Questions and Answers
What is the initial step to undertake when conducting a merit review in Australian administrative law?
Which Act is central to federal merit reviews in Australia?
Within how many days must an application for review generally be lodged after the decision date?
What does the term 'merit review' primarily involve?
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What can a tribunal do during a merit review based on the outcome?
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Which landmark case confirmed that the reviewing body must weigh all relevant considerations afresh?
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What is required of both parties during the gathering of evidence phase in a merit review?
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What did the High Court state regarding merit review in Re Minister for Immigration and Multicultural Affairs; Ex parte Applicant S20/2002?
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What must the tribunal provide in its decision according to Section 43(2) of the AAT Act?
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What can dissatisfied parties seek in response to a tribunal decision?
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Which of the following statements about judicial review is accurate?
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In the context of the merit review process, what does the reviewing body do?
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In which case did the High Court emphasize the evaluation of legal error in judicial review?
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Which of the following is NOT typically addressed in the tribunal's written decision?
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Study Notes
Merit Review Process in Australian Administrative Law
- Identify the Decision: Determine the administrative decision under review and applicable statutory framework, primarily guided by the Administrative Appeals Tribunal Act 1975 (Cth) (AAT Act).
- Statutory Framework: Section 43 of the AAT Act grants the Tribunal the authority to review decisions "on the merits."
Application for Review
- Submission to Tribunal: Applications must be lodged with the appropriate tribunal, often the Administrative Appeals Tribunal (AAT) at the federal level or equivalent state/territory bodies.
- Time Frame: Applications typically must be made within 28 days of the decision date.
Scope of Merit Review
- Reconsideration of Aspects: Merit review allows the reevaluation of facts, law, and policy.
- Decision Outcomes: The reviewing body can affirm, vary, set aside, or substitute a new decision.
- Landmark Case: Drake v Minister for Immigration and Ethnic Affairs (No. 2) established the necessity for the Tribunal to reassess all relevant considerations.
Evidence and Submissions
- Submissions from Parties: Both parties can present evidence and make written or oral submissions during the review process.
- Evidence Consideration: The tribunal reviews both the original decision-maker's material and any additional evidence submitted.
Review of Decision on the Merits
- Assessment Criteria: The tribunal assesses whether the decision was the "correct or preferable" outcome based on the merit of the evidence and applicable law.
- High Court Precedent: In Re Minister for Immigration and Multicultural Affairs; Ex parte Applicant S20/2002, the High Court affirmed the Tribunal's authority to substitute its own view.
Tribunal Decision
- Written Decision: The tribunal provides a written decision outlining reasons, including factual findings, legal application, and policy considerations.
- Requirement for Reasons: Under Section 43(2) of the AAT Act, written reasons must be provided unless otherwise agreed by all parties.
Appeal or Judicial Review
- Judicial Review: If dissatisfied, parties may pursue judicial review to challenge the lawfulness of the decision rather than its merits.
- Legal Appeal: Appeals can be made on a question of law to the Federal Court under Section 44 of the AAT Act.
- Judicial Review Example: Minister for Immigration and Citizenship v SZMDS highlights that judicial review focuses on legal errors instead of the substantive merits of a decision.
Summary
- Merit Review Process: The merit review in Australian administrative law is characterized by a thorough examination of decisions based on facts, law, and policy, following the AAT Act and relevant case law, enabling the Tribunal to render decisions that uphold legal standards and fairness.
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Description
This quiz covers the processes involved in conducting a merit review in Australian administrative law. It focuses on identifying relevant legislation, particularly the Administrative Appeals Tribunal Act 1975, and key case law that shapes the review process.
