Jurisdictional Error For a jurisdictional error, consideration is given to The nature of the error that is made by a decision-maker; and Whether that error negatively impacts on the decision-makers jurisdiction to decide on the matter Errors which are made by a decision-maker must Jurisdictional Errors - Negatively impact on the power/jurisdiction to decide the matter Broad Jurisdictional Errors this is what Australia – uses. Minister for Immigration v Yusuf Narrow Jurisdictional Errors Broadly stated in – and corresponds to ultra Craig v SA ‘narrow vires’ Non-jurisdictional errors Do not negatively impact on his – or her power to ultimately decide Jurisdictional Facts (JF) or which Essential preconditions – ‘conditions precedent’ – must be satisfied before a decision-maker can interpret. Timbarra Protection Coalition Inc v Ross Mining NL Is factual reference in a statute a jurisdictional fact ? Must exist in fact Objectivity - The legislature intends that Essentiality - the absence or presence of the fact will invalidate the action under the statute Did Parliament intend for the decision-maker? - If parliament Existence or non-existence of fact intended that the factual reference in the statute can only be satisfied by the actual existence (or of the fact then the Court may inquire and – determine the or non-existence of ‘actual existence’ those facts. The decision-maker could determine the Authoritative – existence or non-existence of a factual reference, then a Court in judicial review can review whether the facts used are but cannot ‘reasonable’ (Wednesbury) determine the facts. Such words (i.e. Mental state of decision-maker – or against a jurisdictional ‘belief’ ‘opinion’) conclude fact.
Jurisdictional Error For a jurisdictional error, consideration is given to The nature of the error that is made by a decision-maker; and Whether that error negatively impacts on the decision-makers jurisdiction to decide on the matter Errors which are made by a decision-maker must Jurisdictional Errors - Negatively impact on the power/jurisdiction to decide the matter Broad Jurisdictional Errors – this is what Australia uses. Minister for Immigration v Yusuf Narrow Jurisdictional Errors – Broadly stated in Craig v SA and corresponds to ‘narrow ultra vires’ Non-jurisdictional errors – Do not negatively impact on his or her power to ultimately decide Jurisdictional Facts (JF) Essential preconditions – or ‘conditions precedent’ – which must be satisfied before a decision-maker can interpret. Timbarra Protection Coalition Inc v Ross Mining NL Is factual reference in a statute a jurisdictional fact ? Objectivity - Must exist in fact Essentiality - The legislature intends that the absence or presence of the fact will invalidate the action under the statute Did Parliament intend for the decision-maker? Existence or non-existence of fact - If parliament intended that the factual reference in the statute can only be satisfied by the actual existence (or of the fact – then the Court may inquire and determine the ‘actual existence’ or non-existence of those facts. Authoritative – The decision-maker could determine the existence or non-existence of a factual reference, then a Court in judicial review can review whether the facts used are ‘reasonable’ (Wednesbury) but cannot determine the facts. Mental state of decision-maker – Such words (i.e. ‘belief’ or ‘opinion’) conclude against a jurisdictional fact.
Administrative_Summary.docx