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Australian Institute of Adminstrative Law

The principal objects of AIAL are to promote knowledge of and interest in Australian Commonwealth, State and Territory administrative law, and to provide a forum for the exchange of information and opinions on all aspects of administrative law and administrative practices. Administrative law is principally the law of government actions, decisions, processes and accountability.

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Robodebt Royal Comm'n Pt 2 Issues -In Person Attendance (CANCELLED)

Thursday 7 December 2023
The Robodebt Royal Commission reported in July 2023. The Report raises a plethora of issues for Government lawyers, including: • Is advice “just advice” or can the provision of advice constrain Government action? • When, if ever, should advice be given by reference to legal risk? • Is it appropriate to circulate draft advice and, if so, when? • Are there lessons to be learned about the structure of government legal services and the oversight role of the Attorney-General? Speakers: Justice David Mossop, Professor Gabrielle Appleby, Dominique Hogan-Doran SC
National Archives of Australia - Function room
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Robodebt Royal Comm'n Pt 2 Issues for Govt Lawyers- Online

Thursday 7 December 2023
The Robodebt Royal Commission reported in July 2023. The Report raises a plethora of issues for Government lawyers, including: • Is advice “just advice” or can the provision of advice constrain Government action? • When, if ever, should advice be given by reference to legal risk? • Is it appropriate to circulate draft advice and, if so, when? • Are there lessons to be learned about the structure of government legal services and the oversight role of the Attorney-General? Speakers: Justice David Mossop, Professor Gabrielle Appleby, Dominique Hogan-Doran SC
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Michael Will Address and 2023 AIAL AGM - Online Attendance

Wednesday 29 November 2023
The 2023 Michael Will Address will be delivered by Professor Asmi Wood, ANU Law School prior to the 2023 AIAL Annual General Meeting. The 2023 Michael Will Address is open to AIAL members and non- members. The 2023 AIAL Annual General Meeting commencing at 6:00pm is for AIAL members only. This is an in person and Online event. In person attendance is at Clayton Utz conference room, Level 10, New Acton Nishi Building, 2 Phillip Law Street, Canberra. For those who cannot attend in person, online booking is available here
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Michael Will Address and 2023 AIAL AGM -In Person Attendance

Wednesday 29 November 2023
The 2023 Michael Will Address will be delivered by Professor Asmi Wood, ANU Law School prior to the 2023 AIAL Annual General Meeting. The 2023 Michael Will Address is open to AIAL members and non- members. The 2023 AIAL Annual General Meeting commencing at 6:00pm is for AIAL members only. This is an in person and Online event. In person attendance is at Clayton Utz conference room, Level 10, New Acton Nishi Building, 2 Phillip Law Street, Canberra. This booking link is for in-person attendance. Online attendance is available - please go to the online event to book.
Clayton Utz Conference Room, Level 10, New Action Nishi Building,
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Dr Bruce Chen : Acts, Decisions & Internal Limits

Wednesday 22 November 2023
In this webinar, Dr Bruce Chen reflects on how jurisprudence on the conduct obligations has developed under the Australian Capital Territory, Victorian and Queensland bills of rights. Bruce considers significant recent cases, including Owen-D’Arcy v Chief Executive, Queensland Corrective Services (2021) 9 QR 250, Thompson v Minogue (2021) 67 VR 301, Davidson v Director-General, Justice and Community Safety Directorate (2022) 18 ACTLR 1, and the COVID-19 pandemic litigation. He does so having regard to the initial policy rationale of the conduct obligations, and the implications of legislative drafting choices made in their enactment. Bruce concludes with some reflections on potential conduct obligations under an Australian Human Rights Act, as recently proposed by the Australian Human Rights Commission. Presenter: Dr Bruce Chen
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The Robodebt Royal Commission - Part 1

Thursday 2 November 2023
The Robodebt Royal Commission reported in July 2023. The Report contains 57 recommendations and sets out how the Robodebt scheme was developed, implemented, maintained and eventually terminated. It describes, in the Commission’s words, ‘the patently unreliable methodology’ of income averaging, and the ‘myriad of other ways’ the scheme failed the public interest. The Report raises a wide range of issues for administrative lawyers. This seminar will look at the conduct of the Commission and the legal and policy development issues it considered. It is the first of a number of seminars which the AIAL will hold to consider the Report. Presented by Peter Hanks KC, Dr Darren O’Donovan and Angus Scott KC
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National Lecture - The Ombudsman in Australia - In Person

