Reconsidering Osmond

  • Charles Noonan Maurice Blackburn Lawyers

Abstract

Over thirty 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 thirty years largely unscathed. In particular, 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.

 

Published
2019-09-12
How to Cite
Noonan, C. (2019) “Reconsidering Osmond”, Victoria University Law and Justice Journal, 8(1). doi: 10.15209/vulj.v8i1.1140.
Section
Article