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Encyclopedia > Australian administrative law

Australian administrative law encompasses a number of statutes and cases which define the extent of the powers and responsibilities held by administrative agencies of the Australian government. A statute is a formal, written law of a country or state, written and enacted by its legislative authority, perhaps to then be ratified by the highest executive in the government, and finally published. ... Case law (precedential law) is the body of judge-made law and legal decisions that interprets prior case law, statutes and other legal authority -- including doctrinal writings by legal scholars such as the Corpus Juris Secundum, Halsburys Laws of England or the doctinal writings found in the Recueil Dalloz... // Australia is a constitutional monarchy, a federation and a parliamentary democracy. ...


The present administrative law is largely a result of growing concern about control of bureaucratic decisions in the 1960s. In response a set of committees were established in the early 1970s, whose recommendations constituted the basis for what became known as the "New Administrative Law". The most important of these, the Kerr Report, recommended the establishment of a general administrative tribunal which could review administrative decisions on the merits, codification and procedural reform of the system of judicial review, and the creation of an office of Ombudsman. These proposals were put into practice with the passing of the Administrative Decisions (Judicial Review) Act 1977; the Administrative Appeals Tribunal Act 1975; the Freedom of Information Act 1982; and the Ombudsman Act 1976. The 1960s decade refers to the years from 1960 to 1969, inclusive. ... The 1970s decade refers to the years from 1970 to 1979, inclusive. ... Judicial review is the power of a court to review a law or an official act of a government employee or agent for constitutionality or for the violation of basic principles of justice. ... Look up Ombudsman in Wiktionary, the free dictionary An ombudsman is an official, usually (but not always) appointed by the government, who is charged with representing the interests of the public by investigating and addressing complaints reported by individual citizens. ...

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Administrative Decisions (Judicial Review) Act 1977

The grounds for challenging administrative action which were developed at common law and have been codified in ss 5-7 of the ADJR Act. This article concerns the common-law legal system, as contrasted with the civil law legal system; for other meanings of the term, within the field of law, see common law (disambiguation). ...


Decisions of the Governor-General of Australia are specifically excluded from judicial review under the ADJR Act and is now available at common law only. Michael Jeffery, Governor-General of Australia The Governor-General of Australia is the representative in Australia of Australias head of state, Queen Elizabeth II, Queen of Australia, who lives in the United Kingdom. ...


Administrative Appeals Tribunal

The AAT was established by the Administrative Appeals Tribunal Act 1975 (Cth). The AAT is empowered to review specified exercises of discretion.


Administrative Review Council

Ombudsman

Both at Commonwealth and State level, there is an office of Ombudsman, with wide power to investigate action that relates to matters of administration.


In recent times the office of the Ombudsman has been the subject of tight budgetary constraints. Privatisation of formerly government functions has also removed many activities from the jurisidiction of the Ombudsman. Privatization (sometimes privatisation, denationalization, or — especially in India — disinvestment) is the process of transferring property, from public ownership to private ownership. ...


Freedom of information

Australia was the first country with a Westminster system government to introduce freedom of information legislation, following the model established in the United States in 1966. The Freedom of Information Act 1982 (Cth) provides access to government information. Similar legislation is now in force in the ACT and the States. Freedom of information is designed to allow individuals access to personal information held about them, and to allow individuals the opportunity to challenge and where appropriate have that information amended. It is also intended to provide open government. The Westminster System - also called Parliamentary System is a democratic system of government modelled after that of the United Kingdom system, as used in the Palace of Westminster, the location of the British parliament. ... Over sixty countries around the world have implemented some form of freedom of information legislation, which sets rules on governmental secrecy. ... 1966 (MCMLXVI) was a common year starting on Saturday (the link is to a full 1966 calendar). ... 1982 (MCMLXXXII) is a common year starting on Friday of the Gregorian calendar. ...


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