Order ID | 2480890793 |
Subject | Administrative Law |
Topic | Administrative law assignment |
Type | Essay |
Writer level | University |
Style | Harvard |
Sources / references | 6 |
Language | English(U.S.) |
Description / paper instructions
Total words : 1750
Content need to demonstrates • Identification of issues • Knowledge of the relevant legislation, rules of conduct and relevant case law • Knowledge of the complaints and disciplinary procedures available under the legislation • Knowledge of other options and remedies available to the complainant The lecture outline notes are also attach in this order in case might needed. which are LAW 400 topic 2&3&4. Administrative Law (LAW 400) Assignment Question In response to heightened national security concerns, the Commonwealth Government enacted in November 2015 the Terrorism and National Security Amendment Act 2016 (Cth) (the Amendment Act). The Amendment Act amended the Terrorism and National Security Act 2012 (Cth). The Amendment Act provided for the establishment of a Terrorism and Security Division in the District Court of NSW. It also provided for the appointment of specialist judges with high level security clearance to preside over the Terrorism and Security Division. The Amendment Act did not have force of law until it received Royal Assent. The Amendment Act received Royal Assent on 19 August 2016. Some sub-sections of section 83 of the Amendment Act follow: (1)(a) The Attorney General may appoint a Judge of the Terrorism and Security Division of the court after the Attorney General has referred the proposed appointment to the Home Affairs Minister, and the Home Affairs Minister has notified the Attorney General whether he of she proposes to veto the proposed appointment. (1)(b) The notification under subsection (1)(a) must be received within 14 days of the referral to the Home Affairs Minister. (1)(c) The notification and referral under subsection (1)(a) must be in writing. On 5 August 2016, in a phone call to the Home Affairs Minister while discussing other cabinet business, the Attorney General discussed an appointment he was considering making to the new Terrorism and Security Division. The Attorney General mentioned that he was thinking of appointing his long-time friend, Helen Moffett SC, as the inaugural judge of the Division. The Home Affairs Minister said that he would speak to his colleagues as to the appropriateness of the appointment and get back to the Attorney General. Later that day, the Home Affairs Minister wrote in an email to the Attorney General: I refer to our conversation this morning and your wish to appoint Helen Moffett SC to the
new terrorism court. I’ve been speaking to colleagues and everybody thinks that she would be a great choice.
On 6 August 2016, Her Honour Judge Moffett SC was sworn in as the inaugural judge of the Terrorism and Security Division of the District Court of New South Wales. On 8 November 2018, John Smith was charged with four counts of unauthorised surveillance under section 23(1)(a) of the Terrorism and National Security Act 2012. Some relevant sections follow. Section 23 (1)(a) A person must not knowingly install, use or maintain an optical surveillance device to record visually or observe the carrying on of an activity if the installation, use or maintenance of the device involves entry onto or into premises or a vehicle without the express or implied consent of the owner or occupier of the premises or vehicle. The maximum penalty is 500 penalty units (in the case of a corporation) or 100 penalty units or imprisonment for 5 years, or both (in any other case).’ Section 49
Section 52 (1)(a) The Minister of Home Affairs may withhold publication of classified information if he or she determines that it in the national interest to do so. Section 64
In section 64, ‘ASIO’ refers to the Australian Security and Intelligence Organisation. On 10 November 2018, John Smith received a letter from the Department of Home Affairs which relevantly stated the following: The Minister of Home Affairs is considering making a determination that it is in the national interest that the pending criminal trial against you be heard in private. The basis for this determination is an ASIO advice based on ‘classified information’ within the meaning of section 52 of the Terrorism and National Security Act 2012 (Cth). Pursuant to section 49 of the Terrorism and National Security Act, you are entitled to make a representation to the Minister before 15 December 2018 on whether the Minister should make such a determination. On 14 December, John Smith’s representation indicated that he objected to the determination, and was unable to say more in the absence of the information about the basis of the proposed determination. On 16 December 2018, the Minister determined that the proceedings against John Smith should be heard and determined, in private, in the Terrorism and Security Division of the District Court by a judge sitting alone (The Decision). The Minister’s indicated in his letter notifying HJohn of his determination that it was made because it was in the national interest. On 14 June 2019, John was convicted by Judge Moffett SC, sitting alone in the Terrorism and Security Division, of four counts of unauthorised surveillance under section 23(1)(a) of the Terrorism and National Security Act. John was sentenced to 16 years in prison with a non-parole period of 14 years. John is seeking to quash the decision of Judge Moffett SC. He does not wish to appeal the decision. John Smith seeks your advice regarding the administrative law grounds on which his conviction may be quashed. Your advice should focus on the following two issues:
|