*Please note that the links to the content in this Part will direct you to Westlaw AU.<\/p>\n
To purchase an article, please email: LTA.Service@thomsonreuters.com<\/a> or contact us on 1300 304 195 (Australian customers) or +61 2 8587 7980 (international customers) during business hours (Mon-Fri, 8am-6pm AST).<\/p>\n The latest issue of the Australian Journal of Administrative Law<\/em> (Volume 29 Part 1) contains the following material:<\/p>\n EDITORIAL<\/a> \u00e2\u20ac\u201c General Editors: Matthew Groves and Greg Weeks<\/em><\/p>\n Click here to access on New Westlaw<\/a><\/p>\n CURRENT ISSUES<\/a> \u00e2\u20ac\u201c Editors: Nathalie Ng, Steven Gardiner and Sarah Lim<\/em><\/p>\n Click here to access on New Westlaw<\/a><\/p>\n Proportionality in Administrative Law and Its Application to Victoria\u00e2\u20ac\u2122s Proposed<\/em><\/a> Pandemic Legislation <\/em><\/a><\/strong>\u00e2\u20ac\u201c Anthony Gray<\/p>\n This article describes the use of proportionality in United Kingdom and Australian administrative law. There remains uncertainty regarding use of the doctrine, particularly in Australia. The article defends proportionality on the basis it reflects the rule of law. Its flexibility is an asset. Arguments against proportionality are considered weak. The use of proportionality reflects a culture of justification for the use of government power in a way that impacts an individual\u00e2\u20ac\u2122s human rights, which reflects Australia\u00e2\u20ac\u2122s liberal democracy. The article then considers application of proportionality principles to Victoria\u00e2\u20ac\u2122s mooted pandemic laws. It finds that proportionality principles provide a more fertile ground for effective judicial review of the proposed extreme measures than Wednesbury unreasonableness.<\/p>\n Click here to access article on New Westlaw<\/a><\/p>\n The Precautionary Principle and Judicial Decision Making in the COVID-19 Pandemic <\/strong><\/em><\/a>\u00e2\u20ac\u201c Katie Webber<\/p>\n The precautionary principle prescribes that, in situations involving serious risk of harm, scientific uncertainty should not preclude responsive government action. This article examines the role of the precautionary principle in judicial decision-making in Australia and Canada during the COVID-19 pandemic. The principle has, in some cases, supplanted more rigorous legal standards of review of government action and justified a stance of judicial non-intervention. In this respect, reliance on the precautionary principle risks subverting the critical role of an independent judiciary in upholding the rule of law in times of emergency. The article offers guidance for developing a cautious approach to the precautionary principle in these contexts.<\/p>\n Click here to access article on New Westlaw<\/a><\/p>\n The Administrative Appeals Tribunal and The Drake Doctrine: How the AAT Treats<\/em><\/a> Government Policy in NDIS Decisions as to \u00e2\u20ac\u0153Reasonable and Necessary Supports\u00e2\u20ac\u009d<\/a> <\/em><\/strong>\u00e2\u20ac\u201c Javier Cross<\/p>\n In the seminal case of Drake v Minister for Immigration and Ethnic Affairs (No 2) <\/em>(Drake (No 2<\/em>)), Brennan J laid out how the new Administrative Appeals Tribunal (AAT) should approach government policy when it encountered it. Noting the value of consistency in decision-making, his Honour wrote that the AAT should exercise caution in overruling government policy. This article examined AAT cases which considered government policy in National Disability Insurance Scheme decisions as to whether a disability support was \u00e2\u20ac\u0153reasonable and necessary\u00e2\u20ac\u009d and compared each case which overruled it against the standard laid out in Drake (No 2)<\/em>.<\/p>\n Click here to access article on New Westlaw<\/a><\/p>\n BOOK REVIEW<\/a> \u00e2\u20ac\u201c Editor: Dr Janina Boughey<\/em><\/p>\n Click here to access on New Westlaw<\/a><\/p>\n For the PDF version of the table of contents, click here: Westlaw AU – AJ Admin L Vol 29 No 1 Contents<\/a> or here: New Westlaw Australia – AJ Admin L Vol 29 No 1 Contents<\/a>.<\/p>\n Click here to access this Part on Westlaw AU<\/a><\/p>\n Click here to access this Part on New Westlaw AU<\/a><\/p>\n\n
\n
Articles<\/h3>\n
\n