LAW 2504 Final: Admin Law Notes and Study Guide
Document Summary
Merits review: what are the decisions made, who is the decision maker, what is the source of the power for original decision, specific section, internal merits review available, pursue this first. If not external to aat: external merits review to aat under s39j, decision, formalities/limitations/timing, standing, reasons, arguments on merits for overturning, remedy, appeal. Facts/law as they were at the time of the review original decision. No onus on either party to prove the remitted to original decision-maker. Onus on applicant to prove the wrongness decision was wrong/right of the original decision. 3: the relevant interests" need not be pecuniary or even specific legal rights, but must be immediately and directly affected by the decision under review (re. Esber v commonwealth (1992): it may be implied in statute that the tribunal must assess the facts as at the date of the original decision.
