2015, English, Book edition: Government accountability : Australian administrative law / Judith Bannister, Gabrielle Appleby, Anna Olijnyk with Joanna Howe. Bannister, Judith, (author.)

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Government accountability : Australian administrative law / Judith Bannister, Gabrielle Appleby, Anna Olijnyk with Joanna Howe
 
Bookmark: https://trove.nla.gov.au/version/210503548
Physical Description
  • xlix, 617 pages ; 25 cm.
Published
  • Cambridge : Cambridge Univ. Press, 2015.
  • Port Melbourne, VIC : Cambridge University Press, 2015.
Language
  • English

Edition details

Title
  • Government accountability : Australian administrative law /​ Judith Bannister, Gabrielle Appleby, Anna Olijnyk with Joanna Howe.
Also Titled
  • Australian administrative law : government accountability
Author
  • Bannister, Judith, (author.)
Other Authors
  • Appleby, Gabrielle, (author.)
  • Olijnyk, Anna, (author.)
  • Howe, Joanna, (author.)
Published
  • Cambridge : Cambridge Univ. Press, 2015.
  • Port Melbourne, VIC : Cambridge University Press, 2015.
Copyright
  • ©2015.
Content Types
  • text
Carrier Types
  • volume
Physical Description
  • xlix, 617 pages ; 25 cm.
Subjects
Target Audience
  • Adult
Summary
  • Government Accountabability: Australian Administrative Law offers an introduction to administrative law in Australia by reference to its guiding principle, accountability. The book explores the complex theory underlying this area of law through the inclusion of many examples and with an emphasis on practicalities.
Contents
  • 1. Introduction
  • Part I: Administrative Decision-making. 2. Organisation and structure of government
  • 3. Administrative powers
  • 4. Delegated legislation
  • Part II: Accountability Mechanisms. 5. Public investigatory bodies
  • 6. Information disclosure
  • 7. Review sought by affected persons
  • Part III: Merits Review. 8. Review on the merits
  • 9. Administrative review tribunals
  • Part IV: Judicial Review. 10. Introduction to judicial review
  • 11. Limits on judicial review
  • 12. Introduction to the grounds of review
  • 13. Procedural fairness
  • 14. Determining the scope of a power
  • 15. Improper exercise of power
  • 16. Consequences of unlawful action.
  • Machine generated contents note: 1.Introduction
  • A brief historical context
  • Why do we need administrative law?
  • Administrative law and constitutional law
  • Administrative law and statutory interpretation
  • In search of a rationale for administrative law
  • Why accountability?
  • Democratic justifications of accountability
  • Rule of law justifications of accountability
  • Separation of powers justifications of accountability
  • Individual rights justifications of accountability
  • Accountability for what? Administrative law values
  • How to achieve accountability? Administrative law mechanisms
  • Modern accountability: some challenges
  • Ongoing reform
  • The rest of this book
  • 2.Organisation and structure of government
  • Introduction
  • The Crown and the executive: terminology and constitutional framework
  • The executive and the judiciary
  • The executive and parliament
  • The executive and inferior courts
  • The executive as an indivisible and plural entity
  • Contents note continued: Executive entities
  • The Queen and her representatives
  • The Ministers (including the Prime Minister, Premiers, and Chief Ministers) and their staff
  • The Cabinet
  • The Executive Council
  • The departments and the public service
  • Statutory authorities
  • Government Business Enterprises (GBEs)
  • The Commonwealth and state executives
  • Outsourcing and privatisation: deconstructing the public/​private divide
  • Outsourcing and privatisation: accountability
  • Public law remedies against private bodies
  • Responding to outsourcing
  • Public bodies in the private sphere
  • Crown immunity
  • Conclusion
  • 3.Administrative powers
  • Commonwealth executive power
  • State executive power
  • Classes of executive power
  • Powers conferred directly by the Commonwealth Constitution
  • Statutory powers
  • Non-statutory powers
  • The Commonwealth executive nationhood power
  • The executive and policy-making
  • Contents note continued: 4.Delegated legislation
  • Executive exercise of legislative power
  • Types of delegated legislation and delegates
  • Concerns over delegation of legislative power
  • The need for delegated legislation
  • When to delegate legislative power
  • Constitutional questions
  • Restrictions on delegation deriving from the separation of powers (Commonwealth)
  • Delegating parliament's supervisory role
  • Delegated power must be exercised within constitutional limits and in accordance with the principle of legality
  • Delegated legislation and s 109 of the Constitution
