Administrative Law Assignment
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Added on 2020-12-10
Administrative Law Assignment
Added on 2020-12-10
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Administrative Law
TABLE OF CONTENTSINTRODUCTION...........................................................................................................................1Question 1........................................................................................................................................1Which ground/s of judicial review could be raise in court to have the purported cancellationset aside as invalid?................................................................................................................1Question 2. ......................................................................................................................................2How transcript will affect the grounds of judicial review in Question 1...............................2Question 3........................................................................................................................................4How the process of Individual Cancellation can affect the invalid cancellation procedure..4CONCLUSION................................................................................................................................4
INTRODUCTIONAdministrative law refers to the body of legislation that governs the activities ofadministrative agencies of Government. Lawmakers create government agencies to carry outlaws and administer the functions of government. Australian poses well developed ombudsmansystem and freedom of information legislation. The report discusses about the role ofadministrative law in the given scenario and how Administrative Decision and Judicial ReviewAct 1977 can deny or provide access to permit for riding Ostrich in Australia. QUESTION 1Which grounds of judicial review could be raise in court to have the purported cancellation setaside as invalid?In the above case, Petrella has operated a business that offers ostrich rides to customersaged from 5 to 15 at school, community’s fates and carnivals around Australia. Petrella is alicensed owner of Ostrich riding business and she has registered her name under the OstrichRides Act, 1988. Further, Petrella holds the required permit to keep ostriches and use them forhuman riding. The permit is being renewed at every five years from the date it was granted in theyear 1996. Petrella being a responsible citizen oblige to the law and renewed her license permitafter every five years. The current permit issued on 2016 and is due to get expired on 2021 wascancelled by Ministerial department on giving notice to Petrella. This is not valid act by theadministrative agencies of Australia, and they cannot cancel the permit by giving notice to theowner (Tushnet, 2017). Ground/s of Judicial Review: Judicial review refers to the court authority to examine an executive or legislative act andto invalidate that act if it is contrary to constitutional principle. In Australia, High Court has theauthority to impart the practice of Judicial Review to any administrative body of Australia if thecourt feel so. The Ostrich Ride Act, 1988 states following terms and conditions for the holder and theissuer of Permit. These are:The Minster for Animals may grant an Ostrich Ride Permits to suitable adult person whoapplies and who has paid the prescribed fees. An Ostrich Ride Permits:◦May be renewed by minsters, whether before or after it expires.1
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