Re Minister for Local Government; Ex Parte The Buddhist Society of Western Australia (Inc)

[2001] WASCA 380

Western Australia Court of Appeal

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Interrogate

Catchwords

1. Administrative Law
2. › Judicial review
3. › Certiorari
4. › Jurisdictional error
5. › Whether Minister took into account irrelevant considerations or failed to take account of relevant considerations
6. › Whether decision affected by error of law
7. › Local Government Act 1995 (WA), s 9.8
1. Administrative Law
2. › Statutory appeals
3. › Nature of appeal to Minister
4. › Whether appeal by way of rehearing or de novo
5. › Whether Minister required to identify error by primary decision-maker
6. › Minister's powers 'at large'
7. › Local Government Act 1995 (WA), s 9.8(3), (3a)
1. Administrative Law
2. › Judicial review
3. › Relevant and irrelevant considerations
4. › Weight to be given to relevant considerations
5. › Whether failure to impose conditions evidences failure to consider relevant matters
6. › Extractive Industries Local Law (WA)

Quick Take

An appeal to the Minister under s 9.8(3a) of the Local Government Act 1995 (WA) is not confined to correction of error; the Minister's powers are 'at large'. The Minister is not required to elect in advance whether to proceed by way of rehearing or de novo, or to inform the parties. The weight to be given to relevant considerations in the exercise of a statutory discretion is a matter for the decision-maker, not the court, absent manifest unreasonableness.