LLB230 Lecture Notes - Lecture 3: Espoo, Nepotism, Administrative Appeals Tribunal
WEEK 3 : Administrative decision making
- formal power made under legislation
oie license to a taxi driver
oregistering a migrant agent
merits review
- merits review is governed by statute -> not common law
- new administrative decision maker will look at the merits
- don’t look at new information
oonly takes into account what the original decision maker had before him
De Novo review
- decision is made ‘anew’
-Re Greenham
oIncorrect evaluation
- AAT; need to take into account all the facts, asa tribunal should not be restricted
-Drake v Minister for immigration (1979)
-Shi v Migration Agents Registration Authority
oCannot be restricted on just the information before the original decision
maker
o‘correct’ decision making – best decision to make on the law
opreferable decision is allowing discretion when there’s multiple correct
Re Visa – what the idea of preferable
- permanent values of the community
- avoid ‘fashionable’ ideas
Change in administration (ie change in policy) outlook
- change in the facts
- change in the law – law that will apply is the law before the tribunal
oesber v commonwealth
- if someone accrued those rights by the previous act then they retain those rights
- tribunal; can they determine whether the decision was made lawfully
Collector of customs (NSW) v Brian Lawlor (1979)
- if you don’t have the power to make decision then there’s no decision ie nullity
- tribunal can’t review no-decisions if D-maker honestly believed they had the
power,
otoo subjective
otribunal has to be flexible justice
oare able to decide if a decision is lawfully made
- can review a decision if it was applied correctly but decision was not
How is review carried out?
- review of decision made internally
- more snu staff
external review
- land and environment court
what is suitable for merits review
- decision affecting an individual
Administrative tribunals
- NSW Civil and Administrative Tribunal
find more resources at oneclass.com
find more resources at oneclass.com
Document Summary
: administrative decision making formal power made under legislation: ie license to a taxi driver, registering a migrant agent merits review. Merits review is governed by statute -> not common law new administrative decision maker will look at the merits don"t look at new information: only takes into account what the original decision maker had before him. Aat; need to take into account all the facts, asa tribunal should not be restricted. Shi v migration agents registration authority: cannot be restricted on just the information before the original decision maker, correct" decision making best decision to make on the law, preferable decision is allowing discretion when there"s multiple correct. Re visa what the idea of preferable permanent values of the community avoid fashionable" ideas. How is review carried out? review of decision made internally. More snu staff external review land and environment court what is suitable for merits review decision affecting an individual.
