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Category: Research and commentary

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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Better late than never: an administrative appeals tribunal for South Australia

South Australia has never had a generalist merits review tribunal, relying instead on the District Court to fulfil this important accountability function. This week, the South Australian Government introduced a Bill to establish a generalist tribunal, the South Australian Civil and Adminsitrative Tribunal, or SACAT. In this post, Adelaide Law School PhD Candidate Anna Olijnyk [...]

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The Commonwealth Moves to Protect Whistleblowers. Or does it?

On 21 March 2013, the Commonwealth government introduced a Bill to broaden the legislative protection of whistleblowers at the Commonwealth level. Dr Gabrielle Appleby, Dr Judith Bannister and Anna Olijnyk have made a submission on the Bill to a Senate Inquiry and explain their concerns with the legislation, below. In Australia, integrity and accountability of [...]

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Relaxing the Urban Tree Removal Controls in Metropolitan Adelaide – a retrograde step

Within the city of Adelaide, state and local government authorities have recently removed, or plans to remove, some of the city’s more iconic trees. The Adelaide Law School’s Paul Leadbeter considers the relaxation of South Australia’s urban tree removal controls that have facilitated these removals. Media reports indicate some recent controversies have arisen in the [...]

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Why extend the Judicial Complaints Process to Non-judicial Officers?

In this blog post, Gabrielle Appleby comments on the recent calls by President of Fair Work Australia, Justice Iain Ross, to bring the tribunal under the new complaints handling processes proposed for federal courts. Last week, Fair Work Australia (FWA) President, Justice Iain Ross of the Federal Court, was calling for FWA to be covered [...]

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South Australia finally moves to establish an Independent Commissioner Against Corruption

Earlier this month (May 2012), the South Australian Weatherill Labor Government introduced a Bill to establish an Independent Commissioner Against Corruption. This is a move that had been opposed by the Rann Government for years. Gabrielle Appleby explores the change in policy, before looking to the Bill itself. She focuses on the extent to which [...]

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