Chief Executive of Department of Agriculture v Foster

The Chief Executive of the Department of Agriculture (the appellant) appealed to the High Court of Australia against a decision of the Full Federal Court. The dispute concerned the appellant's refusal to grant a licence to Mr. Foster (the respondent) under the *Live-stock Export Control Act 1995* (Cth) to export live sheep to the Middle East. The Full Federal Court had found that the appellant's refusal was unlawful.

The High Court was required to determine whether the appellant had properly exercised its discretion in refusing the licence. Specifically, the Court considered whether the appellant had taken into account irrelevant considerations and failed to take into account relevant considerations when making its decision, and whether the appellant's decision was so unreasonable that it could not be justified.

The High Court held that the appellant had erred in law by taking into account considerations that were not relevant to the statutory criteria for granting a licence, namely the welfare of the sheep during export. The Court found that the appellant had improperly focused on the potential for public controversy and the views of animal welfare groups, rather than on the specific requirements of the Act and the evidence before it regarding animal welfare. The legal principle applied was that administrative decision-makers must confine themselves to the scope of the power conferred by the relevant legislation and must not be swayed by extraneous matters.

The appeal was allowed, and the orders of the Full Federal Court were set aside. The matter was remitted to the Chief Executive of the Department of Agriculture for reconsideration according to law.