LAW 1504 Lecture 6: AVENUES-OF-REVIEW
18 Sep 2018
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Document Summary
Avenues of review (only based on commonwealth based questions, will not ask anything to do with state/ sa. Legally allowed to this right of review? s5(1)(a) ombudsman shall investigate action that relates to a matter of administration (ombudsman act 1976 cth) The matter has to be in relation to administration and not policy according to (booth v dillon) The provisions of funds and determining where the prisoners were to sleep was a matter of policy and not administration (how to deal with the prisoner after the assault is administration) Administration: the management of public affairs/ the process of an activity. Law regarding the application of the policy/regulations and laws. Policy: a course or legal principal of action adopted or proposed by the government (law/regulation making, eg allocation of funds, setting of procedure) Exceptions: s5(cid:894)2(cid:895)(cid:894)a(cid:895) the o(cid:373)(cid:271)uds(cid:373)a(cid:374)"s is (cid:374)ot authorized to i(cid:374)(cid:448)estigate a(cid:272)tio(cid:374) take(cid:374) (cid:271)y a (cid:373)i(cid:374)ister. Exclusions at cth level also for judges, intelligence organisations and public service employment disputes.
