Lewenberg v Victoria Legal Aid; White v Victoria Legal Aid

The applicants, Lewenberg and White, sought judicial review of decisions by Victoria Legal Aid (VLA) not to include them on a specialist criminal law practitioner's panel established under section 29A of the Legal Aid Act 1978. The applicants argued that VLA was obliged to give reasons for its decision under section 8 of the Administrative Law Act 1978 and that this obligation was not against public policy. The Supreme Court of Victoria was tasked with determining whether VLA was required to provide reasons for its decision and whether such a requirement was against public policy.

The court considered the statutory framework governing the establishment of specialist panels under the Legal Aid Act 1978 and the principles of natural justice, including the obligation to give reasons for administrative decisions. The court noted that the Act did not explicitly require reasons to be given for decisions regarding the inclusion of practitioners on the panel. However, the court held that the obligation to give reasons was an implied requirement under the principles of natural justice, which are incorporated into administrative decision-making processes under section 8 of the Administrative Law Act 1978. The court further found that the provision of reasons was not against public policy, as it would not undermine the effective administration of the scheme.

The Supreme Court of Victoria ordered VLA to provide reasons for its decision not to include the applicants on the specialist criminal law practitioner's panel. The court held that the obligation to give reasons was an implied requirement under the principles of natural justice and section 8 of the Administrative Law Act 1978. The court also found that the provision of reasons did not conflict with public policy. This decision reinforces the importance of transparency and accountability in administrative decision-making and the need for administrative bodies to provide reasons for their decisions, where required, to ensure compliance with the principles of natural justice.