Caroline Bush
Partner •
Canberra
Your Public Law essentials toolkit
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.
The struggle for meaning: What is statutory interpretation?
Statutory interpretation is the process by which the courts interpret and apply legislation.
Delegations and authorisations
There are three key matters to consider when contemplating delegations and authorisations.
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.
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.
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.
Privacy
Privacy and data protection in Australia is regulated through a mix of Federal, State and Territory laws.
Artificial intelligence
For the Government sector, the benefits of adopting AI can include more efficient and accurate operations, resulting in improved service delivery to, and better outcomes for, the Australian community.
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).
