Administrative Law: Risks in Decision Making
Ensure you make objective, evidence-based decisions that pass scrutiny. Understand potential risks in the decision-making process plus how to address the application of the apprehended bias test. Consider the intimate relationship between human rights & administrative law decisions. Finally, participate in a panel discussion, featuring VCAT’s Deputy President Proctor, AFCA Ombudsman & other leading professionals to consider how to ensure decision makers make objective evidence base decisions. 236V06
Description
Attend and earn 3 CPD units including:
2 units in Substantive Law
1 unit in Professional Skills
This program is applicable to practitioners from all States & Territories
Chair: Guy Ventrice, Principal Solicitor – Advice, EPA Victoria
2.00pm to 3.00pm Procedural Fairness and Apprehended Bias Test During Decision-Making Process
- The obligation of procedural fairness
- Procedural fairness during investigations, the hearing and written decision
- Update on recent case law
Presented by Lisa De Ferrari SC, List A Barristers
3.00pm to 4.00pm ‘Charter Proofing’ Administrative Decision-Making
Together with Justin you will examine the recent cases Thompson v Minogue [2021] VSCA 358 and Loielo v Giles (2020) 63 VR 1 expounding on
- The scope of the privacy right under s 13(a) of The Charter of Human Rights and Responsibilities
- The application of Castles and the HJ Test to the procedural limb under s 38(1) of the Charter
- The interpenetration of the justification right in s 7(2) with the substantive limb under s 38(1) of the Charter
and provide pragmatic tips on how public authorities might give broad general proper consideration to Charter rights in routine decision making without engaging in a sophisticated legal exercise.
Presented by Justin Wheelahan, Barrister, Emmerson Chambers
4.00pm to 4.15pm Afternoon Tea
Professional Skills
4.15pm to 5.15pm ‘How to Ensure Decision Makers Make Objective Evidence Based Decisions’: A Panel
Hear from an esteemed line up of panellists, including Deputy President Ian Proctor, AFCA Ombudsman and other decision makers as they discuss how decision makers can ensure they make objective evidence-based decisions in practice.
Panellists:
Stephen Moloney, Barrister, Owen Dixon Chambers West; Chairperson Medicare Participation Review Committee, Commonwealth
Deputy President Ian Proctor, Victorian Civil and Administrative Tribunal
Alex Sidoti, I&A Ombudsman, AFCA
Evelyn Tadros, Barrister, Young’s List Barrister
Presenters
Guy Ventrice
Guy has worked at the Environment Protection Authority (EPA) for the past three years, where he currently holds the position of Principal Solicitor – Advice. In that role, Guy manages a small team of solicitors responsible for providing advice to the EPA and its staff regarding the exercise of regulatory functions and powers under the Environment Protection Act 2017. Some of the matters which Guy is regularly asked to advise on include administrative decision-making, exercise of compulsive powers, and interpreting statute. Before joining the EPA, Guy spent over 10 years at the Department of Justice & Community Safety (DJCS). Guy held various positions at DJCS, including three years at Consumer Affairs Victoria (CAV) as a Senior Legal Officer. In that role, Guy conducted litigation on behalf of CAV in State & Federal Courts and VCAT under various legislation including the Australian Consumer Law. Guy conducted criminal prosecutions, civil penalty proceedings and disciplinary proceedings, often as a solicitor advocate. Guy’s time at DJCS also included over three years at Working with Children Check Victoria as a Senior Legal Officer and later Principal Legal Officer, where Guy provided legal advice on matters such as statutory interpretation and administrative decision-making under the Working with Children Act 2005. Guy also represented the department in a significant number of merits and judicial review proceedings concerning working with children check decisions.
Lisa De Ferrari SC
Lisa De Ferrari practises in public law, commercial law and common law (major torts list, class actions and defamation). In the last 12 months (since taking silk), Lisa's practice in public law has included: advising various Department and other clients on issues which have included statutory construction and judicial review applications (including the risk of such applications being brough); being briefed to appear in a number of urgent cases in the Supreme Court, in the nature of judicial review from inferior courts; appearing in the Court of Appeal for the Director of Public Prosecutions, in an appeal where the constitutional validity of various provisions of the Confiscation Act 1997 was being challenged; appearing in the High Court in an appeal on questions of materiality of error where the allegation is breach of procedural fairness and when certiorari might be refused on discretionary grounds; settling various applications for special leave to appeal, and various responses to such applications; appearing in the Federal Court on a number of interlocutory applications seeking orders to provide urgent medical care to refugees being held in the Republic of Nauru.
