Australia · Year 3 · Administrative Law
Judicial Review
Jurisdictional error and the constitutional writs.
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Show all 6 questions and answers in this book
1.Which Commonwealth Act provides statutory judicial review?
The Administrative Decisions (Judicial Review) Act 1977 (Cth) (ADJR Act).
ADJR Act 1977 (Cth)
2.Section 75(v) of the Constitution?
Gives the High Court original jurisdiction in matters in which a writ of mandamus, prohibition or an injunction is sought against an officer of the Commonwealth.
Constitution, s 75(v)
3.Plaintiff S157/2002 v Commonwealth (2003) — held?
A privative clause cannot oust the High Court's s 75(v) jurisdiction to review decisions affected by jurisdictional error.
(2003) 211 CLR 476
4.Kirk v Industrial Court of NSW (2010) — held?
State Supreme Courts' supervisory jurisdiction to correct jurisdictional error is constitutionally entrenched and cannot be removed by State legislation.
(2010) 239 CLR 531
5.Kioa v West (1985) — held?
Procedural fairness applies to administrative decisions affecting a person's rights, interests or legitimate expectations, unless clearly excluded by statute.
(1985) 159 CLR 550
6.Minister for Immigration and Citizenship v Li (2013) — held?
Statutory discretions must be exercised reasonably; a decision lacking an evident and intelligible justification can be legally unreasonable.
(2013) 249 CLR 332