Administrative Law

Administrative law governs the actions and decisions of government agencies. It affects individuals and businesses in various ways, from immigration and licensing to benefits and regulatory compliance. Understanding your rights and obligations under administrative law can help you navigate interactions with government bodies effectively.

Yes, many government decisions can be appealed, particularly if you believe the decision was made in error or without considering all relevant information. The process typically involves applying for a review by an administrative tribunal or court, such as the New South Wales Civil and Administrative Tribunal (NCAT) the Administrative Appeals Tribunal (AAT) in Australia. The specifics depend on the nature of the decision and the governing legislation.

Tribunals reviews a wide range of administrative decisions made by Australian government (State and Federal jurisdictions) officials and entities. This includes decisions related to licensing, regulations, disciplinary actions, immigration, citizenship, veterans’ entitlements, social security, taxation, and more. Tribunals provide a mechanism for individuals and businesses to challenge and seek a review of these decisions.

Time limits for appealing administrative decisions vary depending on the specific law or regulation under which the decision was made. Generally, there is a set period (often between 28 and 56 days from when the decision was communicated to you) within which you must lodge your appeal. It’s crucial to act promptly to ensure your appeal is considered.

The appeal process can vary, but it typically involves submitting an application for review, providing evidence and arguments supporting your case, and possibly attending a hearing. The tribunal or court will then review the original decision in light of the presented evidence and arguments and make a determination, which could confirm, vary, or overturn the original decision.

An administrative lawyer can provide expert advice on the merits of your case, help you navigate the complex legal and procedural requirements, prepare and submit your application for review, represent you in hearings, and advocate on your behalf. Their expertise can significantly increase your chances of a favorable outcome by ensuring that your case is presented effectively and comprehensively.