Administrative law is the area of law that deals with the review of decisions by government departments and agencies. In Queensland, administrative law includes blue card matters, freedom of information and animal care and regulation matters as well as reviews of decisions by state government departments such as the Department of Housing.
Many Queensland administrative matters are finalised by the Queensland Civil and Administrative Tribunal (QCAT); however, QCAT decisions can be appealed to the Supreme Court of Queensland.
When a court or tribunal reviews a government decision, it considers whether the original decision was correct, or whether the decision needs to be varied or substituted.
Questions that will be considered include:
- Did the decision-maker fail to take into account a relevant consideration?
- Did the decision-maker take into account an irrelevant consideration?
- Did the decision-maker give the applicant procedural fairness?
- Was there an error of law?
- Did the decision-maker have jurisdiction?