administrative review
📖 O que é administrative review? Significado e conceito
Administrative review allows individuals to challenge decisions made by government bodies that affect them. This process involves an independent review of the original decision, often by a tribunal like the NSW Civil and Administrative Tribunal (NCAT), as seen in cases involving 'Working with Children' clearances or eligibility for victims support.
The purpose of administrative review is to ensure that administrative decisions are fair, lawful, and based on the correct facts and considerations. The reviewing body can set aside the original decision and make a new one in its place, or it can affirm the original decision, meaning it agrees with it.
For self-represented litigants, understanding administrative review means knowing that they have a pathway to challenge decisions they believe are wrong. This process is not about appealing a court decision, but rather about reviewing a decision made by an administrative body, such as the Office of the Children's Guardian or a Senior Assessor for victims support. The review body will consider all the evidence and arguments to determine the 'correct and preferable decision'.
Legislation like the Administrative Decisions Review Act 1997 (NSW) and the Civil and Administrative Tribunal Act 2013 (NSW) provides the framework for these reviews. These Acts outline the powers of the reviewing body and the procedures to be followed, ensuring a structured and impartial examination of the administrative decision.
📋 Requisitos
- An original administrative decision has been made by a government agency or official.
- The application for review is made after the commencement of relevant legislative amendments, if applicable.
- The review body has jurisdiction to hear the specific type of administrative decision.
📝 Procedimento
- An application for administrative review is lodged with the appropriate tribunal (e.g., NSW Civil and Administrative Tribunal).
- The tribunal considers the material filed by both the applicant and the decision-maker.
- The tribunal determines whether the original decision was the 'correct and preferable decision'.
- The tribunal may set aside the original decision and make a new one, or affirm the original decision.
💡 Exemplos
- A person applies for administrative review after their 'Working with Children' clearance was refused, leading to the tribunal setting aside the refusal and granting the clearance.
- A convicted inmate seeks administrative review of a decision denying their eligibility for victims support, arguing special circumstances.
- An individual applies for review of a decision to cancel their registration in a child-related employment sector, with the tribunal considering child protection amendments to the relevant Act.
📚 Base legal
- Administrative Decisions Review Act 1997 (NSW)
- Civil and Administrative Tribunal Act 2013 (NSW)
- Child Protection (Working with Children) Act 2012 (NSW)
- Victims Rights and Support Act 2013 (NSW)
❓ Perguntas frequentes
What is the difference between administrative review and a court appeal?
Administrative review involves an independent body re-examining a decision made by a government agency or official, often to determine the 'correct and preferable' decision. A court appeal, on the other hand, typically involves a higher court reviewing a decision made by a lower court for legal errors.
Who conducts an administrative review in Australia?
In Australia, administrative reviews are often conducted by tribunals, such as the NSW Civil and Administrative Tribunal (NCAT), which are independent bodies established to review government decisions.
Can an administrative review change the original decision?
Yes, the body conducting the administrative review has the power to set aside the original decision and make a new decision in its place, or it can affirm (uphold) the original decision.
What kind of decisions can be subject to administrative review?
Decisions that can be subject to administrative review include those related to 'Working with Children' clearances, eligibility for victims support, and other decisions made by government agencies that affect individuals' rights or entitlements, as specified by relevant legislation.
Do I need a lawyer for an administrative review?
While you can represent yourself in an administrative review, the process can be complex. Consulting with a qualified solicitor specialising in administrative law can help you understand your rights and present your case effectively.
What legislation governs administrative review in New South Wales?
In New South Wales, key legislation includes the Administrative Decisions Review Act 1997 (NSW) and the Civil and Administrative Tribunal Act 2013 (NSW), which set out the framework and procedures for administrative reviews.