McClelland, Robert --- "Foreword" [2010] AdminRw 1; (2010) 59 Admin Review i

• Foreword

---

Foreword

The articles in this 59th edition of Admin Review offer a range of interesting perspectives—from politicians, administrators, practitioners and business—on the modern application and scope of administrative law. They also highlight the importance of administrative law in upholding each citizen’s democratic right to participate in government processes and challenge government decisions that affect them.

Although the Commonwealth’s administrative law system has provided a firm basis for these rights, there is room for improvement in some areas of public policy and administration. Restoring trust and integrity in government has been a priority of the Rudd Government since it was elected in 2007.

Reform of freedom of information laws, as described by my colleague Senator Ludwig in his article, is an important part of that agenda. The reforms are designed to establish a statutory basis for a culture of openness in government through provision of improved access to government information.

Ongoing consideration of the need for protection for whistleblowers is another acknowledgment by the Government of the importance of integrity in government and the encouragement of a pro-disclosure culture. The paper on whistleblower protection, by the Hon. Mark Dreyfus QC, MP, covers the recommendations made in the report of the House of Representatives committee inquiry into whistleblower protection that was tabled in early 2009.

In addition to making government information more accessible, improved access to information about the law is consistent with the Government’s approach to improving access to justice. The administrative law system already includes a scheme designed to make delegated legislation more accessible to those who might be affected by it.

The Legislative Instruments Act 2003, which has its origins in a 1992 report of the Administrative Review Council, provides for better public access to subordinate legislation through the Federal Register of Legislative Instruments. Other accountability and transparency measures ensured by the scheme arising from the Act are parliamentary scrutiny and public participation in the making of rules.

In May 2009 I tabled the report of a statutory review of the scheme. A number of the recommendations in that report are already being implemented within my portfolio—including the upgrading of the Comlaw website and the provision of improved guidance to agencies on compliance with the Act. Because the scheme has government-wide application, I will be consulting within government on the implementation of other recommendations that require changes to existing agency practices.

I thank the members of the Administrative Review Council for their efforts in putting together this collection of articles. Admin Review provides an excellent forum for us to assess how administrative law and practice can respond to the challenge of providing fair and open government in the 21st century. I hope this publication will stimulate debate that will contribute to the continuing evolution of our administrative law system which has been so well described in this publication.

Finally I would like to publicly acknowledge the valuable contribution Jillian Segal made during her four years as President of the Council. Under her leadership the Council produced a number of important reports as well as the practical guides for Better Decision-Making and the updated Guide to Standards for Conduct of Tribunal Members (2009). I thank her for so generously sharing her time and experience and wish her well in her future endeavours.

Robert McClelland MP

Attorney-General