis and planning has been State specific. This evolution needs to continue with transmission networks securing economies of scale by planning on a national basis. This means transmission network operators need to secure cross border linkages, acquisitions or mergers to capitalise...

Managing risks of water use under a national plan

Ian Tunstall — Mon, 30 Apr 2007 12:54:49 +0000

My previous articles have been looking at the National Water Initiative (NWI) and the risks for changes in water allocations. I would like to refer to the current debate about a national water plan and how this will impact on NWI in relation to water allocations. I want to also...

Congestion on the network

Ian Tunstall — Tue, 17 Apr 2007 12:53:54 +0000

The economic regulation of electricity supply is significantly impacted by the engineering aspects of electricity generation, transmission and distribution. This is clear in the case of congestion on the network, This “occurs when the available transmission capacity means electricity demand cannot be met using the lowest cost generation available.” (AEMC, Issues...

Competitive energy market and regulated network services

Ian Tunstall — Tue, 10 Apr 2007 12:53:02 +0000

The National Electricity Market (NEM) separates the competitive energy market and regulated network services according to the Energy Reform Implementation Group (ERIG). Its Issues Paper of June 2006 states that the purpose of the separation is to facilitate competition between generators. It also enables network services providers become common carriers...