Keeping up to date with the latest in administrative law cases can be tricky. But knowing the current “Keys to Administrative Decision Making Power” can help you become a better administrator, manager or lawyer.
When making or analysing statutory decisions, people can find the law complex and confusing. Following the current case law is even harder if you have a busy workload.
In this Series, Keys to Power, Fiona McKenzie demystifies the things needed to make lawful decisions in a statutory context. These keys unlock the door to lawfulness.
But the keys are also useful to analyse when a decision has gone wrong.
For practitioners in government, people exercising statutory powers, or people wanting to challenge government decisions, or is essential to understand the latest thinking. But you also need to know how the keys must be used – how they need to be applied.
Fiona demystifies and clarifies, updates and offers practical insight. 5 High Court and Superior Court cases are discussed, and online quizzes help you to cement your knowledge. A certificate of completion is also provided.
(Of course, watching these videos will also be a great way to keep up your CPD or L&D credits.)
Fiona McKenzie introduces the five cases which are analysed this series "Keys to Power". The cases cover topics such as merits review tribunals, unreasonableness, natural justice and legitimate expectations, directions under a statute, search warrants and trespass.
Stick to the Plan
Fiona McKenzie discusses the case of Colquhoun v Capitol Radiology, where the forming of an opinion under a statute was reviewed by the Supreme Court of Victoria. In the forming of that opinion, did the decision maker have to follow "Directions" purportedly issued under a statute? Or did those directions fail to follow the statutory plan?
Stand in their shoes
Fiona McKenzie discusses the case of Shi v Migration Agents Registration Authority, a High Court case on the nature of merits review. What are the obligations of a statutory body reviewing a person's conduct or fitness?
Stop and think
The Victorian Supreme Court case of Slaveski v Victoria is discussed by Fiona McKenzie. Search warrants and other intrusive powers have limits, and failure to comply with those limits can have significant consequences.
Start as you mean to go on
Fiona McKenzie discusses the case of WZARH, where the High Court found that a breach of natural justice had occurred during an interview process. Was it fair for the interviewer to change the decision-making process, contrary to a promise?