Launch of the Administrative Review Council’s 49th Report

Attorney-General’s Department Library
Robert Garran Offices, Canberra

Friday 28 November 2008, 10.05am

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Acknowledgements

Other Acknowledgements

Introduction

  1. It’s a great pleasure to join you for this event.
    And it’s also a good opportunity for me to thank the Council for all the work it has been doing
  2. I’d particularly like to note the report on coercive information gathering powers, released earlier this year.
    And the best practice guides for administrative decision makers released last year.
  3. I understand there has been a high demand for these resources across Government.

The Latest Report

  1. This latest report, Administrative Accountability in Business Areas Subject to Complex and Specific Regulation, achieves the same high standards.
    This report is particularly important in the current climate. And I’m pleased to see that accountability and openness are key elements of it – because they’re also key elements of the Government’s strategy to improve administration. For this we need not only balanced regulations, but effective and sensible practices.
  2. It’s important and timely to have a framework of guiding principles for government agencies, industry bodies and others involved in the development, application and review of business rules. The inclusion of these other bodies is important given the healthy trend towards self co-regulation.And this is what the report provides.
  3. The report importantly notes that one size does not necessarily fit all.
    In terms of accountability mechanisms, what will work in one regulatory environment will not necessarily be effective in another.
    Essentially the Report addresses the complex issue of interaction between administrative law and business regulation – and if we get interaction right, it will mean fewer cases before the AAT and other tribunals.
  4. The report recognises the significance of business regulatory bodies issuing guidelines and conducting effective consultation processes, as a way to promote understanding of new and complex rules of business.
  5. The Council proposes a set of guidelines to assist the work of regulatory agencies in ensuring responsible and practical maintenance of Australia’s business systems.
  6. I think the report’s ‘ARC pyramid’ of business rules will be particularly helpful in developing and traversing the regulatory and accountability landscape.
  7. As mentioned, the Council considers accountability for regulatory decisions not only by government agencies and industry bodies, but also other non-government entities engaged in co and self regulation.
  8. And it also covers decisions made with reference to both ‘black letter’ law and ‘soft law’, in the form of guidelines and codes.
    This soft law can often be subterranean – comprehended by a select few ‘“in the know”. This is therefore an important step towards making sure that such ‘soft law’ materials are also subject to standards of accountability.

Administrative Law Values

  1. Another plus for this report is its emphasis that lawfulness, fairness, rationality, openness and efficiency should not be limited to decisions by government officers.
    Bureaucrats exist everywhere. The promotion of these values will hopefully turn those bureaucrats into facilitators.
  2. So where individual rights are affected, the report proposes that even if the decision maker is a private entity, this should not be a limiting factor on good decision making.
  3. Indeed, the report aims to ensure that decision makers within government business regulation systems (as broadly described) understand and accept the importance of administrative law requirements. Not for its own sake but because it is a sound and sensible practice.
  4. It underlines the importance of ensuring that business regimes recognise good quality primary decision making as a means to reduce disputes about decisions and the need for access to courts and tribunals – avoiding an additional burden on taxpayers, business and on the regulatory body.

Merits Review

  1. But in terms acknowledging the reality that all disputes can be avoided, the report notes the adaptability of the AAT, and the expertise it can bring to the review of complex regulatory decisions in business areas.
    The report also confirms and draws in the approach to merits review previously promoted by the Council in its widely used publication What Decisions should be subject to Merits Review?

Conclusion

  1. The report makes a useful contribution to assist the Government as it moves forward with its policy program. It will also be of great assistance to business and business regulators.
  2. The guidelines will be a useful point of reference in future work towards improving administrative decision making and where necessary streamlining access to administrative and judicial review.
  3. So congratulations to everyone involved in this latest work.
    I’m sure it will be another very successful resource.
  4. It’s now my pleasure to officially launch the report – Administrative Accountability in Business Areas Subject to Complex and Specific Regulation.

ENDS