Administrative Law

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Administrative Decisions (Judicial Review) Act

The Federal Circuit Court has jurisdiction to hear applications under the Administrative Decisions (Judicial Review) Act 1977.

Under the Administrative Decisions (Judicial Review) Act 1977 the Federal Circuit Court can review a decision on any one or more of the following grounds:

(a) that a breach of the rules of natural justice occurred in connection with the making of the decision;

(b) that procedures that were required by law to be observed in connection with the making of the decision were not observed;

(c) that the person who purported to make the decision did not have jurisdiction to make the decision;

(d) that the decision was not authorized by the enactment in pursuance of which it was purported to be made;

(e) that the making of the decision was an improper exercise of the power conferred by the enactment in pursuance of which it was purported to be made;

(f) that the decision involved an error of law, whether or not the error appears on the record of the decision;

(g) that the decision was induced or affected by fraud;

(h) that there was no evidence or other material to justify the making of the decision;

(j) that the decision was otherwise contrary to law.

Appeals from the Administrative Appeals Tribunal

Section 44AA of the Administrative Appeals Tribunal Act 1975 provides that the Federal Court of Australia must not transfer an appeal from the Administrative Appeals Tribunal to the Federal Circuit Court if the appeal from relates to a decision given by the Tribunal constituted by a member who was or by members at least one of whom was a Presidential Member.

This means that decisions in the AAT by Presidential Members (which includes Deputy Presidents) cannot be transferred from the Federal Court of Australia to the Federal Circuit Court. Decisions of the AAT where the Tribunal is constituted by a Senior Member may be the subject of transfer from the Federal Court of Australia to the Federal Circuit Court.

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