AIAL Forum 82 (Nov), 2015
AIAL Forum No. 82 (949 Kb)
STATUTORY INTERPRETATION AND RATIONALITY IN ADMINISTRATIVE LAW: NATIONAL LECTURE ON ADMINISTRATIVE LAW 2015 Chief Justice Robert French AC* 800 years have passed since King John met with the Barons at Runnymede to seal a document which has become a part of a constitutional creation myth — the Magna Carta. The promises made in that document […]
Katherine Cook, 'Recent Developments in Administrative Law – Volume 82', 2015 Volume 82 Australian Institute of Administrative Law Forum 12
RECENT DEVELOPMENTS IN ADMINISTRATIVE LAW Katherine Cook Appointment of new Independent Reviewer of Adverse Security Assessments On 4 September 2015, the Federal Government announced the appointment of Mr Robert Cornall AO as the new Independent Reviewer of Adverse Security Assessments. The appointment is for a period of two years commencing on 3 September 2015. […]
Senator Concetta Fierravanti-Wells, 'Challenges of a New Age', 2015 Volume 82 Australian Institute of Administrative Law Forum 20
CHALLENGES OF A NEW AGE Senator Concetta Fierravanti-Wells* The conference themes, ‘challenges of a new age’ and ‘balancing fairness with efficiency and national security’, raise many contemporary administrative law issues. Australia’s administrative law system is based on a package of reforms that were introduced in the 1970s and 1980s. These are the Administrative Appeals Tribunal […]
Danielle Moon and Carolyn Adams, 'Too Much of a Good Thing? Balancing Transparency and Government Effectiveness in FOI Public Interest Decision Making', 2015 Volume 82 Australian Institute of Administrative Law Forum 28
TOO MUCH OF A GOOD THING? BALANCING TRANSPARENCY AND GOVERNMENT EFFECTIVENESS IN FOI PUBLIC INTEREST DECISION MAKING Danielle Moon and Carolyn Adams* ‘A democracy requires accountability, and accountability requires transparency.’[1] The ‘new age’ of transparency heralded a raft of reforms to the Freedom of Information Act 1982 (Cth) (FOI Act 1982) that shifted control of […]
Kathleen McEvoy and Susannah Sage-Jacobson, 'CATs: Gains or Losses for Access to Justice? SACAT and Public Housing Appeals', 2015 Volume 82 Australian Institute of Administrative Law Forum 40
CATs: GAINS OR LOSSES FOR ACCESS TO JUSTICE? SACAT AND PUBLIC HOUSING APPEALS Kathleen McEvoy* and Susannah Sage-Jacobson** The model of the ‘Super’ tribunal, the generalist amalgamated civil and administrative tribunal (CAT), has been established in almost all Australian states and territories.[1]In most jurisdictions the aim of access to justice is a feature of the […]
Christopher Ellis, 'Reasons and the Record – Reconsidering Osmond and Constitutional Perspectives', 2015 Volume 82 Australian Institute of Administrative Law Forum 55
REASONS AND THE RECORD – RECONSIDERING OSMOND AND CONSTITUTIONAL PERSPECTIVES Christopher Ellis* [The author of this article is the joint winner of the 2015 AIAL National Essay Prize. The article by Lucy Jackson, the other winner, was published in Issue 81 of the AIAL Forum.] The common law provides that a person subject to a […]
Tom Brennan, 'Can Representations by a Decision Maker be the Source of a Duty to Accord Procedural Fairness: A New Life For Legitimate Expectations?', 2015 Volume 82 Australian Institute of Administrative Law Forum 69
CAN REPRESENTATIONS BY A DECISION MAKER BE THE SOURCE OF A DUTY TO ACCORD PROCEDURAL FAIRNESS: A NEW LIFE FOR LEGITIMATE EXPECTATIONS? Tom Brennan* In a recent decision, SZSSJ v Minister for Immigration and Border Protection[1] the Full Court of the Federal Court (Rares, Perram and Griffiths JJ) dealt with one of the consequences of the […]
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