''Administrative Decisions (Judicial Review) Act 1977'' (Cth) is an
Act of the
Parliament of Australia
The Parliament of Australia (officially the Federal Parliament, also called the Commonwealth Parliament) is the legislature, legislative branch of the government of Australia. It consists of three elements: the monarch (represented by the ...
, which created the ability to appeal the decision at the
Federal Court of Australia
The Federal Court of Australia is an Australian superior court of record which has jurisdiction to deal with most civil disputes governed by federal law (with the exception of family law matters), along with some summary (less serious) and indic ...
for a person or other parties affected by most administrative decisions by an Australian federal department or agency.
Review of administrative decisions under the Act is limited to matters of law.
Legacy
In 1989, the then president of the
New South Wales Court of Appeal
The New South Wales Court of Appeal, part of the Supreme Court of New South Wales, is the highest court for civil matters and has appellate jurisdiction in the Australian state of New South Wales.
Jurisdiction
The Court of Appeal operates pursu ...
Michael Kirby wrote that the Administrative Decisions (Judicial Review) Act and the
Administrative Appeals Tribunal Act 1975
The Administrative Appeals Tribunal (AAT) is an Australian tribunal that conducts independent merits review of administrative decisions made under Commonwealth laws of the Government of Australia, Australian Government. The AAT review decisions ...
were "probably the most adventurous and far-reaching legal reforms" to have taken place in Australia. In a 2011 seminar, the then President of the
Administrative Appeals Tribunal
The Administrative Appeals Tribunal (AAT) is an Australian tribunal that conducts independent merits review of administrative decisions made under Commonwealth laws of the Australian Government. The AAT review decisions made by Australian Gover ...
Garry Downes
Garry Keith Downes (born 7 January 1944) is a former judge of the Federal Court of Australia and former President of the Administrative Appeals Tribunal.
Education
Downes attended Newington College (1956-1960) and graduated from the Univer ...
wrote that, of the reforms of administrative law in the 1970s and 1980s, (including the establishment of the Federal Court, the
Commonwealth Ombudsman
Ombudsmen in Australia are independent agencies who assist when a dispute arises between individuals and industry bodies or government agencies. Government ombudsman services are free to the public, like many other ombudsman and dispute resoluti ...
, and the Administrative Appeals Tribunal) the Administrative Decisions (Judicial Review) Act was the most significant legislative work of the reform.
References
Bibliography
* {{cite book , title=General Principles of Administrative Law , last=Sykes , first=Edward Irving , url=http://trove.nla.gov.au/work/9190499?q&sort=holdings+desc&_=1452423890804&versionId=45639367 , accessdate=10 January 2016 , edition=1997 , year=1997 , publisher=
Butterworths
LexisNexis is a part of the RELX corporation that sells data analytics products and various databases that are accessed through online portals, including portals for computer-assisted legal research (CALR), newspaper search, and consumer inform ...
, isbn=0409309869
Acts of the Parliament of Australia
Australian administrative law
1977 in Australian law