Administrative Decision Making Forum 2020
Issues covered include: restraint, decision making, ultimate fact, primary fact, evidentiary methods of inquiry, hearsay rule, opinon rule, privilege, procedural fairness, making lawful, justifiable decisions, recent decision making, recent cases
Description
Ensure any decisions you’re involved with are lawful and defensible. Senior Members of VCAT and the Veteran’s Review Board, leading Queens Counsel and eminent barristers will provide you with a greater understanding of how to ensure your administrative decision making meets the required scrutiny.
Attend and earn 4 CPD units in Substantive Law
This program is applicable to practitioners from all States & Territories
Chair: The Hon Peter Heerey AM QC, List G Barristers, Castan Chambers; former Judge of the Federal Court of Australia
9.00am to 9.05am: Opening Comments by the Chair
9.05am to 9.50am: Restraint in the Face of Fact-Finding by Administrative Decision Makers
- Findings of primary and ultimate fact
- Reviewing findings of primary fact
- Excluding relevant material or admission of irrelevant material
- Primary facts for which there is no material
- Expertise of expert bodies
- Reviewing findings of ultimate fact
- Where the tribunal misdirects itself
- Drawing inferences
- Questions of degree
- Expertise of expert bodies
- Jurisdictional fact
Presented by Nicholas Green QC, Svenson Barristers
9.50am to 10.35am: Evidentiary Methods of Inquiry for Decision Makers
Most administrative decision makers are not bound by the rules of evidence. Nonetheless, courts have acknowledged that sometimes evidentiary rules can provide the best method of inquiry to ensure reliability and fairness – while at the same time not letting the rules ‘creep back in’ through the back door. This presentation will use case studies from VCAT and the AAT to illustrate how State and Federal intermediate appellate courts have approached:
- The hearsay rule
- The opinion rule
- The privilege against exposure to penalties
- The Briginshaw standard
- The rule in Browne v Dunne
Presented by Justin Wheelahan, Barrister, Greens List
10.35am to 10.50am: Morning Tea
10.50am to 11.35am: The Obligation of Procedural Fairness
- The changing content of the obligation of procedural fairness
- Procedural fairness and tribunal practice
- Recent case law
Presented by Robert Douglass, Senior Member, Veteran’s Review Board
11.35am to 12.20pm: Making Lawful, Justifiable, Defensible and Readable Decisions
- Improving the quality, efficiency and effectiveness of decision-making
- Distinguishing between the questions to be answered and matters not directly relevant
- How to write a readable decisions
Presented by Suzanne Kirton, Senior Member, VCAT
12.20pm to 1.05pm: Recent Decision Making and Administrative Law Review Cases
Explore in detail recent significant superior court decisions affecting administrative Law practice and decision making.
Presented by Julie Zhou, Barrister, Howells' List Barristers
1.05pm to 1.15pm: Final Q&A and Closing Comments by the Chair