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Category: Research and commentary

A step back in time: PLPRU submission to Senate inquiry into the abolition of Commonwealth Information Commissioner

In their submission to the Senate Legal and Constitutional Affairs Legislation Committee, Dr Gabrielle Appleby, Dr Judith Bannister and Ms Anna Olijnyk have opposed the abolition of the Office of the Australian Information Commissioner (OAIC). The Senate Committee is currently reviewing the Freedom of Information Amendment (New Arrangements) Bill 2014 (Cth). If passed, the Bill will abolish [...]

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What’s the case for a federal ICAC?

In an article published on The Drum, Dr Gabrielle Appleby, Deputy Director of the Public Law and Policy Research Unit, considers the case for a federal ICAC. Click here to read Gabrielle’s article.

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Williams v Commonwealth (No 2): A discussion of the implications for federal spending and legislative power

Last week the Public Law and Policy Research Unit met to discuss the High Court’s decision in Williams v Commonwealth (No 2). PLPRU members Dr Gabrielle Appleby and Anna Olijnyk led a discussion of the different aspects of the decision, considering its consequences for federal spending and the breadth of the Commowealth Parliament’s corporations and [...]

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FTZK v Minister for Immigration and Border Protection: Over-zealous judicial review?

In this post Anna Olijnyk examines the High Court’s recent decision in FTZK v Minister for Immigration and Border Protection.  The case involved judicial review of a migration decision made by the Administrative Appeals Tribunal.  The High Court’s reasoning subjects the decision of an administrative tribunal to a level of scrutiny more commonly applied to [...]

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The Ombudsman and Judicial Review: Necessary Evil?

Adelaide Law School student Jonathon Tsianikas recently completed a Public Law Internship with the South Australian Crown Solicitor’s Office. Here, he reflects on a recent South Australian judicial review decision that he was involved in during his time at the Office. If you disagreed with a government decision that affected you, you might have options to [...]

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Apprehended bias and interlocutory judgments

In the current issue of the Sydney Law Review (Volume 35(4)), Anna Olijnyk examines the potential for interlocutory judgments to give rise to an appearance of bias which will disqualify a judge from hearing further matters. The following is the abstract of the article:  In 2011, the High Court handed down judgments in two cases [...]

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Australian honours: recommendations and decisions made in strict confidence

Australia Day honours is now a well established tradition where Australia recognises those who have made an important contribution to our community. But we know little about the decision-making process, and the High Court has recently confirmed it will stay that way, explains Adelaide Law School’s Dr Judith Bannister. On Australia Day a new batch [...]

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ICAC to Review and Update Whistleblower Protection

 Adelaide Law School’s Dr Gabrielle Appleby, Dr Judith Bannister and PhD candidate Anna Olijnyk recently made a submission to the South Australian Independent Commissioner Against Corruption’s review of the Whistleblowers Protection Act 1993 (SA).   This follows Gabrielle, Judith and Anna’s work on the new Commonwealth whistleblower legislation earlier this year. The submission commends the South [...]

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Corruption: Have your voice heard

Throughout October and November, the Adelaide Law School is involved in some important research into corruption at the local government level in South Australia. Dr Gabrielle Appleby is leading a team of researchers from the University of Adelaide’s Law and Psychology Schools. She explains the research and its importance below. Corruption within government affects the [...]

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Commonwealth New Whistleblower Protection – A Round-up

In June this year, the Commonwealth Parliament passed its first comprehensive whistleblower protection legislation, the Public Interest Disclosure Act 2013. Adelaide Law School’s Gabrielle Appleby, Judith Bannister and Anna Olijnyk made a submission to the Senate Legal and Constitutional Affairs Committee during its passage, commending the Commonwealth on its initiative but noting some serious shortfalls [...]

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