AG - New report on the scope of judicial review

Attorney-General Philip Ruddock has launched a report by the Administrative Review Council on the scope of judicial review on 19/05/2006 with the Chief Justice of the High Court, the Hon Murray Gleeson AC.

The report, The Scope of Judicial Review:

addresses constitutional and policy considerations relevant to the scope of judicial review;

reiterates the essential role of such review in maintaining the rule of law and reflects its importance in safeguarding individual rights and maintaining government accountability, and;

delivers a framework of indicative principles that provide a succinct guide to the circumstances in which the Council decides when it is appropriate to seek to reduce the scope or practical availability of judicial review.

“The report will provide some extremely useful guidance in a complex area,” Mr Ruddock said. “The principles identified by the Council in the report are likely to be of great assistance to government. It will be a helpful tool for policy officers and drafters in the consideration of the review mechanisms to be incorporated in legislation.”

The Council’s intention is the principles will complement those for merits review set out in another widely used Council publication, What Decisions are Subject to Merits Review?

“The Council is to be congratulated on its excellent work in producing the report,” Mr Ruddock said.

22 May, 2006

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