Category: Government integrity (page 1 of 3)

A Secretive State: The Collaery Trial and National Security Disclosures

BY KEIRAN HARDY

In August 2019, the intelligence officer known as Witness K indicated he would plead guilty to a conspiracy charge under s 39 of the Intelligence Services Act 2001 (Cth) (ISA). That section prohibits the disclosure of information … Read the rest

Spence v Queensland: A Turning Point in the High Court’s Approach to Federalism?

BY NICHOLAS ARONEY AND DANIEL WHITMORE

In May 2019 the High Court of Australia held by majority (Kiefel CJ, Bell, Gageler and Keane JJ) that a provision of the Commonwealth electoral law was invalid, on the basis that it was … 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

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

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

The Parliament, the Court of Disputed Returns, and the Solicitor-General

BY GABRIELLE APPLEBY

In those final days of August, when we watched, once again, an Australian political party overthrow the leader who led it to its last electoral victory, serious questions were raised about the eligibility of the protagonist, Mr … Read the rest

Rotten Behaviour in the Coward’s Castle?

BY SARAH HOOK AND ELEN SEYMOUR

In Coleman v Power, Kirby J said:

One might wish for more rationality, less superficiality, diminished invective and increased logic and persuasion in political discourse. But those of that view must find another

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Dressing Dutton Up as Lamb – Section 44 and the Competing Arguments for Disqualification and Exoneration of Peter Dutton

Anne Photos 003By ANNE TWOMEY

While the failure of Peter Dutton’s leadership challenge took some heat out of the question of his potential disqualification from Parliament, it left unresolved whether his seat has been vacated due to a breach of s 44 … 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

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