HD Adminstrative Law Notes

Description

Excellent Admin Law notes which are colour coded, includes case summaries with pictures for memory aid, hand table for Grounds of Review. Topics: AAT (1) Jurisdiction (2) Standing (3) What AAT does in hearing appeal (4) Review (what decision should AAT make based on new material) (5) Remedies ADJR (1) Jurisdiction (a) Decision/conduct re a decision (b) Of an administrative character (c) Under an enactment (2) Standing (a) Aggrieved by a decision: s 5; s 3 (3) Reasons (a) Person with standing may request (b) Exception if info relates to personal/business affairs (4) Grounds: ADJR (a) Beyond scope: s 5/6(1)(d) (b) Procedural condition: s 5/6(1)(b) (c) Invalid delegation: s 5/6(1)(c) (d) Relevant & irrelevant considerations: s 5/6(1)(e); s 5/6(2)(a), (b) (e) Improper purpose & bad faith: s 5/6(1)(e), (g); s 5/6(2)(c), (d) (f) Unreasonable: s 5/6(1)(e); s 5/6(2)(g) (g) No evidence: s 5(1)(h); s 5(3) (h) Inflexible application of policy: s 5/6(1)(e); s 5/6(2)(f) (i) Acting under dictation: s 5/6(1)(e); s 5/6(2)(e) (j) Hearing rule: s 5(1)(e) (k) Rule against bias: s 5(1)(a) (5) Remedies (a) Orders available under s 16 Common law (1) Jurisdiction (a) A matter (b) An available remedy (2) Standing (b) Aggrieved by a decision: s 75(v) (3) Reasons (a) No duty to provide reasons: Osmond (4) Grounds: s 75(v) (a) No evidence has substantial difference: Stevedoring (b) “see analysis above with regards to grounds, but necessary that the breach of at least 1 of these grounds will constitute a jurisdictional error for a common law prerogative writ to be available: Kirk (5) Remedies (a) Prohibition, certiorari, mandamus, injunction, declaration