Administrative Law

Topics: Law, Administrative law, Separation of powers Pages: 118 (36290 words) Published: October 19, 2014
Accountability7
What is accountability?7
Report of Royal Commission 19927
Report of the Senate Select Committee 20027
Forms of accountability8
1. Political accountability8
2. Financial Accountability8
3. Administrative Law accountability9
4. Ethical responsibility and integrity10
Red-Light, Green-Light11
Red Light Approach 11
Green Light Approach11
Amber Light approach11
Foundations of Administrative Law12
Accountability across the public/private divide13
Legality: rules, discretion & policy15
What is administrative law?15
Legality15
Categories of Government Legal Entity15
Sources of Government Power16
Limits on executive power16
Presumption of regularity16
Rules. discretion and policy 17
Discretion17
Policy17
The role of policy in government administration17
The meaning of policy18
Discretion vs. policy: a clash of values?18
The legal status of executive policies p. 60119
Subordinate legislation20
The nature of subordinate legislation20
Advantages and disadvantages22
Advantages22
Disadvantages22
Productivity Commission, Regulation and its Review 1997-98: (p267)22 Matters that should only be implemented through Primary Legislation22 Parliamentary oversight22
Committees 23
Standard principles of decision-making24
General Test of Invalidity25
Reasonable proportionality test25
The means/end distinction26
Unreasonableness as a test of invalidity26
Procedural requirements27
Timing Issues27
Timing issues with disallowance28

Consultation Issue28
Accountability and control29
Public consultation on proposed rule-making30
Benefits of public consultation30
Downfalls of public consultation30
Statutory interpretation31
The language of the statute31
Other considerations for interpretation31
Common law presumptions32
Reasons for Decision33
Why are reasons for decision important?33
Disadvantages of giving reasons for decisions33
Statutory obligations to give reasons33
A. On request34
B. Automatic provision of reasons36
Reasons for decision under common law36
Freedom of information38
Reasons behind the legislation38
Object of the legislation 38
What documents need to be made available?38
Who does it cover?38
Discretion in FOI38
What if the document is not made available?38
Who has the right to obtain access to documents?39
What documents are exempt?39
Amendments to personal records40
Who uses it?40
The Process of the Request42
The ombudsman44
Functions of an ombudsman44
The Statutory Framework45
Features and Powers of the Ombudsman46
What is an administrative matter under s5(1)(a)?47
Qualities of the Ombudsman48
Accountability48
Powers of the Ombudsman49
Arguments for determinative powers49
Arguments against determinative powers49
Pros and Cons of Ombudsmen50
Merits review51
Internal review51
Advantages51
Disadvantages51
Tribunals52
Tribunals vs. Courts52
Tribunal independence53
Commonwealth Framework53
Powers of Merits review53
Tribunal Procedures and Principles54
Appeals against tribunal decisions54
Reasons for decision54
Merits review II56
Procedure56
Change in the facts56
Change in the attitude of the agency56
Changes in Law56
Accrued Rights56
How do tribunals make there decisions?57
Tribunal procedures57
Fact finding and evidence58
The onus of proof in a tribunal58
Tribunal enquiries59
Administrative review and policy60
Applying Policy60
Not applying policy61
Standing62
What is standing?62
What purpose do standing rules perform?62
A public interest group 62
What is a special interest?62
A trade union63
A commercial entity63
A member of public63
Scope of AAT64
Scope of the ADJR Act64
Judicial review65
What is it?65
Legal basis for judicial review65
Under common law65
Under Statute65
Jurisdiction of Courts67
Federal Court68
Federal Magistrates Court68
High Court69
Supreme Court69...
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