*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 3) contains the following material:
Principles may be included in legislation for administrators to apply in the exercise of discretionary powers. But can courts enforce them and, if so, how? This article examines the difficulties that arise when applicants challenge decisions on the basis of improper application of legislative principles. It does so by examining challenges that are made, according to the relevant considerations ground of review, to the administration of the principles of ecologically sustainable development. The article examines the elements of the relevant considerations ground that make it difficult for courts to enforce legislative principles. It also examines the normative factors that are likely to lead courts to exercise restraint when faced with claims that legislative principles, and in particular environmental principles, have not been properly applied.
Australia’s autonomous sanctions regime: Problems and prospects – Stephen Tully
This article examines Australia’s new legislative framework for the implementation of autonomous sanctions. These measures, introduced during 2011, are targeted at specific individuals, entities or governments and in general terms deny access to financial assets, prevent individuals from entering Australian territory and impose embargoes on transacting in particular goods and services. This article argues that, in the absence of empirical support, the autonomous sanctions regime should not have been modelled upon the framework for implementing multilateral sanctions. The attributes of the regime include noteworthy public law implications with respect to the delegation of legislative power, statutory interpretation, the doctrine of implied legislative repeal and the usual undertakings as to damages. The potentially broad ambit of the regime may also inadvertently capture innocent conduct, be inconsistently applied and infringe personal rights and liberties, particularly with respect to affording procedural fairness to affected individuals and entities.
DISCRIMINATION AND REFUGEES – Dr Paula Gerber
- Parliamentary contortions following the High Court’s Malaysian Declaration decision
WORK AND EMPLOYMENT – Joo-Cheong Tham and Beth Gaze
- Workplace Gender Equality Act 2012: Setting standards through delegated legislation
CIVIL AND POLITICAL RIGHTS – Steven Churches
- How closed can a court be and still remain a common law court?
TRADE, COMMERCE AND REVENUE – Justin Davidson
- New panel to review anti-dumping decisions
CASENOTES – Rebecca Heath
- Plaintiff S10/2011 v Minister for Immigration and Citizenship