AIAL Forum 79 (Jan), 2015
AIAL Forum 79 (January 2015) (2 Mb)
LEGAL UNREASONABLENESS: LIFE AFTER LI Michael Barker and Alice Nagel* In Dunsmuir v New Brunswick (Board of Management),[1] the plurality of the Supreme Court of Canada observed of ‘reasonableness’ that it is one of the most widely used and yet most complex legal concepts and how, in any area of the law we turn our […]
The Hon Justice Janine Pritchard, 'The Rise and Rise of Merits Review: Implications for Judicial Review and for Administrative Law', 2015 Volume 79 Australian Institute of Administrative Law Forum 14
THE RISE AND RISE OF MERITS REVIEW: IMPLICATIONS FOR JUDICIAL REVIEW AND FOR ADMINISTRATIVE LAW The Hon Justice Janine Pritchard* Much of the focus of the teaching of administrative law in universities, and of the academic discussion of administrative law, is on judicial review and its importance in the review of administrative action. In the […]
Katherine Cook, 'Recent Developments in Administrative Law – Volume 79', 2015 Volume 79 Australian Institute of Administrative Law Forum 26
RECENT DEVELOPMENTS IN ADMINISTRATIVE LAW Katherine Cook Counter-Terrorism Legislation Amendment Bill (No. 1) On 12 December 2014, the Commonwealth Parliament passed the Counter-Terrorism Legislation Amendment Bill (No. 1). The legislation addresses urgent operational needs identified by Australia’s intelligence and law enforcement agencies. The measures in the Bill will assist these agencies to disrupt domestic terrorist […]
Joanne Kinslor and James English, 'Decision-Making in the National Interest', 2015 Volume 79 Australian Institute of Administrative Law Forum 35
DECISION-MAKING IN THE NATIONAL INTEREST? Joanne Kinslor* and James English** The character provisions of the Migration Act 1958 contain extraordinary powers for the Minister for Immigration and Border Protection, acting personally, to refuse or cancel visas without affording non-citizens natural justice or merits review and to overturn lawful decisions of merits review tribunals. The powers […]
Sven Bluemmel, 'Achieving Transparency with Blurred Government Boundaries', 2015 Volume 79 Australian Institute of Administrative Law Forum 52
ACHIEVING TRANSPARENCY WITH BLURRED GOVERNMENT BOUNDARIES Sven Bluemmel* All Australian jurisdictions have legislation that aims to strengthen democracy by ensuring that public sector information is broadly available, subject only to a limited number of exemptions. Increasingly, the private and not-for-profit sectors are used to provide services and infrastructure that were traditionally provided by the public […]
Bronwyn Worswick, 'War-Fighting and Administrative Law: Developing a Risk-Based Approach to Process in Command Decision-Making', 2015 Volume 79 Australian Institute of Administrative Law Forum 58
WAR-FIGHTING AND ADMINISTRATIVE LAW: DEVELOPING A RISK-BASED APPROACH TO PROCESS IN COMMAND DECISION-MAKING Bronwyn Worswick* In June 2013, the Chief of Army, Lieutenant General David Morrison, AO, addressed the ranks of the Australian Army on YouTube, expressing anger and disappointment at the actions of a group of officers and non-commissioned officers – the so-called ‘Jedi […]
Amanda Sapienza, 'Justiciability of Non-Statutory Executive Action: A Message for Immigration Policy Makers', 2015 Volume 79 Australian Institute of Administrative Law Forum 70
JUSTICIABILITY OF NON-STATUTORY EXECUTIVE ACTION: A MESSAGE FOR IMMIGRATION POLICY MAKERS Amanda Sapienza* The non-statutory executive power of the Commonwealth is firmly back on the public law agenda. Far from being neutered by the High Court’s decision in Williams v Commonwealth,[1] which focused on the non-statutory capacity of the Commonwealth to enter into contracts for […]
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