Administrative Decision Making and Reason Writing by State Authorities
Learn how to prepare and communicate in a clear, understandable and defensible way to ensure your decisions withstand scrutiny. Join a panel including a Tribunal Member senior members of the Bar and examine how to ensure procedural fairness during investigations and recent case law. Gain a refresher on merits review including constraints of power and considerations for the primary decision makers and how to resolve questions of jurisdictional fact. WEB216V02
Description
Attend and earn 4 CPD units in Substantive Law
This program is applicable to practitioners from all States & Territories
Chair: Julian Burnside AO KC, List G Barristers
9.00am to 10.00am Is there any way that a Decision-Maker can Review-Proof a Decision? 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
- Denial of natural justice or failure to take in relevant evidence into consideration
Presented by Suzanne Kirton, Senior Member, VCAT
10.00am to 11.00am Procedural Fairness and Apprehended Bias Test during Multistage Decision Making Process
- The variable content of the obligation of procedural fairness
- Procedural fairness during investigations
- Exercising powers of suspension
- Update on recent case law
Presented by Georgina Costello KC, List G Barristers
11.00am to 11.15am Break
11.15am to 12.15pm Merits Review: A Refresher
- Standing in the shoes of the primary decision maker and ‘doing over again’
- Constraints on primary decision makers that mark the boundaries of review
- When can a primary decision maker re-exercise her powers post review?
Presented by Justin Wheelahan Barrister, Greens List
12.15pm to 1.15pm Resolving Questions of Jurisdictional Fact
- What does the expression ‘jurisdictional fact’ mean?
- What is a ‘subjective jurisdictional fact’?
- What is the difference between judicial review for want of a jurisdictional fact and judicial review?
- On jurisdictional fact review, what is a court entitled to determine?
- And, on such review, what evidence is a court entitled to receive?
- What is the scope for review in relation to whether a jurisdictional fact exists?
Presented by Nicholas Green KC, Svenson Barristers