Where an administrative decision-maker acts under the wrong statutory power, the decision cannot be sustained under an alternative source of power if the relevant considerations under the two powers differ materially — in particular, where one scheme elevates a consideration to 'paramount' status that the other does not. A recommendation by the Prisoners Review Board to the Minister against parole is capable of constituting a 'decision' under s 107B of the Sentence Administration Act 2003 requiring the provision of reasons, because the recommendation is sufficiently connected with the Governor's ultimate decision to affect the prisoner's legal rights.
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