PROCEEDINGS BEFORE THE WARDEN IN OPEN COURT TO FORM AN OPINION ON THE LIMITS OF A WARDEN'S AUTHORITY

摘要

The warden sitting administratively, both in open court and in private, under the Mining Act 1978 (WA) (the Act) sometimes needs to determine the limits of their statutory authority before seeking to deal with a matter. This note examines the applicable principles of administrative law and some of the contexts in which it can arise in proceedings before the warden. The principles of administrative law concerning a statutory decision maker forming a view as to the limits of their authority were crisply restated by Brerman J in Re Adams & Tax Agents 'Board: "An administrative body cannot therefore lawfully exercise authority merely because it is of the opinion that it has the authority. Its opinion is not the charter of its powers and discretions. It derives its powers and discretions from and in accordance with the law. It is the court's judgment and not the administrative body's opinion which defines the extent of... its statutory authority.