The latest issue of the Australian Journal of Administrative Law (Volume 19 Part 2) contains the following material:
- Obligation to give reasons
- Reasoning process
- Examining reasons
This article reviews the key reporting obligations of the Australian Government and poses the question: should Parliament be responsible for setting the standards for the multitude of Australian Government presentations of information and data to Parliament? The article concludes that Parliament should probably set these standards to ensure that the Parliament independently determines what information and data it needs and subsequently receives that data and information. This is necessary to properly hold the Australian Government to adequate standards of accountability, transparency and responsibility in line with the public administration reforms over the last decades.
The search for a single standard for the Kable principle – Ayowande A McCunn
This article answers two questions. First, on what standards does Ch III invalidate State legislation? Secondly, on what standard should Ch III invalidate State legislation? It therefore considers and comments on the development of the Kable principle. It outlines Kable jurisprudence to date and discusses the different formulations of the Kable principle in two recent High Court cases that have applied the Kable principle to invalidate State legislation. It reveals that two prominent formulations of the Kable principle are based on the standards of institutional integrity and the judicial process and argues that repugnance to the judicial process should be the formulation of the Kable principle that is applied when determining the validity of State legislation.
WORK AND EMPLOYMENT – Graeme Orr and Joo-Cheong Tham
- Income support for the unemployed in a time of crisis: Some talk, little action – Part 1
CASENOTES – Rebeca Heath
- Plaintiff M70/2011 v Minister for Immigration & Citizenship
DISCRIMINATION AND REFUGEES – Dr Paula Gerber
- The High Court raises the bar on refugee protection
For the pdf version of the table of contents, click here: AJ Admin L Vol 19 Pt 2 Contents.