- Information
- AI Chat
Was this document helpful?
Yess - nursing
Course: Foundations of Nursing Practice 2 (NURS11154)
10 Documents
Students shared 10 documents in this course
University: Central Queensland University
Was this document helpful?
Question 1) Advise Lister whether he is able to seek to invalidate Mr Arnold Rimmer’s decision under
the Administrative Decisions (Judicial Review) Act 1977 (Cth). In your answer, consider all applicable
grounds, any issues or barriers to arguing these grounds under judicial review, and the relevant
remedies.
Step 1 Is access to judicial review available in relation to the decision-maker and the particular
action they have taken?
Decision
The ADJRA is used in the following scenario because its commonwealth (CTH). Reviewable decision is
one for which a provision is made by or under statute. That will generally, but not always, entail a
decision which is final or operative and determinative.1Interim decisions are not normally reviewable
unless the Act provides for it. Other interim findings can be challenged only by reviewing the
ultimate decision which relies upon them. The decision made by Arnold Rimmer was made under the
intergalactic mining Act and is a final decision so the element of decision is satisfied.
What about the decision not being reviwable?
Administrative Character
Refers to the nature of the decision, not the decision-maker.2 Courts assume that if the relevant
action is neither judicial nor legislative, then it is administrative. The decision made by Mr Rimmer
was not legislative in character because the decision was made about an individual not a group of
people that doesn’t effect the act. The decision was not judicial in character because the decision is
not interpreting the law, the decision was made about an individual not a group of people which
makes it administrative in character which makes this elements satisfied.
Under Enactment
Under enactment is stated under S3(1) of the ADJRA and is defined as ‘Enactment’: Act or an
instrument (including rules, regulations or by-laws) made under an Act. requires a link between the
decision to be reviewed and a power conferred by an enactment to make the decision.3 Under
enactment is asking where the administrative gets its power, Mr Rimmer gets his power from the
Intergalactic Mining Act (CTH) s 22 4 (C) which states that he has the authority to discontinue crew
members if they do not satisfy his/the required standard. The element of enactment has been
satisfied as Mr Rimmer had authority from the act and the decision itself alters and effects Mr
Lister’s legal rights and obligations.
Conclusion for step 1: access to judicial review is available in relation to the decision-maker and the
particular action they have taken.
1 ABT v Bond (1990) HCA.
2 Griffith University v Tang (2005) 221 CLR 99
3 Ibid.