  • Legislative regulation and parliamentary review of delegated legislation
  • Public consultation, regulatory impact statements, and human rights compatibility
  • Publication requirements
  • Parliamentary scrutiny and disallowance
  • Sunsetting
  • Judicial review of delegated legislation
  • The scope of grants of delegated legislative power
  • Improper purpose
  • Contents note continued: Unreasonableness and proportionality
  • Uncertainty
  • Delegatus non potest delegare
  • 5.Public investigatory bodies
  • Investigation and scrutiny through parliament
  • Responsible government
  • Scrutiny of legislation
  • Scrutiny of taxation and expenditure
  • Government's explanatory responsibility to parliament
  • Power to request documents
  • Power to ask questions
  • Committees
  • Summary
  • Other investigatory bodies
  • Auditors-General
  • Ombudsmen
  • Royal commissions
  • Standing investigative commissions
  • 6.Information disclosure
  • Protecting official information
  • The duties of public servants
  • Official secrets legislation
  • Confidential information
  • Public interest immunity in legal proceedings
  • Managing official information
  • Information management
  • Rethinking official information
  • Unofficial disclosure
  • Leaks
  • Contents note continued: Public interest disclosure: whistleblower protection
  • Obligations to disclose
  • Reports
  • Notices
  • Proactive publication: freedom of information
  • Disclosure to individuals affected
  • Access by application
  • Freedom of information legislation
  • Reasons for decisions
  • 7.Review sought by affected persons
  • Forms of review: an introduction to merits review and judicial review
  • Appeals and reviews
  • Constitutional considerations
  • Merits and judicial review distinguished
  • Administrative law: where is the work done?
  • Private and public law intertwined
  • Who gets to be involved?
  • Standing
  • Involvement of other parties
  • Individual actions and systemic change
  • 8.Review on the merits
  • Nature of review: re-hearings and hearings de novo
  • Why do individuals choose merits review?
  • Why do parliaments provide merits review?
  • Contents note continued: Which decisions are suitable for merits review?
  • Internal and external merits review
  • Internal review
  • External review
  • Courts with merits review jurisdiction
  • Judicial review of, and appeal from, merits review decisions
  • Examples of legislation creating a right of merits review
  • 9.Administrative review tribunals
  • What is a 'tribunal'?
  • Constitutional issues for tribunals
  • Commonwealth tribunals
  • State tribunals
  • Status of tribunal decisions
  • Issues of tribunal design
  • Specialist, generalist, and super tribunals
  • Conferral of jurisdiction
  • Tribunal membership
  • Independence
  • Procedure
  • Transparency
  • Standing to seek review
  • Nature of review
  • The role of government policy
  • Appeal and review of tribunal decisions
  • The Australian administrative tribunal framework
  • Administrative Appeals Tribunal
  • Commonwealth specialist tribunals
  • Contents note continued: State and territory administrative review tribunals
  • 10.Introduction to judicial review
  • Legality and merits distinguished
  • Statutory interpretation is central
  • Fact and law distinguished
  • Sources of judicial review jurisdiction
  • Common law judicial review
  • Constitutional judicial review
  • Statutory judicial review and the Administrative Decisions (Judicial Review) Act 1977 (Cth)
  • Choosing a judicial review jurisdiction: which court? which avenue?
  • Criticisms of judicial review
  • 11.Limits on judicial review
  • Justiciability
  • Source of the power
  • Status of the decision-maker
  • Subject matter of the decision
  • Justiciability and statutory judicial review
  • Standing to commence judicial review proceedings
  • Special damage and special interest
  • Standing tests and the common law prerogative and constitutional writs
  • Standing tests and statutory judicial review
  • Contents note continued: Standing cases since ACF v Commonwealth
  • Privative clauses
  • Privative clauses in the Commonwealth jurisdiction: Plaintiff S157
  • Privative clauses in the states: Kirk
  • After Plaintiff S157 and Kirk: privative clauses today
  • 12.Introduction to the grounds of review
  • Statutory grounds
  • Case study: Grounds in a statutory judicial review case
  • Statutory review and jurisdictional error
  • Common law and constitutional judicial review grounds
  • Jurisdictional error and the common law grounds
  • Case studies: Grounds in common law and constitutional judicial review cases
  • State jurisdiction
  • Commonwealth jurisdiction
  • Case study: Identifying and characterising errors of fact and law
  • Expansion of the grounds of review?
