Administrative Law: Decisions, Decisions, Decisions...
Issues covered include: powers, constraints, jurisdiction, error, disciplinary proceedings
Description
Examine the nuances of what constitutes a reviewable decision. Grapple with the latest decisions impacting powers, constraints and jurisdiction. Explore the intricacies of error. Consider key rulings and procedures in disciplinary proceedings. A panel of experts will guide you through each of these critical issues so you can keep you apace with the most important trends in administrative law.
Attend and earn 4 CPD units in Substantive Law
This seminar was recorded in NSW on 27 March 2019
Chair: David Bennett AC QC, 5 Wentworth Chambers
9.00am to 9.05am Opening Comments by the Chair
9.05am to 9.50am: What is a Reviewable Decision?
- Historical context
- Reviewable decisions at common law
- Reviewable decisions under State and Federal legislation
- Identifying a decision
Presented by Tim Hale SC, Sixth Floor Selborne Wentworth Chambers
9.50am to 10.35am: Review of Recent Appellate Decisions
An analysis of a selection of appellate cases on administrative law decided during the last 12 months.
Presented by Dr Christos Mantziaris, Barrister, 6 St James Hall Chambers
10.35am to 10.50am Morning Tea
10.50am to 11.35am: Reflections Following the High Court’s Decision in Burns v Corbett [2018]
- Constitutional constraints on the Australian system of courts (and of tribunals)
- What is judicial power and what is the judicial power of the Commonwealth?
- The mechanics of conferral of federal jurisdiction
- What was decided in Burns v Corbett?
Presented by Theresa Power, Barrister, 12th Floor Chambers
11.35am to 12.20pm: Administrative Law and Disciplinary Proceedings
- Procedural fairness requirements in disciplinary investigations
- PID Act, Surveillance Devices Act and privacy law considerations
- Medical Board of Australia v Kemp [2018] VSCA 168
- Hossain v MIBP [2018] HCA 34
- Tribunals staying decisions of decision makers
Presented by Dr Stephen Thompson, Special Counsel, Sparke Helmore; Accredited Specialist in Government and Administrative Law
12.20pm to 1.05pm: Jurisdictional Error versus Errors on the Face of the Record
- Two species of judicially reviewable error
- What is jurisdictional error?
- How does it differ from an error of law on the face of the record?
- What is the record?
- Why does the distinction still matter?
- Recent examples of each type of error
Presented by Chantal Tipene, Partner, Sparke Helmore; Accredited Specialist in Government and Administrative Law
1.05pm to 1.15pm Closing Comments by the Chair
Testimonials
‘Very good - great location, good facilities, highly qualified speakers.’
‘Informative and enlightening.’
‘Nice balance of speakers and topics, thanks.’