Overview of the Australian Commonwealth Administrative Law System: Preliminary Issues for Consideration

Abstract

Administrative law is the body of law which provides the mechanisms for challenging and regulating government decision making. There are two fundamental elements in Australian administrative law—judicial review and merits review. Judicial review is concerned with the legality of administrative decisions, and is the sole province of the courts. Merits review is concerned with the substance of a decision and is carried out by various review bodies. Reasons for decisions lie at the heart of administrative decision-making. A statement of reasons should provide fairness by enabling decisions to be properly explained and defended and will assist the person affected by a decision to decide whether to exercise rights of review or appeal. Australian law does not yet recognize a general duty to give reasons for administrative decisions. However, there are legislative provisions which encapsulate an obligation to provide reasons. It is all part and parcel of procedural fairness—Findings on Material Questions of Fact; Reference to Evidence on which Findings of Fact are Based; Dealing with Inadequate Statements of Reasons; Requests for Further and Better Particulars.