Australian courts and administrative tribunals are dependent upon government for funding. Additionally, in most circumstances, courts and administrative tribunals are dependent upon government for administrative assistance. The rule of law requires the three branches of government, the executive, the legislative and the judicial be separate. Given the dependence on funding and administrative support, can Australia’s courts and administrative tribunals be “independent”? This article examines whether there is difference between administrative independence and adjudicative independence and then presents the views of participants gained from two separate surveys on the issue of whether there is a difference between administrative and adjudicative independence.
Funding
Category 1 - Australian Competitive Grants (this includes ARC, NHMRC)