Kirk v Industrial Court (NSW)
This Part includes the following articles: “Migrating towards a Principled Approach to Reviewing Jurisdictional Facts” – The Hon Justice R Derrington; “Materiality: Marking the Metes and Bounds of Jurisdictional Error?” – Harry Aniulis; and “A Question of Capacity: Does the AAT Have the Power to Appoint Litigation Guardians?” – Matthew Paterson. Also in this Part are the following sections: Editorial: “Immigration Litigation – Impact, Study and Reform”; Current Issues: “Finding Law in a Time of Emergency: COVID-19” – Katie Miller; and Book Review: “Military Law in Australia, by Robin Creyke, Dale Stephens and Peter Sutherland (eds)” – Reviewed by Matthew Groves.
The latest part of the Public Law Review includes the following Comments: “The constitutionality of draft legislation banning the wearing of face veils and similar clothing” – Mitchell Landrigan; and “Commonwealth spending after Williams (No 2): Has the new dawn risen?” – Andrew Lynch; and the following articles: “The impact of uncertain constitutional norms on government policy: Tribunal design after Kirk” – Gabrielle Appleby and Anna Olijnyk; and “An alternative (partial) justification for the holding in Kirk” – Oscar I Roos. There is also a Developments section.
The August Part of the Australian Journal of Administrative Law is filled with interesting articles and sections on various aspects of administrative law. There are articles on the use of privileged, confidential and inadmissible information by regulators and agencies, judicial review after the High Court decision in Kirk v Industrial Court (NSW) and applying provisions of the Australian Constitution to protect rights from intrusion by State Parliament.
By Jeffrey Phillips SC, Stephanie Vass and Justin Le Blond. In this article, the High Court’s findings in Kirk v NSW IRC are considered, particularly the implications for the formulation of prosecutions under NSW OH&S law and procedure more generally for WorkCover and the NSW Industrial Court.