Category: Administrative Law (page 1 of 2)

Australia’s commitment to open government reform

BY PETER TIMMINS

The voters aren’t happy.

While there is no single antidote for this winter of discontent, the way government governs is a contributing factor.

The government tells us that belief in democracy is a shared Australian value and … Read the rest

The Rule of Law as an Assumption of the Australian Constitution

BY LISA BURTON CRAWFORD

In Australian Communist Party v The Commonwealth, Justice Dixon famously asserted that the rule of law ‘forms an assumption’ of the Australian Constitution. This has been cited and repeated with such frequency that it … Read the rest

Plaintiff M96A and the elusive limits of immigration detention

BY SANGEETHA PILLAI

In Plaintiff M96A/2016 v Commonwealth, the High Court unanimously held that a mother and daughter, who were transferred from detention in Nauru to Australia to obtain medical treatment, were validly held in immigration detention during their … Read the rest

Burns v Corbett: the latest word on State tribunals and judicial power

BY ANNA OLIJNYK

We live in an age of tribunals. Although tribunals existed at the time of federation, the framers of the Australian Constitution could never have imagined the prominence of administrative tribunals in our justice system today. Small wonder, … Read the rest

Administrative law and Centrelink’s “robodebt” system

BY MATTHEW BUTT

Centrelink’s new online system to streamline the identification and recovery of overpayments detected through data-matching became fully operational in July last year. It automatically sends a letter to current or former social security recipients in cases where … Read the rest

The UK’s Independent Reviewer of Terrorism: A Comparative Retrospective

BY JESSIE BLACKBOURN

At the end of February 2017, David Anderson QC will step down from the position of Independent Reviewer of Terrorism Legislation in the UK after six years in the job. It is not yet known who will … Read the rest

Chief Justice French on Non-Statutory Executive Power: A Timely Reflection

amanda-sapienzaBY AMANDA SAPIENZA

As the retirement of Chief Justice Robert French from the High Court draws closer, there will be many occasions for reflecting on his legacy. The focus of this post is on an area in which he perhaps … Read the rest

The Brandis-Gleeson affair – what does “consultation” mean?

Andrew Edgar photo

By ANDREW EDGAR

The recent dispute between the Commonwealth Attorney-General, Senator George Brandis QC, and the Commonwealth Solicitor-General, Justin Gleeson SC, related to the Legal Services Amendment (Solicitor-General Opinions) Direction 2016. The amendment required referral of legal issues to … Read the rest

The Principle of Legality and Section 32(1) of the Charter: Same Same or Different?

bruce-chen

BY BRUCE CHEN

The principle of legality and s 32(1) of the Charter of Human Rights and Responsibilities Act 2006 (Vic) (‘Charter’) are both directed at the interpretation of legislation with, broadly speaking, similar objectives directed at the protection of … Read the rest

When is finality trumped? Kirk and the principle of finality

Sarah-jane Morris

BY SARAH-JANE MORRIS

The High Court of Australia has repeatedly stated that it is a ‘central and pervading tenet of the judicial system’ that ‘controversies, once resolved, are not to be reopened except in a few, narrowly defined, circumstances’, such … Read the rest

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