Partner

Scott Moloney

Scott is an experienced government and administrative lawyer who is familiar with all aspects of public law, including legislative and policy development, information management and privacy issues, administrative law advice and litigation services.

Expertise

Scott has worked in private practice in Canberra for the past 20 years, in busy government and administrative law practices for some of Australia’s leading law firms.  Scott’s broad experience includes:

  • Administrative law advice, particularly in relation to complex statutory schemes, including statutory interpretation of acts and delegated legislation including transitional provisions.
  • Drafting administrative decisions, including initial determinations and reconsiderations, under the Safety, Rehabilitation and Compensation Act In 2018/2019 Scott was the authorised claims manager for a licensee operating in the Comcare scheme, and was responsible for drafting all internal reconsideration decisions on a national basis.
  • Defending administrative decisions in the Administrative Appeals Tribunal and Federal Courts on a national basis for Comcare and various licensees operating in the Comcare scheme, including acting as a solicitor advocate.
  • Providing advice on claims made under various discretionary compensation schemes, including Compensation for Detriment Caused by Defective Administration, and Act of Grace payments.
  • Defending common law claims made against government and public authorities in the ACT courts for Comcover and various insurers.
  • Strong project management skills in relation to stakeholder management and meeting KPIs / deadlines, including supervision and up-skilling of junior lawyers.

Recent Projects

Scott has worked on a range of interesting legislative and policy development projects over the years including:

  • Lawyer embedded in the Defence team responsible for developing the Military Rehabilitation and Compensation Act (2004), Australia’s first stand-alone workers’ compensation scheme for current and former ADF members. This was a 12 month project.
  • Lawyer and Team Leader embedded in the legislation section of the (then) Department of Immigration and Multicultural Affairs, working on the Migration Legislation Rules Project, involving translating the Migration Act, Regulations and Policy Manuals into business rules via Oracle Policy Development Software to allow for automated administrative decision making. This was a 9 month project.
  • Providing advice to the Royal Australian Navy and Department of Defence in relation to amendments proposed to the Defence Act 1903 via the Defence Legislation Amendment (First Principles) Act
  • In 2011 to 2014, Scott provided ad-hoc advice to the Department of Defence in relation to proposed legislative amendments required to enable Project SUAKIN, the modernisation of the ADF’s workforce model, including in relation to amendments to various policies, such as the Military Personnel Manual.
  • Scott is currently engaged by the Director of Military Remuneration, Department of Defence, as an Assistant Defence Force Advocate. Scott works closely with the Department, relevant Single Service policy owners and the Defence Force Advocate (Jeffrey Phillips SC) to develop applications to the Defence Force Remuneration Tribunal, seeking changes or increases to the pay and conditions of various cohorts of ADF members.
  • Drafting initial determination and second tier review decisions in relation to claims made under the Safety, Rehabilitation and Compensation Act 1988 (Cth) and Military Rehabilitation and Compensation Act 2004 (Cth).
  • Statutory interpretation advice in relation to various statutory schemes including the Safety, Rehabilitation and Compensation Act 1988 (Cth) and Military Rehabilitation and Compensation Act 2004 (Cth), Military Superannuation and Benefits Act 1991 (Cth), and various policies including the Guide to the Assessment of the Degree of Permanent Impairment, the Military Personnel Policy Manual and the ADF Pay and Conditions Manual.
  • Defending reviewable decisions in the Administrative Appeals Tribunal around Australia, including familiarity with tribunal guides and practice directions, and on appeal to the Federal Court, including familiarity with court practice and procedure.
  • Experience commissioning expert reports, particularly relating to medico-legal issues, including knowledge of the best experts to use in relation to specific medical conditions, such as chronic pain conditions, and in relation to “cease effects” decisions where the effects pre-existing constitutional conditions have overtaken the effects of a compensable injury.
  • Appearing as solicitor advocate in interlocutory applications and hearings in the Administrative Appeals Tribunal. Scott’s last hearing in August 2020 was a two-day hearing before Senior Member Kirk and Member Dr Fricker (Nguyen-Kieu and Australian Postal Corporation [2021] 28 January 2021).
  • Providing advice in relation to applications for information made under the Freedom of Information Act 1982 (Cth), including familiarity with the Australian Information Commissioner guidelines, and providing advice in relation to the operation of the Privacy Act 1988 (Cth).
  • Assisting with the preparation of an administrative law training package that was presented to members of the Defence Honours and Awards Tribunal by Mr Denis O’Brien (a former head of the Migration Review Tribunal and Refugee Review Tribunal).
  • Appointment as an Assistant Inspector General of the Australian Defence Force pursuant to section 110P of the Defence Act 1903 (Cth) to act as an inquiry assistant undertaking administrative inquiries commenced under the Inspector-General of the Australian Defence Force Regulation 2016 (Cth).  In this role Scott drafts terms of reference, provides advice on the coercive information gathering powers contained in the regulation, questions witnesses, prepares procedural fairness notices to potentially adversely affected persons, considers PAP responses, and drafts inquiry reports.  Scott also acts as an inquiry assistant for inquiries commenced under the Defence (Inquiry) Regulations 2018 (Cth) for Headquarters Joint Operations Command and Military Strategic Commitments

Professional qualifications

  • Diploma of Law (LPAB)
  • Graduate Diploma of Legal Practice (ANU)
  • Graduate Certificate in Military Law (ANU)
  • Unrestricted practising certificate (ACT Law Society)
  • Admitted as a Barrister and Solicitor on the High Court roll of practitioners (1999)
  • Admitted as a Barrister and Solicitor of the ACT Supreme Court (1999)
  • Admitted as a Solicitor of the Supreme Court of Western Australia (2006)
  • Legal Officer (Active Reserve), Royal Australian Navy (2008)
  • NV2 security clearance issued by AGSVA (March 2016)
  • Honorary Solicitor, Defence Special Needs Support Group Inc.

    Sector

location

Canberra

Partner

Oliver Young