In July 2011, the Attorney-General, the Hon Robert McClelland MP, approved the publication and promotion of the Australian Administrative Law Policy Guide (Guide). The Guide is designed to assist government agency policy makers engaged in developing or amending administrative law legislation and policy proposals, to enhance decision making frameworks and to thereby improve decision making practices.
Background
The Administrative Law Unit of the Attorney-General?s Department (AGD) is responsible for providing policy advice for the development of government proposals relating to administrative decision-making regimes. Policy makers are required to consult with the Unit as well as other stakeholders in the Commonwealth administrative law system affected by the proposal.
The Guide provides policy makers with a framework for key considerations to be taken into account in proposal development. It operates in conjunction with consultation with the Administrative Law Unit, together with a range of instruments available to policy makers, including the Administrative Review Council?s Best Practice Guides for Administrative Decision Makers.
The Guide is one of a raft of measures introduced following the government?s adoption of the Strategic Framework for Access to Justice in the Federal Civil Justice System, and forms part of the Government?s Access to Justice Initiative. It is designed to ensure that Commonwealth laws become clearer and easier to understand.
Content
The Guide seeks to help identify administrative law issues in legislation and policy development, and to provide a clear set of principles and a methodology to apply in addressing any issues raised.
The Guide sets out the core values of the Commonwealth administrative law system, and encourages a whole-ofgovernment approach to accountability, aimed at improving public trust and confidence in the system, whilst demonstrating the government?s commitment to providing fair and just decision-making.
The Guide seeks to form a more comprehensive Commonwealth administrative law system through four universal principles:
- decision making
- individual access
- accountability
- public access.
Increased integration between Commonwealth administrative law stakeholders is encouraged through earlier and more effective communication when developing policy proposals. By clearly setting out the roles and responsibilities of the Attorney-General and related administrative law elements, the Guide enables policy makers to understand their position within the broader decision-making process.
Lastly, the Guide provides direction on the appropriate use of various types of decision-making and administrative law review mechanisms, including merits review and judicial review, and discusses the implications associated with outsourcing government decisionmaking.
In practice
The Guide provides a set of principles and a methodology to help policy makers draft clearly written laws and policy proposals within a clearly defined Commonwealth administrative law framework. It should facilitate the early identification of affected administrative law stakeholders and encourage more appropriate and better consultation practices. This in turn should result in decision-makers considering the broader administrative law framework and adopting better decision-making practices. The government hopes that access to justice will be improved through the development of clearer laws and better communication between government agencies and the public.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
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