Tang v Griffith University

[2003] QSC 22

Supreme Court of Queensland

Built by Barristers,
For Australian Law.

See how it works

Interrogate

Catchwords

1. Administrative Law
2. › Judicial review
3. › Jurisdiction
4. › Decision within Act's application
5. › Decision of an administrative character
6. › Decision made under an enactment
7. › Whether university decision to exclude student for academic misconduct was made under an enactment
8. › Whether decisions made pursuant to university policies rather than directly under statute were reviewable
9. › Judicial Review Act 1991 (Qld), s 48
10. › Griffith University Act 1998 (Qld), ss 5, 6, 9, 11, 61
1. Education Law
2. › Universities
3. › Academic misconduct
4. › Exclusion from candidature
5. › Judicial review of university decisions
6. › Whether internal university disciplinary decisions are subject to statutory judicial review

Quick Take

University decisions to exclude students for academic misconduct may constitute decisions 'of an administrative character made under an enactment' for the purposes of the Judicial Review Act 1991 (Qld), where the decision derives from a tightly structured chain of delegation from the university council's statutory powers, even though the immediate processes are set out in internal policy documents rather than in the governing Act or a statutory instrument.