Administrative Law
Accountability 7
What is accountability? 7
Report of Royal Commission 1992 7
Report of the Senate Select Committee 2002 7
Forms of accountability 8
1. Political accountability 8
2. Financial Accountability 8
3. Administrative Law accountability 9
4. Ethical responsibility and integrity 10
Red-Light, Green-Light 11
Red Light Approach 11
Green Light Approach 11
Amber Light approach 11
Foundations of Administrative Law 12
Accountability across the public/private divide 13
Legality: rules, discretion & policy 15
What is administrative law? 15
Legality 15
Categories of Government Legal Entity 15
Sources of Government Power 16
Limits on executive power 16
Presumption of regularity 16
Rules. discretion and policy 17
Discretion 17
Policy 17
The role of policy in government administration 17
The meaning of policy 18
Discretion vs. policy: a clash of values? 18
The legal status of executive policies p. 601 19
Subordinate legislation 20
The nature of subordinate legislation 20
Advantages and disadvantages 22
Advantages 22
Disadvantages 22
Productivity Commission, Regulation and its Review 1997-98: (p267) 22
Matters that should only be implemented through Primary Legislation 22
Parliamentary oversight 22
Committees 23
Standard principles of decision-making 24
General Test of Invalidity 25
Reasonable proportionality test 25
The means/end distinction 26
Unreasonableness as a test of invalidity 26
Procedural requirements 27
Timing Issues 27
Timing issues with disallowance 28
Consultation Issue 28
Accountability and control 29
Public consultation on proposed rule-making 30
Benefits of public consultation 30
Downfalls of public consultation 30
Statutory interpretation 31
The language of the statute 31
Other considerations for interpretation 31
Common law presumptions 32
Reasons for Decision 33
Why are reasons for decision important? 33
Disadvantages of giving reasons for decisions 33
Statutory obligations to give
What is accountability? 7
Report of Royal Commission 1992 7
Report of the Senate Select Committee 2002 7
Forms of accountability 8
1. Political accountability 8
2. Financial Accountability 8
3. Administrative Law accountability 9
4. Ethical responsibility and integrity 10
Red-Light, Green-Light 11
Red Light Approach 11
Green Light Approach 11
Amber Light approach 11
Foundations of Administrative Law 12
Accountability across the public/private divide 13
Legality: rules, discretion & policy 15
What is administrative law? 15
Legality 15
Categories of Government Legal Entity 15
Sources of Government Power 16
Limits on executive power 16
Presumption of regularity 16
Rules. discretion and policy 17
Discretion 17
Policy 17
The role of policy in government administration 17
The meaning of policy 18
Discretion vs. policy: a clash of values? 18
The legal status of executive policies p. 601 19
Subordinate legislation 20
The nature of subordinate legislation 20
Advantages and disadvantages 22
Advantages 22
Disadvantages 22
Productivity Commission, Regulation and its Review 1997-98: (p267) 22
Matters that should only be implemented through Primary Legislation 22
Parliamentary oversight 22
Committees 23
Standard principles of decision-making 24
General Test of Invalidity 25
Reasonable proportionality test 25
The means/end distinction 26
Unreasonableness as a test of invalidity 26
Procedural requirements 27
Timing Issues 27
Timing issues with disallowance 28
Consultation Issue 28
Accountability and control 29
Public consultation on proposed rule-making 30
Benefits of public consultation 30
Downfalls of public consultation 30
Statutory interpretation 31
The language of the statute 31
Other considerations for interpretation 31
Common law presumptions 32
Reasons for Decision 33
Why are reasons for decision important? 33
Disadvantages of giving reasons for decisions 33
Statutory obligations to give