Essay on Administrative Law - Judicial Review

8810 Words Apr 16th, 2013 36 Pages
Week Two

THE FEDERAL SYSTEM OF JUDICIAL REVIEW

• If you want to challenge a decision made by a Cth statutory body, e.g. the Australian Electoral Commission of the Australian Taxation Office, you must turn to the federal system of judicial review. • The HC was given original jurisdiction by s.75 of the Cth Constitution to judicially review (to issue writs) decisions made by officers of the Cth. However, it is not easy to get to the HC – it reserves itself for important decisions. • The Federal Ct was created in 1976 to relieve the workload of the HC and today nearly all judicial review applications go firstly to the Fed Ct.

THERE ARE TWO WAYS OF GOING TO THE FEDERAL CRT:
1. Common law jurisdiction (given to it by s.39B
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He went through a committal hearing before a magistrate. But before the committal was over, he sought to challenge the decision through the ADJR Act. - The decisions that he was seeking to challenge were the steps the magistrate takes when working through the committal process. The magistrate had refused request by Dr Moss to call witnesses for further cross-examination. In his Fed Ct ADJR application, he said that was a “decision” which he could review. - Could they be reviewed?
Held:
- The full Fed Ct said that “decision” was not limited to decisions that finally and conclusively determined the issue. They said that this Act was meant as a remedial statute and should be interpreted liberally – it should allow JR of interim steps as well as a final decision. - But the problem arises with the decision of this case, what’s the difference b/w s.5 and s.6. If you say that “decision” includes interim steps, the thinking processes of a person about to reach a decision, then what is s.6 supposed to cover? - The relevant law that is still applicable from this case is the decision to commit for trial - Decisions of an administrative character.

Australian Broadcasting Tribunal v. Bond

- The HC settled the matter about “decision” in this case. - This case concerned an attempt by Bond to Judicially Review actions taken by the ABT. - The ABT was conducting a hearing to

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