Deliberation and automation - when is a decision a "decision"?

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Abstract

This article examines the implications of automation for administrative law, with a focus on the question of whether an automated decision is a ‘decision’ for the purpose of the Administrative Decisions (Judicial Review) Act 1977 (Cth). In doing so, the paper uses the recent decision of the Full Federal Court decision of Pintarich v Deputy Commissioner of Taxation [2018] FCAFC 79 as a case study to illustrate some of the broader issues posed by automation for administrative law doctrine. In examining the implications of automation, we argue that there must be a flexible, modern interpretation of existing administrative law principles or the development of innovative new principles to address these technological developments.
Original languageEnglish
Pages (from-to)21-34
Number of pages14
JournalAustralian Journal of Administrative Law
Volume26
Issue number1
Publication statusPublished - 2019

Keywords

  • Automation
  • Administrative Law
  • Decision
  • Administrative Decisions (Judicial Review) Act
  • Deliberation

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