Illegality

Question 1

What are the five categories of illegality?

Answer 1

1. Simple Illegality
2. Misinterpretation of the law
3. Abuse of discretion
   a) Relevant/irrelevant factors
   b) Improper purpose
4. Retention of discretion
   a) Fettering
   b) Delegation
5. Error of Fact

Question 2

What is meant by simple illegality?

Answer 2

A public authority has acted ultra vires.

Question 3

Which one of the five categories of illegality is the most recent?

Answer 3

Error of fact

Question 4

Are all errors of fact reviewable?

Answer 4

No

Question 5

How may we break down the category of errors of fact into three?

Answer 5

1. Ignoring precedent or jurisdictional facts (R v SSHD ex p Khawaja)
2. Having no evidence for a decision (Coleen Properties v Minister of Health and Local Government)
3. Ignorance or mistake of an established fact (E v SSHD)