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Administrative Law: Updates and insights

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Administrative Law: Updates and insights

Date & TimeTBC
Format Webcast, Workshop





CPD Units 3
  • Substantive Law
Venue LIV, Level 13, 140 William Street, Melbourne View Map

This session is designed to help you navigate the complex and ever-changing landscape of administrative law. Receive key insights and advice that can help your practice thrive.

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Program Overview

  • Administrative Law: Updates and insights - Friday 15 Mar
    • 8:30 AM Registration
    • 9:00 AM Opening and Welcome
    • 9:05 AM FOI Rights and Duties Under the Freedom of Information Act 1982 (Vic): Practical Insights

      This session will consider the rights set out in the Victorian Freedom of Information (FOI) Act that are a necessary part of the information access regime.  Following the steps involved in an FOI request, we will identify an applicant’s rights and duties involved in an FOI request and an agency’s rights and duties in making a decision. This session will address the key steps in the decision-making process for those making FOI requests and those determining them.
      Topics will include the rights and duties involved in:

      • Part II statements
      • Making requests
      • Accessing documents
      • Deposits and charges
      • Decisions, including exemptions

      Presenter: Elisa Hesling, Senior Associate, FOI Solutions

    • 10:05 AM Recent Trends in Statutory Interpretation

      In 1947, American jurist Felix Frankfurter stated that the problem with statutory interpretation ‘derives from the nature of words’. Indeed, the problems posed by the application of laws expressed in general terms to the resolution of substantive disputes, though not literally older than dirt, are certainly older than modern representative democracy. Focusing on recent judgments of the High Court, this session will examine the substance-, text- and context-based techniques that Australian courts use to address the perennial problem of applying statutory language to concrete disputes.

      Topics will include:

      • The interpretation of statutory provisions affecting personal liberty (as discussed in Minogue v Victoria)
      • The use of grammatical aids to interpretation (as discussed in Esso Australia Pty Ltd v Australian Workers’ Union) and
      • The importance of legislative context (as discussed in SZTAL v Minister for Immigration and Border Protection)

      Presenter: Jonathan Bayly, Barrister, Victorian Bar
    • 11:05 AM Morning Tea
    • 11:15 AM Delegated Legislation

      This session will consider how the use of delegated legislation, in both the Commonwealth of Australia and the State of Victoria, seems to be increasing at a rapid pace.  It will address which kind of instruments are necessary to be categorised as legislation, and how to identify whether there has been the requisite delegation to give effect to such a legislative instrument.  

      Topics will include:

      • Where is a legislative instrument required?
      • What can be the ramifications of administrative action being taken without one?
      • How do you identify whether there is an effective legislative instrument?
      • Why delegated legislation should matter to you?
      • How delegated legislation may impact on you?
      • What might you gain from delegated legislation?

      Presenter: Dr Steven Stern, Barrister-at-Law, Svenson Barristers List S, Victorian Bar; Adjunct Professor, College of Law & Justice, Victoria University

    • 12:15 PM Close

Further Details

  • Full Description

    This session is designed to help you navigate the complex and ever-changing landscape of administrative law. Receive key insights and advice that can help your practice thrive.

  • Presenters

    Elisa Hesling, Senior Associate, FOI Solutions Elisa Hesling is a Senior Associate with FOI Solutions practising in administrative law. As one of 22 Law Institute of Victoria Accredited Specialists in Administrative law, she has extensive experience in advising government on the operation of Freedom of Information, privacy and policy, as well as appearing in merit review and original applications involving these areas of law. Prior to commencing work with FOI Solutions, Elisa was employed by the Victorian Department of Human Services advising on Information Privacy and Freedom of Information. She is a member of a number of Law Institute of Victoria committees and is an officer of the Victorian Chapter of the Australian Institute of Administrative Law.

    Jonathan Bayly, Barrister, Victorian Bar Jon's practice focuses on public law and torts. He acts in judicial review proceedings in the Supreme Court, Federal Court and Federal Circuit Court and in proceedings before administrative tribunals, including VCAT, the Victims of Crime Assistance Tribunal and the Victorian Building Authority/Building Practitioners Board. Jon also has extensive experience in tort and personal injury litigation.
    Before coming to the Bar, Jon was a solicitor for over a decade. Between 2008 and 2016, Jon worked at the Victorian Government Solicitor’s Office, where he was a Principal Solicitor and chair of the VGSO’s Constitutional Law and Intergovernmental Relations Practice Group.

    Dr Steven Stern, Barrister-at-Law, Svenson BarristersList S, Victorian Bar; Adjunct Professor, College of Law & Justice, Victoria University Dr Steven Stern BEc LLB (Mon); LLM PhD (Melb); CTA is inpractice as a Barrister-at-Law on List S Svenson Barristers where he is the List Secretary. Steven is also an Adjunct Professor in the College of Law & Justice at Victoria University. Steven brieflyread at the Victorian Bar with J G Larkins (subsequently QC) assisting in Supreme Court trials. He also specializes in advocacy, including preparing court documents; and, in particular, advising clients about their prospects of success in litigation and their legal problems generally. Steven's doctorate of philosophy at the University of Melbourne on the influence of financial law on monetary economics received the highest possible grading by the external examiners.

  • Learning Outcomes

    By attending this session, you will:

    • Apply updated and refreshed knowledge of Victoria’s FOI legislation to your daily practice, including key steps involved in the FOI decision-making process
    • Understand how Australian courts have recently applied statutory language to disputes
    • Strengthen your capacity to advise clients and seek resolutions through an improved understanding of delegated legislation