Your Public Law essentials toolkit

For government decision-makers, administrative law can be bewildering, with its legal jargon and unfamiliar concepts.

Our Public Law Essentials toolkit will guide you through the basics of decision-making and how to make your decisions as fair and robust as possible.

Remaking decisions

Traditionally, the courts have held that a decision-maker is prevented from remaking an earlier decision by the doctrine of functus officio. The doctrine, based on the principles of finality, means that the power to make a decision has already been spent and cannot be re-exercised.

Delegations and authorisations

There are three key matters to consider when when contemplating delegations and authorisations.

Legislation and the legislative process

This Public Law Essentials guide summarises the basics of legislation and the legislative process. It is designed to be a quick and handy reference on the development of legislation from policy to its final form.

Enforcement and regulatory decision-making

Regulation and enforcement are essential government functions. Regulation protects the legitimate interests of the community, businesses, individuals, the environment, and the economy (among others).

Procedural fairness

Decision-makers can take practical steps to make sure decision-making is robust in terms of procedural fairness.

Statements of Reasons

Whether required by statute or not, a statement of reasons can improve decision-making and make the resulting decision more robust if challenged or reviewed.

What happens when things go wrong?

By adhering to the general rules for good decision-making, government decision-makers can reduce the likelihood of legal proceedings, mitigate the risk of a successful legal challenge or action, and increase public confidence in government decision-making.

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