Editors --- "The Administrative Review Council" [2004] AdminRw 6; (2004) 56 Admin Review 48

• Publications
• Letters of advice
• Submissions
• Recent work
• The scope of judicial review
• Automated assistance in administrative decision-making
• Legal training for primary decision makers
• Coercive investigative powers of government agencies
• Procedural discretions of tribunals
• Recommendations of the HIH Royal Commission

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The Administrative Review Council

Publications

The Council officially launched its Automated Assistance in Administrative Decision Making issues paper on 19 June 2003 and its Twenty-Seventh Annual Report 2002–03 was tabled in Parliament in November 2003.

Letters of advice

Since publication of the previous issue of Admin Review the Council has provided letters of advice dealing with the following matters:

• the proposed trans-Tasman therapeutic products agency

• application of freedom of information principles in the private sector

• proposed amendments to the Administrative Appeals Act 1975

• the Higher Education Support Bill 2003

• the report of the House of Representatives inquiry into child custody arrangements in the event of family separation.

Submissions

Since publication of the previous issue of Admin Review the Council has presented submissions to the following:

• the Joint Standing Committee on the National Capital and External Territories Inquiry into Norfolk Island Governance

• the Senate Standing Committee on Regulations and Ordinances Inquiry into the Legislative Instruments Bill 2003 and the Legislative Instruments (Transitional Provisions and Consequential Amendments) Bill 2003

• the Senate Finance and Public Administration References Committee Inquiry into Administrative Review of Veteran and Military Compensation and Income Support

• the Australian Government’s review of migration litigation.

Recent work

The scope of judicial review

The Council is working on its final report on the scope of judicial review, following receipt of submissions in response to the discussion paper released in March 2003.

The final report will consider constitutional principles relevant to the scope of judicial review. It will document arguments that have been presented for limiting judicial review and consider the manner in which legislative limitations on the scope of judicial review should be imposed. It will also include a set of framework principles to assist agencies, legislators and others when considering matters relevant to the appropriate scope of judicial review.

Automated assistance in administrative decision-making

As part of its project on automated assistance in administrative decision making, the Council released an issues paper in June 2003. It also held an information and consultation forum at Parliament House in Melbourne on 12 November 2003. Among the speakers at the forum were Council member Professor Robin Creyke; Mr Ian Campbell, Deputy President of the Repatriation Commission; Mr Norman Reaburn, Chairperson of National Legal Aid; Mr George Masri, business consultant, SoftLaw; and Ms Fiona McLeod, the Victorian Energy and Water Ombudsman. Approximately 60 people attended the forum, among them representatives of Commonwealth and Victorian government agencies, Victorian courts, information technology firms, consulting firms and community welfare organisations.

The Council is finalising its report for this project. The final report will focus on the benefits of and concerns about using expert systems in administrative decision making. It will also consider the types of administrative decisions best suited to the use of expert systems and will provide best-practice guidelines for the system’s development and operation.

Legal training for primary decision makers

The Council’s work on an administrative law curriculum guideline is nearing completion, with a draft being circulated to selected agencies for comment. The guideline is not itself a training document: rather, it is a resource for people who are responsible for developing training or accreditation programs, either at agency level or more broadly across the Australian Public Service. Agencies might also be able to use the guide to assess externally provided courses.

Coercive investigative powers of government agencies

Work on a project examining the coercive investigative powers of government agencies continues; the focus is on agencies’ powers to require the provision of information through documents and answers to questions. The legislation and practices of a number of key regulatory, revenue-collecting and revenue-spending agencies are being assessed in order to establish the use to which powers provided for in legislation are put in practice.

The project’s main objective is to determine whether greater consistency in these powers across government is desirable or achievable. It will also consider the accountability mechanisms associated with the exercise of coercive investigative powers and the legal protections available to people affected by exercise of those powers.

Procedural discretions of tribunals

Research into the procedural discretions given to tribunals is under way, with particular regard to discretions to extend time limits, amend normal standing rules and stay decisions under review. Consideration is also being given to tribunals’ capacity to grant or refuse legal representation. The project will look at the circumstances in which modifications to tribunal discretions are appropriate.

Recommendations of the HIH Royal Commission

The Council has been considering those recommendations of the HIH Royal Commission that relate to administrative law—in particular, the availability of merits review of decisions made by the Australian Prudential Regulation Authority. A study of the various mechanisms provided in relevant legislation is being conducted.