Australian Administrative Law Seeking Reasons for an Essay
- Length: 5 pages
- Sources: 10
- Subject: Business - Law
- Type: Essay
- Paper: #30462394
Excerpt from Essay :
Australian Administrative Law
Seeking Reasons for an Administrative Decision
SOUTHERN FARMERS GROUP LTD
Level 6, Juvenile House, 12 Independent Street, Adelaide
The Honorable Mr. David Goren
DEPUTY COMMISSIONER OF TAXATION (SA)
Income Tax Assessment Act 1936 s 263
Dear Mr. Goren,
Request for Statement of Reasons
We file this application on behalf of Southern Farmers Group Limited. We request for a written statement of material facts, evidence and reasons under section 263 of the Income Tax Assessment Act 1936 setting out the findings on material questions of fact, referring to the evidence and other material on which those findings were based and giving the reasons for the decision (Australian Conservation Foundation Incorporated v Commonwealth 1980).
My client has complained against four decisions made by the deputy of commissioner of taxation. In respect of the first three decisions (relating to access to premises) southern farmers group claims, in respect of each, that they were not authorized by s 263(1) of the ITA Act; it also claimed that it was an improper exercise of power, first because it was exercised for an inappropriate purpose, secondly because irrelevant considerations had been taken into account and finally because each of those three decisions involved an error of law (John & Creyke, 2009). These issues were not argued in the current proceedings and will not be argued if the respondents' objection to the competency of the application is upheld. Nevertheless, it is of interest to note that after judgment was reserved in this matter, the judgment of the Full Court in (Industrial Equity Ltd. v DCT (NSW) 1989) was published on 11 December 1989 in which similar arguments by a taxpayer were rejected.
The fourth challenged decision was the alleged decision by the respondents to invoke the provisions of para (e) of Sch 1 of the Judicial Review Act. I am satisfied that if any decision is made, the first such decision should made sometime prior to 18 or, at least, 20 December 1989.
If you do not comply with these provisions within the set time limits then we may apply to the court on behalf of Southern Farmers Group Ltd. For an order to compel the supply of the reasons.
On behalf of Southern Farmers Group Ltd.
Taxpayers and Auditors Defenders (TAD) Inc.
Case citation: 92 ALR/SOUTHERN FARMERS GROUP LTD v DEPUTY COMMISSIONER OF TAXATION (SA) and OTHERS - 92 ALR 317-22 December 1989.
Reflection and Review
During my career as a professional sportsperson, I understood that being a professional required persistence; committing to the chosen pathway and maintaining that direction no matter the outcomes and obstacles likely to be encountered. By enduring in the face of adversity and inculcating patience, achievement of my goals has been possible despite the difficulties I have been facing. Additionally, I realized that persistence is able to keep me on track to reach my goals whenever adversity tried to pull me down from realizing my dreams. Moreover, confidence; believing even when obstacles are present and having a firm belief in my abilities are a major driving factor in my career development. Since I always believe in whatever I do, I have made significant progress in my activities. The other necessity is integrity; working under a value system in all professional matters and having and living by a code of sound moral principles. By upholding strong morals, my fellows accord me due respect and working with other individuals has become quite easier. This has helped me maintain my focus in my sporting ventures and remain truthful in achieving my dreams.
I had to change the original work which outlines that, "During my career as a professional sportsperson, I understood that being a professional required persistence (to commit to a pathway and maintain that direction), confidence (to believe even when obstacles presented), and integrity (to work under a value system in all professional matters)." The original work is brief and to the point making it more precise; strength of the original response. The briefness brings about clarity to the reader; the information in the original response is easier to understand and ad unto. The major weakness of the original response is that it does not elaborate the effects of the three principles of success leaving the reader with a notion that the text is incomplete thus requiring additional information. This makes the reader guessing what the writer meant with the response given. According to Jenkin (2011), in the first year of any business venture, an entrepreneur will make mistakes like anyone starting a new venture. He concludes that there are so many valuable pieces of wisdom to learn as an entrepreneur, but outlines three most important traits to apply for business success. In my opinion, these traits are also applicable in being a sportsperson; a decision that made is imminent to carry out a few corrections to the original work.
Right to Information Application
This article pertains to administrative law in that it relates to regulating the governing agency's authority concerning citizen's rights and other matters (Douglas, 2009). The article printed in The Australian newspaper on 26 April 2012 concerns administrative law as it is about a new government regulatory body that will have the power to make decisions affecting individuals and/or groups within the media of Australia. The media play a prominent role in influencing the public, particularly in regard to the government. Over-regulation of the media could cause public injustice, in that the provision of information regarding the actions of administrative agencies would be limited or not available (McClellan, 2006).
Miss Jessica Benders applies for this Right of Information On behalf of Southern Farmers Group Ltd. I am the Principal Solicitor, Taxpayers and Auditors Defenders (TAD) Inc. located at Level 14, Appellate House along 12 Freeman Street, Queensland. The postcode of the firm is 56780 with the post office address being 4567 Freeman Street, Queensland. I can be contacted via; phone, (07) 45-908-001, post or email, -- .
I am seeking access to documents that contain personal information either in relation to myself or the person on whose behalf I am applying that may contain the personal information of someone else and/or non-personal information. I am seeking this information on behalf somebody else; the Media who is my client.
The agency I am applying this right of information are the members of Australian Press Council; including News Limited and Fairfax Media which would continue to function as a self-regulatory watchdog on print and online media, according to sources close to the review panel (Zione & Veronica, 2010).
The documents I am seeking include the finding of the Finkelstein review report, The Convergence Review report; commissioned by Communications Minister Stephen Conroy in late 2010 to "examine the policy and regulatory frameworks that apply to the converged media and communications landscape in Australia." The other document I am looking for is the final report of the review panel, headed by former IBM Australia managing director Glen Boreham which was released in December.
The type of documents I am looking for include the Australian Press Council's internal memoranda, Emails published journals and magazine printouts. These documents will help me in understanding the recommendations set out by the Convergence Review's final report on which is seen as a compromise between competing proposals to provide a new print media regulatory framework (Melbourne Law School, 2012).
The subject matter of the documents I am seeking are the Finkelstein inquiry into the print media that a government-funded News Media Council be established to oversee news and commentary in print and associated online outlets. The other subject matter I am requesting is APC's chairman move to strengthen the council's powers and funding as the primary watchdog on print complaints (Lee & Groves, 2007).
The time period I would like the agency to search the documents is from 5th December until 22nd December in the year 1989.
The documents I am looking for may be located within the office precincts of Australian Press Council, government facilities or within the offices of the Australian Newspaper. The other place the documents may be located are the distribution centers of the Australian Newspaper as well as in judicial courts such as the Queensland supreme court as well as the Australian supreme court (Kioa v Minister for Immigration and Ethnic Affairs (West) 1985).
The information requested above is relevant in terms of the RTI/FOI application process and any relevant provisions in the legislation. The information requested is legally accepted within the requirements of the RTI/FOI application procedures.
Preferred Access Type
The access type I would require is inspecting the documents and requesting the documents to be sent to me by email. Emailing the documents to me would ensure I retain copy for reference and reduces time while the inspection gives me the evidence I am looking for and besides both access to the documents by email and inspection require no charge making it my…