Administrative Law and Civil Procedure

The Administrative Law and Civil Procedure Branch provides legal and policy advice on the federal administrative law system, evidence, statutory interpretation and private international law, including procedures for handling service, evidence and judgments in international cases and promoting international cooperation on civil legal procedures.

Our areas of responsibility

The Administrative Law and Civil Procedure Branch also provides legal and policy advice on the following matters:

Federal administrative law system

the role and structure of the Administrative Appeals Tribunal (AAT)
matters arising under legislation relating to the AAT
development of legislative proposals for review of Government decision making and advice to other agencies on decision making under their legislative proposals
the operation and application of the Administrative Decisions (Judicial Review) Act 1977
statutory appointments to the AAT, the Administrative Review Council (ARC), the Defence Force Discipline Appeals Tribunal, the National Native Title Tribunal and the Office of Parliamentary Counsel, (including terms and conditions applying to relevant office holders in these bodies), and
issues relating to the operation of the ARC, including development of Government responses to reports by the ARC relevant to the Division's responsibilities.

Evidence

administration and review of the Evidence Act 1995 and promotion of the uniform Evidence Act scheme

Statutory interpretation and legislation concerning parliamentary scrutiny and liaison with the Office of Parliamentary Counsel

administration and review of the Acts Interpretation Act 1901
policy responsibility for the Legislative Instruments Act 2003 including advice on exemptions from the requirements of the Act, and
administration of the Parliamentary Counsel Act 1970 and work on Office of Parliamentary Counsel initiated Bills including Statute Law Revision Bills.

Private international law

international civil procedure, including civil jurisdiction of courts, service of process abroad, taking of evidence abroad, and enforcement of Australian judgments abroad and of foreign judgments in Australia
civil procedure arrangements with New Zealand including the Trans - Tasman Working Group on Court Proceedings and Regulatory Enforcement
service and execution of process within Australia, and
choice of law issues.

Legislation for which we are responsible: