Administrative law
The administrative law system is based on the fundamental values of fairness, lawfulness, rationality, openness and efficiency. How government interacts with the public in individual cases influences public trust and confidence in government administration more broadly. By showing a commitment to delivering justice through administrative decision making, review mechanisms and other accountability mechanisms, the Federal Government can play an active role in improving the quality of access to justice for individuals.
The federal administrative law system
Administrative law is the body of law regulating government decision making. It is an accountability mechanism that applies to government decision making about individual matters, rather than broad policy decisions.
The federal administrative law system is based on the structural separation between the roles of the legislature, the executive, and the judiciary in Australia’s Constitution – in particular, the independence of the federal courts.
For more detail on the administrative law system see the Australian Government Administrative Law Policy Guide.
The Attorney-General
The Attorney-General has broad responsibility for administrative law, including oversight of the Administrative Appeals Tribunal, and legislative instruments. The Attorney‑General’s approval must be sought for amendments to Acts for which he or she has responsibility, particularly the following:
- Administrative Appeals Tribunal Act 1975 (AAT Act)
- Administrative Decisions (Judicial Review) Act 1977 (ADJR Act)
- Judiciary Act 1903
- Legislative Instruments Act 2003 (LIA)
The Australian Government Administrative Law Policy Guide
The Australian Government Administrative Law Policy Guide sets out the elements of the Australian administrative law system. The Guide is designed to assist policy makers to:
- understand how Commonwealth administrative law works
- to identify administrative law issues in draft legislation or proposals (including policy matters), and
- to understand the approaches that can be taken to address those issues.
