06 June 2005
Welcome to the June edition of Clayton Utz Government Insights, in which we'll look at three current problems in government decision-making:
We'll also look at some operational hot topics: open source software, protecting employees from asbestos, and internal processes for handling freedom of information requests.
By Tosin Aro.
Government decision-makers should be attentive to procedural fairness, warns Tosin Aro, especially when the statutory process they are dealing with is silent on the issue of procedural fairness.
By Chris Appleby.
Chris Appleby looks at the opportunities and challenges for government agencies which adopt open source software.
By Caroline Bush.
What sort of Commonwealth administrative decision can be reviewed by a court? A recent High Court case looked at the requirements under the ADJR Act, says Caroline Bush.
By Sally Sheppard.
If your decision is challenged, must you turn over any legal advice you received when making that decision? The answer to this important question is not yet clear, says Sally Sheppard.
By Robert Cook and Michael Connolly.
Government, as a major employer, must ensure that adequate identification of asbestos in the workplace is undertaken in a systematic manner, say Robert Cook and Michael Connolly.
By Avinesh Chand.
An audit of six Commonwealth agencies found that their FOI policies and processes are generally appropriate, but, as Avinesh Chand explains, it suggests some improvements could be made.
Immigration remains the main source of much innovation in administrative law. The High Court has granted special leave to appeal in some interesting and challenging cases.