Improper Purpose and Bad Faith Administrative decision-makers can only exercise their powers for the purposes for which they were conferred in good faith. Cannot exercise powers for: Unauthorised or improper purposes In bad faith; or Fraudulently Determining whether this ground is established Ascertain for what purpose the administrative power can lawfully be the question of law determined by construing the statute; exercised – Ascertain for what purpose (or purposes) the administrative - the question of fact maker actually did exercise the power determined by the available evidence and inferences made from that evidence Assess whether the administrative decision-maker’s actual purpose or - the question to purposes are in accordance with the lawful purpose be determined by applying the facts to the law). If the administrative decision-maker had multiple purposes (some requires a consideration of whether the improper but others lawful) – improper purposes were substantial purposes Statutory ADJR Act: - Section 5(1)(e) with s 5(2)(c) (for decisions) and s Improper Purpose 6(1)(e) with s 6(2)(c) (for conduct) allows a challenge on the ground that the power was exercised for a purpose other than a administrator’s purpose for which the power was conferred. that the making of the decision was an improper S5(1)(e) – exercise of the power conferred by the enactment in pursuance of which it was purported to be made an exercise of a power for a purpose other than a S5(2)(c) – purpose for which the power is conferred the making of the proposed decision would be an S6(1)(e) – improper exercise of the power conferred by the enactment in pursuance of which the decision is proposed to be made. an exercise of a power for a purpose other than a S6(2)(c) – purpose for which the power is conferred.
Improper Purpose and Bad Faith Administrative decision-makers can only exercise their powers for the purposes for which they were conferred in good faith. Cannot exercise powers for: Unauthorised or improper purposes In bad faith; or Fraudulently Determining whether this ground is established Ascertain for what purpose the administrative power can lawfully be exercised – the question of law determined by construing the statute; Ascertain for what purpose (or purposes) the administrative actually did exercise the power - the question of fact determined by the available evidence and inferences made from that evidence Assess whether the administrative decision-maker’s actual purpose or purposes are in accordance with the lawful purpose - the question to be determined by applying the facts to the law). If the administrative decision-maker had multiple purposes (some improper but others lawful) – requires a consideration of whether the improper purposes were substantial purposes Statutory ADJR Act: Improper Purpose - Section 5(1)(e) with s 5(2)(c) (for decisions) and s 6(1)(e) with s 6(2)(c) (for conduct) allows a challenge on the ground that the administrator’s power was exercised for a purpose other than a purpose for which the power was conferred. S5(1)(e) – that the making of the decision was an improper exercise of the power conferred by the enactment in pursuance of which it was purported to be made S5(2)(c) – an exercise of a power for a purpose other than a purpose for which the power is conferred S6(1)(e) – the making of the proposed decision would be an improper exercise of the power conferred by the enactment in pursuance of which the decision is proposed to be made. S6(2)(c) – an exercise of a power for a purpose other than a purpose for which the power is conferred. maker