Law Notes Administrative Law Notes
A 197 page summarised bible of administrative law notes including detailed case and materials summaries, super summaries and flow charts intended for exam use. Structure of the summarised bible is as follows:
Class 1 - Accountability in an administrative state
Class 2 - Legality, Rules, Discretion & Policy
Class 3 - Statutory Interpretation and the Ombudsman
Class 4 - Subordinate Legislation
Class 5 - "Reasons for Decision"'; Freedom of Information
Class 6-8: Merits Review
Class 9: Stand...
The following is a more accessible plain text extract of the PDF sample above, taken from our Administrative Law Notes. Due to the challenges of extracting text from PDFs, it will have odd formatting:
Merits Review – Internal review (IR)
Advantages | Disadvantages | Important case Law | General Principles |
---|---|---|---|
Quick Inexpensive Relatively simple | * Lack of criteria for reviewability * Absence of formal imperative * Doubts as to when it may be conducted * Risk of perception by public of lack of impartiality * Prevent speedy resolution by external body * Can be confusing in certain circs were it adds another layer to the processs | Re Taxation Appeals – officer conducting IR subject to same statutory criteria and legislative limitations as primary DM but can take into account new evidence that has arisen Bhardwaj – internal review decision can be reconsidered if no valid decision made due to jurisdictional error | Schemes established by executive action Re Uniway - Confirmation of earlier decision is not de-facto internal review – must be a regular practice instituted before it is recognized |
Accountability Mechanisms
Political Accountability | Financial Accountability |
---|---|
Can make use of the ‘transmission belt’ process of parliament – namely the Minister’s accountability to the electorate by:
| Approach an MP who is part of the Joint Committee of Public Accounts and Audit; s10 of the Auditor-General Act allows them to make schemes a priority for the A-G to consider |
Human Rights Bodies – none can make a binding declaration (except in the States)
Bring it up with the AHRC – they have jurisdiction over discrimination on the basis of sex, marital status, race, colour, age and other things
Raise it with specialist Commissioners:
Human Rights Commissioner under the HREOC Act
Sex Discrimination Commissioner (Sex Discrimination Act)
Race Discrimination Commissioner (Racial Discrimination Act)
Disability Discrimination Commissioner (Disability Discrimination Act)
Age Discrimination Act – no commissioner but the commission performs the functions (in practice the Sex Discrimination Commissioner performs the function)
Privacy Commissioner – Privacy Amendment (Office of the Privacy Commissioner) Act – receives complaints against government agencies
In emergency refer to 281-282 – the HREOC Act; the rights which are protected and the process
Ombudsman
Advantages | Disadvantages/Limitations | Powers/Procedure | Notes |
---|---|---|---|
* Good to address systemic problems *Despite lack of determinative powers it is considered authoritative | Disadvantages: * It’s a long road and takes time * No determinative powers – if new decision /invalidation is what the person seeks, no point * May exercise its discretion not to investigate (s6) if:
Limitations – s5 cannot investigate
But does extend to departments of the public service |
If it investigates the action (s5):
| Noticeable shifts in the work of the ombudsman
|
General Principles
Statutory Interpretation |
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Other factors
|
Buy the full version of these notes or essay plans and more in our Administrative Law Notes.
A 197 page summarised bible of administrative law notes including detailed case and materials summaries, super summaries and flow charts intended for exam use. Structure of the summarised bible is as follows:
Class 1 - Accountability in an administrative state
Class 2 - Legality, Rules, Discretion & Policy
Class 3 - Statutory Interpretation and the Ombudsman
Class 4 - Subordinate Legislation
Class 5 - "Reasons for Decision"'; Freedom of Information
Class 6-8: Merits Review
Class 9: Stand...
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