LLB230 Lecture Notes - Lecture 5: Administrative Appeals Tribunal, Natural Justice, Public Participation
Applying the Public Interest Test
1. Is the document a ‘conditionally exempt’ document - look to s 47
2. Identify specific harm threshold eg. ‘substantial adverse effect’ - s47 look to the
specific provision for the harm threshold
3. Identify factors favouring disclosure - objects of the act
4. Identify factors against disclosure
5. Ensure that no irrelevant factors are considered
6. Weigh the relevant factors to determine where the public interest lies
Avenues for Review
1. Internal Reviews (optional); and or
2. External Review: Information Commissioner (no hearing)
3. External Review: Administrative Appeals Tribunal (hearing) - merits review
4. S 41 on a question of law, to Judicial Review
Giving Reasons
Rationale
Public participation in policy formation
Individual interest in administrative decisions
Public Confidence (justice seen to be done)
Transparency
Encourages better decision-making and intellectual discipline
Assists in making appeals
Understanding the basis for the decision
Judicial accountability
Future directions of law
Natural Justice
Statutory Duty to Give Reasons
AAT Act - s28
Applies only to decisions appealed within 28 days
‘Findings of material questions of fact, referring to evidence or other material on
which those findings were based and giving the reasons for the decision s 28(1)
oException - Security Appeals Division s28(1AAA)
oRefusals of give reasons s28(1A)
oPublic Interest Certificate by A-G to exclude listed matter s28(2)
oATT may review Public Interest Certificate s36
oATT may review adequacy of the reason given s37
Content of a Reasons Statement
Intelligible
Deals with the substantial points raised
Addresses material facts
Contains evidence
Outlines the actual reasons for the decision, logically
Wingfoot A need to give reasons that are relevant to the scope of individual cases-
nature and function of the body and objectives the applicable Act
Clear enough to find an error of law
Common Law Duty to give Reasons
Osmond - Where there is no statutory duty, except in special or exceptional
circumstance
oContrary legislative intention
oProcedural fairness
find more resources at oneclass.com
find more resources at oneclass.com
