Sam, delays if a decline opens the government to procedural unfairness and potentially disreputable conduct.
In a court of law, disreputable conduct is higher than negligence, it is gross negligence.
The nsw laws are one area, but those laws are not backdated pre the pep11 application.
If federal passes laws they also will not be backdated.
We then may have the nopta recommendation under pre existing law, and the minister post nopta laws.
In a court the judiciary most likely orders decisions be made under pre laws.
So the government delaying, especially if declined opens them to adverse findings.
I do not think there is any way for the gov to decline without averse findings and compensation.
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