Principles of good administrative decision making

[left]The principles of good administrative decision making include:

Understand the Act
Decisions must be in accordance with the Act Agents can only make decisions authorised by the Act. Therefore, it is important to:
• actually read the Act
• identify and understand the specific task or decision the Act is requiring or authorising agents to do or make
• take into account and follow criteria and/or procedures required by the Act.
Understand the Act Agents should ask the right questions based on the Act and take into account and follow prescribed criteria and/or procedures outlined in this Manual.
Exercising statutory power Agents can only exercise a statutory power for the purpose for which it is conferred and cannot exercise a statutory power for an improper purpose.
Relevant/irrelevant considerations
Relevant considerations A decision maker is obliged to consider all matters relevant to the decision to be made. Relevant matters means matters which the decision maker should rely on. A decision maker is obliged to consider those matters expressly referred to in the Act, or which may arise by implication from its subject matter, scope and purpose.
If the Act does not specify any relevant considerations and leaves the discretionary power largely unconfined, then it is largely for the decision maker to determine what matters are relevant and the comparative importance to be accorded to them. This determination of what is relevant must be consistent with the goals of the Act.
However, a decision maker is not obliged to make an exhaustive list of all matters that might conceivably be relevant to a decision and then consider them all. Relevant matters are those that must be considered, or relied on, for the exercise of the power.
Agents should make sure they consider all matters relevant to the decision to be made.
Irrelevant considerations Taking into account an irrelevant consideration can be just as fatal to a decision as failing to take into account a relevant consideration.
Whether a matter is irrelevant (like whether a matter is relevant) is a matter of understanding the Act conferring the power.
Reliance on an incorrect or unsubstantiated fact may be treated as an irrelevant consideration. Agents should take care to avoid relying on an 'insupportable finding' or 'mere conjecture'.
Agents must not rely upon matters irrelevant to the decision to be made.
The role of policy and discretion
Discretion Discretion is a term often used when discussing statutory decision making. It refers to the element of choice a decision maker has in forming their view or making their decision. Discretion may be evident where the Act uses the term 'may' instead of the term 'must'. However, this is not a definitive test of the existence of discretion.
Discretions are vested in the decision maker. A decision maker may act improperly if they act at the dictate of another person.
Limits to the exercise of discretion may be found in the Act or in the nature of the decision making function itself.
For example:
The Act may require the discretion to be exercised in accordance with specified statutory criteria. If the discretion is not exercised in accordance with these criteria, then it may cause the decision maker to make an error which affects the validity of the decision.
Agents should always consider the limits of their discretion, ensuring they act in accordance with the legislative framework.
Policy In addition to statutory limits and in order to ensure administrative consistency, discretion should be exercised in accordance with WorkSafe policies and procedures.
Agent staff exercising statutory powers should comply with all relevant and applicable WorkSafe policies and procedures, including the Claims Manual.
However, care needs to be taken to ensure that WorkSafe policies and procedures do not inappropriately restrict a decision maker’s discretion. That is, policies and procedures can guide and educate a discretion by, for example, identifying relevant criteria or setting out a consultation process. However, they cannot remove or restrict a discretion conferred on a decision maker by the Act.
Best available information
Decisions based on best available information Decisions should be based on and supported by the best available evidence. Courts may imply into statutes an obligation to consider the most recent and accurate information available to the decision maker.
Obligation to seek out relevant information In some situations, there is an obligation to seek out relevant information. For example, the Act may make clear there is an obligation to conduct an inquiry to discover relevant information.
However, even without such an express obligation, the courts may hold the obligation exists where:
• it is obvious that information is readily available that is centrally relevant to the decision to be made
• the decision maker is on notice the information existed but chooses not to seek it out (known as 'constructive knowledge' or 'wilful blindness')
• the information available to make a decision is clearly inadequate.
Proper, genuine, realistic consideration
Give proper, genuine & realistic consideration A decision maker must give proper, genuine and realistic consideration to the merits of a decision. Furthermore, the paperwork (decision record) should reflect this, in case there is a challenge to a decision.
List all matters considered While the failure to mention a matter expressly will not necessarily give rise to an inference that it was not considered, it is nevertheless good practice to list all matters considered.
© 2008 Victorian WorkCover Authority Melbourne Australia