*Please note that the links to the content in this Part will direct you to Westlaw AU.<\/p>\n
To purchase an article, please email: LTA.Service@thomsonreuters.com<\/a> or contact us on 1300 304 195 (Australian customers) or +61 2 8587 7980 (international customers) during business hours (Mon-Fri, 8am-6pm AST).<\/p>\n The latest issue of the Australian Journal of Administrative Law<\/em> (Volume 27 Part 2) contains the following material:<\/p>\n EDITORIAL<\/a> \u00e2\u20ac\u201c General Editors: Matthew Groves and Greg Weeks<\/em><\/p>\n CURRENT ISSUES<\/a> \u00e2\u20ac\u201c Editor: Katie Miller<\/em><\/p>\n Migrating towards a Principled Approach to Reviewing Jurisdictional Facts<\/strong><\/em><\/a> \u00e2\u20ac\u201c The Hon Justice R Derrington<\/p>\n Where the parliament has preconditioned the exercise of statutory power on the formation of a state of mind to be held by the power\u00e2\u20ac\u2122s repository, questions will necessarily arise as to whether the putative state of mind on which the repository has acted, satisfied the statutory requirement. This article identifies the emerging principles on which a court will examine whether an alleged defect in the formation of a state of mind has resulted in it not conforming to a statutory precondition. The principles identified are now mostly derived from cases involving s 65 of the Migration Act 1958 <\/em>(Cth). That is a somewhat unique provision in which the legislature has transposed the deliberative aspect of the executive\u00e2\u20ac\u2122s role to the jurisdictional fact stage. Despite some recurring confusion of thought, the principles applied to the review of subjective jurisdictional facts are distinct from those applicable to judicial review for jurisdictional error, even if not-insubstantial similarities exist.<\/p>\n Materiality: Marking the Metes and Bounds of Jurisdictional Error?<\/strong><\/em><\/a> \u00e2\u20ac\u201c Harry Aniulis<\/p>\n The centrality of jurisdictional error to the High Court\u00e2\u20ac\u2122s constitutionally entrenched jurisdiction to conduct judicial review is now well accepted. Despite this acceptance, it was also explained in Kirk v Industrial Court (NSW) that \u00e2\u20ac\u0153[i]t is neither necessary, nor possible, to attempt to mark the metes and bounds of jurisdictional error\u00e2\u20ac\u009d. Consequently, uncertainty plagues understanding of when errors may be regarded as \u00e2\u20ac\u0153jurisdictional\u00e2\u20ac\u009d in the requisite sense. Disagreement in demarking the boundary between \u00e2\u20ac\u0153jurisdictional\u00e2\u20ac\u009d and \u00e2\u20ac\u0153nonjurisdictional\u00e2\u20ac\u009d errors has been recently evidenced in the decisions of Hossain v Minister for Immigration and Border Protection and Minister for Immigration and Border Protection v SZMTA. The prevailing approach requires satisfaction of a threshold of materiality before a conclusion of jurisdictional error may be reached. This development sits uncomfortably with existing authority, adds greater uncertainty due to its variable threshold, and is open to imprecise exceptions. Instead, addressing materiality considerations through courts\u00e2\u20ac\u2122 remedial discretion is preferable.<\/p>\n A Question of Capacity: Does the AAT Have the Power to Appoint Litigation Guardians?<\/strong><\/em><\/a> \u00e2\u20ac\u201c Matthew Paterson<\/p>\n The Administrative Appeals Tribunal deals with some of the most vulnerable members of Australian society, including a considerable number of people who suffer from mental and physical impairments \u00e2\u20ac\u201c especially in its National Disability Insurance Scheme jurisdiction. However, it was only in the recent case of Klewer and National Disability Insurance Agency (Klewer) that the Tribunal has been asked to consider whether it has the power to appoint a litigation guardian for a party before it. In this article, I take Klewer as the starting point for a broader discussion of whether the Tribunal has the power to appoint a litigation representative. After considering whether the Tribunal has any express or implied statutory authority to make such an appointment, I conclude that the Tribunal has no such power.<\/p>\n BOOK REVIEW<\/a> \u00e2\u20ac\u201c Editor: Dr Janina Boughey<\/em><\/p>\n For the PDF\u00c2\u00a0version of the table of contents, click here: AJ Admin L Vol 27 No 2 Contents<\/a>.<\/p>\n\n
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