Question
Mr Nigel Rowan was appointed as a Minister in the Government of the Commonwealth. As part of this role, Mr Rowan was put in charge
Mr Nigel Rowan was appointed as a Minister in the Government of the Commonwealth. As part of this role, Mr Rowan was put in charge of administering Australian offshore immigration laws. One week before retiring from Cabinet, Mr Rowan was then appointed to the Federal Court of Australia and hears matters relating to offshore immigration. Which one of the following is correct?
a. | There is no conflict here because Mr Rowan is a duly appointed member of Cabinet and then through proper process became a member of the Judiciary, which is acceptable under the doctrine of the separation of powers. | |
b. | There is a potential conflict because Mr Rowan is not able to hear matters relating to offshore immigration in the Federal Court of Australia. Matters relating to offshore immigration must be heard in a relevant State Supreme Court. | |
c. | There is no conflict here because one week after being appointed to the Federal Court of Australia, Mr Rowan retired from his position in the Australian Cabinet. | |
d. | There is a potential conflict under the doctrine of the separation of powers, as Cabinet Ministers should not be administering any laws to do with Australian offshore immigration. | |
e. | There is a potential conflict under the doctrine of the separation of powers as the Executive and the Judiciary must be completely separate. |
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