Holding the Exercise of Public Power by Private Entities to Account

Private entities sometimes exercise public power or perform governmental functions and often deliver services on behalf of governments. In these situations, complex public law issues concerning control and accountability arise. This seminar examines some of those issues.

Dr Catherine Button QC will discuss case law considering the status in Victoria of the English Court of Appeal's decision in R v Panel on Take-Overs and Mergers; Ex parte Datafin plc [1987] 1 QB 815, which holds that exercises of public power by private entities are amenable to judicial review on the ordinary public law grounds.

Dr Yee-Fui Ng will explore the control and accountability of statutory corporations and government-owned and -controlled companies in Australia, and explain why statutory corporations are more accountable than government-owned or -controlled companies.