Control of Government Action Text, Cases and Commentary, 6th edition

Comprehensive and authoritative coverage of administrative law in Australia

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Book:Paperback
ISBN/ISSN: 9780409353150
Release Date: December 07, 2021
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Product description

This highly-respected work provides authoritative coverage of the legal controls on government decision-making in each Australian jurisdiction, supported by legislation, case extracts and commentary. The different role played by courts, tribunals, ombudsmen and other review bodies is comprehensively covered. The criteria applied by those bodies in reviewing the legality and propriety of government administrative action are examined in an integrated manner that best shows the options available to an aggrieved person. Public law concepts and theories that influence government decision-making and administrative review are covered.

The sixth edition has been fully updated and revised, with some restructuring of content. New material includes:
• Materiality and burden of proof (Hossain, SZMTA, and MZAPC)
• Subconscious bias (CNY17)
• Regulations and emergency powers (COVID-19 induced)
• Automated decision-making in administrative law (Robodebt, Pintarich)
• The new Tasmanian CAT, to complete the coverage of civil and administrative tribunals in the states and territories
• Rights protection and administrative law (Smethurst, Loielo, LibertyWorks)
• Unreasonableness review after Li
• Structured proportionality and delegated legislation
• Responses by tribunals to Burns v Corbett
New cases:
DOV16 v Minister for Immigration: legal effect of poor translation in administrative hearings
Hocking v D-G of National Archives: access to information
Northern Land Council v Quall: implied delegation and statutory corporations
Brett Cattle Co v Minister for Agriculture: misfeasance in public office

Features

• Combines commentary with case and legislative extracts selected for relevance
• Comprehensive coverage of a very complex area of law
• Logically structured and easy to navigate
• Authoritative resource for practitioners and students

Related Titles

• Ardagh, LexisNexis Case Summaries: Administrative Law, 6th ed, 2015
• Barnes & Douglas, LexisNexis Questions and Answers: Administrative Law, 3rd ed, 2015
• Creyke, Quick Reference Card: Administrative Law, 3rd ed, 2017
• Howe, LexisNexis Study Guide: Administrative Law, 3rd ed, 2020

 

Featured Authors

Table of contents


  • Part A Accountability in an Administrative State

  •     1. Administrative Law - Theory, History and Context

  • Part B The Framework for Challenging and Controlling Government Action

  •     2. Constitutional Considerations

  •     3. Foundation Concepts of Judicial Review

  •     4. Merit Review and Administrative Tribunals

  •     5. Dispute resolution by Ombudsman and bodies other than courts and tribunals

  •     6. Rule-Making and Control of Subordinate Legislation

  • Part C The Criteria for Lawful Decision-Making

  •     7. Standing

  •     8. Unauthorised Decision Making: general principles

  •     9. Framework of Judicial Review

  •     10. Natural Justice/Procedural Fairness

  •     11. Statutory Purpose and Relevant Considerations

  •     12. Executive Policies, Directions and Representations

  •     13. Law, Fact and Evidence

  •     14. Unreasonableness, Irrationality and Proportionality

  •     15. Jurisdictional error

  •     16. Review of Executive Power and Decision-Making

  • Part D Remedies for Unlawful Government Action

  •     17. Consequences of Unlawful Decision-Making

  •     18. Judicial Review Remedies

  • Part E Information and Access

  •     19. Access to Information

  •     20. Privacy

  •     21. Obtaining Reasons for Government Decisions