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Administration Law Guidebook


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Table of Contents

Preface Acknowledgments 1. Introduction The scope, nature and content of administrative law The meaning of the word 'administrative' Development of administrative law Judicial review 'Red light' and 'green light' approaches Conclusion 2. Subordinate Legislation Introduction Proliferation of subordinate legislation Making, publication and commencement of statutory rules Parliamentary review of statutory rules Senate Standing Committee for the Scrutiny of Bills-Commonwealth Legislative Instruments Act 2003 (Cth) Changes to the Legislative Instruments Act 2003 (Cth) Senate Standing Committee on Regulations and Ordinances-Commonwealth Judicial review of subordinate legislation Invalidity of subordinate legislation The regulation/prohibition distinction 'As if enacted' clauses Severance Recent developments 3. Merits Review and Tribunals Introduction Merits review What is a tribunal? Nature and variety of tribunals-merits review and civil claims Types of tribunals Diversity of tribunals The onus of proof Evidence in tribunals Tribunals and policy The inquisitorial approach Future amalgamation of tribunals Refugee law amendments 4. Procedural Fairness Introduction Rules of procedural fairness Implication principle Legitimate expectations Hearing rule Bias rule 'Real likelihood' or 'reasonable apprehension' 'No evidence' rule 'Duty' to initiate inquiries Recent research findings 5. The Administrative Appeals Tribunal Introduction Legal status and jurisdiction of the Tribunal Organisation Case management process Merits review Meaning of 'decision' Role and functions of the Tribunal Consideration of policy by the Tribunal Applications for review Consideration and determination of applications Decision-making powers of the Tribunal Reasons for decisions Appeals from the Tribunal Streamlined arrangements for external merits review 6. Ultra Vires Introduction Simple ultra vires Extended ultra vires 7. The Administrative Decisions (Judicial Review) Act 1977 Introduction Jurisdiction Judicial review under the ADJR Act Grounds for review Standing Reasons for decision 8. Jurisdictional Error and Privative ClausesIntroduction Ultra vires and jurisdictional error Errors of law and errors of fact Errors in fact-finding Traditional jurisdictional error Error of law on the face of the record Extended jurisdictional error

About the Author

Francisco Esparraga is a Senior Lecturer in Law at the University of Notre Dame. Dr Ian Ellis-Jones is a lawyer and lecturer at the New South Wales Institute of Psychiatry

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