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ADMINISTRATIVE LAW
INTRODUCTION
Administrative law refers to the body of principles and procedures by which the exercise of executive government is controlled and supervised

FOUR MECHANISMS OF ADMINISTRATIVE LAW
1. JUDICIAL REVIEW
Whether the actions of the relevant public authority or official are legally correct and whether they acted within the confines of the power conferred on them or correctly exercised that power by adherence to procedures they were required to follow

2. MERITS REVIEW
An independent or impartial reconsideration of all aspects of a decision by a public authority or official, the review body notionally “standing in the shoes” of the original decision maker and determining what is the correct or preferable decision

3. FREEDOM OF INFORMATION
Provides the public at large with rights of access to government held information

4. OMBUDSMAN REVIEW
Independent investigation of complaints about incorrect or unjust executive actions by public bodies or officials particularly in other circumstances where remedies are unavailable or unsuitable

IF QUESTION INVOLVES ANY OF THESE IT IS A FEDERAL TRIBUNAL
ISSUE






Immigration
Social Security
Tax
Customs and Excise
Native title

IF QUESTION INVOLVES THESE IT IS STATE






Land and resources management
Occupational and business regulation
Local government
Prisons
Education

JUDICIAL REVIEW
• Judicial review is the means by which courts determine whether or not administrative bodies and officials have properly respected the boundaries of the powers and functions formally assigned to them • Judicial review CANNOT correct or re-evaluate any mater of FACT Minister for Immigration and Multicultural Affairs; Ex Parte Applicant s20/2002
• A court does not substitute its own decision for that of the administrator, it sets limits on the exercise of…...

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