Administrative Law Spring Assignment
12 Pages3680 Words37 Views
Added on 2020-07-23
Administrative Law Spring Assignment
Added on 2020-07-23
ShareRelated Documents
ADMINISTRATIVE LAWSPRING
Table of ContentsINTRODUCTION...........................................................................................................................1PART 1 NON JUDICIAL REVIEW...............................................................................................1A Merit issues and legal issues...............................................................................................1B Legislative procedures, application fees and Time.............................................................3PART 2 JUDICIAL REVIEW.........................................................................................................5A The claim of the client and the jurisdiction that can be taken to solve the issue................5B The grounds on which the decision of administration can be challenged..........................6C Indication of times and fees of the action taken.................................................................8CONCLUSION................................................................................................................................9
INTRODUCTIONLegal frame work set by government helps in assist in establishing the stability ofenvironment in country. The regulations made by central system are to secure the rights ofcitizens. The report will evaluate the use and act like of Freedom of Information and Australianinformation commissioned in the case of Jasmine, the girl who is fighting for the rights ofstudents in the university in which the federal government plans to make increasing change infee structure. The report will outline the measures which can assist her in getting justice fromAustralian federal court. Thus, the report will analyse the basic factors which are necessary tounderstand in legal framework of act which are procedure, time and fees. PART 1 NON JUDICIAL REVIEWEvery student like, Jasmine holds a right to be informed about changes made in feestructure that is being charged from them therefore the plan of federal government of increasingstudent fees in universities has offended the rights of students and this is the reason whichJasmine decided to take a legal action under freedom of information act 1982 to federaleducation ministry. In the letter to ministry she further mentioned unnecessary informationwhich was not required that is why the chief staff called her to Canberra as the issue wasconfidential and can not be discussed on phone but she refused and the ministry analysed thatJasmine is an activist and wants to create a rebel among students and therefore creating massiveconfusion among individuals. Thus, after refusal jasmine got offended and wants to challengedecision of ministry as the system refused to accept her request under Freedom of Informationact 1982.A Merit issues and legal issuesUnder Section 11 C of freedom of information act 1982 (FOI), government aims atmaking transparent system in which the citizens have right to review the decision made bycentral system. The system discloses the necessary information to public at right time in ordersecure the information rights of the individuals. Further, in FOI act every citizen have equalrights to be informed about the legal framework which is being implemented by governments.The access of FOI can be discarded by ministry but is again enforceable to informationcommissioner. The students like jasmine in the case expect the decisions early but under this actgovernment states that timely taken decision are efficient and effective.1
Merit issuesThe FOI act Australia states that it is necessary for the system to hear the final say of FOIact, whether the disclosure leads to damage security, foreign relation or defence.The central system has also implemented changes which states that individual candirectly claim it rights to information commissioner if the request is rejected by ministry.Moreover, the decisions of information regarding case is also scrutinized byAdministrative appeals tribunals1.The request under FOI if rejected ministry due to any reason them the client is applicableto stand but its rights under information commissioner act which make decisions on thegrounds of arguments and the decision and the ministry is also liable to follow the endresult.Information Commissioner act 2010 hold the power over 3 major function, freedom ofinformation, privacy and information policy. In accordance to the case, act can review decisionlike, 1.Change on the party who refused to process FOI appeal.2.Defines the time period for accessing FOI request.3.Manages to keep personal and confidential information between the boundaries of centralsystem.4.Make and internal investigation about the appeal in order to find out the possibleloopholes which can make decision biased2.5.In accordance to case, the act aims at make internal research in order find out why therequest is denied by ministry. 6.The act enables the right to applicants to view over proceedings for the appeal of thirdparty.1Freedom of information commissioner act 1982 (2011). [Online]. Available through:<https://www.oaic.gov.au/resources/freedom-of-information/foi-resources/foi-guide/guide_freedom_of_information_act_1982.pdf>. [Accessed On 16th September 2017].22. Freedom of information Request 2017. [Online]. Available through:<http://www.naa.gov.au/about-us/organisation/accountability/foi/>. [Accessed On 16thSeptember 2017].2
End of preview
Want to access all the pages? Upload your documents or become a member.
Related Documents
Freedom of Information Act 1982 - Assignmentlg...
|13
|3333
|39
Administrative Law Case Studylg...
|9
|2678
|54
Administration Law Assignmentlg...
|14
|3795
|34
Administrative Law Assignment Solution (Doc)lg...
|15
|3451
|37
Administration Law Report - Information Act 1982lg...
|6
|1344
|138
Migration Review Mechanism - Caseslg...
|8
|1491
|26