JSB171 Lecture Notes - Lecture 1: Determinative, Harry Gibbs, Ansett Australia
Document Summary
Ground of jr improper exercise at the direction or behest of another. Here it is necessary to examine the following grounds: Considering each (in particular consider irrelevant & relevant considerations) Improper exercise of power (copied in other sections only mention once) [applicant] may seek to establish statutory ground of review of acting under dictation pursuant to [5(2)(e) and 6(2)(e) Ad(jr) act (cth) or 23(e) jr act (qld)] , because [decision-maker] has given effect to the direction of the [other party]: direction / behest: Behest requires something more than a request and is more likely to be in a nature of a command or direction: telstra. In the ministerial context, authority in favour of decision makers being able to take account of government policy or ministerial direction, and in some circumstances bound to follow it: ansett; r v anderson. Although will depend on the statutory context (i. e. statutory involvement of minister in decision-making process): r v.
