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AUSTRALIAN FEDERAL ADMINISTRATIVE LAW REFORM

Leslie George Katz

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Abstract

This article surveys recent developments in Australian administrative law, which the Canadian government has described as an “awesome leap”. It describes the creation of the Administrative Appeals Tribunal, the Administrative Review Council and the Ombudsman. It discusses the source of authority, method of operation and any strengths or weaknesses of each of these decision-makers, and reviews the Administrative Decisions Act, which the author believes is the least satisfactory of the legislation involved. It considers further expected changes and concludes by urging Canada to consider adopting this model of judicial review.

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What this paper is about

This article surveys recent developments in Australian administrative law, which the Canadian government has described as an “awesome leap”. It describes the creation of the Administrative Appeals Tribunal, the Administrative Review Council and the Ombudsman. It discusses the source of authority, method of operation and any strengths or weaknesses of each of these decision-makers, and reviews the Administrative Decisions Act, which the author believes is the least satisfactory of the legislation involved. It considers further expected changes and concludes by urging Canada to consider adopting this model of judicial review.

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Available abstract

This article surveys recent developments in Australian administrative law, which the Canadian government has described as an “awesome leap”. It describes the creation of the Administrative Appeals Tribunal, the Administrative Review Council and the Ombudsman. It discusses the source of authority, method of operation and any strengths or weaknesses of each of these decision-makers, and reviews the Administrative Decisions Act, which the author believes is the least satisfactory of the legislation involved. It considers further expected changes and concludes by urging Canada to consider adopting this model of judicial review.

Key concepts: Administrative law, Tribunal, Legislation, Political science, Strengths and weaknesses, Public administration, Judicial review, Government (linguistics)

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