  • Proportionality
  • Serious administrative injustice
  • Estoppel
  • 13.Procedural fairness
  • Contents note continued: The threshold test: when do the rules of procedural fairness apply?
  • Historical development and Kioa v West
  • After Kioa: rights and interests affected
  • Direct and immediate effect on individual interests
  • Legitimate expectations
  • Multi-stage decision-making
  • Statutory exclusion
  • The hearing rule
  • The content of the hearing rule
  • The bias rule
  • Actual bias
  • Apprehended bias
  • Situations giving rise to bias
  • Exceptions to the bias rule
  • Consequences of a denial of procedural fairness
  • 14.Determining the scope of a power
  • Improper delegation
  • Procedural error
  • Preconditions to the exercise of the power
  • Jurisdictional facts
  • Subjective opinions or beliefs
  • Misconceiving the scope of the power
  • 15.Improper exercise of power
  • Relevant and irrelevant matters
  • Failing to consider relevant matters
  • Considering irrelevant matters
  • Contents note continued: Fettering discretion
  • Acting under dictation
  • Inflexible application of policy
  • No evidence
  • Fraud
  • Bad faith
  • Unreasonableness
  • 16.Consequences of unlawful action
  • Putting things right
  • Consequences of unlawful action
  • Prerogative remedies
  • Certiorari
  • Prohibition
  • Mandamus
  • Equitable remedies
  • Injunction
  • Declaration
  • Remedies in statutory judicial review
  • Choosing the appropriate combination of remedies
  • Discretion not to grant a remedy
  • Conclusion.
Notes
  • Record machine-generated from publisher information.
  • Includes bibliographical references and index.
Language
  • English
ISBN
  • 1107667887
  • 9781107667884 (paperback)
Dewey Number
  • 342.9406
Standard Number
  • 14083502
Libraries Australia ID
Contributed by
Libraries Australia

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Administrative Appeals Tribunal. Principal Registry Library. May not be open to the public KM306.K1 BAN Book English
Attorney General's Department. Not open to the public M300.K1 BAN Book English
Australian Catholic University. Australian Catholic University Library. Open to the public 991011981560402352; 342.9406 BAN; 342.9406 BAN Book English
Australian National University. Australian National University Library. Open to the public .b43673399; held Book English
Bond University. John and Alison Kearney Library . John and Alison Kearney Law Library. Open to the public 990007243880402381; KM 300 .K1 BAN 2015 Book English
Charles Sturt University. Bathurst Campus Library. Open to the public 991011981560402357; 342.9406 BANN Book English
Charles Sturt University. Wagga Wagga Campus Library. Open to the public 991011981560402357; 342.9406 BANN Book English
Deakin University. Deakin University Library. Open to the public md32087834; Held Book English
Federal Court of Australia. Library & Information Services (Principal Registry & New South Wales). Not open to the public (Sirsi) i9781107667884; Held Book English
Federal Court of Australia. Library & Information Services (South Australia). Not open to the public (Sirsi) i9781107667884; Held Book English
Federation University Australia Library. Open to the public .b20166801; held Book English
Federation University Australia Library. Federation University Australia - Gippsland campus library. Open to the public .b20166801; held Book English
Flinders University. Flinders University Central Library. Open to the public 996690089001771; KM300 B219g Book English
James Cook University. Eddie Koiki Mabo Library. Open to the public 1251877; held Book English
La Trobe University. La Trobe University Library. Bendigo Campus, Heyward Library. Open to the public 99102175202146; 342.9406 B2193 Book English
La Trobe University. La Trobe University Library. Borchardt Library, Melbourne (Bundoora) Campus. Open to the public 99102175202146; 342.9406 B2193 Book English
Macquarie University. Macquarie University Library. Open to the public 99244354103602171; KU2450 .B36 2015 Book English
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RMIT University. RMIT University Library. Open to the public 9921483210901341; 342.9406 B219 Book English
State Library of Queensland. Open to the public 9918583254702061; HELD - Contact Library for access information Book English
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University of South Australia. University of South Australia Library. Open to the public 9916155311801831; 346.4 AUS BANJ Book English
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Library Access Call number(s) Formats held Language
Attorney General's Department. Not open to the public M300.K1 BAN Book English
Australian National University. Australian National University Library. Open to the public .b43673399; held Book English
