Week 7 Video 5: Administrative Law Course

Grounds for Review Recap

• Error of Law: Decision invalid if based on a legal mistake.
• Relevant/Irrelevant Evidence: Decision invalid if relevant evidence is ignored or irrelevant evidence is considered.
• No Evidence: Decision invalid if key fact has no supporting evidence.
• Improper Purpose: Decision invalid if power is used for the wrong purpose.
• Discretionary Decisions: Invalid if made in bad faith, at someone else's behest, or as inflexible application of policy.
• Wednesbury Unreasonableness: Decision invalid if it's so unreasonable no reasonable decision maker could have made it.
• Uncertainty: Decision invalid if the result of exercising the power is uncertain.

Wednesbury Unreasonableness

• Distinction: Legal review vs. merits review.
  • Legal Review: Checks if decision is made according to rules.
  • Merits Review: Assesses if decision is good or bad.
• Error of Law: Can occur if the decision is so bad it suggests error in the decision-making process.
• Wednesbury Case: A decision is bad in law if it's so unreasonable that no reasonable person could have made it.
  • ADJR Act: Reflects similar language (Section 52g).
• Examples: Must be extreme (e.g., rejecting an application just because it's Friday).
• High Court Case (Ishitu): Strong disagreement with reasoning isn't enough; must be a flaw in logic.
• Practical Note: Rare in practice; internal reviews likely resolve such cases before reaching court.

Uncertainty in Decisions

• Section 52h of ADJR Act: Invalid if exercise of power results in uncertainty.
• Meaning in Law: Something is uncertain if no reasonable meaning can be attached or if crucial aspect is left out.
• Example: Fishing license without a specified area is uncertain.
• Case Study (Ballarat Broadcasters vs. Australian Broadcasting Tribunal):
  • Tribunal's decision on broadcasting new Australian music was unclear and led to uncertainty.
  • Court's Summary: Decision must be clear to understand obligations of parties involved.

Summary of Grounds for Review

• Decisions invalid if:
  • Natural justice is not given to affected parties.
  • Not authorized by an enactment.
  • Made by the wrong person.
  • Precondition for decision-making power does not exist.
  • There is an error of law or no evidence of a key fact.
  • Relevant evidence ignored or irrelevant evidence considered.
  • Made for improper purposes.
  • Made in bad faith, at someone else's behest, or inflexibly applying policy.
  • So unreasonable that no reasonable person could make it.
  • Resulting in uncertainty.

Next Week

• Looking at remedies under common law, equity, and the ADJR Act.

Closing

• Week 7 videos are crucial; recommended to rewatch them.
• Moving forward to remedies next week. Congrats on finishing week 7!