What are the Rights to have a Merits Review? Common Law Considerations There is no general law right to have an administrative decision reviewed on a merits basis. There must be express statutory power conferred on a person-tribunal to conduct such a review. The decision challenged must have been made under an enactment which allows a person-tribunal to conduct a merits review. AAT Act 1975 (Cth) Does the Act have Jurisdiction? - Allows a Statute to Made in the Exercise of Power - S25(1)(a) provide a review of decision to the AAT for an exercise of power of such an Statute. (i.e. decision executed) Allows the Tribunal to Applications made to it - S25(4) – review of any application which is made too it. any decision Limiting Review Power: S25(3)(a) and (3)(b) The Certain Types of Decisions - – statute may confer power on the AAT to review only certain types of decisions made under the Statute. s25(3)(c) Impose Conditions on Review – What is the meaning of under AAT? “decision” S3(3) of the AAT Act 1975 (Cth) Unless the contrary intention appears, a reference in this Act to a decision includes a reference to: making, suspending, revoking or refusing to make an order or determination; giving, suspending, revoking or refusing to give a certificate, direction, approval, consent or permission issuing, suspending, revoking or refusing to issue a licence, authority or other instrument; imposing a condition or restriction; making a declaration, demand or requirement; retaining, or refusing to deliver up, an article; or doing or refusing to do any other act or thing Common Law Considerations Collector of Customs v Brian Lawlor Automotive Held: under AAT 3(3), a ‘Decision’ means, decision in fact so made S25 Means purported exercise of – powers conferred by the Statute.
What are the Rights to have a Merits Review? Common Law Considerations There is no general law right to have an administrative decision reviewed on a merits basis. There must be express statutory power conferred on a person-tribunal to conduct such a review. The decision challenged must have been made under an enactment which allows a person-tribunal to conduct a merits review. AAT Act 1975 (Cth) Does the Act have Jurisdiction? Made in the Exercise of Power - S25(1)(a) - Allows a Statute to provide a review of decision to the AAT for an exercise of power of such an Statute. (i.e. decision executed) Applications made to it - S25(4) – Allows the Tribunal to review any decision of any application which is made too it. Limiting Review Power: Certain Types of Decisions - S25(3)(a) and (3)(b) – The statute may confer power on the AAT to review only certain types of decisions made under the Statute. Impose Conditions on Review – s25(3)(c) What is the meaning of “decision” under AAT? S3(3) of the AAT Act 1975 (Cth) Unless the contrary intention appears, a reference in this Act to a decision includes a reference to: making, suspending, revoking or refusing to make an order or determination; giving, suspending, revoking or refusing to give a certificate, direction, approval, consent or permission issuing, suspending, revoking or refusing to issue a licence, authority or other instrument; imposing a condition or restriction; making a declaration, demand or requirement; retaining, or refusing to deliver up, an article; or doing or refusing to do any other act or thing Common Law Considerations Collector of Customs v Brian Lawlor Automotive Held: ‘Decision’ means, under AAT 3(3), a decision in fact so made S25 – Means purported exercise of powers conferred by the Statute.
Administrative_Summary.docx