Revitalising Public Law in a Technological Era: Rights, Transparency and Administrative Justice

37 Pages Posted: 15 Oct 2020

See all articles by Yee-Fui Ng

Yee-Fui Ng

Monash University - Faculty of Law

Maria O'Sullivan

Monash University - Faculty of Law

Moira Paterson

Monash University - Faculty of Law

Normann Witzleb

Monash University - Faculty of Law; The Chinese University of Hong Kong

Date Written: July 31, 2020

Abstract

This article examines how public law should be revitalised in light of the increasing use of technology in government decision-making. As the recent controversy concerning the implementation of an automated debt recovery system by the Department of Social Services illustrates, the automation of government decision-making engages fundamental legal principles such as transparency, procedural fairness and reviewability. The use of technology in administrative decision-making in Australia therefore raises a number of critical, and interlocking, questions: Is Australian public law fit for purpose to protect individual rights in automated governmental decisionmaking? If not, what reforms are necessary and how should they be instituted? This article will consider these issues in relation to three specific areas of public law: privacy law, freedom of information, and judicial review. In doing so, it sets out concrete recommendations for the revitalisation of Australian public law so that it may become more value-compliant and consistent with emerging international best practice standards.

Keywords: public law, automated decision-making, judicial review, administrative justice, privacy law, freedom of information, law and technology, artificial intelligence

JEL Classification: K10, K39, K40, K49

Suggested Citation

Ng, Yee-Fui and O'Sullivan, Maria and Paterson, Moira and Witzleb, Normann and Witzleb, Normann, Revitalising Public Law in a Technological Era: Rights, Transparency and Administrative Justice (July 31, 2020). University of New South Wales Law Journal, Vol. 43, No. 3, 2020, p.1041, Monash University Faculty of Law Legal Studies Research Paper No. 3689497, Available at SSRN: https://ssrn.com/abstract=3689497

Yee-Fui Ng (Contact Author)

Monash University - Faculty of Law ( email )

Wellington Road
Clayton, Victoria 3800
Australia

Maria O'Sullivan

Monash University - Faculty of Law ( email )

Wellington Road
Clayton, Victoria 3800
Australia

Moira Paterson

Monash University - Faculty of Law ( email )

Wellington Road
Clayton, Victoria 3800
Australia

Normann Witzleb

Monash University - Faculty of Law ( email )

Wellington Road
Clayton, Victoria 3800
Australia

The Chinese University of Hong Kong ( email )

6/F, Lee Shau Kee Building
Shatin, New Territories
Kowloon, Sha Tin
Hong Kong

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