LLB230 Lecture Notes - Lecture 1: Financial Audit, Performance Audit, Australian Public Service
Week 1: Judicial Regulation v legislative autonomy
Teoh -> international treaty and natural justice
International/restraint
Individualism v collectivism
Rule based v substantive justice
- rules order society
- v need to comply with social standards
Legal v non-legal paradigms
- is judicial movement an imposition
- is it appropriate protection and fact checking
Evolution v prescription
- reliance on common law; remedies
Public v private
- blurred line; contracting of govt responsibilities and privatisation
- should admin principles apply to govt
- functions or should accountability principles be developed separately
Hot Holdings v Creasy (2002)
Values; transparency, consistency/coherency, integrity/honesty, fairness
- impartiality -> pg 28
- legality
- values in common OECD; public servants
Australian Public Service Act
Integrity branch of govt
3 arms of govt and the extra arm of integrity
- federalism
- Australia has 3rd oldest constitution
oNeed a referendum to change
oNeed a majority
Government
- judiciary – clearly reasoned
- executive
- legislature
Integrity
- freedom of information (FOI)
- tribunals
- ombudsman
- auditor generals
- royal commission; ad hoc, authority of the sovereign
- corruption commission – created under statute
- internal complaints (weak)
- independent/objective; to uphold individual rights against exec
historical foundations of admin law
- writ -> still in NSW
- 1970s; integrity bodies
- 1980s; privacy and FOI
should be a code of procedure across admin tribunals
judiciary involvement still apparent
find more resources at oneclass.com
find more resources at oneclass.com
Document Summary
Rule based v substantive justice rules order society v need to comply with social standards. Legal v non-legal paradigms is judicial movement an imposition is it appropriate protection and fact checking. Evolution v prescription reliance on common law; remedies. Public v private blurred line; contracting of govt responsibilities and privatisation should admin principles apply to govt functions or should accountability principles be developed separately. Values; transparency, consistency/coherency, integrity/honesty, fairness impartiality -> pg 28 legality values in common oecd; public servants. 3 arms of govt and the extra arm of integrity federalism. Australia has 3rd oldest constitution: need a referendum to change, need a majority. Integrity freedom of information (foi) tribunals ombudsman auditor generals royal commission; ad hoc, authority of the sovereign corruption commission created under statute internal complaints (weak) independent/objective; to uphold individual rights against exec historical foundations of admin law.
