Administrative Law and Review
What is Administrative Law?
Administrative law is the law that governs the actions and decisions of government decision makers. Administrative law, administrative decisions, and administrative action are all terms that can be used interchangeably. Administrative law is also concerned with the right to appeal administrative ...
A Summary of the Means of Review
The first port of call is always the decision maker if you want to know why a decision was made. There are several ways in which you can frame the question to yourself: Did the decision maker have all the facts before them? Did the decision maker give me reasons for their decision? Did...
Who has Standing to Appeal a Reviewable Decision?
‘A person directly affected by a decision’ will usually be the person the decision is about, but they may be a partner or ex-partner whose rights are substantially affected by an administrative decision. For example, someone who is directly affected by a situation may be a party whose Centrelink ...
What Administrative Decisions Can I Review?
To seek a review of an administration decision, you must have grounds for a review. Obviously, another requirement is that you are dissatisfied with the decision. You may feel that the decision maker did not take the correct information into account, or acted with bias, or that the decision was u...
Some things to consider
You need to ask yourself several questions before initiating a review/reconsideration, or the next step along in the appeals process. Ask yourself: Have you sough an internal review/reconsideration? Have you sought legal advice? What advice have you been given? What is your complain...
Who Makes What Decision?
Structure of Government There are two fundamental levels of government: state and federal. State government is largely separate from federal government. For example, gun licensing laws are state, and so the administration of those laws are a state government administrative issue. Centrelink is a...
What is Which Review?
Administrative review Administrative review is a challenge to a government decision, it can even be a simple request for the reasons for a decision. It is a means of ensuring that government is accountable to citizens for administrative decisions, and helps to improve the quality, efficiency and...
The Importance of Time Limitations
All areas of administrative law have very strict time limitations. The original decision maker will often have a time limitation period within which you can apply for reconsideration. With review in the Magistrates Court the application for review must be made within 28 days of the applicant bein...
Keeping It Out of Court
First resort: reconsideration Reconsideration is where a different decision-maker within the original decision-making body considers your application afresh. Reconsideration is an internal process and does not require appeal to outside body, but only to the original decision-making body. Inte...
Outcomes of a review or reconsideration
Successful review or reconsideration The outcome of a successful reconsideration or merits review is the reversal or amendment of the original decision to the satisfaction of the applicant. But the outcomes could be even wider reaching – a decision making process might be amended to make the pro...
Judicial Review
The grounds on which courts will force government administration to stop a process, or reverse a decision and look again at a matter, have developed over several hundred years. The orders a court will make have ancient names. Basically, this area of the law is contained in a large number of old E...
Merits Review
What is a merits review? A merits review looks at the decision of the original decision maker, and considers the decision anew, as though the decision had never been made. This means that the review considers all the same material that the original decision maker considered. For example, if the ...
Ombudsmen – Tasmania and Commonwealth
Tasmanian Ombudsman Thanks to Greg Vines for the following summary of an Ombudsman Review. “The Ombudsman is an office of last resort and the Ombudsman requires that before a complainant contacts the Ombudsman they first make every effort to attempt to resolve their complaint with the departm...
Page last updated 14/12/2017