Justin Wheelahan
Justin practises in administrative law and general commercial law. He recently appeared in MARA v Frugtniet [2018] FCAFC 5, an appeal about whether the privilege against exposure to penalties applies at the AAT, and as junior counsel with Michael O'Bryan QC in Callychurn v ASIC [2017] FCAFC 137, an appeal against an ASIC banning order. He also appeared as junior counsel with Julian Burnside QC in FRX17 as litigation representative for FRM17 v Minister for Immigration and Border Protection [2018] FCA 63 - an injunction to remove a child from the island of Nauru on the basis of an apprehended breach of duty of care. Justin is the author of the confidential information section of Lahore's Trade Marks, Patents and Related Rights loose leaf service, and a guest lecturer in evidence at the ACU. He is a member of the Victorian Bar Council, AIAL, Commbar, and IPSANZ.
Stephen Moloney
Stephen Moloney practises in administrative law, commercial law, negligence, particularly medical negligence and professional discipline. He has been a member of the Victorian Bar since 1991 and is a member of Dever's List. He is the Chairman of the Medicare Participation Review Committee of the Commonwealth, first appointed in 2010 and was recently re-appointed by the Federal Minister of Health. In this role the suitability of health professionals to participate in the Medicare Scheme is determined. He is the immediate past President of The Australian Institute of Administrative Law (Vic Chapter) and the Medico Legal Society of Victoria. He is a former member of the Human Research Ethics Committee of the Alfred Hospital. He holds a substantial practice in a variety of government regulatory areas including all aspects of the investigation and regulation of health practitioners at both a State and Commonwealth level. He regularly advises and appears for government and its agencies at both a State and Federal level in multiple jurisdictional areas.
Deputy President Ian Proctor
After working in the law with government and community legal centres since the mid 80’s, in 1998 Ian was appointed VCAT's first principal registrar. In 2006, he was appointed as a VCAT member. Having worked in VCAT's Civil Claims List, Guardianship List, Human Rights List, Owners Corporation List, Residential Tenancies List and Review and Regulation List, he is now a VCAT deputy president. From mid-2019 to late 2022 Ian was head of VCAT's Residential Tenancies List and Division. He is now head of VCAT’s Review and Regulation List and Administrative Division.
Evelyn Tadros
Evelyn has 10 years of experience in litigation and resolving disputes. She has a broad practice in commercial, public and common law and has appeared in the High Court, Federal Court, Supreme Court of Victoria as well as both the Administrative Appeals Tribunal and the Victorian Civil and Administrative Tribunal. In her commercial law practice, Evelyn has advised and acted for listed companies, small businesses, governments and individual clients in a range of commercial matters including in a high profile scheme of arrangement, breach of directors duties, contractual disputes, consumer protection, commercial arbitration, employment law, building disputes, property law, tenancy and planning law. Her public law practice includes human rights, migration law, freedom of information, disciplinary proceedings and coronial inquiries. Evelyn is also available to appear in relation to criminal matters involving administrative law or the Charter of Human Rights and Responsibilities, criminal breaches of the Corporations Act or work health and safety laws as well as fraud and environmental, building and planning offences. With respect to her common law practice, Evelyn regularly advises and appears in defamation law matters, including for high profile artists, particularly in a social media context. She has also been involved in many cases, some of which have been heard in the Federal Court, seeking urgent medical treatment for asylum seekers and refugees on Nauru and Manus Island. Evelyn teaches regularly at Leo Cussen Institute, including in advocacy and administrative law and has lectured in administrative law at Australian Catholic University.
Venue
Cliftons Melbourne - Southbank
Level 18/2 Southbank Blvd
Southbank
Melbourne 3006
VIC
Australia
Parking information
Parking is not included in your registration. Here are some options below.
NEAREST PARKING • Wilson Parking, 2 Freshwater Pl Southbank (1 min walk) • Wilson Parking, 2 Riverside Quay Southbank (1 min walk)
Click here to view rates.
Click here to view directions and the parking guide.
Directions
CLOSEST TRAM STOPS • Casino East/Queens Bridge St, 210m (3 min walk) • Federation Square/ Swanston St, 800m (10 min walk)
CLOSEST TRAIN STATIONS • Flinders Street Station, 700m (9 min walk)
CLOSEST BUS STOPS • Casino East, 240m (3 min walk)
NEAREST ACCOMMODATION • Oaks Southbank (4 min walk) • The Langham (4 min walk) • Quay West Suites (6 min walk) • Crown Promenade (8 min walk)
FROM AIRPORT • Driving distance approx. 26km • Taxi or UBER: 26-50 min depending on traffic (Taxi phone 13 2227) • SkyBus, alight at Skybus Terminal, walk to cnr William/Bourke Sts and take no.58 tram to Casino East/ Queensbridge (trip total approx 40 mins)