Admin Recap Quiz

Where do the federal administrative law tribunals belong in the separation of powers?

• Judicial

• Executive

• Legislative

• Administrative

Which of these statements is correct?

• Judicial review can overturn a decision, merits review cannot

• Merits review can allow fresh evidence, judicial review cannot

• Merits review is more expensive, slower and does not have the power to remake decisions

• Tribunals cannot decide the legality of a decision, only its merits

The AAT can conduct merits review of:

• Decisions of federal ministers, departments and agencies under enactment that confer jurisdiction on the Tribunal

• Decisions of federal and state ministers and agencies under enactment

• Decisions made by administrators, excluding Ministers

• All decisions made by federal ministers, departments and agencies under an enactment

Which is NOT the role of policy in administrative decision making?

• To ensure fairness and consistency

• To provide a framework for decision making

• To limit undue discretion of decision makers

• To add additional criteria to the statute

What is the time frame for requesting a statement of reasons?

• 10 days

• 21 days

• 28 days

• 30 days

What does OAIC stand for?

• Office of the Administration Information Commissioner

• Official Administrative Injunction Council

• Office of the Australian Information Commissioner

• Order of Administrative Injunction Certiorari

What does it mean if something is under a 'conditional exemption' under the FOI Act?

• The document must not be released

• The document must not be released unless it is in the public interest

• The document must be released

• The document must be released unless it is contrary to the public interest

In terms of whether a case is 'justiciable', the following is generally true:

• Courts will not review the exercise of certain prerogative powers

• Courts will review a case that is purely hypothetical

• Courts can intervene in the Attorney-General's decision not to prosecute

• Courts will review decisions of a legislative character

Which of these are required to access statutory judicial review? (Multiple)

• A Decision

• of Administrative Character

• Under Enactment

• Not under an Express Exclusion

Which is NOT a requirement for bringing a common law judicial review action?

• Under enactment

• Public Character

• Justiciable

• Remedy that is not certiorari alone