Australian Administrative Law: Fundamentals, Principles and Doctrines

1. Australian administrative law: The constitutional and legal matrix
2. Administrative law in Australia: Themes and values
3. The public/private distinction in Australian administrative law
4. Australian administrative law: The human rights dimension
5. Administrative tribunals
6. Australian Ombudsman: A continual work in progress
7. Freedom of information
8. Delegated legislation
9. The concept of ‘justiciability’ in administrative law
10. Standing
11. Reasons for administrative decisions: Legal framework and reform
12. Relevant and irrelevant considerations
13. Improper purpose
14. Reasonableness, rationality and proportionality
15. The ‘no evidence’ rule
16. Failure to exercise discretion or perform duties
17. Procedural fairness: The hearing rule
18. The doctrine of substantive unfairness and the review of substantive legitimate expectations
19. The impact and significance ofTeoh andLam
20. The rule against bias
21. Jurisdictional error without the tears
22. Privative clauses and the limits of the law
23. Administrative law judicial remedies

The growth of administrative law in Australia has continued in an unabated form since the introduction of innovative reforms in the mid-seventies. The centre plank of these reforms was the establishment of the Administrative Appeals Tribunal with follow-on reforms relating to the Ombudsman, judicial review and freedom of information legislation. The impact of these reforms has been vast and significant. This 2007 book seeks to take stock of the growth and development of administrative law principles. Particular attention is paid to the important cases and key doctrines which provide the theoretical underpinnings of these principles. In this book a team of highly respected administrative law scholars and jurists aim to provide a lucid exposition of the relevant case law, principles and doctrines. The book should illuminate the fundamental features of Australian administrative law and should prove useful to students and practitioners interested in this field