Description
Attend and earn 1 CPD hour in Substantive Law
This program is applicable to practitioners from all States & Territories
* This interactive online recording includes questions and quizzes requiring critical thinking about the topics, so you have no annual limits to the number of points/hours you can claim with this format of learning. Please verify with your CPD rules
*Original content created March 2023
Chair
Alison Smith, Principal Decision Maker, Victorian Building Authority
A Practical Guide to Making Administrative Decisions
- Key questions to ask yourself when making administrative decisions:
- Where does the power come from to make that decision?
- Is it the right power for making that decision?
- Are there any preconditions on the use of the power?
- Are there any limitations on the use of the power?
- Do I have the authority to make that decision? This covers both an authorization or a delegation
- Can I delegate the power to make that decision?
- What must I consider when making that decision?
- Who can I consult when making that decision?
- decision makers are often concerned that they can’t consult because they have to make the decision themselves, but this is not the case
- What evidence is that decision based on?
- Interpretation of legislation provisions and the power to make decisions
- Steps to take to ensure decisions are free from allegations of bias and upholding principles of Natural Justice
- Human Rights charter: how it applies to your decision
- How to ensure decisions are transparent and conform to natural justice
- When reasons should be given by the decision maker?
Presented by Vanessa Twigg, Principal Legal Adviser, Victorian Ombudsman
Presenters
Vanessa Twigg, Principal Legal Adviser, Victorian Ombudsman
Vanessa is a criminal lawyer with extensive experience providing legal services in Commonwealth and Victorian Government law enforcement and integrity agencies. In her work she has particularly focused on the responsible exercise of both discretionary coercive investigative powers used to compulsorily acquire oral and written evidence, and electronic surveillance powers. Vanessa has highly developed skills in legal analysis and the application of public interest tests to establish and implement electronic and manual case management processes that are legally competent and ensures the appropriate and proportionate exercise of intrusive investigative powers.
Alison Smith, Principal Decision Maker, Victorian Building Authority
Before joining the VBA’s Practitioner Discipline Unit, Alison was an appointed member of the Administrative Appeals Tribunal (and formerly the Social Security Appeals Tribunal) for 12 years. Alison joined the VBA in 2019 and acts as a delegate in disciplinary proceedings against building practitioners. Alison has taken a lead role in developing and maintaining the VBA’s regulatory and disciplinary strategy in relation to the non-compliant use of combustible cladding in a cross-divisional team of lawyers, technical experts, and investigators.
