Sunday, 22nd December 2024
Administrative law is concerned with challenges to a decision or action of a government official, department or authority. It may also apply when the person whose decision you wish to challenge is not a government officer but is exercising a power granted to them by a statute.
The Law Handbook published in Victoria has an informative practical chapter Government And The Individual.
The steps they advise are:
If no specific right of review or appeal is provided by the relevant legislation, your only choices for review will be to seek judicial review of the decision in the courts or to make a complaint to the State or Federal Ombudsman.
People affected by certain decisions of the Commonwealth Government or its agencies may appeal to the Commonwealth Administrative Appeals Tribunal (AAT). Similarly, people affected by certain decisions of the Victorian Government or its agencies may appeal to the Victorian Civil and Administrative Tribunal (VCAT).
Law Handbook Online published by the Legal Services Commission in South Australia (and therefore mainly dealing with SA Law) has a Chapter Complaints.
The Federal Court and Federal Circuit Court may review most administrative decisions under Commonwealth laws.
They may can do this under the Administrative Decisions (Judicial Review) Act 1977 or based on Common Law principles.
The grounds on which a decision may be reviewed under the Act are:
There are many factors that the Courts take into account under Common Law - though, in Commonwealth matters, most of these are covered by the list above. For more information see Judicial Review of NSW decisions.
These include whether or not required procedures were followed, was the individual shown procedural fairness and given a fair and unbiased hearing, did the right person make the decision, did the agency only consider matters that the Act said were to be considered, was there a hidden agenda that was being served or was the decision unsupportable on any of the evidence.
Are you looking for detailed information like this, or contact details for any of the bodies mentioned on this page. If so, then start on our Administrative Law for Lawyers page.
If it isn't there, then start on our Finding Detailed Legal Information page.
Please read our warning on that page "Be careful using these resources".
The Law is not always as straightforward as it appears. We have not included any information about when and how to use that information or any traps. We assume that the Lawyers will know this.
Please give us feedback about your experiences using Foolkit and ideas for improvements.
The Office considers and investigates complaints from people who believe they have been treated unfairly or unreasonably by an Australian Government department or agency. These include the Australian Taxation Office, Australia Post, Centrelink, Child Support Agency, and Department of Immigration and Citizenship.
They aim to resolve complaints impartially, informally and quickly.
The Office cannot override the decisions of the agencies or issue directions to their staff. Instead, they resolve disputes through consultation and negotiation. If necessary they will make formal recommendations to the most senior levels of government.
The Victorian Ombudsman is an independent and impartial watchdog. Their role is to make sure that the Victorian agencies and Local Councils they watch over fulfil their functions properly.
They work in a similar way to the Federal Ombudsman's Office.
Telephone: (03) 9282 8444
The AAT independently reviews a wide range of administrative decisions made by the Australian government and some non-government bodies. Both individuals and government agencies use its services.
It is more informal than most Courts. They try to help parties resolve their differences using mediation and other methods.
Applying to the AAT explains each stage of an application to the AAT for assistance.
www.humanrightscommission.vic.gov.au
Their role is to promote human rights and to help protect the community from discrimination, sexual harassment and religious vilification..
They have an enquiry service for people who want to know about their rights or responsibilities under those laws.
They also accept complaints of discrimination, sexual harassment or religious vilification. They investigate those complaints and conciliate complaints and try to resolve these without legal action. If that is not possible then they may refer the matter to VCAT.
The Commission works towards an Australian society where the human rights of all are respected, protected and promoted.
Their work includes:
Indigenous Human Rights Network Australia (IHRNA) is a network of people who advocate and promote the awareness of indigenous human rights in Australia.
They facilitate access to information, expert advice, and the sharing of best practice solutions for indigenous people and peoples from a human rights approach.
Telephone: (03) 8600 3333
General information for the public This includes information about how cases are started in the Court, the assistance that is available for this and what is involved in attending Court.
The public are encouraged to obtain legal advice before considering issuing proceedings themselves in the Federal Court. Few people attempt to run a case here without a lawyer and there is a risk that if you fail that you may have to pay tens of thousands (or even hundreds of thousands of dollars) of legal costs to the other party.
www.federalcircuitcourt.gov.au
Telephone: 1300 352 000 or (03) 8600 3333
You should get legal advice before making a decision about what to do or applying to the Court. A lawyer can help you understand your legal rights and responsibilities and explain how the law applies to your case.
If you decide to proceed yourself then you should contact the Court to discuss the documents and procedures involved.
VCAT also deals with disputes between people and government (State/Local) about:
VCAT also deals with complaints referred to it by the Victorian Equal Opportunity and Human Rights Commission.
The Supreme Court may review most administrative decisions under Victorian laws.
They may can do this based on Common Law principles. Most people choose instead to apply to the Victorian Civil & Administrative Tribunal. It is very important that you get legal advice before making a decision about what to do or applying to the Tribunal or Court. A lawyer can help you understand your legal rights and responsibilities and explain how the law applies to your case.
The grounds considered by the Supreme Court on Common Law principles include considering whether or not required procedures were followed, was the individual shown procedural fairness and given a fair and unbiased hearing, did the right person make the decision, did the agency only consider matters that the Act said were to be considered, was there a hidden agenda that was being served or was the decision unsupportable on any of the evidence.
The Privacy Act regulates the way in which personal information can be collected, the accuracy of the information, how it is kept secure, and how it is used and disclosed. It also provides rights to individuals to access and correct the information organisations and government agencies hold about them.
OAIC has an extensive collection of information on:
The OAIC investigates and conciliates to resolve disputes. You will need your own legal advice to take somebody to Court if your rights are breached.
Office of the Victorian Privacy Commissioner
The main work of Privacy Victoria concerns privacy issues with the Victorian Government, its Agencies and Local Councils.
They are also concerned with privacy issues at work, at home, in the street, in business and health information.
After a FOI request is made, government agencies must decide whether to give access to information, and whether that access should be partial or full access. An agency does not have to give access to exempted material.
There are always charges for making a FOI request.
To maximise the chances of obtaining access on the first request, some strategies include:
Telephone: (03) 8684 0063
