Groves, M & Stuhmcke, A 2022, 'The Evolution and Future of the Ombuds' in Stuhmcke, A & Groves, M (eds), The Ombudsman in the Modern State, Hart Publishing, London, pp. 1-18.
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Stuhmcke, A 2022, 'Government Watchdog Agencies and Administrative Justice' in Hertogh, M, Kirkham, R, Thomas, R & Tomlinson, J (eds), The Oxford Handbook of Administrative Justice, Oxford University Press, London, pp. 115-136.
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AbstractWatchdog agencies render government accountable to the citizen and play an important role in raising standards of public administration. Yet, in what is a global phenomenon, watchdog agencies struggle to keep pace with the realities of modern government. Often lacking formal constitutional or legislative protections, watchdog agencies are susceptible to use for political purposes. This article suggests that the normative framing of ‘integrity’ may guard against this structural vulnerability. Australia is discussed as a case study of a jurisdiction where integrity may facilitate the service of watchdog agencies to administrative justice rather than to the underlying administration of the state.
Millbank, J 2022, 'Reinstatement of Previously Deregistered Health Professionals in Australia: Legal Determinations of Risk, Patient Safety and Public Interest', Federal Law Review, vol. 51, no. 1, pp. 3-30.
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Each year approximately 60 registered health practitioners in Australia have their registration cancelled for reasons of serious misconduct or, less commonly, impairment or criminal conviction. Cancellation remains in force unless the practitioner successfully brings a later application to be restored to the register. While the decision to deregister takes place in a public tribunal process, with published reasons, throughout most of Australia determinations concerning reinstatement are undertaken by professional Boards in private. This research examines available reinstatement decisions concerning 86 health practitioners to analyse how the health regulatory system in Australia determines questions of public interest and public safety when deciding whether deregistered health practitioners who seek reinstatement are now ‘fit and proper’ to practise their profession again. There is a considerable body of case law on the meaning of fitness to practise for health professionals, and the process by which it can be assessed. However, there is remarkably little legislative content or administrative guidance to structure the reinstatement inquiry, assist applicants in the process or to ensure consistency of decision-making, in particular by drawing attention to broader public protection factors. Reinstatement determinations would be improved through the introduction of structured guidance on how to apply the paramount objective of public protection. The article also suggests that having all reinstatement determinations take place in public with published reasons would improve public understanding of, and confidence in, the reinstatement process.
Millbank, J 2022, 'Restoration to Practice of Health Practitioners Removed for Serious Sexual Misconduct: Evaluating Public Confidence and Assessing Risk', Griffith Law Review, vol. 31, no. 1, pp. 123-150.
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Wangmann, JM, Kaye, M & Booth, T 2022, 'Addressing the Problem of Direct Cross-Examination in Australian Family Law Proceedings', University of New South Wales Law Journal, vol. 45.
Raiche, H, Wilding, D, Lee, K & Stuhmcke, A UTS Centre for Media Transition 2022, Digital Platform Complaint Handling: Options for an External Dispute Resolution Scheme, pp. 1-68, Sydney.
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As part of its recommendations in the Final Report of the Digital Platforms Inquiry (‘DPI’), the Australian Competition and Consumer Commission (‘ACCC’) proposed the establishment of an ombudsman scheme to deal with complaints and disputes involving digital platforms providers. The ACCC suggested the Telecommunications Industry Ombudsman (‘TIO’) be considered, or, if that were not feasible, then a standalone ombudsman be established. Taking the Coalition Government’s in-principle support of the DPI recommendation as a starting point, this research looks at options for establishing an ombudsman scheme. Narrowing the focus to social media platforms, we explore the types of complaints and how these are handled by the leading social media service in Australia, Facebook. We then look at existing external mechanisms to handle those complaints, and finally at options for an external complaint handling scheme, were government to mandate such an arrangement.
Groves, M & Stuhmcke, A 2022, 'The Ombudsman in the Modern State', Hart Publishing, London, pp. 1-394.
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Ombudsmen are a global phenomenon. They are also a critical part of the public law frameworks of modern liberal democracies. This is the first edited collection to examine the place of the ombudsman in the modern state. It brings together key international scholars to discuss current and future challenges for the Ombudsman institution and the systems of government within which they operate. The book is international in scope with authors heralding from most continents-Canada, the Netherlands, the United Kingdom, Australia, New Zealand, Hong Kong, South Africa, Germany, and Austria. This global analysis is both in-depth and expansive in its coverage of the operation of Ombudsmen across civil and common law legal systems. The book has two key themes:-The enduring question of the location and operation of Ombudsmen within public law systems in a changing state, and-The challenges faced by Ombudsmen in contemporary governance. This collection adds to the public law scholarship by addressing a common problem faced by all avenues of public law review – the evolving nature of modern public administration.
