LAW 1504 Lecture Notes - Lecture 7: Australia Post, Job Services Australia, Sa Water
23 May 2018
School
Department
Course
Professor
Effectivity of Accountability
Mechanisms
Individual adversely affected by an executive decision
can seek redress/ review by
• First
o Requesting access to documents under FOI
legislation to inform themselves better about
the decision
o Consult local member of parliament- hope
they can find out more about the issue
o Go to the media
• Second:
o Internal review
o Ombudsman
o Merits review at a specialist or generalist
tribunal
o Review by anti-corruption body (if it fell
within that body’s jurisdiction)
• Third: Court (fed or state)
Issues
Independence- ALL mechanisms- Operate nationally
independent of the E. But E retains some control
through
Appointment of members
Ability to place limitations on functions in the
statutes that establish them
Financial control
effectiveness of controls are dependent upon the extent
to which the E supports and cooperates with them
ADVANTAGES
DISADGANVATGES
Diverse range of
interlocking
accountability
mechanisms
Caters for the wide range
of unique complaints/
amount for resources at
disposal
Reduced likelihood and
effect of
the corruption of any
individual mechanism
- Each mechanism
has oversight to
the other
- Enforces that no
executive body is
above the law
Appeal fatigue-
individual gives up
pursuing an issue
because of the number of
option and the length/
complexity of the
different types
Confusion- need
expertise to navigate
options.
Guidance and support
needed in the use of the
different mechanisms so
they are accessible to the
non-legally trained-
expesive
Public/ Private Divide Debate
Oversight mechanisms designed for ‘public’ power
What about where ‘public’ power is exercised by
‘private’ actors?
Public Actors
The crown
The Governor-General and state governors
Cabinet, executive council, minsters
Government departments, agencies and their
offices (APS)
Statutory authorities (Australian Competitions
and Consumer Commission (ACCC)
Statutory office holders (eg. Ombudsman, DPP)
Royal Commissions
Examples
• Government Business Enterprises (GBEs)
preforming public functions (Australia Post,
Defence Housing Authority, SA Water)
• NGOs preforming public and private functions
(professional organisations, trade unions, sporting
disciplinary bodies)
• Pirate Contractors delivering government services
(Job Network, Private Prison Operates,
Immigration and Detention Centre Operations,
Adelaide Metro)
• Statutory Corporations (Telstra, AWB- Australian
Wheat Board)
Issues
• Public law remedies not available
Intersection between private and public
Private corporation is given the role in a
scheme of public regulation- do Public law
remedies lie were a private entity fulfils
the role which it plays under an Act?
NO
1. Structure of acts (designated roles-
private actors as separate)
2. Private character of companies. The
objectives it pursues are different (ie.
Profit).
3. Not possible to impose Public Law
obligations on private companies
while at the same time accommodating
for their pursuit of private interests
find more resources at oneclass.com
find more resources at oneclass.com
Document Summary
Internal review: ombudsman, merits review at a specialist or generalist tribunal, review by anti-corruption body (if it fell within that body"s jurisdiction, third: court (fed or state) Independence- all mechanisms- operate nationally independent of the e. but e retains some control through. Ability to place limitations on functions in the statutes that establish them. Financial control effectiveness of controls are dependent upon the extent to which the e supports and cooperates with them. Caters for the wide range of unique complaints/ amount for resources at disposal. Reduced likelihood and effect of the corruption of any individual mechanism. Each mechanism has oversight to the other. Enforces that no executive body is above the law. Appeal fatigue- individual gives up pursuing an issue because of the number of option and the length/ complexity of the different types. Guidance and support needed in the use of the different mechanisms so they are accessible to the non-legally trained- expesive.
