Government Insights

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:

  • What sort of decision can be reviewed?
  • When (and how) do you need to accord procedural fairness?
  • If your decision is challenged, must you turn over any legal advice you received when making that decision?

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.

Perron Investments - A warning from the west for government decision-makers

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.

Government opens door to open source?

By Chris Appleby.

Chris Appleby looks at the opportunities and challenges for government agencies which adopt open source software.

High Court raises bar on the ADJR reviewable decision

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.

Can you keep legal advice to yourself when your decision is challenged?

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.

Asbestos and its impact in the workplace

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.

FOI - The ANAO reports on improving agencies' processes

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.

Coming up in the High Court

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.

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