LAW400 Study Guide - Final Guide: Rutile, Metropolitan Borough Of Paddington, Department Of Justice And Correctional Services
Document Summary
The common law was traditionally supportive of secret government, employing two primary defences: no common law right for reasons; and, public interest immunity. The argument of a public interest immunity is based on the belief that government information is privileged and it would not be in the public interest for it to be disclosed. It was also held that there are limitations on the use of discovery; that litigation must have already commenced. There is generally an understanding that people affected by administrative decisions should be entitled to reasons for those decisions. As outlined by kirby j in re minister for immigration and multicultural and. Indigenous affairs; ex parte palme (2003), the obligation to provide reasons: encourages careful examination of relevant issues, assists to eliminate extraneous consideration, promotes consistency of decision making. Three ways that statute provide for reasons : general duty in the judicial review acts, administrative decisions (judicial review) act 1977 (cth)
