Duties to Consider

Administrative decision-makers are sometimes required, by identical statutory language, to "consider" ("or have regard to" or "take into account") both issues, factors or principles and submissions, representations, comments or other specified documents. This article considers whether the content of the duty to consider is the same in each situation. It does so by reference to recent case law and in the context of the limited and diminishing role of the traditional "grounds" of review in Australian law. It argues that, while the "relevant considerations" ground of review is related to application of the correct decision-making framework, duties to consider documents are related to procedure.