Category: Freedom of Information (page 1 of 2)

The Rise of Automated Decision-Making in the Administrative State: Are Kerr’s Institutions still ‘Fit for Purpose’?

This is the sixth in a special series of posts on the 50th anniversary of the Kerr Report, examining whether Australian administrative law is still fit for purpose. To see other posts in this series, click here.

BY YEE-FUI NGRead the rest

Not “just another piece of material”: the value of Tribunal review

This is the fifth in a special series of posts on the 50th anniversary of the Kerr Report, examining whether Australian administrative law is still fit for purpose. To see other posts in this series, click here.

BY CHANTAL Read the rest

Seeing the New Administrative Law in a ‘green light’

This is the second in a special series of posts on the 50th anniversary of the Kerr Report, examining whether Australian administrative law is still fit for purpose. To see other posts in this series, click here.

BY LYNSEY Read the rest

50 years after the Kerr Report: Is Australian administrative law still fit for purpose?

This is the first in a special series of posts on the 50th anniversary of the Kerr Report, examining whether Australian administrative law is still fit for purpose. To see other posts in this series, click here.

BY JANINA Read the rest

The National Cabinet: Presidentialised Politics, Power-sharing and a Deficit in Transparency

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.Read the rest

The Constitutional Historiography of the Palace Letters

BY WILL PARTLETT

Prime Minister Gough Whitlam’s dismissal by Governor-General Sir John Kerr in 1975 occupies an important part of Australian collective historical memory. It does so for good reason. By any account, the decision by an unelected representative of … Read the rest

Palace Letters are Commonwealth Records: A Victory for Democratic Transparency

BY MARIA NAWAZ

Introduction

On 29 May, the High Court handed down its decision in Hocking v Director-General of the National Archives of Australia [2020] HCA 19. In an emphatic  6:1 decision, the Court held that correspondence known as the … 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

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

FOI in Australia: building on a turbulent past

JMcMillan photoBY JOHN MCMILLAN

Two FOI certainties

Australia was an international leader in enacting a national Freedom of Information Act in 1982. The national initiative was quickly followed in all States and Territories. This is a proud heritage and underpins an … Read the rest

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