Category: Administrative Law (page 1 of 5)

The confused construction of ‘non-refoulement’ in the Ministerial Directions for visa cancellations

BY CHRIS HONNERY

The number of visa cancellations on character grounds has increased by over 1100 per cent in the wake of December 2014 amendments to the Migration Act 1958 (Cth) (the Act). While outlining all the ways a visa … Read the rest

Frenetic law making during the COVID-19 pandemic: the impact on doctors, patients and the Medicare system

This is one of a special series of posts exploring the public law implications of the COVID-19 pandemic. For more information on the Gilbert + Tobin Centre’s work in the area of public law and public health, see here.

BY … Read the rest

Can Parliamentary Privilege be Used to Shut Down Parliamentary Accountability?

BY ANNE TWOMEY

Parliamentary privilege was established for the purposes of protecting Members of Parliament from being prosecuted or penalised for what they debated in Parliament or from being controlled by the executive in what they were permitted to debate. … Read the rest

“A powerful chill”? Comcare v Banerji [2019] HCA 23 and the political expression of public servants

BY KIERAN PENDER

This month, the High Court of Australia confronted for the first time an issue that has vexed courts around the world for decades. How can the compelling need for an impartial bureaucracy be reconciled with the fact … Read the rest

Legislative Equality for Vulnerable Australians

BY ZACH RICHARDS

Justice and Related Legislation (Marriage and Gender Amendments) Act 2019 (Tas)

On 10 April 2019 Tasmania passed legislation that will make life significantly easier for vulnerable transgender (hereafter ‘trans’) people. The Justice and Related Legislation (Marriage and Read the rest

Judicial Review and Inferences about Briefing Notes

BY MATT FLORO AND JASPER BROWN

Briefing notes play a significant role in the formation of a statutory decision-maker’s opinion. If it can be inferred that a statutory decision-maker read and considered a briefing note together with the attachments to … Read the rest

AAT: Importance, Independence and Appointments

BY NARELLE BEDFORD

Introduction

The Commonwealth Administrative Appeals Tribunal (AAT) commenced operations in 1976. Over time its jurisdiction has been expanded and it now reviews a vast array of federal government decisions made under more than 400 Acts. The AAT … Read the rest

Wrong place, wrong time: The next logical step in environmental, planning and climate change jurisprudence

BY MATT FLORO AND JASPER BROWN

On 8 February 2019, Chief Judge Preston of the NSW Land and Environment Court (LEC) handed down his landmark decision in Gloucester Resources Limited v Minister for Planning [2019] NSWLEC 7 (… Read the rest

Automated Processes and Administrative Law: The Case of Pintarich

BY ANNA HUGGINS

The recent Full Federal Court decision in Pintarich v Deputy Commissioner of Taxation (‘Pintarich’) raises questions about the extent to which traditional administrative law doctrines are still fit for purpose in the digital age. In … Read the rest

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