Is the new Administrative Review Tribunal ‘match fit’ for the next test?
Terry Carney, a former member of the AAT who considered early robodebt decisions and advocated for reform, delivers his prognosis on the new ART.
By Terry Carney - 7 min read
Inconsistent statutory objectives and the Migration Act: Time for a rethink
There is inconsistency in the application of statutory objectives and administrative decision makers administering the Migration Act should be bound by the same legislative objectives.
By Jason Donnelly - 5 min read
The NACC is here (but its greatest hits are yet to come)
The National Anti-Corruption Commission has jurisdiction to investigate ‘serious’ or ‘systemic’ corrupt conduct and has a range of information gathering, investigation and enforcement powers.
By Georgia Wilcher - 7 min read
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 Jason Donnelly - 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 Elisa Arcioni and Andrew Edgar - 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 Jason Donnelly - 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 Katherine Whitworth and David Wong - 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 Jeremy Harrison - 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 Megan Smith - 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 Talitha Fishburn - 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 Chadwick Wong - 4 min read