Webinar Replay
Click here to download a PDF copy of the presentation slides.
On Friday 4 March 2022, Russell Kennedy hosted its six Government CPD session, Enforcement Notices 101. This session is worth 1 CPD Point in Substantive Law.
This session was aimed at all government lawyers and investigators.
Many regulators have the power to issue an enforcement notice to either prohibit an activity or require something to be done. Enforcement notices are a powerful enforcement tool to bring about compliance almost immediately. This seminar discussed the common errors when issuing enforcement notices and the key areas of challenge. We looked at the threshold tests involved, what to look for when reviewing notices and we will explore what good administrative decision making looks like in an enforcement context.
This session covered:
- Thresholds for issuing enforcement notices
- How to recognise errors on the face of the notices
- Cases which have provided guidance on the test of ‘reasonable belief’ in the context of enforcement notices
- The requirements of procedural fairness when issuing enforcement notices
- An understanding of good administrative decision making
- Common tips and traps when reviewing or drafting enforcement notices
In this session, Kylie Walsh, Principal and Natalie Marchesani, Senior Associate from the Russell Kennedy Public Law team discussed these common issues in light of some recent client scenarios and decisions.
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