This highly respected work provides clear, detailed coverage of the legal controls on government decision-making in each Australian jurisdiction, supported by extracts from legislation, cases and commentary. It covers the public law concepts and theories that influence government decision-making and administrative review, and the different roles played by courts, tribunals, ombudsmen and other review bodies.
The criteria applied by those bodies in reviewing the legality and propriety of government administrative action are examined in an integrated manner that best shows the options available to an aggrieved person.
The seventh edition has been fully revised and updated with important recent developments in case law and legislation including:
Comprehensive analysis of the legislation and principles governing the new Commonwealth Administrative Review Tribunal
Implications of the landmark High Court decision NZYQ limiting federal power to detain refugee seekers
The introduction of a national anti-corruption body and requirements of fairness in hearings by anti-corruption bodies, explained by the High Court in AB v IBAC (2024)
The significant shift in American judicial review oversight flowing from the US Supreme Court decision of Loper Bright Enterprises v Raimondo (2024)
The emphasis by the High Court in LPDT on materiality as the touchstone for jurisdictional error
Issues in McQueen and Berejiklian regarding the dividing line between impermissible delegation versus assistance for decision-makers
The impact on government administration of Robodebt and the warnings for administrative law about reliance on automated decision-making
The restoration of the Administrative Review Council to review the Commonwealth administrative law system, monitor developments in administrative law, enquire into the adequacy of procedures used by decision-makers and tribunals and recommend improvements, particularly resulting from increasing use of technology
The governments acceptance of the need for legislative changes to the Privacy Act 1988 (Cth) to bring it into the digital age and to create pathways for private enforcement of privacy rights
The possibility of a national Human Rights Act, based on a model proposed in an AHRC report, A Human Rights Act for Australia (2023), to rectify the piece-meal protection of human rights under existing national anti-discrimination legislation
Presumption of Crown and executive officer immunity in Chief Executive Officer, Aboriginal Areas Protection Authority v Director of National Parks with some comparative thoughts offered on Trump v United States 603 US (2024)
Features
Combines expert commentary with case and legislative extracts selected for relevanceComprehensive coverage of a very complex area of lawLogically structured and easy to navigateAuthoritative resource for practitioners and students
