Are quasi-judicial officers exploiting a hole in the accountability umbrella?

ARE QUASI-JUDICIAL OFFICERS EXPLOITING A HOLE IN THE ACCOUNTABILITY UMBRELLA?

This paper compares the accountability framework that exists between the Executive, the Legislature and the Judiciary in the Westminster system. In particular, the accountability mechanisms that apply for judicial and quasi-judicial officers.

The ultimate question considered, is whether quasi-judicial officers are exploiting the benefits of the principle of judicial independence while enjoying a lower level of accountability than judicial officers.

Whatever one’s assessment is of the current accountability framework for judicial officers, it would seem irregular or even irrational for quasi-judicial officers to have a framework that is either perceived to be or is actually lighter.

This paper examines a case study from the Western Australian jurisdiction which appears to expose that such irregularity and irrationality is alive and well.

Co-authored with Bianca Cobby LLB.

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