Category: Government integrity (page 1 of 4)

The “Car Park Rorts” Affair and Grants Regulation in Australia: How can We Fix the System?

BY YEE-FUI NG

Yet another rorts scandal is swirling around the federal government, dubbed the ‘car park rorts’ affair. The Auditor-General has reported that a $389 million car park construction fund has been administered ineffectively and that the Minister had … Read the rest

The Administrative Decisions (Judicial Review) Act 1977 and what it says about judicial review and administrative law

This is the fourth 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 THOMAS Read the rest

The Kerr Report’s vision for the Administrative Review Council and the (sad) modern reality

This is the third 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 NARELLE 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

Would a non-judicial inquiry into the allegation made against the Attorney-General undermine the rule of law?

BY LISA BURTON CRAWFORD

Murray Gleeson once said that ‘the rule of law is such a powerful rhetorical weapon, both in legal and political argument, that care should be taken in its deployment’. This is because the rule of law … Read the rest

The Brett Cattle Case: Exploring the limits of delegated law-making powers

BY JANINA BOUGHEY

Justice Rares’s judgment in Brett Cattle Company Pty Ltd v Minister for Agriculture [2020] FCA 732 (“Brett Cattle”) has attracted a lot of attention for being a “landmark” ruling on the tort of misfeasance in … Read the rest

Tasmania’s Subordinate Legislation Committee fails to provide democratic accountability during the COVID-19 emergency

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

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

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

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