Administrative Law - Essay Example

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It entails a critical analysis of how executive decisions affect the welfare of the general public as well as the circumstantial interest of individuals as reiterated by…
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Administrative Law
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"Administrative Law"

Download file to see previous pages etical case of Jen who has been refused GM-Free accreditation licence by the WA Minister for Primary Industries Therefore, the arguments herein present the tenets of procedural fairness in relation to an appeal to review administrative decision which has purportedly denied the applicant the expected due PF in line with the prevailing legislation.2 In its chronology, this paper looks at the basis of power and evidence used by the decision maker to arrive at the resolution in question. On the other hand, the discussion hereafter considers the legal facts as to whether Jen can effectively invoke denial of PF success in a judicial review of the Minister’s decision.
Primarily, the legal framework of administrative law provides that an applicant must have been aggrieved by an executive decision for which a judicial review is being sought (Halliday, 2004: 146). Moreover, the Commonwealth Law allows the aggrieved individual to seek judicial review of an administrative decision that has perpetually compromised his personal interest as distinguished by Edley (1992:139) in the case of FAI Insurance; Blyth District Hospital Inc v South Australian Health Commission.3
In the case presented before us, Jen applied to the WA Ministry of Primary Industries for accreditation as a GM-Free canola grower in line with the requirements of the WA Genetically Modified-Free Grain Security and Accreditation Act 2006. Unfortunately, the Minister denied her accreditation on grounds that her property was deficient of the provisions of Section 10 of the aforementioned Act hereinafter referred to as the Act. In arriving at the decision, the Minister instituted Section 5 assessment as well as subsequent Section 12 inspection to ascertain the integrity of Jen’s property as read with the Ministerial Policy to safeguard the public interest against GMO contamination.
Prior to Jen’s application, there was a prevailing Ministerial Policy advising against GM-Free accreditation for growers ...Download file to see next pagesRead More
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Administrative Law
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