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70617 (13)

Study Guides for 70617 at University of Technology Sydney

Globalisation in Historical Perspective

70617 Study Guide - Final Guide: Australian Conservation Foundation, Vietnamese Boat People, Division Of Mackellar

GROUNDS RELEVANCY GROUNDS: Decision may be invalid because decisionmaker: (1) Failed to take account of a relevant consideration (2) Took account of an irrelevant consideration Most frequently used grounds of judicial revi...

International Studies
70617
Anthea
70617 Study Guide - Final Guide: Statutory Interpretation

GROUNDS BAD FAITH: DM exercises a power in a way that is corrupt or dishonest or fraudulent. ADJR - S5(1)(e) improper exercise of a power - includes a reference to: - S ...

International Studies
70617
Anthea
70617 Study Guide - Final Guide: City Of Sydney, Northern Land Council, Statutory Interpretation

IMPROPER PURPOSE: A statutory power can only be exercised for an authorised purpose: Brownwells v Ironmongers Wages Board (1950) (HC); Schielske v Min for Imm (1988) (HC). This CL rule is co...

International Studies
70617
Anthea
70617 Study Guide - Final Guide: Ouster Clause, Jurisdictional Error, Appellate Jurisdiction

PRIVATIVE CLAUSES: - A privative clause is a provision in a statute that aims to prevent or restrict judicial review of administrative or other action, even if that action is flawed or illegal. - Cour...

International Studies
70617
Anthea
70617 Study Guide - Final Guide: Ian Callinan, Temporary Protection Visa, Refugee Review Tribunal

GROUNDS INFLEXIBLE POLICIES: Inflexible Policies ties in with relevant considerations, and ultra vires, bias Policy can only be used as guidance they are not a directive. Do not have the same status as legislatio...

International Studies
70617
Anthea
70617 Study Guide - Final Guide: City Of Sydney, Susan Kiefel, Susan Crennan

UNCERTAINTY Common law rule: decisions and regulations made under an Act require a degree of clarity of expression and form so that their meaning is reasonably precise ADJR, ss 5(1)(e) and 5(2)(h): an exercise of a power i...

International Studies
70617
Anthea
70617 Study Guide - Final Guide: Douglas Menzies, Ansett Australia

GROUNDS UNAUTHORISED DELEGATION: Common law rule of delegatus no potest deleger. The person invested with statutory power must exercise the power personally, and cannot delegate their power to others. HOWEVER, this is subj...

International Studies
70617
Anthea
70617 Study Guide - Final Guide: Jurisdictional Error, British American Tobacco

GROUNDS 2. BIAS RULE Actual Basis: Actual bias is a pre-existing state of mind which disables the decision-maker from undertaking, or renders him unwilling to undertake any proper evaluation of the mat...

International Studies
70617
Anthea
70617 Study Guide - Final Guide: Temporary Protection Visa, Refugee Review Tribunal, Jurisdictional Error

GROUNDS PROCEDURAL FAIRNESS Procedural fairness as a ground of review: two main rules. (1) Hearing Rule: (2) Bias Rule Note terminology: procedural fairness = natural justice We not ...

International Studies
70617
Anthea
70617 Final: Judicial Review - Error of law & Jurisdictional Error

GROUNDS ERROR OF LAW A ground of judicial review under ADJR s5(1)(f) Also a ground of review under common law Allows review of jurisdictional and nonjurisdictional error of law. Thus extended jurisdictional error has been ...

International Studies
70617
Anthea
70617 Study Guide - Final Guide: Jurisdictional Error, William Gummow, Sunday Shopping

THRESHOLD ISSUES 2. JUSTICIABILITY There are certain powers that are not justiciable and not able to have judicial review Justiciability refers to the appropriateness of a question for judicial solution Classic examples of...

International Studies
70617
Anthea
70617 Study Guide - Final Guide: Federal Airports Corporation, Griffith University, Determinative

THRESHOLD ISSUES 1. JURISDICTION The High Court, Federal Court and State Supreme Courts can exercise judicial review Other courts (inferior courts) such as Magistrates courts are part of the executive for this purpose Deci...

International Studies
70617
Anthea
70617 Study Guide - Final Guide: Wireless Telegraphy, Wireless Telegraphy Acts, Golden Brown

DELEGATED LEGISLATION, SUBORDINATE LEGISLATION AND LEGISLATIVE INSTRUMENTS Delegated legislation refers to a a legislative instrument made by a body to which (or a person to whom) parliament has delegated the power to legi...

International Studies
70617
Anthea

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