Non-Statutory Filters in Government Decision-Making

Compatible with Administrative Justice?

  • Anlee Khuu University of Western Australia


Non-statutory, preliminary assessments by departmental staff or independent contractors may well be administratively efficient. They may even be necessary, considering the large administrative workloads now inherent in government decision-making. However, such processes can have a negative impact upon administrative justice when the formal decision is non-compellable. When that is so, an applicant rejected by a negative preliminary assessment can be left in limbo with no subsequent avenue to the formal, proper decision-maker. The result is the filtering of important administrative decisions away from the proper decision-makers. Here, the ultimate question is whether such non-statutory filters are compatible with administrative justice and, if not, whether the law can be reformed to make them compatible.

How to Cite
Khuu, A. (1) “Non-Statutory Filters in Government Decision-Making: Compatible with Administrative Justice?”, Victoria University Law and Justice Journal, 6(1), pp. 10-25. doi: 10.15209/vulj.v6i1.1062.