Administrative Decision Making Since Li 2017

Topics

• The Meaning of Unreasonableness Since Li
  • How is `unreasonableness` proved?
  • Is there a default standard for decision making, and if so, what is it?
  • Strategic considerations unique to this ground of review
• Statutory Construction for Decision Makers
  • Recent developments and lessons learnt
  • Overview of general principles of statutory construction
• CASE STUDY IN DECISION MAKING: The Adani Carmichael Decision
  The Adani coal mine approval process has involved a range of statutory decisions at State and Federal level. You will explore the public law issues that have arisen.
  • Federal approval: judicial review based on failure to consider advice
  • Land Court Approval under the Mineral Resources Act
  • Federal approval: judicial review based on failure to consider climate change impacts of burning coal
• Privacy and Freedom of Information Considerations in Decision Making and Reason Writing
  • The decision making process and granting or refusing access to information
  • Privacy law update and its impact on decision making and reason writing
  • Case study example: the facts in the Tikiri case and their privacy law implications