This workshop will cover the administrative law principles and processes that apply to investigations. The workshop will provide participants with an overview of the principles and framework of Administrative Law in Australia, as well as introducing relevant oversight institutions. It will focus on how these rules apply specifically to investigatory functions, with a particular emphasis on ensuring procedural fairness to those subject to investigation, the use of evidence in investigations, record-keeping and reasons. Attendees will be asked to work through practical scenarios throughout the workshop to discuss best practice investigatory processes.
Who should attend
All participants are welcome to attend. If you are an investigator, complaint handler, governance officer/manager, internal auditor, or regulation and compliance specialist you are encouraged to attend.
Duration - half-day afternoon workshop
This workshop requires a time commitment of 3.5 hours including 15-minute tea break. This workshop is scheduled from 1:30 pm to 5:00 pm.
Attendee numbers
A maximum of 32 participants may register for this workshop.
Learning outcomes
This workshop is designed to help participants to:
- gain an understanding of Administrative Law
- understand the key Administrative Law principles
- apply Administrative Law principles to the exercise of investigatory functions.
Workshop outline
Module 1 – Overview of Administrative Law (30 mins)
This module provides an overview of Australian Administrative Law and the institutions which oversee it. It will explain why Administrative Law applies to those exercising investigatory functions and the relevant oversight and accountability mechanisms.
Module 2 – Key Administrative Law Principles (1 hr)
This module covers the principles of lawful decision-making and good administration generally. It will cover the importance of:
- ensuring that investigators are acting within the lawful limits of their powers
- treating those affected by investigations with dignity and fairness
- acting in accordance with law and policy, and in the public interest
- identifying and managing conflicts of interest
- the use of evidence in investigations, and
- record keeping and providing reasons.
Module 3 – Particular Issues in Investigations (1.5 hrs)
This module will focus on particular Administrative Law challenges that often arise in investigations, and the application of Administrative Law principles to the exercise of investigatory functions. Workshop participants will work through a range of practical scenarios and discuss administrative best practice in the exercise of investigatory functions.
About the workshop presenter
NSW Ombudsman are the experts in complaint handling for the public and community sectors. We are also renowned for our training in areas of access and equity, and investigations. Our investigation and Administrative Law workshops explore the essential processes and obligations for conducting investigations in the workplace.
Dr Janina Boughey, Associate Professor, UNSW Law & Justice,
ARC DECRA Fellow
Director, Administrative Law and Justice Project - Gilbert + Tobin Centre of Public Law
Janina teaches and researches in Australian, Canadian and UK public law. Her work focusses on whether Administrative Law principles and institutions are 'fit for purpose' in light of the way modern governments function. Janina holds a PhD from Monash University (for which she received the university medal).
Janina is the author, co-author and editor of several books, the most recent of which include: The Automated State: Implications, Challenges and Opportunities for Public Law (Federation Press, 2021) (edited with Katie Miller); Government Liability: Principles and Remedies (LexisNexis, 2019) (with Ellen Rock and Greg Weeks); and Interpreting Executive Power (Federation Press, 2020) (edited with Lisa Burton Crawford).
Janina holds a PhD from Monash University (for which she received the university medal), undergraduate degrees in Law and Economics (social science) from Sydney University (both with first class honours), and an LLM in government law from the Australian National University. She has previously worked in a number legal, policy and research positions including in the Administrative Law section of the Commonwealth Attorney-General's Department, as a researcher in the Department of the Senate, and as Chair of Social Security Rights Victoria.
Register now to avoid disappointment.