Administrative Justice, Procedural Fairness and Public Trust: Issues in the Review of Low-Value Infringement Systems in New South Wales

This Issues Paper examines the administrative justice implications of low-value infringement review systems within Westminster-style democracies, using New South Wales as a case study. The paper does not challenge the legitimacy of infringement enforcement. Rather, it examines whether existing review pathways provide proportionate, accessible and independent mechanisms for dispute resolution. Drawing upon administrative law scholarship, procedural justice literature, public trust research, tribunal design theory and comparative international practice, the paper identifies a potential review gap between internal administrative reconsideration and formal court proceedings. The paper considers the implications of this review architecture for public trust, access to justice, court utilisation and democratic legitimacy. Comparative analysis is undertaken across Australia, the United Kingdom, New Zealand and Canada. This publication is intended to support discussion regarding administrative review design, procedural fairness and the future development of proportionate dispute resolution mechanisms for low-value regulatory matters.

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Publication Details

Journal
Zenodo (CERN European Organization for Nuclear Research)
Published
2026-06-18
DOI
https://doi.org/10.5281/zenodo.20739331
Primary Topic
Ombudsman and Human Rights
Type
article
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article

Administrative Justice, Procedural Fairness and Public Trust: Issues in the Review of Low-Value Infringement Systems in New South Wales

Gregory Adamson
Zenodo (CERN European Organization for Nuclear Research)
Ombudsman and Human Rights
article

Administrative Justice, Procedural Fairness and Public Trust: Issues in the Review of Low-Value Infringement Systems in New South Wales

Gregory Adamson
article en

Abstract

This Issues Paper examines the administrative justice implications of low-value infringement review systems within Westminster-style democracies, using New South Wales as a case study. The paper does not challenge the legitimacy of infringement enforcement. Rather, it examines whether existing review pathways provide proportionate, accessible and independent mechanisms for dispute resolution. Drawing upon administrative law scholarship, procedural justice literature, public trust research, tribunal design theory and comparative international practice, the paper identifies a potential review gap between internal administrative reconsideration and formal court proceedings. The paper considers the implications of this review architecture for public trust, access to justice, court utilisation and democratic legitimacy. Comparative analysis is undertaken across Australia, the United Kingdom, New Zealand and Canada. This publication is intended to support discussion regarding administrative review design, procedural fairness and the future development of proportionate dispute resolution mechanisms for low-value regulatory matters.

Zenodo (CERN European Organization for Nuclear Research)
Peace, Justice and strong institutions
Openalex Percentile: Top 3%
Ombudsman and Human Rights
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