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ADMIN LAW TOPIC 1 (ACCOUNTABILITY: VALUES AND MECHANISM (MINOR ADMIN LAW…
ADMIN LAW TOPIC 1
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Who is the executive?
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Datafin - classifying if an entity is exercising public/executive or administrative power - not only look at the source of the law but the nature of the power being exercised. What is the purpose of the power being exercised?
Neat Trading v AWB - was the company exercising public/administrative power? If YES the party could seek a review of their decision. If a private company exercising a different sort of power - no reveiw in Administrative law available.
Haneef Case: Mans passport cancelled by minister (terrorism 'association') court interpreted assocciation to be a closer connection than what the Minister had - Minister acted outside scope of authority and remedy issued. Stronget th potential to curtail individual freedom/rights clearer it must be in legislation.
Who is the exective? Ministers, Departments and agencies but consider issues in NEAT and DATAFIN around outsourcing and privatisation
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