Administrative law is the area of law that deals with the review of decisions by government departments and agencies.
In New South Wales, many administrative law matters are dealt with by the NSW Civil and Administrative Tribunal (NCAT). NCAT reviews decisions about firearm licences, freedom of information requests, working with children checks and victims restitution or recognition orders. NCAT decisions can be appealed to the NSW Supreme Court.
When a court or tribunal is reviewing a government decision it will consider the following questions:
- Was there an error of law?
- Was the applicant given procedural fairness?
- Did the decision-maker have jurisdiction to make the decision?
- Was there evidence to justify the decision?
- Did the decision-maker take into account all relevant considerations?