Topic: Administrative Law

Students are required to advise a client in relation to an access refusal decision for a
freedom of information request.
This assignment will take the form of a letter of advice addressed to the client, Peak
Local Sport Australia (PLSA). The letter of advice must address the following points
(for guidance on structure and headings see the ‘Format and Submission
Requirements’ below).
a) Assessment of the decision
Your letter of advice must include an assessment of the decision and the
reasons given for the refusal of the request. You need to indicate:
i) which aspects of the decision are open to challenge, and the reasons
which should be used to challenge those aspects of the decision; and
ii) which aspects of the decision are not open to challenge, and the reasons
why that is so.
b) Merits review options
Your advice must canvass the options available to your client to seek merits
review of the decision. You must:
i) identify the mechanisms available to review the decision on the merits
(if any);
ii) identify and explain the jurisdiction and statutory power(s) that give any
relevant bodies jurisdiction to engage in merits review; and
iii) provide a recommendation as to how your client ought to proceed (ie
indicate (a) if your client should seek to challenge the decision on the
merits at all, and (b) if so, the mechanism most likely to achieve your
client’s objectives).
(You are not required to advise in relation to options to challenge the
decision before the courts. This means you do not need to discuss the
availability of appeal to the courts, or judicial review by the courts.)
Your advice needs to include references to relevant legislation, case law and other
authorities that support your advice and conclusions.
This is a research assignment, and you are encouraged to read more widely than the
required weekly readings.