Reconsidering Osmond

  • Charles Noonan Maurice Blackburn Lawyers


Over 30 years has now passed since the High Court of Australia held in Public Service Board (NSW) v Osmond that the common law imposes no obligation on administrative decision-makers to provide reasons for their decisions. Despite this, significant developments made in Australian administrative law since Osmond was decided may in fact cause major difficulties to a rule that has survived the past 30 years largely unscathed. This paper demonstrates that although the emergence of Li unreasonableness is unlikely to give rise to a common law duty to provide reasons, the principles of natural justice provide a solid doctrinal foundation for the High Court to reconsider the position expressed in Osmond.

How to Cite
NoonanC. (2018) “Reconsidering Osmond”, Victoria University Law and Justice Journal. Melbourne, Australia, 8(1), pp. 45–54. doi: 10.15209/vulj.v8i1.1140.