Administrative law
The federal administrative law system
Administrative law is the body of law regulating government decision-making. Review of administrative decisions can take place internally and externally. The federal system of administrative law is made up of four elements:
- Tribunals – independent bodies which provide ‘merits review’, that is, examining and ‘re-making’ government decisions
- Courts – providing ‘judicial review’ of the lawfulness of government decision-making
- The Commonwealth Ombudsman – a permanent office holder with the power to investigate maladministration
- Freedom of Information – laws which create a general right of access to official information, subject to exclusions
The benefits of having a system for review of administrative decisions that is well established and independent include encouraging higher-quality decision making and building public confidence in government administration.
For more information on the federal administrative law system, see the paper ‘General Information on the Australian Administrative Law System’.
