Paper, Order, or Assignment Requirements

Students may choose EITHER of the two available topics below. See details regarding submission, due date and essay style guide below.

Topic 1

Outline and analyse the role and functions of anti-corruption commissions (“ICAC”) in a public law institutional system designed to enhance accountability of public officials, Ministers and Members of Parliament. Compare and contrast it briefly with the role of other public law institutions/offices especially the Ombudsman

Discuss and analyse the issues that would be involved in establishing an ICAC body in EITHER the Northern Territory or at Commonwealth level (noting that neither has an ICAC body at present whereas most States do). Note that the existing state anti-corruption commissions differ from each other in various respects as to their powers and scope. Consider especially whether an ICAC should have powers to conduct public hearing (AS THE New South Wales ICAC does). What are the arguments for and against such a power, particularly having regard to recent situations and case law?

Topic 2

How important is the role of an Information Commissioner to the effective functioning of freedom of information legislation? How important is freedom of information legislation to public law accountability and transparency. Discuss and analyse these question in light of the establishment of the office of Information Commissioner under the Freedom of Information Act 1982 (Cth) as recently as 2010 and experiences of the Commissioner’s operations since that time, including the Abbott/Turnbull government’s partly thwarted efforts to abolish the office of Commissioner (it has only succeeded in defunding and denying resources).

Note that state and territory FOI Acts generally speaking have long provided for an Information Commissioner.