Australian Administrative Law: Fundamentals, Principles and Doctrines

Matthew  Groves; H. P. Lee

doi:10.1017/CBO9781139168618

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 2007 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.

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Contents

Frontmatter
pp i-iv
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Contents
pp v-vi
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Foreword
pp vii-viii
- By M E J Black, Chief Justice of the Federal Court of Australia
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Preface
pp ix-x
- By H P Lee, Sir John Latham Professor of Law, Monash University
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About the contributors
pp xi-xvi
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Table of cases
pp xvii-xxxviii
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Table of statutes
pp xxxix-lii
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1 - Australian administrative law: The constitutional and legal matrix
pp 1-14
- By H P Lee, Sir John Latham Professor of Law, Monash University
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2 - Administrative law in Australia: Themes and values
pp 15-33
- By Justice Robert French, Commissioner of the Australian Law Reform Commission
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3 - The public/private distinction in Australian administrative law
pp 34-49
- By Colin Campbell, Lecturer, Faculty of Law, Monash University
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4 - Australian administrative law: The human rights dimension
pp 50-76
- By Ben Saul, Senior Lecturer, Faculty of Law, University of Sydney
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5 - Administrative tribunals
pp 77-99
- By Robin Creyke, Professor of Law in the College of Law, Australian National University
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6 - Australian Ombudsman: A continual work in progress
pp 100-115
- By Rick Snell, Senior Lecturer in Law, University of Tasmania
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7 - Freedom of information
pp 116-133
- By Moira Paterson, Associate Professor, Monash Law Faculty
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8 - Delegated legislation
pp 134-142
- By Stephen Argument, Delegated Legislation in Australia
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9 - The concept of ‘justiciability’ in administrative law
pp 143-157
- By Chris Finn, Senior Lecturer in Law, Law School of the University of Adelaide
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10 - Standing
pp 158-171
- By Roger Douglas, Associate Professor, La Trobe University Law School
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11 - Reasons for administrative decisions: Legal framework and reform
pp 172-184
- By Marilyn Pittard, Professor and formerly Associate Dean (Postgraduate Studies), Faculty of Law, Monash University
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12 - Relevant and irrelevant considerations
pp 185-197
- By Naomi Sidebotham, Senior Lecturer in Law in the School of Law, Murdoch University
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13 - Improper purpose
pp 198-211
- By Hp Lee, Sir John Latham Professor of Law, Monash University
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14 - Reasonableness, rationality and proportionality
pp 212-232
- By Geoff Airo-Farulla, Assistant Commonwealth Ombudsman, Brisbane
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15 - The ‘no evidence’ rule
pp 233-252
- By Bill Lane, Clayton Utz Professor of Public Law, Queensland University of Technology
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16 - Failure to exercise discretion or perform duties
pp 253-264
- By Maria O'sullivan, Lectures in Administrative Law, Monash University
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17 - Procedural fairness: The hearing rule
pp 265-279
- By Linda Pearson, Senior Lecturer in the Faculty of Law, University of New South Wales
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18 - The doctrine of substantive unfairness and the review of substantive legitimate expectations
pp 280-298
- By Cameron Stewart, Associate Professor of Law, Macquarie University
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19 - The impact and significance of Teoh and Lam
pp 299-315
- By Alison Duxbury, Senior Lecturer, Faculty of Law, University of Melbourne
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20 - The rule against bias
pp 316-329
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21 - Jurisdictional error without the tears
pp 330-344
- By Mark Aronson, Emeritus Professor of Law, University of New South Wales
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22 - Privative clauses and the limits of the law
pp 345-367
- By Mary Crock, Associate Professor and Associate Dean (Postgraduate Research), Faculty of Law, University of Sydney, Edward Santow, Legal officer, Australian Law Reform Commission; Part-time lecturer in Administrative Law, University of New South Wales
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23 - Administrative law judicial remedies
pp 368-380
- By Stephen Gageler, Leading member, New South Wales Bar
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Fundamentals, Principles and Doctrines

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