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Four Types OF DISCRETION 23 May 2012 Seminar Series University of Western Sydney PowerPoint PPT Presentation


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Vijaya Nagarajan Macquarie Law School Macquarie University . Four Types OF DISCRETION 23 May 2012 Seminar Series University of Western Sydney . Overview. Discretion legal and socio/political meanings Constraints Case Study - ACCC, the Authorisation Process and Discretion

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Four Types OF DISCRETION 23 May 2012 Seminar Series University of Western Sydney

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Vijaya nagarajan macquarie law school macquarie university

Vijaya Nagarajan

Macquarie Law School

Macquarie University

Four Types OF DISCRETION 23 May 2012 Seminar Series University of Western Sydney


Overview

Overview

  • Discretion

    • legal and socio/political meanings

    • Constraints

  • Case Study - ACCC, the Authorisation Process and Discretion

  • Four Types of Discretion

    • Epistemological

    • Procedural

    • Outcome weighing

    • Immunity

  • Your comments


  • The tube of toothpaste analogy

    The tube of toothpaste analogy


    Constraints on discretion

    Constraints on Discretion


    The accc authorisation discretion

    The ACCC Authorisation & Discretion

    • Competition Policy

    • Authorisations

    • Public Benefit outweighs public detriment

    • Public Benefit - involves discretion


    Four types of discretion

    Four Types of Discretion

    • Epistemological

    • Procedural

    • Outcome weighing

    • Immunity


    Epistemological discretion

    Epistemological Discretion

    • Quantification of Public Benefits and its place

    • Measuring Public Benefits

      • Total welfare

      • Consumer welfare

      • Price Standard

      • Balancing Weights


    Procedural discretion

    Procedural Discretion

    Industry Groups’ Submissions


    Procedural discretion continued

    Procedural Discretion continued


    Procedural discretion continued1

    Procedural Discretion continued

    Pre Decision Conferences

    • Fairness

    • Bias

    • Consistency

    • Representation

    • Restorative justice


    Outcome weighing discretion

    Outcome Weighing Discretion

    Conditions Power

    “Does not mean that there is an unconfined discretion to impose whatever conditions the ACCC ...considers appropriate”

    ACT in Medicines Authorisation (2003)


    Immunity discretion

    Immunity Discretion

    • Guide to Authorisations to give information

    • Consultations to increase familiarity

    • Conferences at industry forums to gain commitment

    • Periods of grace from prosecution


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