Administrative Law

Administrative Law is a branch of public law that is concerned with the legal control of decisions and actions of governmental agencies and officials, and those of non-governmental bodies which affect the public. In Australia today, governmental and non-governmental regulation - at federal, state and local government levels - impinges on most areas of life.  The powers and responsibilities held by administrative agencies of the Australian government are defined by administrative law.

There are a number of Commonwealth and State statutes concerned with administrative law in Australia. The Commonwealth Statutes include the following:

• Acts Interpretation Act 1901: This Act deals with the Interpretation of Acts of Parliament and for Shortening their Language.
• Administrative Appeals Tribunal Act 1975: This Act established the Administrative Appeals Tribunal. The Administrative Appeals Tribunal is a body which provides independent review of a wide range of administrative decisions made by the Australian Commonwealth government and some non-government bodies.
• Administrative Decisions (Judicial Review) Act 1977: This Act relates to the Review on Questions of Law of certain Administrative Decisions.
• Federal Court of Australia Act 1976: This Act created a Federal Court of Australia and to make provision with respect to the Jurisdiction of that Court.  
• Freedom of Information Act 1982: This Act gives members of the public rights of access to official documents of the Government of the Commonwealth and of its agencies.
• Ombudsman Act 1976: An Act to provide for the appointment of a Commonwealth Ombudsman and a Defence Force Ombudsman and to define their respective functions and powers. The Ombudsman has wide powers to investigate action that relates to matters of administration.

All States and Territories have Freedom of Information Act, Ombudsman Act and Administrative Territories Act besides other statutes concerning administrative laws.

The American and British legal systems have highly influenced the framework and development of administrative law in Australia. The present administrative law is largely a result of the recommendations of the committees set up in the early 1970s.