The Federation Press

Administrative Redress In and Out of the Courts

Essays in Honour of Robin Creyke and John McMillan

Overview

This collection of papers by some of Australia’s leading judges, scholars and practitioners focuses on complex public law issues. The book examines executive power, judicial and tribunal review and integrity bodies like Ombudsmen. The opening papers consider separation of powers issues. Justice Stephen Gageler asks if three arms of government remains a suitable model. Do we need a fourth? Greg Weeks’ paper explains how bodies that would be in that fourth arm are vulnerable. Justice John Basten examines key questions between the executive and judiciary, while Justice John Griffiths considers those issues in visa cancellation decisions. Other papers examine different accountability mechanisms – tribunals, Ombudsmen and information. Justice Janine Pritchard explains how litigation processes can obtain otherwise obscure material. Judith Bannister analyses what happens when governments fail to disclose information. Mark Aronson and Anita Stuhmcke each consider what happens when Ombudsmen get drawn into litigation and messy cases. Other papers examine the work of tribunals. Graeme Hill examines the constitutional place of tribunals, especially in light of Burns v Corbett (2018). Linda Pearson explains when and how notions of evidence, proof and satisfaction operate in tribunals. Matthew Groves asks what happens when one of several members of tribunals and other bodies are biased – does the bias of one infect the others?

This book follows The Federation Press’ edited works on public law – Key Issues in Public Law (2018) and Key Issues in Judicial Review (2014) by considering issues not examined in detail in existing works. The book is designed to fill a gap in court and chambers libraries, but also the collection of scholars and students of public law.

Table of Contents

Foreword by Wayne Martin AC QC, Chief Justice of the Supreme Court of Western Australia, 2006-2018
About the Contributors
Table of Cases
Table of Statutes

1. The Iceberg of Australian Administrative Law: Justice Before and Beyond Judicial Review
Matthew Groves and Greg Weeks

2. Three is Plenty
Stephen Gageler

3. Attacks on Integrity Offices: A Separation of Powers Riddle
Greg Weeks

4. The Courts and The Executive: A Judicial View
John Basten

5. Review of Visa Cancellation or Refusal Decisions on Character Grounds: A Comparative Analysis
John Griffiths

6. Administrative Law’s Impact on the Bureaucracy
Janina Boughey

7. More Reasons for Giving Reasons
Janine Pritchard

8. Failure to Disclose: What are the Consequences When Open Government Founders?
Judith Bannister

9. Ombudsman Litigation: The Relationship between the Australian Ombudsman and the Courts
Anita Stuhmcke

10. Ombudsmen and Crime Busters: Ships Passing in the Night
Mark Aronson

11. State Tribunals and the Federal Judicial System
Graeme Hill

12. Tribunals: Evidence, Satisfaction and Proof
Linda Pearson

13. Does One Rotten Apple Spoil the Whole Barrel? Bias in Multi-Member Decision-Making
Matthew Groves

14. The Uncertainty of Certainty in Legislation
Dennis Pearce

Index

Of interest...