Law Notes Administrative Law Notes
A 197 page summarised bible of administrative law notes including detailed case and materials summaries, super summaries and flow charts intended for exam use. Structure of the summarised bible is as follows:
Class 1 - Accountability in an administrative state
Class 2 - Legality, Rules, Discretion & Policy
Class 3 - Statutory Interpretation and the Ombudsman
Class 4 - Subordinate Legislation
Class 5 - "Reasons for Decision"'; Freedom of Information
Class 6-8: Merits Review
Class 9: Stand...
The following is a more accessible plain text extract of the PDF sample above, taken from our Administrative Law Notes. Due to the challenges of extracting text from PDFs, it will have odd formatting:
Australia as a society evolved with much reliance on the government; most instruments of society being controlled by them – Australian democracy features “the appeal to government as the instrument of self-realization”.
This history has impacted societal regulations today; with very common activities (marrying, obtaining a bank account etc.) being subject to government scrutiny
But with this came the demand for heightened scrutiny of government and the ability to call it to account – for such mechanisms exist to do so:
Political accountability through parliament (committees, question time etc.)
Financial accountability through constitutional/statutory controls on finance
Administrative law mechanisms like tribunals and oversight bodies
Ethical responsibility and integrity of government employees (codes of conduct etc.)
Report of the Royal Commission into Commercial Activities of Government and Other Matters
|
---|
Report of the Senate Select Committee on a Certain Maritime Incident
|
---|
Delivering Performance and Accountability – Australian Public Service Commission
|
---|
The text brings up the fact that there are a myriad definitions of accountability
Accountability in the Commonwealth Public Sector – a direct relationship of authority where one accounts to another for performance or tasks conferred by that other. This extends beyond answering questions to setting goals and providing reports on the results
Public Administration – Associated with the process of being called to ‘account’; is external in that account is given to another and thus it involves social interaction and exchange and implies rights of authority (in that those given account have superior authority to demand answers)
Gaudron J (Corp of Enfield v Dev. Assess. Comm.) – refers to the need for executive government and administrative bodies to comply with the law and observe limitations in the exercise of their powers
D Oliver (Public Law) – requires a person to explain and justify their decisions and acts against a criteria of some kind and then make amends for fault or error by compensation or reconsideration
Though the focus of the text is on legal accountability there is “no single path to...achieve... satisfactory public accountability” and hence there is no sharp divide in any form.
This form occurs mainly through Parliament and ministers who constitute the executive – they are responsible for ensuring the executive carries out the policies of the government. This is ensured through question time etc.
Accountability through parliament is chiefly concerned with authority and answerability – directions, comments, answers etc. Passing between ministers,...
Buy the full version of these notes or essay plans and more in our Administrative Law Notes.
A 197 page summarised bible of administrative law notes including detailed case and materials summaries, super summaries and flow charts intended for exam use. Structure of the summarised bible is as follows:
Class 1 - Accountability in an administrative state
Class 2 - Legality, Rules, Discretion & Policy
Class 3 - Statutory Interpretation and the Ombudsman
Class 4 - Subordinate Legislation
Class 5 - "Reasons for Decision"'; Freedom of Information
Class 6-8: Merits Review
Class 9: Stand...
Ask questions 🙋 Get answers 📔 It's simple 👁️👄👁️
Our AI is educated by the highest scoring students across all subjects and schools. Join hundreds of your peers today.
Get Started