Category: Administrative Law (page 1 of 3)

Council Amalgamations in NSW: A Study in How Not to Tackle Hard Policy

BY LYNSEY BLAYDEN

On 27 July 2017, after an 18-month long battle fought on various fronts, including through the courts, the NSW Premier, the Hon Gladys Berejiklian, announced that the government would not proceed with all remaining proposed amalgamations of … Read the rest

SZTAL: International Law and Australian Parochialism

BY DOUGLAS MCDONALD-NORMAN

 

Australia has non-refoulement obligations under article 3 of the Convention against Torture (“CAT”) and article 7 of the International Covenant on Civil and Political Rights (“ICCPR”) – that is, obligations not to return asylum seekers … Read the rest

Aliens, Executive Power, and the Rule of Law

BY SUE MILNE

The Rule of Law requires that all, including the legislative, executive and judicial branches of government, are subject to the law. But what is the relevant law to which all are subject? In Plaintiff S195/2016 v Minister Read the rest

Mistake to consolidate Premier and Attorney-General portfolios

BY BRENDAN GOGARTY

Last week’s Cabinet reshuffle in Tasmania might have passed by mainland Australians. It was one made in clearly ‘challenging circumstances‘ for the Government; with one Cabinet Minister quitting politics for family reasons and the other … Read the rest

Section 44, Interpretation and Changing the Law

BY DAVID TAN

In the Engineer’s case, Higgins J stated:

‘The question [of constitutional interpretation] is, what does the language mean; and when we find what the language means, in its ordinary and natural sense, it is our duty to

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‘Anti-corruption’, water and the Basin Plan

BY BRUCE LINDSAY

Water management and decision-making is vulnerable to lobbying by powerful commercial interests, as was illustrated recently by the ABC Four Corners investigation into NSW water management. Even where such conduct cannot be categorised as corrupt in … Read the rest

Public Servants, Social Media and the Constitution

BY GARY HANSELL AND ADRIENNE STONE

Although the implied freedom of political communication is now a well-established principle of Australian constitutional law, it does not appear to be widely understood. Some evidence of this is seen in the recently promulgated  … Read the rest

The 2017 Australian Marriage Law Postal Plebisurvey: Issues and Controversies

BY MICHAEL MALEY

On 9 August 2017, a government move to restore to the Senate Notice Paper the Plebiscite (Same-Sex Marriage) Bill 2016 was voted down.  Had the Bill been passed, it would have provided for the conduct by the … Read the rest

A new federal integrity system in the making? The case for a Commonwealth anti-corruption agency

BY A J BROWN

Will Australia continue to evolve towards a general-purpose, stand-alone anti-corruption agency at the federal level?  Does it need to?

Important light on both questions is about to be shed by two events: publication of the report … Read the rest

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

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