Wednesday, 10th March 2010
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.
Law Handbook Online published by the Legal Services Commision has a Chapter Complaints Against Government.
The Law Handbook published in Victoria (and therefore mainly dealing with Victorian Law) 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 South Australian Government or its agencies may appeal to the Administrative and Disciplinary Division of the District Court.
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.
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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 South Australian Ombudsman is an independent and impartial watchdog. Their role is to make sure that the SA agencies they watch over fulfil their functions properly.
They work in a similar way to the Federal Ombudsman's Office.
Law Handbook Online published by the Legal Services Commision has a Chapter Complaints Against Government.
The Law Handbook published in Victoria (and therefore mainly dealing with Victorian Law) 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 South Australian Government or its agencies may appeal to the Administrative and Disciplinary Division of the District Court.
The Commission works towards an Australian society where the human rights of all are respected, protected and promoted.
Their work includes:
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 concilliates to resolve disputes. You will need your own legal adivce to take somebody to Court if your rights are breached.
