final or operative and determinative at least in a – practical sense of the issue of fact falling for consideration. A decision is substantive in Decision is substantive – nature. It is procedural rather than Conduct is not substantive – reviewing the making of the final decision. Griffith University v Tang Held: Two criteria Made Under Enactment – Decision must expressly or impliedly require or authorized by the enactment The decision itself must confer, alter or affect legal rights or obligations A decision will only be made under ‘enactment’ if both these criteria are met. If Authorized by Statute then decision is made – under enactment otherwise it is not.
final or operative and determinative – at least in a practical sense of the issue of fact falling for consideration. Decision is substantive – A decision is substantive in nature. Conduct is not substantive – It is procedural rather than reviewing the making of the final decision. Griffith University v Tang Held: Made Under Enactment – Two criteria Decision must expressly or impliedly require or authorized by the enactment The decision itself must confer, alter or affect legal rights or obligations A decision will only be made under ‘enactment’ if both these criteria are met. If Authorized by Statute – then decision is made under enactment otherwise it is not.
Administrative_Summary.docx