What is administrative law?

Administrative law in Australia is the body of law governing the exercise of power by government agencies, ministers, and officials. It includes rules about how government decisions must be made (procedural fairness), what limits apply to the exercise of statutory power (jurisdictional limits), and how people affected by government decisions can seek review or challenge through tribunals and courts.

Several principles underpin Australian administrative law. Procedural fairness (natural justice) requires decision-makers to hear from people affected by decisions and to be free from bias. Decisions must be based on relevant considerations and not on irrelevant ones. Discretionary power must be exercised reasonably. Decisions must be made by the authorised decision-maker (not subdelegated inappropriately). Statutory purposes must be respected, with the power used for the purpose Parliament authorised. Adequate reasons should usually be given for major decisions.

Several mechanisms enforce administrative law. Merits review allows reconsideration of a decision on its merits by an independent tribunal (most commonly the Administrative Review Tribunal at federal level, from late 2024 replacing the Administrative Appeals Tribunal, or state civil and administrative tribunals). Judicial review by the Federal Court or state supreme courts tests whether the decision was made lawfully (regardless of merits), with grounds set out in the Administrative Decisions (Judicial Review) Act 1977 (Cth) and equivalent state legislation. Common-law judicial review under the prerogative writs of certiorari, prohibition, mandamus, and habeas corpus operates alongside the statutory regime.

Other accountability mechanisms include the Commonwealth Ombudsman and state Ombudsmen (investigating maladministration), the Office of the Australian Information Commissioner (freedom of information and privacy), the Auditor-General (financial audits and performance audits), the various industry ombudsmen (Telecommunications, Energy and Water, Banking, Insurance, Private Health Insurance), and the National Anti-Corruption Commission and state integrity bodies. The 2023 Robodebt Royal Commission documented major administrative law failures in the automated income-averaging system that operated from 2016 to 2019, leading to substantial reforms in how Centrelink decisions are made and communicated. Administrative law is one of the practical safeguards that protects Australians from unfair government action.