*Please note that the links to the content in this Part will direct you to Westlaw AU. If you are still using Legal Online, the links can be found in the LOLA PDF at the bottom of this post.
The latest issue of the Australian Journal of Administrative Law (Volume 20 Part 2) contains the following material:
- Decision writing and precedent
- External affairs
- Senior Counsel and administrative law issues
Is the giving of reasons for administrative decisions a question of natural justice? – Justice Chris Maxwell
Under Australian law, compliance with the rules of natural justice does not oblige an administrative decision-maker to give reasons for decision. The High Court so held in 1986, in Public Service Board (NSW) v Osmond, and the position is unchanged today. Appellate courts in the United Kingdom, by contrast, have affirmed that the giving of reasons can be viewed as an aspect of the decision-maker’s duty to act fairly and that – depending on the statutory context – procedural fairness may require that reasons be given. This article examines the doctrinal divergence between Australia and the United Kingdom and suggests that, given the continuing importance of the question, it would be timely for the High Court to revisit the decision in Osmond and the analysis on which it was founded.
The meaning of an “alien” in the constitutional universe – Anthony Gray
This article challenges the current understanding of “alien” in the context of s 51(xix) of the Constitution, especially the High Court finding that a person born in Australia could meet the definition, and thus be liable to deportation. The article argues it is impermissible to base the meaning of a word in the Constitution that confers power on Parliament on how Parliament has itself defined the word, which is what some members of the court have done. International materials are considered useful in ascribing a contemporary meaning to the word “alien” for constitutional purposes, and in this area, as in many others, Australian law could only be enriched by consideration of how other comparable nations have dealt with similar issues.
TRADE, COMMERCE AND REVENUE – Justin Davidson
- After estoppel: Managing recidivism in the Administrative Appeals Tribunal
CIVIL AND POLITICAL RIGHTS – Steven Churches
- The silent death of common law rights
CASENOTES – Rebecca Heath
- Plaintiff M47-2012 v Director General of Security
BOOK REVIEWS – Matthew Groves
- Administrative Law in Context (2nd ed), by Colleen Flood and Lorne Sossin (eds)
- Pizer’s Annotated VCAT Act, by Jason Pizer
- Disqualification for Bias, by J Tarrant