Saturday, 11th February 2012
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.
If you want to get a government decision changed, including having any conditions removed or changed, then we suggest that you:
Before you reach the stage of approaching the ombudsman, you should attempt to resolve the problem by approaching the agency first.
You should also consider seeking legal advice that is not in any way connected with the agency. Particularly when the decision has a substantial impact on you.
When you carefully read the legislation, you may find special provisions about your right to have the decision reviewed or your right to appeal. If the legislation doesn't have these then 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 Commonwealth Ombudsman, appeal to a specialist tribunal or seek judicial review by the Federal Magistrates Court, The Federal Court or the High Court.
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 Qld Government or its agencies may appeal to the Queensland Civil and Administrative Tribunal or complain to the Qld Ombudsman, appeal to a specialist tribunal or court or seek judicial review by the Supreme Court of Qld.
Law Handbook Online published by the Legal Services Commission in South Australia (and therefore mainly dealing with SA Law) has a Chapter Complaints Against Government.
WARNING: Information from interstate web sites should not be relied upon without legal advice. The law and courts often vary a lot between States.
The Federal Court and Federal Magistrates 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.
Telephone: (07) 3248 1100
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.
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 Queensland Ombudsman is an independent and impartial watchdog. Their role is to make sure that the Queensland government, agencies and local government act fairly and make the right decisions.
They work in a similar way to the Federal Ombudsman's Office.
The Supreme Court may review most administrative decisions under Queensland laws.
They may can do this based on Common Law principles. Most people choose instead to apply to the QCAT . It is very important that you 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.
The grounds considered by the 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.
Also refer to It's OK to complain which has information on options to resolve complaints, how to contact the right complaint agency and tips on writing letters.
Go direct to an agency to request copies of documents under the freedom of information (FOI) laws. They will advise you if any special form is required or whether it is sufficient to make the request by letter. You need to be give enough information so that the relevant documents can be identified from the millions of records that the Government keeps.
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:
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.
Telephone: 1300 352 000 or (07) 3248 1100
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.
Queensland Civil and Administrative Tribunal
The Tribunal has the power to review many of the decisions made by Queensland government, agencies and local government.
Level 1, 170 Boundary Street,
West End
Telephone: (07) 3846 3189
Department of Immigration and Citizenship
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.
Their role is to receive and deal with complaints of discrimination and other contraventions of the Act, and to promote human rights in Queensland
They have information and courses for people who want to know about their rights or responsibilities under anti-discrimination law.
If a complain is not resolved, then you may need to take proceedings in QCAT (see below)
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.
OPA has an extensive collection of information on:
The OPC investigates and conciliates to resolve disputes. You will need your own legal adivce to take somebody to Court if your rights are breached.
Office of the information Commissioner
The main work of the Commissioner concerns privacy issues with Qld Government agencies and Information Privacy.
They handle your Right to Information (Freedom of Information).
The main work of the Commissioner concerns criminal matters. However it also keeps an eye on misconduct by Queensland public servants and state run organisations.
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.
