JSB171 Lecture Notes - Lecture 1: Determinative, Commonwealth Employment Service, Nba Coach Of The Year Award
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Ground of jr improper exercise accordance with rule or policy. 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 under [5(2)(f) and 6(2)(f) ad(jr) act (cth) or 23(f) jr. Act (qld)] , because decision was made according to a rule or policy. [applicant] would argue that [decision-maker] has gone beyond seeking guidance from governmental policy, and has blindly applied it without considering the merits of the case: british oxygen. The rule will offend the law if it is inconsistent with the scope or purpose of the act or omits certain considerations; changing the way the legislation works: green v daniels. In the present case there is a strong argument that the rule applied is inconsistent with the scope and purpose of.
