Law of Public Inquiries

This subject has the following teaching availabilities in 2008:

Objectives:

A candidate who has successfully completed the subject should:

• Have a grasp of the principles of law that govern the establishment and conduct of the two most important kinds of public inquiries, namely, royal commissions and parliamentary inquiries
• Understand the role played by the main forms of public inquiries in the Australian system of government and administration (including the need, in that regard, to balance the conflicting considerations of the right of the public to know about matters affecting their government, the right to privacy and the cost of such inquiries to the public in terms of expenditure and resources)
• Understand the increasing relevance of administrative and constitutional law in relation to the conduct of public inquiries, including the advantages and disadvantages of judicial review in safeguarding the rights of individuals
• Understand the difference between the adversarial and inquisitorial methods of inquiry
• Be in a position to understand and make recommendations for the reform of the law governing public inquiries
• Be aware of, and able to assess, the relevance of the experience of the law of public inquiries in other comparable countries, e.g. United Kingdom, New Zealand and Ireland.

Syllabus:

• Introduction
• Appointment and composition (including constitutional constraints)
• Supply of information
  • Power to compel
  • Limits on the power to compel, including public interest immunity (formerly described as Crown privilege), privilege against selfincrimination, privileges of parliament
  • Application of rules of administrative law, including procedural fairness and judicial review
• Legal representation and assistance
• Contempt
• Re-opening of completed inquiries
• Reform.

• Take-home examination (50%) (4-7 April)
• Research paper 5,000 words (50%) (12 May) (topic approved by the subject coordinator)

This subject is not available as a breadth subject.

Objectives:

A candidate who has successfully completed the subject should:

• Have a grasp of the principles of law that govern the establishment and conduct of the two most important kinds of public inquiries, namely, royal commissions and parliamentary inquiries
• Understand the role played by the main forms of public inquiries in the Australian system of government and administration (including the need, in that regard, to balance the conflicting considerations of the right of the public to know about matters affecting their government, the right to privacy and the cost of such inquiries to the public in terms of expenditure and resources)
• Understand the increasing relevance of administrative and constitutional law in relation to the conduct of public inquiries, including the advantages and disadvantages of judicial review in safeguarding the rights of individuals
• Understand the difference between the adversarial and inquisitorial methods of inquiry
• Be in a position to understand and make recommendations for the reform of the law governing public inquiries
• Be aware of, and able to assess, the relevance of the experience of the law of public inquiries in other comparable countries, e.g. United Kingdom, New Zealand and Ireland.

Syllabus:

• Introduction
• Appointment and composition (including constitutional constraints)
• Supply of information
  • Power to compel
  • Limits on the power to compel, including public interest immunity (formerly described as Crown privilege), privilege against selfincrimination, privileges of parliament
  • Application of rules of administrative law, including procedural fairness and judicial review
• Legal representation and assistance
• Contempt
• Re-opening of completed inquiries
• Reform.

• Take-home examination (50%) (4-7 April)
• Research paper 5,000 words (50%) (12 May) (topic approved by the subject coordinator)