Thursday, August 8, 2013

Administrative Law



Page limit is 6 pages excluding cover page and bibliography.
Please read and understand the scenario then answer the following question.
Twelve months ago, Churchill, was hit by a 7.2 magnitude earthquake causing devastation, death and destruction. A Royal Commission was convened to establish why three key buildings in Churchill had collapsed causing death whilst adjacent buildings of equal size had not.
The findings and recommendations from the Royal Commission have now been published laying the responsibility for the buildings collapse on the owners, noting that during the Royal Commission hearings the three owners proceeded to engage in a “pre determined plan of deception”.
M and his family who live in Wellywood, a neighbouring city, owns one of these three buildings is dismayed and distressed at these findings.
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Whilst considering his options Wellywood is hit by a 7.8 magnitude earthquake. Miraculously there are no fatalities nor building collapse only shattered windows and masonry damage. However, the general consensus by the public is one of extreme concern.
M’s wife owns a house in Churchill that suffered enormous damage during the earthquake and has claimed on the Home Repair Programme. The evening news reports:
“The Earthquake Commission has been ordered by the Government to shut down all its outgoing IT systems after another email was sent leaking private information. It is the second privacy breach revelation in less than a week for the organisation, after it admitted two days ago to unintentionally releasing the details of all 80,000 claimants in its Home Repair Programme – an incident it described as “embarrassing”. Today it was revealed in Parliament that a second email was also sent containing the personal details of claimants, including names and bank account details.”
Alarmed M’s wife now discovers that she is affected by the privacy breach. She is very distressed and upset.
Answer the following questions:
1. Referring to the Commissions of Inquiry Act 1908, and relevant material discussed in the Lecture Notes, in light of the findings from the Royal Commission. Advise M on the options that may be available to him. Discuss also the recent earthquake commenting on the Law Commission Report 2008 (A New Inquiries Act – to replace the Commissions of Inquiry Act 1908) and the suggestions for possible law reform;
AND
Referring to the Privacy Act 1993 and other relevant material discussed in Lecture Materials advise M’s wife on the most cost effective course of redress that is available to her commenting on the advantages and disadvantages.

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