ARC Australia:
Best Practice Guides on Decision Making
The Australian Administrative Review Council has produced best practice guides on decision making which are intended for primary decision makers in Australian Commonwealth agencies. They are designed to be used as a training resource and for reference to cover all the key stages required in the process of administrative decision-making. They are therefore much more detailed than the UK Parliamentary and Health Service Ombudsman's "Principles of Good Administration".
There are five guides, each consisting of eleven pages. They are:
- Guide 1: Lawfulness (This deals with legal authority through legislation or executive powers; delegation; mandatory as against discretionary decisions; statutory procedures; human rights and discrimination; and other relevant factors.)
- Guide 2: Natural Justice (This explains the requirements for a fair hearing and the need to avoid conflicts of interest or bias.)
- Guide 3: Evidence, facts and findings (This explains what facts are material and relevant, what evidence is and how it may be obtained and assessed.)
- Guide 4: Reasons (This deals with the requirement to give reasons for decisions, particularly in relation to two Australian statutes.)
- Guide 5: Accountability (This explains the various ways in which administrative decisions can be challenged or reviewed, including appeal and internal review, the Ombudsman and judicial review.)
The guides are well written and contain good advice and examples which should be useful to administrative decision makers not just in Australia. They are available on the ARC's website.