Administrative Power and the Law Quiz

A delegate of statutory power must always correctly cite the source of their power as delegate.

A delegate of statutory power should usually cite the source of their power as delegate.

Natural justice is about process not lawfulness.

Statutory interpretation is a technical exercise which is best conducted by lawyers.

Policy is more reliable than legislation as a guide because it is in plain English.

Natural justice is impossible to describe as it is really about “the vibe”.

If a decision maker is not sure whether to rely on a piece of information which is adverse to a person, they should ask that person for input before making the decision, even if to do so might embarrass someone else who gave the adverse information to the decision maker.

Record keeping is a traditional public service process which contributes to unnecessary red tape and is outdated in the digital age.

When the legislation changes, people who are appointed as “inspectors” or “authorised persons” under that legislation will not need to be reappointed.

If a person is delegated all powers under an Act, including powers to be enacted in future, then the common law says that they can exercise all powers under that Act after the legislation has changed.

The best way to avoid error of law when making an administrative decision is to check the policy and procedural guidelines of your organisation.

Error of law on the face of the record is no longer a relevant concept in administrative law.

If there is an obligation to keep information confidential, then it does not need to be disclosed to a person for the purposes of according natural justice to them.

You will not find the right to judicial review in the Act which creates a decision making power.

Specialist tribunals created by a statute have common law jurisdiction to consider general unfairness in administrative decision making.

There is no general legal obligation on a statutory decision maker to give reasons for their decision.

It is important to ask whether a decision maker has committed “jurisdictional error”. Mere error of law is not enough.

When a decision maker realises that they have made a jurisdictional error, they can simply change their mind and inform the person affected of their fresh decision.

When a decision maker has to form a particular view or opinion, that view or opinion must be based on objective material.

If a Supreme Court convicts someone and they are imprisoned, they can later claim for false imprisonment if the conviction is overturned.