Public Service Board Vs Osmond Case Study
“How has the law regarding the common law right to reasons for decision differed between Australia and the UK in light of Osmond? Have things changed in light of more recent developments? To what extent should the principles of common law judicial review regarding the right to reasons for decision adapt themselves to the principles of accountability?”
Public Service Board v Osmond
A general rule requiring reasons for decisions has been on the common law agenda since recommended in the UK by the Franks Committee in 1957, which argued that it is a necessary law for facilitating open government. The ADJR act brought a right to reasons to many administrative decisions but the powers not covered by the limited (and decreasing) scope of the ADJR left a gap in Australian law that many hoped the common law would fill.
BENEFITS TO REASONS
In the New South Wales Court of Appeal Kirby J created a general rule of the common law of a right to reasons for decisions in Osmond. This was emphatically reversed in the High Court, to the surprise of many commentators. Chief Justice Gibbs ruled that no general right to reasons existed, his arguments based heavily on the decisions of English courts.
Right to …show more content…
Gibbs J was the leading judge in Osmond and his strong denial of a general right to reasons is one of the reasons Osmond has remained unchallenged, but he has now retired. Perhaps as important is the appointment of Kirby J who originally created the general right to reasons in the NSWCA and has stated since that he would like to see Osmond reversed, arguing strongly in favour of a general right to reasons. However the most important position of the High Court judges in relation to a right to reasons will probably be their opinions on an common law source of judicial
Public Service Board v Osmond
A general rule requiring reasons for decisions has been on the common law agenda since recommended in the UK by the Franks Committee in 1957, which argued that it is a necessary law for facilitating open government. The ADJR act brought a right to reasons to many administrative decisions but the powers not covered by the limited (and decreasing) scope of the ADJR left a gap in Australian law that many hoped the common law would fill.
BENEFITS TO REASONS
In the New South Wales Court of Appeal Kirby J created a general rule of the common law of a right to reasons for decisions in Osmond. This was emphatically reversed in the High Court, to the surprise of many commentators. Chief Justice Gibbs ruled that no general right to reasons existed, his arguments based heavily on the decisions of English courts.
Right to …show more content…
Gibbs J was the leading judge in Osmond and his strong denial of a general right to reasons is one of the reasons Osmond has remained unchallenged, but he has now retired. Perhaps as important is the appointment of Kirby J who originally created the general right to reasons in the NSWCA and has stated since that he would like to see Osmond reversed, arguing strongly in favour of a general right to reasons. However the most important position of the High Court judges in relation to a right to reasons will probably be their opinions on an common law source of judicial