Commentary
Short-form analysis of administrative law, transparency systems and institutional design. Each edition examines a single concept, pattern or reform through the lens of how public decision-making is structured.
For the full evidence base and argument, see the position paper. Commentary below addresses individual concepts and developments.
Where Section 39 Stops
A Victorian FOI Special Edition on the Smeaton line of authority. Section 39 of the FOI Act (Vic) can correct a record. It cannot reach the decision that formed around it.
Read →When Design Is the Missing Layer
The final edition examines whether design can close the gap between legal obligation and institutional behaviour in Commonwealth FOI decision-making.
Read →When Review Can't Reach
Patrick v Australian Information Commissioner exposed a structural gap between administrative capacity and legal remedy. When IC review can't reach, the accountability chain breaks at the final link.
Read →Reasons for Decisions
When an agency refuses an FOI request under s 47E(d), what does the law actually require them to explain?
Read →Deemed Refusals
Under the FOI Act, if an agency doesn't respond within 30 days, the law treats silence as a refusal.
Read →