Regulating Executive Power Under the Australian Commonwealth Framework

Abstract

This book goes beyond the traditional fare of administrative law (such as merits review, freedom of information, privacy, ombudsman, human rights, crime prevention, discrimination, and so on) and the new frontier of the evolving integrity arrangements (such as crime and misconduct commissions, whistleblower protections, aspects of the ombudsman’s work, and so on) and addresses the ‘other administrative law’. These are the means of accountability, responsibility and transparency centered on the Parliament and the political process worked out through the Parliament. In particular this covers the Budget, and the financial and employment frameworks adopted through the recent public administration reforms under the Financial Management and Accountability Act 1997 (Cth), the Commonwealth Authorities and Companies Act 1997 (Cth), the Auditor-General Act 1997 (Cth), the Charter of Budget Honesty Act 1998 (Cth), and the Public Service Act 1999 (Cth). This ‘other administrative law’ has now evolved considerably into a sophisticated framework of principles and procedures. The book addresses this sophisticated framework and the interaction between its various parts founded on the authority of the Constitution.

Keywords: Executive power, accountability, responsibility, transparency

JEL Classification: K00, K20