Section 2: General considerations when making a decision

General considerations when making a decision

A person may apply for review of an administrative decision under the Administrative Decisions (Judicial Review) Act 1977. Agencies should seek their own legal advice if they are concerned that the validity of a particular decision taken by a delegate may be challenged.

A checklist for delegates to consider when making a decision is summarised below.

• The person who makes the decision must have jurisdiction, i.e. a valid delegation to make the decision.
• The procedures that are required by law to be observed in the making of the decision must be observed.
• The decision must not be an improper exercise of the power conferred by the enactment— examples of this would be where:
  • an irrelevant consideration was taken into account
  • the power was exercised for a purpose other than that for which it was conferred
  • the discretionary power was exercised at the direction of another
  • the discretionary power was exercised in accordance with a rule or policy without regard to the merits of the case.
• The decision must not be induced or affected by fraud.
• There must be evidence or other material to justify the making of the decision.
• The decision must not involve an error of law, whether or not the error appears on the record of the decision.
• The decision must be made in accordance with the rules of natural justice.
• The decision must not otherwise be contrary to law.