Administrative Law: Improving the Decision-Making Process
|
Code: 102C01 |
| Date: |
Wednesday, February 24, 2010
|
|
| Time: |
9:15 AM until 1:15 PM |
| Venue: |
Waldorf London, 2 Akuna Street, Canberra City
|
| Price: |
$440.00 |
| If this title is relevant to your immediate or long term needs in relation to your professional development and practice of the law, then you can claim 4 "units" for attending |
| Chair: |
Prof. Robin Creyke, Senior Member, Commonwealth Administrative Appeals Tribunal
|
| Topic |
Presenter
|
|
What is an Administrative Decision and When is it Reviewable?
|
The Hon. Richard Refshauge, Justice, Supreme Court
|
|
|
• What is an Administrative Decision and When is it Reviewable?
• What role does ‘conduct’ play in administrative decisions subject to review?
• What grounds are there to review such a decision?
• How are those grounds likely to be established?
• The importance of reasons |
|
Procedural Fairness in the Decision-Making Process
|
Mr James Glissan QC, Barrister, Wardell Chambers
|
|
|
• The application of procedural fairness in relation to the
decisions of public officials - a moral fetter on efficiency?
• Procedural and substantive unfairness, legitimate expectations
• The legality/ merits distinction - where from here? Merits review of decisions
review of decisions
• English or Australian - the competing approaches |
|
The Impact of Human Rights in Administrative Decision-Making
|
Mr Christopher Erskine SC, Barrister, Blackburn Chambers
|
|
|
• Australia is moving towards a Human Rights Act based on ratification of UN declarations and conventions.
ratifi cation of UN declarations and conventions.
What influence can human rights law have on administrative law issues
can human rights law have on administrative law issues,
can human rights law have on administrative law issues
even in jurisdictions without a Human Rights Act or Charter?
|
|
The Role of Proportionality in Administrative Decision-Making
|
Mr Philip Walker, Barrister, Blackburn Chambers
|
|
|
• The historical context of judicial review
• ‘Proportionality’ as a ground of judicial review
• ‘Proportionality’ in England and Australia
• The influence of human rights legislation on the availability of ‘proportionality’ as a ground of review
|