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JUDICIAL REVIEW ACT 1991 - SECT 23 Meaning of improper exercise of power (ss 20(2)(e) and 21(2)(e))

JUDICIAL REVIEW ACT 1991 - SECT 23

Meaning of improper exercise of power (ss 20(2)(e) and 21(2)(e))

23 Meaning of improper exercise of power (ss 20(2)(e) and 21(2)(e))

In sections 20 (2) (e) and 21 (2) (e) , a reference to an improper exercise of a power includes a reference to—

(a) taking an irrelevant consideration into account in the exercise of a power; and
(b) failing to take a relevant consideration into account in the exercise of a power; and
(c) an exercise of a power for a purpose other than a purpose for which the power is conferred; and
(d) an exercise of a discretionary power in bad faith; and
(e) an exercise of a personal discretionary power at the direction or behest of another person; and
(f) an exercise of a discretionary power in accordance with a rule or policy without regard to the merits of the particular case; and
(g) an exercise of a power that is so unreasonable that no reasonable person could so exercise the power; and
(h) an exercise of a power in such a way that the result of the exercise of the power is uncertain; and
(i) any other exercise of a power in a way that is an abuse of the power.