CHAPTER CONTENTS

Last updated 20 January 2017

click to download a pdf of this chapterJudicial Review or Administrative Appeal
Legislation Regarding Judicial Review or Administrative Appeal
Structure of Government
Administration and Policy
Challenging a Commonwealth, State or Local Government Decision
Non-legal Remedies for Complaints against Government

Administrative law refers to the law to be followed by governments in their actions and decisions. If a decision maker breaches the administrative law rules, a person adversely affected by the decision or action may seek help by bringing proceedings in a court for judicial review of the decision.

Court proceedings generally involve considerable expense, can take months (or even years) to be resolved and may eventually lead only to the same decision being made again. In an effort to avoid the necessity for court proceedings, alternative procedures have been developed using administrative tribunals that can review administrative decisions made by both Commonwealth and state officials.

The Commonwealth Administrative Appeals Tribunal has wide powers to review Commonwealth administrative decisions, while the Commonwealth Ombudsman’s function is to receive and investigate complaints about administrative matters.

In Queensland the Queensland Civil Appeals Tribunal has jurisdiction to review certain decisions made by Queensland Government administrative officials.