Wednesday 18 October 2023
National Lecture by Prof John McMillan AO, chaired by Iain Anderson, Commonwealth Ombudsman. Australian Ombudsman offices have commenced celebrating their fiftieth anniversaries. As a durable Australian administrative law institution, Ombudsman offices have popularised more broadly the benefits of complaint handling and external oversight in government and industry. Controversy surrounding the office has been infrequent but not unknown sometimes for being too assertive, and other times for being ineffectual. This lecture continues a National Administrative Law Lecture theme of revisiting important elements of the administrative law system – courts Justice Stephen Gageler AC, tribunals Prof Robin Creyke AO, and now the Ombudsman Prof John McMillan AO. This is an in person and Online event. In person attendance is at Clayton Utz conference room, Level 10, New Acton Nishi Building, 2 Phillip Law Street, Canberra. Online attendance is available - please go to the online event to boo
Clayton Utz Conference Room, Level 10, New Action Nishi Building,
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National Lecture - The Ombudsman in Australia - Online

Wednesday 18 October 2023
National Lecture by Prof John McMillan AO, chaired by Iain Anderson, Commonwealth Ombudsman Australian Ombudsman offices have commenced celebrating their fiftieth anniversaries. As a durable Australian administrative law institution, Ombudsman offices have popularised more broadly the benefits of complaint handling and external oversight in government and industry. Controversy surrounding the office has been infrequent but not unknown – sometimes for being too assertive, and other times for being ineffectual. This lecture continues a National Administrative Law Lecture theme of revisiting important elements of the administrative law system – courts Justice Stephen Gageler AC, tribunals Prof Robin Creyke AO, and now the Ombudsman Prof John McMillan AO. This is an in person and Online event. In person attendance is at Clayton Utz conference room, Level 10, New Acton Nishi Building, 2 Phillip Law Street, Canberra. For those who cannot attend in person, online booking is available here.
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AIAL23: Building Trust & Confidence in Govt Decision-Making

Thursday 27 July 2023
AIAL National Conference 2023 - The overarching theme for the 2023 National Administrative Law Conference will be: You can trust me! Administrative Law: Building Trust and Confidence in Government Decision-Making Adelaide Convention Center, July 27-28 2023. The aim of the Conference is to examine integrity at all levels of Australian government and will focus on administrative law principles and mechanisms that contribute to sound decision-making that in turn builds public trust. The theme covers a range of topics that focus on providing not only greater transparency but greater protection for our citizens, particularly those who are most vulnerable. The Conference will be relevant to government decision-makers; those affected by decisions, and their advisers; members of review bodies, tribunals and courts; policy developers; public lawyers; academics; and others with an interest in Australian administrative law.
Adelaide Convention Centre
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COVID-19 Coercive Govt Action Absence Judicial Intervention

Thursday 25 May 2023
During the COVID-19 pandemic, governments around the world imposed draconian measures on their citizens to control the spread of the virus. The measures imposed in Australia were amongst those considered to be the harshest in the world. Individuals and businesses suffered significantly. The severe restriction of individual liberties that the public health measures represented would ordinarily have been considered intolerable in a free and democratic society. For that reason, they were arguably unlawful. Of all the serious court challenges that were brought to challenge the lawfulness of government action in Australia, none were successful. In this seminar, Dr Jason Harkess reflects upon three of those unsuccessful court challenges: Loeilo v Giles (2020) 63 VR , Kassam v Hazzard; Henry v Hazzard (2021) 106 NSWLR 520, Djokovic v Minister for Immigration, Citizens Presenter: Dr Jason Harkess
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Never the Twain Shall Meet

Thursday 24 November 2022
An Exploration of the Demarcation between the Roles of Administrative Tribunals and the Courts where Taxpayers have a Choice of Venue for Reconsideration of an Assessment Decision of a Revenue Authority. This presentation examines challenges made to an assessment decision of a revenue authority. It focuses on the differences, as well as similarities, in the roles played by courts and tribunals and the procedural advantages of each forum that accrue in the resolution of such disputes. Presenters: Reynah Tang AM and Frank O’Loughlin KC