Week 8 Lecture: Remedies in Administrative Law

Introduction

• Focus on remedies in administrative law.
• Ensuring courts can address errors in administrative decisions.
• First video covered: Mandamus, prohibition, injunction, and declaration.
• Certiorari, habeas corpus, and quo warranto were also mentioned but are not actual remedies.

ADJR Act Remedies

• Set out in Section 16 of the ADJR Act.
• Three main subsections, each providing different types of remedies.

Subsection 1a: Quash or Set Aside a Decision

• Court can annul or void a decision or part of it.
  • Effective from the date of the decision or a later date.
• Effects:
  • If the decision was a rejection (e.g., applying for a passport): Quashing allows for reconsideration.
  • If the decision imposes a burden (e.g., import duty): Quashing removes the burden immediately.
• Key Case:
  • Watt Master challenged import duty quashing. Burden (duty) instantly disappeared.

Subsection 1b: Refer Decision Back to Original Decision Maker

• Court can send the decision back for reconsideration with specific directions.
  • Useful if some process wasn't followed (e.g., missing relevant evidence).
• Key Case:
  • Minister for Immigration and Cunningham: Decision on visas for a singing group referred back due to process issues.

Subsection 1c: Declare Rights of Parties

• Similar to the equitable remedy of declaration.
• Key Case:
  • Park Oh Ho against the Minister for Immigration: High court declared detainment for witness purposes unlawful (improper purpose).

Subsection 1d: Order Actions or Prohibitions

• Court can order a party to do or refrain from doing something.
  • Similar to mandamus and prohibition or injunction.
• Key Case:
  • Cenron and Lan: Court directed issuing of a license for a pharmacy due to agreed facts.

Subsection 3c: Order Decision to be Made

• Court can order the failure to make a decision to be rectified.

Section 15: Stay of Decisions

• Court can suspend the operation of a decision being reviewed.
  • Prevents ongoing effects until the final decision is made.
• Conditions:
  • Must raise a real, substantive issue.
  • Consideration of potential damage to parties.
• Key Case:
  • Hell's Angels Case: Tax collection stayed pending challenge.

Conclusion

• Summary of remedies discussed:
  • General Law Remedies: Mandamus, prohibition, injunction, declaration.
  • ADJR Remedies: Quash decisions, remit decisions, declare rights, order actions/prohibitors, order decision to be made, stay a decision.
• Next week: Focus on merits of the decision rather than legality.

See you next week.