Ministerial intervention applications and limits on executive power

Recent High Court decision examined whether there had been an unlawful exercise of the Minister’s personal liberty by departmental officials.

By - 5 min read

The Voice: A constitutional and administrative law perspective

As Australia prepares to vote on the Voice, University of Sydney Law School experts examine constitutional and administrative law issues raised in relation to the…

By and - 8 min read

Direction 99: A new era in fairness for non-citizens or much of the same?

Direction 99 deals with character matters relating to non-citizens and aims to provide fairness to those with criminal records. However there are still shortcomings.

By - 7 min read

Ombudsman examines Government’s COVID-19 response

Expedited lawmaking processes were used to respond to the COVID-19 pandemic. The NSW Ombudsman reports on the Government’s response and the importance of external oversight.

By and - 6 min read

Materiality as a common law principle of statutory interpretation

In administrative decision making, proper construction of the statute under which a decision is made is important especially when analysing materiality in a jurisdictional error.

By - 7 min read

The human in the loop: Machines and administrative functions

Prompted by a growth in complaints traced to technology use, the Ombudsman reports on challenges that arise when governments use technology.

By - 8 min read

An opening for the Palace Letters; No dismissal in respect of The Dismissal

The High Court opens the door in the Palace Letters saga.

By - 6 min read

Three takeaways from the landmark NDIS ‘sex therapy’ case

Broader lessons for advocates and families from the Full Federal Court’s judgment in the NDIS ‘sex therapy’ case.

By - 4 min read

Bringing robo-debts before the law: why it’s time to right a legal wrong

The Government’s robo-debt scheme is still operating without legal foundation and it’s time we took a stand, argues former AAT Member, PROFESSOR TERRY CARNEY.    

By - 7 min read

Good administrative decision-making not bound by Briginshaw

Two decisions have removed the uncertainty in relation to the Briginshaw ‘rule’ in the context of administrative decision-making by delegates. By STEPHEN THOMPSON.

By - 6 min read