Administrative law and government enforcement

A refusal, investigation or compliance notice can affect whether a project proceeds or a business continues to operate. Stone & Pillar Legal advises landowners, businesses and project proponents on government decisions, investigations and enforcement action.

We assess the authority’s powers, your obligations and the available response. We also advise councils and public authorities on the exercise of statutory powers within our practice areas.

Discuss a decision or enforcement action

Complimentary 30-minute preliminary call. No legal advice is provided. Neither booking nor the call engages the firm; we act only once we confirm in writing.

How we help

• Statutory powers, legal obligations and review rights.
• Government investigations, compliance notices and enforcement action.
• Submissions before adverse decisions are made or sanctions are imposed.
• Internal review, merits review, statutory appeals and judicial review, where available.
• Urgent stays, injunctions and other interim orders.
• Reasons, access to government information and related review rights.
• Advice to public authorities on delegations, procedural fairness and reasons.

Our focus includes planning, environmental regulation, project approvals, local government, building regulation and licensing matters affecting land and business operations.

Government investigations and enforcement action

We advise on responding to councils, the NSW Environment Protection Authority, Building Commission NSW and other authorities in matters within our practice areas. That work may begin with an allegation or investigation, before any proceedings are commenced.

Our work includes:

• Responses to allegations, investigation correspondence and requests for information or documents.
• Advice on compulsory notices, inspections, entry powers and proposed interviews.
• Show-cause responses and submissions about proposed licence suspension, cancellation or restrictive conditions.
• Responses to stop-work, clean-up, prevention, rectification and other compliance notices or orders.
• Advice on penalty notices, proposed sanctions, prosecution risks and the appropriate response if proceedings are commenced.
• Representations on proposed enforcement action, remedial measures and enforceable undertakings, where available and appropriate.

We identify which requests are voluntary, which requirements are compulsory and when a response is due. Our advice addresses the scope of the authority’s powers, preservation of records, legal professional privilege and any statutory protections relevant to producing material or answering questions.

A regulatory matter may involve an administrative decision, civil enforcement or an alleged offence. Each requires its own assessment of the evidence, procedure and available response. Our advice addresses what must be done now and how that response may affect any review, negotiation or proceedings.

Read our government investigations issue overview.

Responding before a decision is made

A notice of proposed action or invitation to make submissions may provide an opportunity to influence the decision. The response should address the statutory test, the evidence and any alternative the decision-maker can lawfully adopt.

We prepare submissions, address adverse material and identify the documents or expert evidence required. Where appropriate, we propose conditions, changes to compliance arrangements or other measures that address the authority’s concerns.

Where a decision is delayed, we examine whether a request for determination, a deemed-refusal appeal or another remedy is available under the applicable statutory process.

Read our representations before a decision issue overview.

Review and appeal rights

The decision, governing legislation and your entitlement to seek review determine the available options.

Pathway	What it involves
Internal review or reconsideration	Asking the agency to reconsider its decision through an available process. Statutory internal review may be required before external review.
Merits review or a merits appeal	Reconsidering the facts and law to determine the correct or preferable decision. The review body’s powers and the evidence it can consider depend on the statutory scheme.
Judicial review	Asking a court to examine the legal validity of a decision or action, including whether the authority had power to act and followed the required process.

Not every decision carries a merits review right. NCAT can review only decisions for which legislation gives it jurisdiction. Planning and environmental decisions may have a review pathway in the Land and Environment Court. Other decisions may require proceedings in a different court or tribunal.

We identify the forum, any preliminary requirements, the filing deadline and the orders that could address your circumstances.

Read our government decision review issue overview.

Grounds and limits of judicial review

Judicial review may concern whether the decision-maker acted within power, afforded procedural fairness, considered matters the law required it to consider or exercised the power for a lawful purpose.

An adverse outcome does not, of itself, establish legal error. We assess the alleged error, its significance and the available relief against the decision and the governing statutory scheme.

A successful challenge may result in the decision being set aside and reconsidered. It does not necessarily secure the approval or other outcome sought. The decision-maker may lawfully reach the same result. Any claim to compensation requires its own legal basis.

Our advice addresses the strength of the proposed challenge and the practical value of the relief it could secure.

Read our judicial review issue overview.

Deadlines and interim relief

Time limits depend on the applicable rules and the event that starts time running. The date of the decision, notification, publication or service may be relevant.

Do not assume that correspondence, a complaint or an information request extends a review deadline, or that an application for review suspends the decision.

Where a decision or enforcement action threatens operations, works or other immediate interests, we assess whether a stay, injunction or other interim order is available and justified. That question requires separate consideration and may call for urgent evidence and an application.

Read our stays and interim orders issue overview.

Reasons and access to government information

Reasons and supporting records can inform the response to a decision. We advise on whether reasons can be requested and how relevant material may be obtained.

Options may include publicly available records, an informal request, an application under the Government Information (Public Access) Act 2009 (NSW) or an applicable Commonwealth freedom of information process.

Access rights are subject to statutory limits and exemptions. We consider the information request alongside any review or appeal deadline.

Read our reasons and government information issue overview.

Advice for councils and public authorities

We advise on statutory interpretation, investigation and enforcement powers, delegations, procedural fairness, decision records and reasons. We assist with preparing notices, assessing proposed enforcement action, considering representations and identifying legal risks before a decision is made.

The work supports lawful decisions, an adequate evidentiary basis and a clear record of the reasons. Engagements are subject to conflict checks.

Read our public authority decision-making issue overview.

Assessing the available response

The objective may be a workable licence condition, permission to proceed, continued operations, a proportionate enforcement response or a fresh decision through a lawful process.

We assess which options could achieve that objective, their prospects, the evidence required, timing, legal and expert costs, and any exposure to another party’s costs. That assessment includes early representations, reconsideration, negotiation and a revised application, as well as proceedings.

You work directly with Michael Themis, Principal Solicitor. His background includes Herbert Smith Freehills, King & Wood Mallesons and senior in-house roles in the Commonwealth and NSW governments.

Before substantive work begins, we agree the scope and explain the proposed fees. An initial engagement can address the decision or enforcement action, urgent dates, response obligations, available remedies and recommended next steps.

Read our government decision review issue overview.

Related practice areas

• Planning and development
• Project approvals and licensing
• Environmental regulation
• Council orders, notices and local government