Rucker v Stewart & Ors

• 1. Administrative Law
  2. › Judicial review
  3. › Procedural fairness
  4. › Exclusion of procedural fairness by statute
  5. › Multi-stage statutory decision-making process
  6. › Whether right to be heard excluded at initial stage where merits review available at later stage
  7. › Police Service Administration Act 1990 (Qld), s 6.1
• 1. Administrative Law
  2. › Judicial review
  3. › Procedural fairness
  4. › Rights and interests affected by decision
  5. › Stand down on full pay
  6. › Whether loss of additional income and policing powers required procedural fairness prior to initial decision
  7. › Police Service Administration Act 1990 (Qld), ss 6.1, 6.2, 6.4
• 1. Administrative Law
  2. › Judicial review
  3. › Procedural fairness
  4. › Nature of review hearing
  5. › Whether review required to be conducted de novo
  6. › Whether reviewing commissioner impermissibly confined review to compliance with legislation and policy
  7. › Police Service Administration Act 1990 (Qld), s 9.3(3)
  8. › Police Service Administration (Review of Decisions) Regulation 1990 (Qld), reg 8
• 1. Administrative Law
  2. › Judicial review
  3. › Reasons of administrative decision-maker
  4. › Standard of scrutiny of reasons
  5. › Whether reasons should not be construed minutely with eye keenly attuned to perception of error

Quick Take