Category: Administrative Law (page 1 of 4)

Minister for Immigration and Border Protection v SZVFW: The High Court on Unreasonableness and The Role of Judicial Review

BY GRANT HOOPER

Five years after the decision in Minister for Immigration and Citizenship v Li (2003) (Li) the High Court in Minister for Immigration and Border Protection v SZVFW & Ors (2018) (SZVFW) has revisited the controversial … Read the rest

The Constitutional Crisis that Keeps on Giving: Could an Invalidly Appointed Minister’s Decisions be Challenged via Judicial Review?

BY JANINA BOUGHEY

In the midst of the Liberal Party’s recent leadership turmoil, questions were raised about Peter Dutton’s eligibility to sit in Parliament. As Minister for Home Affairs (which, until the latest re-shuffle included immigration) Dutton was responsible, … Read the rest

Freedom of Political Communication and Public Servants

BY ANTHONY GRAY

In 1992 the Australian High Court recognised that the democratic nature of Australia’s Constitution required freedom of communication that was ‘political’ in nature. Though some matters have been resolved, the limited case law means that many of … Read the rest

Renewing the NDIS: Refocusing the Eligibility Debate

BY DARREN O’DONOVAN

The eligibility test for accessing the National Disability Insurance Scheme (NDIS) has risen to the front pages of the nation’s media amidst debates about the future position of autism within the scheme. This post introduces the criteria … Read the rest

Removing the Goal Posts: Manipulation of ‘Country Information’ and Public Law

BY JOSEPH LAVELLE WILSON AND DOUGLAS MCDONALD-NORMAN

‘Country information’ is information about other countries, which plays an essential role in refugee status determination (RSD). In Australia, RSD is conducted by officers of the Department of Home Affairs and by the … Read the rest

Public Accountability over major mining projects in Queensland

BY NARELLE BEDFORD

The Adani mine has become synonymous with the ‘lawfare’ debate and issues relating to the suitability of review of mining decisions by courts. The first of the judicial review actions relating to Adani resulted in a consent Read the rest

Fairness and Efficiency in the Migration ‘Fast Track’ Process

BY MARIA O’SULLIVAN

Case law dealing with migration has been highly influential in the development of administrative law in Australia, particularly in relation to procedural fairness. The High Court has developed a robust set of procedural fairness principles in the … Read the rest

Two questions about the powers of anti-corruption commissions

BY GRANT HOOLE

On the 28th of February 2018, little more than two weeks before South Australian voters went to the polls to elect a new Liberal government, the state’s Independent Commissioner Against Corruption released a blistering report on … Read the rest

Robo-Debt Illegality: A Failure of Rule of Law Protections?

BY TERRY CARNEY

Robo-debts lack any legal foundation

Nearly two years after social security’s popularly-called ‘robo-debts’ began to be raised without any adequate proofs, Australia’s much vaunted justice machinery has failed to expose the emperor’s lack of (legal) clothes.

The … Read the rest

What is Administrative Law About? Power, Rights, and Judicial Culture in Australia

BY JOE MCINTYRE

Administrative Law has always exposed difficult constitutional fault lines. As the role of the State expanded, courts improvised responses to affect a broadly effective system of legal accountability for executive action. This evolution has, however, left a … Read the rest

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