Australian Administrative Law Merit Review

Questions and Answers

What must the tribunal provide in their written decision?

Recommendations for future cases

Reasons including factual findings, application of law, and policy considerations (correct)

A summary of legal precedents

Only the factual findings

Under what condition can a tribunal decide not to provide written reasons for its decision?

If the decision is about procedural matters

If it is a unanimous decision

If all parties agree otherwise (correct)

If the decision is favorable to all parties

What can parties do if they are dissatisfied with a tribunal’s decision?

Request a new tribunal hearing

Pursue a judicial review or appeal on a question of law (correct)

File a complaint with a legal association

Seek a reconsideration of merits

In the context of judicial review, what does the High Court focus on?

Legal error rather than the merits Signup and view all the answers

What is the role of the reviewing body in the merit review process?

To substitute its own decision for that of the original decision-maker Signup and view all the answers

Which section of the AAT Act mandates the tribunal to provide written reasons?

Section 43(2) Signup and view all the answers

What is the primary legislation governing federal merit reviews in Australia?

Administrative Appeals Tribunal Act 1975 (Cth) Signup and view all the answers

What is typically the deadline for lodging an application for review after a decision is made?

28 days Signup and view all the answers

What does merit review allow the tribunal to do?

Substitute its own view for that of the original decision-maker Signup and view all the answers

In the case of Drake v Minister for Immigration and Ethnic Affairs (No. 2), what did the Tribunal affirm regarding the decision-making process?

The Tribunal must weigh all relevant considerations afresh. Signup and view all the answers

During the merit review process, what types of materials may the tribunal consider?

Additional evidence submitted by both parties Signup and view all the answers

In which case did the High Court reiterate the nature of merit review regarding the Tribunal's decision-making power?

Re Minister for Immigration and Multicultural Affairs; Ex parte Applicant S20/2002 Signup and view all the answers

What is the scope of what can be reviewed in a merit review process?

Facts, law, and policy considerations Signup and view all the answers

What is required from both parties during the evidence gathering stage of a merit review?

Both written and oral submissions can be made Signup and view all the answers

Study Notes

Merit Review Process in Australian Administrative Law

Identify the administrative decision for review and ascertain the applicable statutory framework, particularly focusing on the Administrative Appeals Tribunal Act 1975 (Cth) (AAT Act).
Section 43 of the AAT Act delineates the powers of the Administrative Appeals Tribunal (AAT) to conduct reviews "on the merits."
Applications for review must be submitted to the appropriate tribunal (AAT for federal cases or equivalent state/territory bodies) within a specified timeframe, usually within 28 days from the decision date.

Scope and Nature of Merit Review

Merit review entails a comprehensive reassessment of facts, law, and policy associated with the original decision.
The tribunal can either create a new decision, affirm, modify, or nullify the original ruling.
The case of Drake v Minister for Immigration and Ethnic Affairs (No. 2) 2 ALD 634 emphasizes that the tribunal must evaluate all pertinent factors anew.

Evidence and Submissions

Both parties have the opportunity to provide evidence and make submissions, both written and oral.
The tribunal is entitled to consider evidence beyond what was initially available to the original decision-maker.

Decision-Making on the Merits

The tribunal reviews if the original decision was the "correct or preferable" choice based on the merits, referencing evidence, facts, and the relevant law.
The High Court case Re Minister for Immigration and Multicultural Affairs; Ex parte Applicant S20/2002 HCA 30 underlines the tribunal's authority to substitute its judgment for that of the original decision-maker.

Issuance of Tribunal Decisions

A written decision is provided by the tribunal, which details its factual findings, legal applications, and policy considerations.
Section 43(2) of the AAT Act mandates that the tribunal must articulate written reasons for its decision unless all involved parties consent to waive this requirement.

Options for Appeal or Judicial Review

Parties dissatisfied with the tribunal's decision can pursue judicial review in a court to contest the legality of the decision, not its merits.
Appeals regarding legal questions can be lodged to the Federal Court under Section 44 of the AAT Act.
The case Minister for Immigration and Citizenship v SZMDS HCA 16 illustrates that judicial review focuses on legal errors rather than merit determinations.

Summary of the Process

The merit review in Australian administrative law seeks to assess the correctness and suitability of a decision against facts, law, and policy, utilizing the framework of the AAT Act, relevant case law, and statutory provisions.
The reviewing authority is empowered to replace the original decision, ensuring adherence to legal standards and fairness principles.

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Description

This quiz focuses on the process of conducting a merit review in Australian administrative law, emphasizing relevant legislation and case law. Participants will explore the Administrative Appeals Tribunal Act 1975 (Cth) and its implications for federal merit reviews.