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 unfair. A review can be a simple request for reasons, or reconsideration by the decision making body, a merits or judicial review before a court, or an investigation by the Ombudsman.

You can’t seek a review simply because you don’t like a decision. There has to be either a merits or a judicial basis for review – was the incorrect information taken into account? Were you denied natural justice? If you are refused a gun license, and you have several prior convictions for criminal offences involving guns, you don’t have much ground on the merits front, and so it would be unlikely that you would have a ground for review of the decision.

Decisions under certain Acts and Regulations can be reviewed.

Decisions under Tasmanian Acts that can be reviewed

Decisions under the following Tasmanian Acts can be reviewed by a Magistrate in the Administrative Appeals Division of the Magistrates Court (AAD), and later if there are grounds for judicial review, by a justice of the Tasmanian Supreme Court. This is not an exhaustive list. If a decision has been made under an Act not listed here, which you would like to have reviewed, seek legal advice from your local community legal centre as to whether the decision can be the subject of administrative review.

• Abandoned Lands Act 1973
• Agricultural and Veterinary Chemicals (Control of Use) Act 1995
• Animal Farming (Registration) Act 1994
• Animal Health Act 1995
• Archives Act 1983
• Associations Incorporation Act 1964
• Auctioneers and Real Estate Agents Act 1991
• Births, Deaths and Marriages Registration Act 1999
• Business Names Act 1962
• Cat Mangement Act 2009
• Child Care Act 2001
• Crown Lands Act 1976
• Crown Lands (Shack Sites) Act 1997
• Dairy Industry Act 1994
• Dog Control Act 2000
• Education Act 1994
• Education Providers Registration (Overseas Students) Act 1991
• Egg Industry Act 1988
• Electoral Act 1985
• Electricity Industry Safety and Administration Act 1997
• Fertilizers Act 1993
• Fire Service Act 1979
• Firearms Act 1996
• First Home Owner Grant Act 2000
• Food Act 2003
• Hairdressers’ Registration Act 1975
• Local Government Act 1993
• Local Government (Building and Miscellaneous Provisions) Act 1993
• Local Government (Highways) Act 1982
• Long Service Leave (Casual Wharf Employees) Act 1982
• Meat Hygiene Act 1985
• National Parks and Reserves Management Act 2002
• National Parks and Wildlife Act 1970
• Passenger Transport Act 1997
• Petroleum Products Emergency Act 1994
• Plumbers and Gas-fitters Registration Act 1951
• Poisons Act 1971
• Public Health Act 1997
• Radiation Control Act 1977
• Rail Safety Act 1997
• Relationships Act 2003
• Roads and Jetties Act 1935
• Sale of Hazardous Goods Act 1977
• Sewers and Drains Act 1954
• Substandard Housing Control Act 1973
• Surveyors Act 2002
• Tasmanian Qualifications Authority Act 2003
• Taxation Administration Act 1997
• Travel Agents Act 1987
• Universities Registration Act 1995
• Valuers Registration Act 1974
• Vehicle and Traffic (Review of Decisions) Regulations 2010 Part 3
• Veterinary Surgeons Act 1987
• Workplace Health and Safety Act 1995

Decisions under Commonwealth Acts that can be reviewed

Jurisdiction to review for the Administrative Appeals Tribunal is extensive and the lists of Acts udner which the AAT has jurisdiction to review are updated annually. A link is provided here for access to those lists. General topics for review include:

• Centrelink (social security, pensions, etc)
• Australian Tax Office
• Migration
• Environment and natural resources
• Marine environment
• Health care provider registration and insurance
• Native Title
• Patents
• Workplace compensation
• Radio and telecommunications

There are many areas in which the AAT will have jurisdiction. The AAT has no jurisdiction over state government decisions, or the decisions of local councils.