The growth of administrative law in Australia has continued in an unabated form since the introduction of innovative reforms in the mid-seventies. The centre plank of these reforms was the establishment of the Administrative Appeals Tribunal with follow-on reforms relating to the Ombudsman, judicial review and freedom of information legislation. The impact of these reforms has been vast and significant. This book seeks to take stock of the growth and development of administrative law principles. Particular attention is paid to the important cases and key doctrines which provide the theoretical underpinnings of these principles. In this book a team of highly respected administrative law scholars and jurists aim to provide a lucid exposition of the relevant case law, principles and doctrines. The book should illuminate the fundamental features of Australian administrative law and should prove useful to students and practitioners interested in this field.
Contents
Foreword; Preface; About the contributors; Table of cases; Table of statutes; 1. Australian administrative law - the constitutional and legal matrix Matthew Groves and H. P. Lee; 2. Administrative law in Australia: themes and values Robert French; 3. The public/private distinction in Australian administrative law Colin Campbell; 4. Administrative law - the human rights dimension Ben Saul; 5. Administrative tribunals Robyn Creyke; 6. Australian Ombudsman: a continual work in progress Rick Snell; 7. Freedom of information Moira Paterson; 8. Delegated legislation Stephen Argument; 9. The concept of 'justiciability' in administrative law Chris Finn; 10. Standing Roger Douglas; 11. Reasons for administrative decisions: legal framework and reform Marilyn Pittard; 12. Relevant and irrelevant considerations Naomi Sidebotham; 13. Improper purpose H. P. Lee; 14. Reasonableness, rationality and proportionality Geoff Airo-Farulla; 15. The 'no evidence' rule Bill Lane; 16. Failure to exercise discretion or perform duties Maria O'Sullivan; 17. Procedural fairness - the hearing rule Linda Pearson; 18. The doctrine of substantive unfairness and the review of substantive legitimate expectations Cameron Stewart; 19. The impact and significance of Teoh and Lam Alison Duxbury; 20. The rule against bias Matthew Groves; 21. Jurisdictional error without the tears Mark Aronson; 22. Privative clauses and the limits of the law Mary Crock and Edward Santow; 23. Administrative law judicial remedies Stephen Gageler; Endnotes; Index.
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