Caroline Bush
Partner •
Canberra
Your Public Law essentials toolkit
Remaking decisions
Traditionally, the courts have held that a decision-maker is prevented from remaking an earlier decision by the doctrine of functus officio. The doctrine, based on the principles of finality, means that the power to make a decision has already been spent and cannot be re-exercised.
Delegations and authorisations
There are three key matters to consider when contemplating delegations and authorisations.
Legislation and the legislative process
This Public Law Essentials guide summarises the basics of legislation and the legislative process. It is designed to be a quick and handy reference on the development of legislation from policy to its final form.
Enforcement and regulatory decision-making
Regulation and enforcement are essential government functions. Regulation protects the legitimate interests of the community, businesses, individuals, the environment, and the economy (among others).
Procedural fairness
Decision-makers can take practical steps to make sure decision-making is robust in terms of procedural fairness.
Statements of Reasons
Whether required by statute or not, a statement of reasons can improve decision-making and make the resulting decision more robust if challenged or reviewed.
What happens when things go wrong?
By adhering to the general rules for good decision-making, government decision-makers can reduce the likelihood of legal proceedings, mitigate the risk of a successful legal challenge or action, and increase public confidence in government decision-making.
