Ainsworth V Criminal Justice Commission (1996)

Judicial review regarding a decision of administrative character can be sought under s 75 of the Commonwealth of Australia Constitution Act 1900 (‘Constitution’), s 39B of the Judiciary Act 1903 (Cth) (‘Judiciary Act’), or s 5, s 6 and s 7 of the Administrative Decisions (Judicial Review) Act 1977 (Cth) (‘ADJR Act’). This paper would critically analysis Ainsworth v Criminal Justice Commission (‘Ainsworth’) where remedies of mandamus, certiorari and declaration were sought; and Klewer v Dutch (‘Klewer’) where certiorari was sought, concerning the rational system of law contended by Gageler.

The ADJR Act was designed to simplify and clarify the procedure applicable to judicial review to provide simple, broad and flexible remedies. The ADJR…show more content…
In Ainsworth, the appellant alleged a breach of procedural fairness by the respondent and sought administrative law remedies. The court discharged the order nisi for writ of certiorari based on the fact that the report does not carry any legal effect; and discharge mandamus on the ground that granting such writ will not be beneficial to the appellant. Although certiorari and mandamus are inapplicable, the court exercised its inherent power to grant declaratory relief. The appellant was granted declaration relief due to its adverse practical effect on the reputation of the…show more content…
Ainsworth v Criminal Justice Commission (1992) 175 CLR 564 [37].
[ 24 ]. Mark A Robinson, ‘Commonwealth Administrative Law: The Basics’ (Paper presented at the State Legal Conference, Sydney, 27 March 1996) 6.
[ 25 ]. Mark A Robinson, ‘Commonwealth Administrative Law: The Basics’ (Paper presented at the State Legal Conference, Sydney, 27 March 1996) 6.
[ 26 ]. Mark A Robinson, ‘Commonwealth Administrative Law: The Basics’ (Paper presented at the State Legal Conference, Sydney, 27 March 1996) 6.
[ 27 ]. Administrative Decisions (Judicial Review) Act 1977 (Cth) s 5(1)(a), (b).
[ 28 ]. Ainsworth v Criminal Justice Commission (1992) 175 CLR 564 [27].
[ 29 ]. Administrative Decisions (Judicial Review) Act 1977 (Cth) s 16(1).
[ 30 ]. Administrative Decisions (Judicial Review) Act 1977 (Cth) s 16(1)(a).
[ 31 ]. Ainsworth v Criminal Justice Commission (1992) 175 CLR 564 [36].
[ 32 ]. Administrative Decisions (Judicial Review) Act 1977 (Cth) s 3.
[ 33 ]. Fiona L. McKenzie, Remedies in Judicial Review (2010) The Law Handbook at 24 September 2012.
[ 34 ]. Administrative Decisions (Judicial Review) Act 1977 (Cth) s 16(1)(b).
[ 35 ]. Ainsworth v Criminal Justice Commission (1992) 175 CLR 564