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View the latest news in administrative law from sources such as the Law Institute Journal, submissions, media releases, blogs and more.

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Join the Administrative Law Section and stay up to date on this dynamic area of law, meet influential lawyers and shape future legislation.

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View LIV Administrative Review & Constitutional Law Committee Fact Sheets on a range of administrative law issues.

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Administrative Law

Administrative law is concerned with the regulation of government decision-making at both a State and Federal level. Citizens who are adversely affected by a decision made by a government authority can have those decisions reviewed under administrative law. Statutory interpretation is a key aspect of administrative law.

Individuals can apply for merits review, which is a re-consideration of an original decision. This review process can be internal (within the same agency, but by a different officer). Merits review can also be sought at a Tribunal if provided for under legislation. The main Tribunal at the Commonwealth level is the Administrative Appeals Tribunal, while at the Victorian level it is the Victorian Civil and Administrative Tribunal.

Individuals can also apply for judicial review of a decision, which is carried out by a court. Judicial review looks only at the legality of the decision made, not the merits of the decision. Avenues of judicial review at a Commonwealth level are through: the Administrative Decisions (Judicial Review) Act 1977 (Cth); rights to judicial review under the Australian Constitution; and specific statutory schemes for judicial review (such as under the Migration Act 1958 (Cth).

In Victoria, administrative lawyers often focus on matters arising from access to information (Freedom of Information Acts and Regulations (Victorian and Commonwealth).

Administrative law is also concerned with integrity and oversight bodies such as the Victorian Ombudsman, the Independent Broad-based Anti-corruption Commission and the Victorian Audit-General’s Office

The LIV offers Administrative Law as an area of specialisation.

Contact

For more information about activities and advocacy relating to administrative law, contact the Policy Officer for the Administrative Law and Human Rights Section:

E: ALHRSection@liv.asn.au
T: 03 9607 9445

  • Legal Profession Uniform Law

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