Dive into the nuances of administrative decisions with our expert-led seminar! Explore how soft law influences outcomes, the role of jurisdictional error, procedural fairness and materiality in decision-making, and the art of crafting compelling statements of reasons. Gain valuable insights to enhance your decision-making skills and navigate the complexities of administrative law with confidence.
Chair:
Mick Batskos, Executive Director, FOI Solutions; Leading Administrative & Public Lawyer, Victoria, Doyle's Guide 2023
2.00pm to 3.00pm Role of Policies, Guidelines and Non-Legislative Instruments in Decision Making
Policies, guidelines and non-legislative instruments have been identified as “soft law”. Explore the role of soft law in administrative decision making, its status, who should consider it and when and what the possible ramifications are for using soft law in decisions.
- What is the role of soft law in administrative decisions?
- What is soft law?
- Who develops it and what is its status?
- Who should consider soft laws and when?
- Internal policies and guidelines compared with regulator policies and guidelines
- When are they a mandatory consideration?
- Should regulators consider their own policies and guidelines?
- What are the possible ramifications? Can applying them (or not applying them) be reviewed and by who?
- What happens at merits review level?
- What happens at judicial review level?
Presented by Elisa Hesling, Special Counsel, FOI Solutions, Accredited Specialist in Administrative Law
4.15pm to 5.15pm Jurisdictional Error and Challenges to Statutory Decisions
- The concept of jurisdictional error: from Craig to Kirk to LPDT
- No bright lines
- The indispensability of the statute
- The usefulness (and limitations) of taxonomies
- Procedural fairness
- Implying the obligation of procedural fairness: Disorganized Developments Pty Ltd v South Australia
- Common law obligations and statutory analogues: AB v IBAC
- Materiality
Presented by Joel Townsend, Director, Monash Law Clinic, Accredited Specialist in Administrative Law
Description
Attend and earn 3 CPD units including:
2 units in Substantive Law
1 unit in Professional Skills
This program is applicable to practitioners from all States & Territories
Professional Skills
3.00pm to 4.00pm Importance and Features of a Good Statement of Reasons for Decision
- Is there an obligation to provide a statement of reasons: common law v statutory instrument or requirement
- Purpose to be achieved by a good statement of reasons
- What a good statement of reasons should contain
- Potential consequences of a flawed statement of reasons
Presented by Emily Latif, Barrister, Castan Chambers
4.00pm to 4.15pm Afternoon Tea
Presenters
Elisa Hesling, Special Counsel, FOI Solutions
Elisa was admitted to practice in 1999 and has extensive experience in FOI law, privacy law and policy, and other administrative law areas. In October 2015, she obtained Accreditation from the Law Institute of Victoria as a Specialist in Administrative Law. She sits on various committees at the Law Institute, including the Administrative Review and Constitutional Law Committee. Prior to working at FOI Solutions, Elisa worked for a state government department, a boutique building law firm and as an Associate to a Judge of the Supreme Court of Victoria. Elisa prides herself on providing practical legal advice to assist clients manage potentially complex and technical administrative law issues, working with clients to promptly and thoroughly respond to their administrative law queries.
Emily Latif, Barrister, Castan Chambers
Emily is a public law advocate and practices predominantly in Discrimination, Judicial Review, Disciplinary matters and appears in employment matters. Emily is instructed by State and Commonwealth governments, regulators, educational institutions and the private sector and regularly appears in federal and state courts and tribunals. Before coming to the bar, Emily was an associate to Justice Kenny of the Federal Court of Australia and a solicitor at Allens.
Joel Townsend, Director, Monash Law Clinic
Joel is Director of Monash Law Clinics, where he oversees a diverse practice which delivers services through the work of law students supervised by experienced practitioners, across areas of law. He is an Accredited Specialist in Administrative Law and is undertaking his PhD, looking at the institution of merits review in Australian public law. Before taking up his role at Monash, he worked nearly 15 years at Victoria Legal Aid.
Mick Batskos, Executive Director, FOI Solutions
Mick has over 36 years’ experience acting for government departments and agencies at all levels. That includes Commonwealth agencies, State government departments, statutory authorities and local councils. Mick has appeared or instructed in hundreds of proceedings in areas including freedom of information, privacy, appeals, and judicial review. Mick is the Executive Director of FOI Solutions, an accredited specialist firm in administrative law. He received a Law Institute of Victoria Certificate of Service in 2005 for demonstrated professional excellence and making a special contribution to the legal profession in the area of administrative law. He was named in the Doyles guide as a leading administrative lawyer in Victoria or Australia in 2021, 2023 and 2024.
