Federal Court (Full Court). Can it be said that acting under dictation might "occur where a decision-maker, tasked with a particular statutory function impermissibly merely adopts the decision of another body without undertaking the statutory task themselves"? If the Tribunal accepts or adopts a proposition of law, where that proposition itself was not erroneous, is the Tribunal acting under dictation?
Some of the questions to the Full Court of the Federal Court (FCAFC) were as follows:
Question 1: Can it be said that acting under dictation might "occur where a decision-maker, tasked with a particular statutory function impermissibly merely adopts the decision of another body without undertaking the statutory task themselves"?
Question 2: If the Tribunal accepts or adopts a proposition of law, where that proposition itself was not erroneous, is the Tribunal acting under dictation?
Question 3: Does the question of whether, and if so the extent to which, the Tribunal was required to independently evaluate a previous Tribunal decision and specifically substantiate the conclusion depend on the nature of the appellant’s claim before the Tribunal?
Question 4: The power to admit evidence for the first time on appeal remedial, with its primary purpose being to ensure proceedings do not miscarry?
The FCAFC answered those questions as follows: