Legal System Publications

This report is the result of the Access to Justice Taskforce, established in 2009 to undertake a comprehensive examination of the federal civil justice system with a view to developing a more strategic approach to access to justice issues. 

The Guide was first published by the Council in 2001, and this revised version is intended to promote interest in, and discussion and awareness of, standards of conduct for tribunal members.

The 2008 Review of the Legislative Instruments Act 2003 found that it had been successful in providing a repository of legislative instruments, improving public access to them and facilitating parliamentary scrutiny.

The administration of the delivery by the Family Court and Federal Magistrates Court of family law services could be operating more efficiently and services to litigants could be improved. Consultations and submissions to the Review all expressed this view.

In this report the Council describes a range of best-practice principles it considers will ensure that agencies use coercive information-gathering powers effectively, efficiently and with due regard to individual rights.

The report focuses on accountability and transparency in the development and application of business rules, and covers regulation by government agencies, self regulation by industry bodies and other non-government entities.

This guide deals with the role of primary decision makers when receiving evidence, determining questions of fact and accounting for their findings.

The best practice guide provides an overview of the legal requirements for lawful decision making, including requirements that have developed through the grounds for judicial review.

The best practice guide provides an overview of the legal requirements for lawful decision making, including requirements that have developed through the grounds for judicial review.

The purpose of the discussion paper is to explore the desirable balance between the right of an individual to test the legality of administrative action by way of judicial review and the need to ensure that as a result of the exercise of this right, the work of government is not unreasonably frustrated.

The Curriculum Guideline sets out the core elements of law for use in the training of primary decision makers. Agencies will be able to develop training programs reflecting their own needs and circumstances.

The report contains best practice principles for the development and operation of expert computer systems used to make or assist in the making of administrative decisions. 

Issues paper exploring recent trends in government administration implementing specialised computer programs, or expert systems, to assist decision makers in performing their responsibilities. 

Administrative Review Council publication - a commentary on the Practical Guidelines for preparing statements of reasons.

There are many benefits in requiring reasons for decisions, whether viewed from the perspective of the individual affected, the decision maker or the broader community.

Report on the Council of Australasian Tribunals, 2002. The Council was established in Melbourne on 6 June 2002 at a meeting of Commonwealth, State, Territory and New Zealand tribunal presiding officers.

The Report, which included a Best Practice Guide, was tabled in Parliament on 28 March 2001. It provides a framework for agencies to review existing internal review practices.

The best practice guides and associated materials published by the Administrative Review Council between 1978 and 2012, are still regarded as good policy. However, they have not been updated to reflect any changes in case law or relevant legislation.