National Library of Australia. Open to the public 6490768; N 2015-959 Book English
Parliament of Australia. Parliamentary Library. Not open to the public u940819; held Book English
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Australian Catholic University. Australian Catholic University Library. Open to the public 991011981560402352; 342.9406 BAN; 342.9406 BAN Book English
Charles Sturt University. Bathurst Campus Library. Open to the public 991011981560402357; 342.9406 BANN Book English
Charles Sturt University. Wagga Wagga Campus Library. Open to the public 991011981560402357; 342.9406 BANN Book English
Federal Court of Australia. Library & Information Services (Principal Registry & New South Wales). Not open to the public (Sirsi) i9781107667884; Held Book English
Federal Court of Australia. Library & Information Services (South Australia). Not open to the public (Sirsi) i9781107667884; Held Book English
Macquarie University. Macquarie University Library. Open to the public 99244354103602171; KU2450 .B36 2015 Book English
The University of Sydney. University of Sydney Library. Open to the public 991005743139705106; 342.9406 69 Book English
University of Newcastle Library. Open to the public Book English
University of New England. Dixson Library. Open to the public 9925819802706; 342.9406 B219g Book English
University of Notre Dame Australia. St Benedict's Library . May not be open to the public 679538; KM/300/.K1/BAN/2015 Book English
University of Technology Sydney. University Library. Open to the public .b29098142; held Book English
UNSW Sydney. UNSW Library. Open to the public 9950627798401731; HELD Book English
Western Sydney University. Campbelltown Campus Library. Open to the public 9927007805401571; HELD Book English
Western Sydney University. Parramatta South Campus Library. Open to the public 9927007805401571; HELD Book English
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Library Access Call number(s) Formats held Language
Administrative Appeals Tribunal. Principal Registry Library. May not be open to the public KM306.K1 BAN Book English
Bond University. John and Alison Kearney Library . John and Alison Kearney Law Library. Open to the public 990007243880402381; KM 300 .K1 BAN 2015 Book English
James Cook University. Eddie Koiki Mabo Library. Open to the public 1251877; held Book English
Office of Industrial Relations Library. Not open to the public KU2450 .B36 2015 Book English
State Library of Queensland. Open to the public 9918583254702061; HELD - Contact Library for access information Book English
The University of Queensland. University of Queensland Library. Open to the public 991007506129703131; KU2450 .B35 2015 Book English
University of the Sunshine Coast. University of the Sunshine Coast Library. Open to the public 9913099802621; KU2450 .B36 2015 Book English
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These 4 locations in South Australia:

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Flinders University. Flinders University Central Library. Open to the public 996690089001771; KM300 B219g Book English
State Library of South Australia. Open to the public (AuASA)b30148121; held Book English
University of Adelaide. Barr Smith Library. Open to the public 9927619607601811; KM300.K1 B2193g Book English
University of South Australia. University of South Australia Library. Open to the public 9916155311801831; 346.4 AUS BANJ Book English
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Deakin University. Deakin University Library. Open to the public md32087834; Held Book English
Federation University Australia Library. Open to the public .b20166801; held Book English
Federation University Australia Library. Federation University Australia - Gippsland campus library. Open to the public .b20166801; held Book English
La Trobe University. La Trobe University Library. Bendigo Campus, Heyward Library. Open to the public 99102175202146; 342.9406 B2193 Book English
La Trobe University. La Trobe University Library. Borchardt Library, Melbourne (Bundoora) Campus. Open to the public 99102175202146; 342.9406 B2193 Book English
Monash University. Monash University Library. Open to the public 9938956324201751; G5 B219G 2015; LA; GEN Book English
RMIT University. RMIT University Library. Open to the public 9921483210901341; 342.9406 B219 Book English
State Library Victoria. Open to the public 2989105; LD held; held Book English
The University of Melbourne. The University of Melbourne Library. Open to the public Book English
Victorian Government Library Service. Department of Environment and Primary Industries. Open to the public Book English
Victoria University. Victoria University Library. Open to the public Book English
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