(a) & (b), the consultation requirements, are pre-conditions. Once satisfied, the heart of the matter is
(c): whether the issue will be in the public interest.
Condition (a) [a subjective requirement]
B argues that the AAT shou
SOURCES OF REVIEW JURISDICTION
Invoke which source of review jurisdiction? Possible
avenues of review:
State decisions can be reviewed by:
State Supreme Court (r98 Supreme Ct Rules).
Cth decisions can be reviewed by:
High Court (s 75 Constitution);
(12) PRIVATIVE CLAUSES & CROWN IMMUNITY
Examples of what can/cannot be protected by privative clauses
Privative clause = legislative provision intended to exclude
judicial review, in whole or in part.
They bring the Parliament and Cour
(11) JURISDICTIONAL ERROR
Jurisdictional error in Australia
Jurisdictional error is relevant where the decision-maker
under review is an inferior court or admin tribunal [ie. a
Craig v SA accepts that some errors of law made after the
(10) ULTRA VIRES PRESERVATION OF DISCRETION
Acting under dictation (ss 5(2)(e) & 6(2)(e)
PRESERVATION OF DISCRETION
These are rules which relate to the agent who is exercising the
Broad principle: If Parliament has conferred a discr
(9) ULTRA VIRES ABUSE OF DISCRETION
Ultra vires means beyond power. Administrator has no power
to take that action.
ABUSE OF DISCRETION
Ultra vires doctrine: An administrator must act within the
These are rules which relate to the manner in which a
(7) & (8) PROCEDURAL FAIRNESS
Rights, interests or legitimate interests
NATURE OF PROCEDURAL FAIRNESS
Rules of procedural fairness regulate actual conduct of the
decision-maker, while other grounds of judicial review (eg.
irrelevant consideration, act fo
(6) BARRIERS TO ACCESS: JUSTICIABILITY & STANDING
Justiciability = suitability of an exercise of Executive power
for judicial review.
If non-justiciable, court wont even review legalities.
It is a limit to the rule of law,
(5) PRECONDITIONS TO POWER & FACTS/LAW DISTINCTION
What is the meaning of ordinary words in a statute?
The facts/law distinction is due to the separation of powers:
Marbury v Madison: Constitutionally, only courts can
(4) MERITS REVIEW & THE AAT
Certiorari (to quash a procedurally flawed decision),
Legality/Merits Distinction (based on SOP)
prohibition (to prevent making of a procedurally flawed
decision) & mandamus (to compel a procedurally proper
Executive makes su
(3) LAW, POLICY & DISCRETION
Tension between Executive & Court
Discretion is a choice given to Executive decision-makers
as to the way they exercise power.
Advantage: Provides flexibility to achieve the best
decision in an individual case.
(2) CONSTITUTIONAL FRAMEWORK OF ADMINISTRATIVE LAW
Administrative law is precisely about the courts control of the
The Executives job is to carry out the governments
executive, and the proper level of such control (ie. the
business, by exercising powers
(1) SCOPE OF ADMINISTRATIVE LAW
In theory, Ministers are responsible to Parliament. But in
practice, it is impossible for Ministers to adequately supervise
WHAT IS PUBLIC LAW?
all that is done by bodies they are responsible for.
Private law is character