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Bye-bye By-Elections? Ritual and Rhythm and Voting out of Season

BY GRAEME ORR

By-elections have been a fixture of our political landscape since colonial times, and then some. They emerged, at Westminster, in the 16th century Reformation Parliament. By the 17th century Restoration they were common. Not least … Read the rest

Renewing the NDIS: Refocusing the Eligibility Debate

BY DARREN O’DONOVAN

The eligibility test for accessing the National Disability Insurance Scheme (NDIS) has risen to the front pages of the nation’s media amidst debates about the future position of autism within the scheme. This post introduces the criteria … Read the rest

Public Law Events Roundup July 2018

Welcome to the July edition of the AUSPUBLAW Australian Public Law Events Roundup.

Remember, if you have an AUSPUBLAW opportunity, conference or significant public lecture that you would like included in this roundup, please contact us at auspublaw@unsw.edu.au.

Australasian

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Removing the Goal Posts: Manipulation of ‘Country Information’ and Public Law

BY JOSEPH LAVELLE WILSON AND DOUGLAS MCDONALD-NORMAN

‘Country information’ is information about other countries, which plays an essential role in refugee status determination (RSD). In Australia, RSD is conducted by officers of the Department of Home Affairs and by the … 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

Public Law Events Roundup June 2018

Welcome to the June edition of the AUSPUBLAW Australian Public Law Events Roundup. A big thank you to the Gilbert + Tobin Centre of Public Law’s social justice intern, Maximus Jones, for compiling this roundup.

Remember, if you have an … Read the rest

Re Gallagher: Inconsistency, Imperatives and Irremediable Impediments

Anne Photos 003BY ANNE TWOMEY

The High Court’s judgment in Re Gallagher caused four Members of Parliament to resign and provoked further debate about the amendment of s 44 of the Constitution.  This culminated in a report by the Joint Standing Committee … Read the rest

South Australia’s Royal Commission provides ‘blue print’ to challenge Basin Plan

BY ADAM WEBSTER

At the end of April, the South Australian Royal Commission into the Murray-Darling Basin released its second issues paper. The issues paper focuses on the legal construction of the Water Act 2007 (Cth) and calls into … Read the rest

Fairness and Efficiency in the Migration ‘Fast Track’ Process

BY MARIA O’SULLIVAN

Case law dealing with migration has been highly influential in the development of administrative law in Australia, particularly in relation to procedural fairness. The High Court has developed a robust set of procedural fairness principles in the … Read the rest

Burns v Corbett: Courts, tribunals, and a new implied limit on state legislative power

BY STEPHEN MCDONALD

In Burns v Corbett, the High Court unanimously held that State tribunals that are not State courts cannot exercise judicial power with respect to any of the classes of matters listed in ss 75 and 76 … Read the rest

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