Question:
Is it appropriate to make recommendations about Ministerial behaviour under the topic “Adjudicative independence of the AAT from Ministerial influence“?
Answer:
Although there are several recommendations you may make (either broad or narrow), if you make recommendations regarding Ministerial behaviour, you should link them to adjudicative independence and explain how your reform recommendations will be implemented in practice. Be careful to ensure that your recommendations are not merely aspirational.
Question:
When considering the appointment process are we restricted to taking a “vanilla” approach (strict legal approach) or can we look more broadly at the political influences involved?
Answer:
You are not limited to the ‘vanilla’ approach.There are several different approaches that one can take when making submissions to Parliament. The important point is that your claims / recommendations are clear, reasoned and persuasive.
Question:
I’m wondering whether it is appropriate for us to make a positive submission based on the conduct of the AAT, as opposed to criticism/review more generally.
Answer:
Yes, it is possible for students to make a positive submission on a particular aspect of the assignment question. A critical analysis does not mean it is necessary to disagree with the current position or that reform is automatically needed. However in taking a positive position, it is still necessary to justify the reasons for your support and address any arguments that may be raised as demonstrating that reform is desirable. So that would require anticipating the counter arguments and formulating responses to them. Having credible research sources or examples from other jurisdictions in support of the positive submission will also help strengthen your analysis.
Question:
Do Does the ‘appointment process’ reform issue cover the ‘reappointment process’ or should I just be focusing on the ‘initial appointment’ process?
Answer:
The AAT appointment process may be interpreted broadly to include re-appointment.
Question:
Is the reform issue whether it is advisable to impose a statutory duty on the AAT to inquire in the special circumstances identified by common law?
Answer:
Yes the issue is whether there should be a statutory duty to inquire imposed on the AAT. This could either be consistent with the current position at common law or drafted broader/narrower as considered necessary.
Question:
Is the issue whether the common law position on policy lacks clarity and as such we should lay down hard and fast rules – i.e. via statute? or is the reform issue, whether I agree with the common law position?
Answer:
The issue of policy and its consideration by the AAT may be approached in any of the directions you have indicated. The consideration of policy is an issue that has arisen with many tribunals required to review government decisions, so there remains ongoing debate on this topic.
Question:
I am curious what the main goal of this assessment was. From your perspective what exactly are you trying to get us to show? Are we supposed to critique and analyze three of the four reform issues?
Answer:
The main goal of the assignment is to require students to undertake legal research and legal writing on a topical administrative law issue. As there is currently a review of the AAT in progress, this was used as the inspiration for the assignment question. Yes, students are required to analyze at least three of the four listed items in preparing written submissions. The purpose of presenting four items was to ensure that students had a starting point which would give them a central focus to their submissions.
Question:
It is noted that our analysis shouldn’t be a description, and considering the page requirements, is it fair to assume we don’t need to describe the reform we have chosen to analyze? Or do you reckon we should do a short description of what it is followed by the analysis?
Answer:
The page limit was inspired by the suggested page limit which is recommended for submissions to Federal Parliamentary Committees, so this aspect of the assignment is also grounded in reality. Given the page limit, it is not necessary to describe the existing AAT practices and students can assume the markers are aware of these. Students can proceed to propose reforms and explain their justifications for these reform proposals.
Question:
PG students have to prepare a bibliography annotated with qualitative comments as to the usefulness, reliability, and main content. How long should each of these be?
Answer:
The annotated bibliography does not have a page or word limit. It is intended to provide a mechanism for PG students to evaluate their research sources. This annotations should be concise and include a critical evaluation of the reliability and usefulness of each source, plus a brief summary of its content. The allocation of marks for the sources would not amount to critical evaluation, something more qualitative is necessary.
Question:
It was noted that we could use real life examples from other jurisdictions. Is there any guidance on this?
Answer:
Students are free to refer to developments in other jurisdictions. My advice would be to select any comparison carefully – some examples would include selection on the basis that the institution is exercising the same type of power, performing a similar role and/or has an analogous jurisdiction.
Question:
Please confirm the spacing requirement for the assignment.
Answer:
The required spacing is 1.5. There was a typographical error in the Assignment Instructions which has now been corrected.
Question (applies to PGs only) :
How are end notes different to an annotated bibliography – or are they the same things?
Answer (applies to PGs only):
The end notes should contain the necessary AGLC citation details only. The bibliography would be a separate listing containing the annotations on your critical evaluation of the source’s reliability and usefulness, plus a brief summary of its content.
Question:
Is the assignment meant to be an essay format or in court submission format?
Answer:
For every student, there should be a research phase before you begin your writing stage. The term submission is used in an administrative law sense in this assignment. This is a typical feature of the law reform process in administrative law and public law more broadly. It is NOT related to formal submissions made to a court during litigation. I suggest you spend some time researching public submissions which are available on various websites – starting points would include the Australian Parliament House website and its Committees, as well as the Australian Law Reform Commission, but should not be limited to these websites.
