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Category: Research and commentary

The last word on the public interest in FOI: Australia and the United Kingdom compared

This post was first published on AUSPUBLAW, the Australian Public Law Blog. AUSPUBLAW is a recently launched national platform for academics, practitioners and others from across Australia to communicate their research and provide expert commentary on topical public law issues. Visit the blog to learn more: www.auspublaw.org BY JUDITH BANNISTER Freedom of information (FOI) reform […]

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CPCF v Minister for Immigration and Border Protection [2015] HCA 1

Members of the Public Law and Policy Research Unit met on 24 February 2015 to discuss the High Court’s decision in CPCF v Minister for Immigration and Border Protection [2015] HCA 1. Anna Olijnyk provides the following overview of the discussion. The facts The facts of the case attracted much media attention last year. In […]

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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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