Administrative Review Council

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Record of the 25th Anniversary Proceedings

June 2002

R J Ellicott QC

Wardell Chambers
16th Floor, Prudential Building
39 Martin Place
Sydney 2000
Telephone: 9231 3133
DX379, Sydney
Fax: 9233 4164

Matt Minogue
Executive Officer
Administrative Review Council
Robert Garran Offices
National Circuit
BARTON ACT

Dear Mr Minogue

I refer to your letter of 21 November. I regret I will not be able to attend the 25th Anniversary functions of the Council on 6 December. Would you please express an apology on my behalf.

In answer to your request I am happy to provide the following message:-

The administrative law reforms of 1976-1977 gave Australia what was then probably the most advanced system of administrative law in the world. They were the direct product of the Kerr Committee. Pivotal to their introduction was the Federal Court which was set up at the same time. I saw an Administrative Review Council chaired by the President of the Administrative Appeals Tribunal as a central part of those reforms, not only to identify those discretions appropriate to review but also, as I suggested at the time, as a watchdog for the citizen over the whole system of administrative review - to nurture it, improve it and if needed, to protect it from bureaucracy and government ministers who might see themselves threatened by it. The fact that it took some years after I ceased to be Attorney General in September 1977 to settle the schedule to the ADJR Act and to pass Freedom of Information legislation (which I had promised for 1977) bore testimony to my fear.

The broad experience and quality of mind of those persons who became the first members of the Administrative Review Council demonstrated the great importance I placed on its work. No doubt the Council has fulfilled and will continue to fulfil its intended role. Fundamentally it is there to protect the rights of individuals in the face of overarching bureaucracy and, if those rights are truly threatened, it should not be slow to speak out and make its voice heard in the Parliament and in the wider community.

I congratulate the Council on its first 25 years of work and wish it well for the future.

Yours sincerely

Bob Ellicott

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