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LAWS12061 Administrative Law

tag 0 Download 7 Pages / 1,714 Words tag 09-06-2021



Gemma Stockwell was very pleased with the way things were going with her life. A recipient of a prestigious Bright Stars Commonwealth PhD Scholarship administered by the Commonwealth Department of Education and Training (DET) under the Bright Stars Commonwealth PhD Scholarship Fund Act 2018 (Cth) and an annual tax-free stipend of $45,000, there was little to complain about life. She enjoyed doing her PhD and could afford payments for her car and personal loans because of her PhD stipend. Her world experienced a seismic shock, however, when her usual fortnightly PhD stipend was not deposited by the DET into her bank account. She subsequently received a letter from the DET informing her that upon her receipt of the letter and until further notice, her scholarship stipend was suspended. According to the letter, there was reason to believe that a substantial portion of her Honours dissertation was plagiarised as shown by a high Turnitin similarity score. Plagiarism was a ground for disqualification and ineligibility from the PhD Scholarship under Bright Stars Commonwealth PhD Scholarship Fund Act 2018 (Cth).

Without her stipend, Gemma could not pay for her car and personal loans, and her other personal expenses. She has come to you, a Solicitor, for legal advice.


1. Under the facts, explain fully whether judicial review is available and the limitations of judicial review.

2. Under the facts, explain fully when a review by the Administrative Appeals Tribunal might be available, and any advantages and disadvantages of such a merit review.


Jordan Stockton thought he could get away with systematic fraud upon the Commonwealth Department of Health (“the Department”) for several years. Through the years, he had, as a business contractor with close connections to a person in the Department’s Credit and Collection office, succeeded in illegally over-billing the Department by close to $1.2 million. Without Jordan’s knowledge, however, he had been the target of a fraud investigation by the Department which ultimately uncovered the fraud that he perpetrated.

When Jordan, riding his $580,000 Bentley Continental Supersports car, visited the Department’s Brisbane office to follow up further payments, he was advised by the Department’s Legal Officer that his fraud had been uncovered and that it was now the subject of a criminal investigation by the Australian Federal Police. In the meantime, he was advised by the Department’s Legal Officer that the Department – in the exercise of its non-statutory executive powers – was impounding his Bentley Continental Supersports car as part of the proceeds of a crime and that he could no longer drive it out of the Department’s parking space.

3. Provide Jordan legal advice.

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