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Last updated: : 22 December 2004
Ongoing employment – Recruitment and related issues
Frequently Asked Questions
11. What are the administrative law principles relevant to recruitment and selection?
The Privacy Act 1988 and the Administrative Decisions (Judicial Review) Act 1977 apply to recruitment and selection decisions made under the Act.
Decisions made under the Act may also be subject to review under general administrative law.
The key requirements of administrative law are:
- natural justice should be observed
- any procedures required by law in connection with the decision should be observed
- the person making the decision should be properly authorised (eg the Agency Head or a delegate)
- the decision should not be induced or affected by fraud
- there should be evidence to justify the decision
- irrelevant considerations should not be taken into account
- relevant considerations should be taken into account
- the power should be exercised for proper purposes and in good faith
- the decision should not be made at the direction or behest of another person
- the decision should not be made in accordance with a rule or policy without regard to the merits of the particular case
- the decision should not be an unreasonable decision in the sense of being 'perverse'
- the decision should not otherwise constitute an abuse of the power to make the decision.
