As the COVID 19 tidal wave recedes, administrative law standards which gave way to the public interest are re-emerging. The consequence will see courts reinvigorate the role of the ADJR Act at the expense of jurisdictional error; courts and tribunals will adopt a more stringent approach to statutory construction of emergency powers, ‘national interest’ or ‘public interest’, curtailing governments’ unfettered discretions; and may invalidate more frequently actions relying on policy. An accountability institution – the Senate Standing Committee on the Scrutiny of Delegated Legislation – may also turn its gimlet gaze onto the increased prevalence of non-disallowable instruments.
The consequence? administrative law principles and rules – propelled by the energy surrounding a new government – are likely to regain their pre-COVID 19 strength. These and other issues are discussed by two keen public lawyers in this ‘Landfall’ session.
ACT Legal Practitioners CPD Points: 0.75
(Substantive law and procedural law)
Presenters:
Robin Creyke
Expert Advisor
