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- Title
REVITALISING PUBLIC LAW IN A TECHNOLOGICAL ERA: RIGHTS, TRANSPARENCY AND ADMINISTRATIVE JUSTICE.
- Authors
YEE-FUI NG; O'SULLIVAN, MARIA; PATERSON, MOIRA; WITZLEB, NORMANN
- Abstract
This article examines how public law should be revitalised in light of the increasing use of technology in government decision-making. As the recent controversy concerning the implementation of an automated debt recovery system by the Department of Social Services illustrates, the automation of government decision-making engages fundamental legal principles such as transparency, procedural fairness and reviewability. The use of technology in administrative decision-making in Australia therefore raises a number of critical, and interlocking, questions: Is Australian public law fit for purpose to protect individual rights in automated governmental decisionmaking? If not, what reforms are necessary and how should they be instituted? This article will consider these issues in relation to three specific areas of public law: privacy law, freedom of information, and judicial review. In doing so, it sets out concrete recommendations for the revitalisation of Australian public law so that it may become more value-compliant and consistent with emerging international best practice standards.
- Subjects
AUSTRALIA; PUBLIC law; DECISION making; POLITICAL science; TECHNOLOGY
- Publication
University of New South Wales Law Journal, 2020, Vol 43, Issue 3, p1041
- ISSN
0313-0096
- Publication type
Article