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 the decision maker have an interest in the decision? Was there a conflict of interest?
- Did I get a fair hearing of my concerns before the decision was made?
Once the original decision maker has been approached, asked for a review or a reason for decision, Commonwealth government administrative action or decisions may be tackled in one of the following ways:
- complaint to the Commonwealth Ombudsman
- appeal to the Commonwealth Administrative Appeals Tribunal
- judicial review by the Federal Court of Australia;
- judicial review by the High Court.
There aer many other review bodies at the Commonwealth level. Means of review via appeals bodiesare often given by the Act under which the body operates such as the Social Security Appeals Tribunal under the Social Security Act 1991 or Migration Review Tribunal under the Migration Act 1955 and Migration Regulations 1994.
Once the original decision maker has been approached, asked for a review or a reason for decision, a dispute with a Tasmanian government body may, apart from any rights given by the particular Act, be dealt with by:
- complaint to the Tasmanian Ombudsman;
- administrative review by a tribunal or body;
- administrative review in the Magistrates’ Court;
- judicial review in the Supreme Court.
Other review bodies in Tasmania are the:
- Resource Management Planning and Appeals Tribunal (RMPAT); and
- Tasmanian Public Housing Review Committee
It must be noted, however, that appeals to the Tasmanian Public Housing Review Committee can not be appealed on to the Supreme Court. Decisions of the Drector of Housing or his delegates do not qualify as ‘administrative decisions’ that fall under the Judicial Review Act 2000 (Tas). The Tasmanian Public Housing Review Committee is discussed under Public Housing.