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C. IS IT A DECISION (IF APPLYING FOR REVIEW UNDER THE ADJR ACT)? The ADJR Act only applies to a decision as defined under the Act, being a decision of an administrative character made under an enactment (s 3). i. REVIEWABLE DECISION OR CONDUCT 1) Decision A decision must be a reviewable decision in order for judicial review to take place (s 3). ABT v Bond – The decision provided for by statute must be one which is substantive, final and operative, with the “character or quality of finality”. It must be determinative, and not merely procedural. – A conclusion reached as a step in the course of reasoning (i.e. an intermediate determination) leading to an ultimate/operative decision would not be a ‘decision’ unless it was a determination for which the statute provided for.  That is, it must be an essential preliminary decision to the making of the ultimate decision.  This may include findings of fact (if it were not just a step along the way) – A preparatory act is not a decision (but it may be reviewable conduct – see below) 2) Conduct Alternatively, conduct may also amount to a reviewable decision if it was done “for the purpose of making a decision” (s 6). This refers to action taken, rather than a decision made. Section 3(5) also provides that a reference to conduct engaged in for the purpose of making a decision includes a reference to the doing of any act or thing preparatory to the making of the decision

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The most concise and updated Administrative Law Study Notes for Australian Law Students.

Does not include Model Exams and Model Exam Answers.
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Approximately 18111 words over 40 pages. Prepared in 2019.

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