Resources & Guidance
Educational materials and resources to help understand discretionary powers and their proper application
Featured Resources
Key materials to help you understand and navigate discretionary powers
Downloadable Materials
Access and download important forms, templates, and reference documents
Legislation Overview
A comprehensive overview of legislation relevant to discretionary powers.
Download PDF2.3 MB • Updated June 2024
Decision Template
Excel template for documenting and evaluating discretionary decisions.
Download Excel1.5 MB • Updated May 2024
Assessment Form
Form template for assessing the impact and justification of decisions.
Download Word950 KB • Updated July 2024
Resource Kit
Complete resource kit with all forms, templates, and reference guides.
Download ZIP8.7 MB • Updated August 2024
Resource Categories
Browse resources by category to find exactly what you need
Educational Materials
Compliance Guidelines
Training Resources
Key Legislation Timeline
Important legal developments related to discretionary powers
Discretionary Powers Transparency Act
Established the legal framework for tracking and reporting discretionary decisions within government departments.
View Full ActPublic Accountability Amendment
Expanded reporting requirements and introduced mandatory review processes for certain categories of discretionary decisions.
View AmendmentDigital Governance Standards
Set technical requirements for digital systems used in tracking and reporting discretionary powers.
View StandardsFreedom of Information Extension
Enhanced public access provisions for discretionary decision records while protecting sensitive information.
View ExtensionGlossary of Terms
Definitions of key terminology related to discretionary powers
Discretionary Power
Authority granted to a government official or body to make decisions based on their judgment and assessment rather than following strict rules or formulas.
Enabling Legislation
The law that grants authority to exercise discretionary powers, setting out the scope and limits of that authority.
Procedural Fairness
The requirement that decisions be made in a fair and unbiased manner, with affected parties given adequate notice and opportunity to be heard.
Judicial Review
The process by which courts examine the decisions of administrative or executive bodies for legality and procedural correctness.
Natural Justice
The legal principle requiring fairness in administrative decision-making, including the right to a fair hearing and absence of bias.
Ultra Vires
When a decision-maker acts beyond the scope of their authority as defined by the enabling legislation.
Statement of Reasons
A document that explains the rationale and justification for a discretionary decision, including the facts considered and how they were weighed.
Fettering Discretion
The improper limitation of discretionary powers by rigidly following policy or guidelines without considering the individual merits of each case.
Frequently Asked Questions
Find answers to common questions about the Discretionary Powers Tracker
Discretionary powers are authorities granted to government officials that allow them to make decisions based on their judgment and assessment of circumstances, rather than following strict rules or formulas. These powers provide flexibility in applying laws and regulations to individual cases.
The Discretionary Powers Tracker helps ensure these powers are exercised transparently, with proper documentation and justification.
Documenting a discretionary decision involves several key steps:
- Log into the system and create a new submission
- Provide details about the discretionary power being exercised
- Record the decision made and its effective date
- Document the reasoning and justification for the decision
- Upload any supporting documentation
- Submit for review (if required by your department's workflow)
For detailed guidance, refer to the Decision Documentation Guide or watch our instructional video.
Discretionary decisions must comply with several legal requirements:
- They must be made within the scope of authority granted by legislation
- They must be made fairly and without bias
- They must consider relevant factors and disregard irrelevant ones
- They must be reasonable and proportionate
- They must be properly documented with clear reasoning
- They must respect principles of natural justice
The Discretionary Powers Tracker helps ensure compliance with these requirements through structured documentation and review processes.
We offer several training options for users of the Discretionary Powers Tracker:
- Online video tutorials - Available anytime in the Training Resources section
- Live webinars - Scheduled monthly with Q&A sessions
- In-person workshops - Arranged quarterly at departmental locations
- One-on-one training - Available by request for specialized needs
To register for upcoming training sessions, visit the Workshops & Events page or contact our training coordinator at training@discretionarypowers.gov.
The Discretionary Powers Tracker promotes transparency by providing public access to information about discretionary decisions through several channels:
- The Public Search feature on our website allows citizens to search for and view summary information about decisions
- Monthly summary reports are published in the Reports section
- Annual transparency reports provide comprehensive statistics and analysis
Note that some sensitive information may be redacted in accordance with privacy laws and security protocols.
Need More Help?
Our team is available to answer any questions you may have about discretionary powers or using the system