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Rangiah, Darryl --- "Editorial: At the intersection of law and politics" [2022] PrecedentAULA 12; (2022) 169 Precedent 2

AT THE INTERSECTION OF LAW AND POLITICS

By The Hon Justice Darryl Rangiah

Flicking through the pages of any newspaper reveals that news is generally dominated by two areas: law and politics. As administrative law stands at the intersection of law and politics, it is often concerned with the most topical and controversial subjects in our society.

Administrative law cases tend to reflect the areas of great political and societal division, including migration, the environment, industrial disputation, imprisonment, terrorism and social security. A recent example is the challenge by Novak Djokovic to his visa being cancelled on the basis that his presence in Australia might foster anti-vaccination sentiment.

The application of administrative law has become increasingly imperialistic, and covers almost every area where there are dealings between government and citizens. It is now common to see applications for administrative law remedies in areas of law as diverse as intellectual property, personal injury, tax, native title, mining, telecommunications and commissions of inquiry.

This issue of Precedent focuses on administrative law. Just as the scope of administrative law ranges widely, so do the areas covered in this edition.

Three articles explore the role of administrative law principles and remedies as an important check and balance upon the conduct of public officials. Greg Barns SC considers the use of administrative remedies in the context of correctional services regimes. Amanda Do and Dr Jason Donnelly provide practical guidance for practitioners concerning the related and burgeoning area of cancellation of visas on character grounds. Anna Talbot examines the right to protest, a controversial area in the wake of the pandemic.

Alanna Mitchell examines another pandemic-related issue, the implications of Patrick and Secretary, Department of Prime Minister and Cabinet (Freedom of Information) [2021] AATA 2719, which granted an application for access to the minutes of the National Cabinet.

Emeritus Professor Dennis Pearce provides a valuable reminder of the important, but underappreciated, role of Interpretation Acts in the construction of statutory provisions.

Adjunct Professor Allan Anforth AM contributes an overview of provisions concerning recovery of social security payments in claims for compensation for injury.

Mark Holden of the Financial Rights Legal Centre offers guidance for supporting First Nations clients who apply for financial dispute resolution through the Australian Financial Complaints Authority.

Mark Robinson SC and Jnana Gumbert provide a practical overview of the role of administrative law in personal injury cases in New South Wales, including a discussion of practice and procedure and grounds for judicial review of administrative action. The principles discussed in the article also have relevance for practitioners in other states and territories.

The imperialistic march of administrative law makes an understanding of the principles of administrative law an essential tool for every competent litigation lawyer. We are fortunate in this edition to have some of the foremost experts in their areas provide valuable insights into topical aspects of administrative law.

The Hon Justice Darryl Rangiah was appointed as a judge of the Federal Court of Australia in 2013. His Honour has also been appointed as an additional judge of the ACT Supreme Court.

His Honour is a National Coordinating Judge for the Federal Court in the practice areas of native title and employment and industrial law.

Prior to his appointment, Justice Rangiah practised as a barrister at the Queensland Bar, taking silk in 2008. His Honour was also chair of the Queensland Fisheries Tribunal for 9 years and a member of the Queensland Anti-Discrimination Tribunal for 5 years.