Superannuation Complaints Tribunal and the public / private distinction in Australian administrative law

Weeks, G

Superannuation Complaints Tribunal and the public / private distinction in Australian administrative law

Weeks, G

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Publisher:: Lawbook Co
Publication Type:: Journal Article
Citation:: Australian Journal of Administrative Law, 2006, 13 (3), pp. 147 - 163
Issue Date:: 2006-01

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Field	Value	Language
dc.contributor.author	Weeks, G	en_US
dc.date.issued	2006-01	en_US
dc.identifier.citation	Australian Journal of Administrative Law, 2006, 13 (3), pp. 147 - 163	en_US
dc.identifier.issn	1320-7105	en_US
dc.identifier.uri	http://hdl.handle.net/10453/10471
dc.description.abstract	This article considers the Superannuation Complaints Tribunal (SCT) and the capacity of its decisions to be reviewed. While the constitutional position of the SCT is settled after the decision of the High Court in Attorney-General (Cth) v Breckler (1999) 197 CLR 83, its categorisation as a private body remains open to question. This being the case, the susceptibility of decisions of the SCT to review is compared with the equitable standards upon which trustee decisions are reviewable. Challenges to decisions of the SCT may not be possible under the Administrative Decisions (Judicial Review) Act 1977 (Cth) but the quasiprivate character of the SCT a private body with a public function presents scope for courts to hold that the SCT owes an equitable duty to those within its jurisdiction.	en_US
dc.publisher	Lawbook Co	en_US
dc.relation.ispartof	Australian Journal of Administrative Law	en_US
dc.title	Superannuation Complaints Tribunal and the public / private distinction in Australian administrative law	en_US
dc.type	Journal Article
utslib.citation.volume	3	en_US
utslib.citation.volume	13	en_US
utslib.for	1801 Law	en_US
pubs.embargo.period	Not known	en_US
pubs.organisational-group	/University of Technology Sydney
pubs.organisational-group	/University of Technology Sydney/Faculty of Law
utslib.copyright.status	closed_access
pubs.consider-herdc	false	en_US
pubs.issue	3	en_US
pubs.volume	13	en_US

Abstract:

This article considers the Superannuation Complaints Tribunal (SCT) and the capacity of its decisions to be reviewed. While the constitutional position of the SCT is settled after the decision of the High Court in Attorney-General (Cth) v Breckler (1999) 197 CLR 83, its categorisation as a private body remains open to question. This being the case, the susceptibility of decisions of the SCT to review is compared with the equitable standards upon which trustee decisions are reviewable. Challenges to decisions of the SCT may not be possible under the Administrative Decisions (Judicial Review) Act 1977 (Cth) but the quasiprivate character of the SCT a private body with a public function presents scope for courts to hold that the SCT owes an equitable duty to those within its jurisdiction.

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http://hdl.handle.net/10453/10471