Control of government action : text, cases and commentary / Robin Creyke, Matthew Groves, John McMillan, Mark Smyth.

Chatswood, N.S.W. : LexisNexis Australia, 2022.

6th edition

199276

Judicial review -- Australia.

Parliamentary practice -- Australia.

Administrative law -- Australia.

Legislative power -- Australia.

Political ethics -- Australia.

Legislation -- Australia.

Public administration -- Politics and government -- Australia.

1. Administrative Law - theory, history and context

2. Constitutional considerations

3. Foundation concepts of judicial review

4. Merit review and tribunals

5. Other methods of administrative law review

6. Rule-making and control of subordinate legislation

7. Standing

8. Judicial review - framework and jurisdiction

9. Unauthorised decision-making

10. 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. Executive power and decision-making

17. The consequences of unlawful decision-making

18. Judicial review remedies

19. Access to information

20. Privacy

21. Obtaining reasons for government decisions.

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. - Publisher's website.

Previous edtion 2019.

Includes bibliographical references and index.

9780409353150

lxxxiii, 1141 pages ; 25 cm