Magistrates Court (Administrative Appeals Division) Review

The Magistrates Court (Administrative Appeals Division) (hereinafter ‘the AAD’), was created in 2002 to consolidate various powers and rights of review or appeal to a magistrate, from 50 or so Acts. The Magistrates Court (Administrative Appeals Division) Act 2001 is the Act under which the new scheme was passed into law. Since then, the AAD has made numerous decisions on administrative law.

The AAD are empowered to look at a number of types of applications. These include applications for:

• Review of reviewable decision- Section 17
• Declaration of entitlement to make request for reasons for decision – Section 15(1)
• Declaration that request for reasons for decision made within reasonable time – Section 15(2)
• Order for provision of reasons for decision within specified time – Section 16(1)
• Order for provision of more adequate reasons for decision within specified time – Section 16(2)
• Extension of time to make any application under the Act of the Court – Section 20
• Application to suspend an order or stay proceedings – Secion 23(3)

The Magistrates Court website provides admirably succinct information on the process, costs, and forms required to lodge an application. Follow the link provided for up to date information from the horse’s mouth.

Any government body that administers an Act that delegates power to the Magistrates Court AAD can be the subject of an administrative review.

What is the process?

The full process of the Court with links to the relevant forms is explained on the Magistrates Court website.

Who hears my case?

Your case is heard by a Magistrate.

Time limits

You must aply for review within 28 days of notification of the decision (s 17). The Court has the discretion to extend that time period if an application  is made in writing and there is a reasonable explanation for the delay in the making the application (s 20).

Costs

Costs in the Magistrates Court will be related to court fees and lawyers, if you choose to be represented in court. Fees are generally less than $100. http://www.magistratescourt.tas.gov.au/divisions/administrative_appeals_…

What outcomes are there?

Outcomes include a reversal of the original decision; an amendment of the original decision; or a confirmation of the original decision.