Administrative law is the area of that deals with decisions by government departments and agencies. At federal level, this includes immigration. At state level, it includes freedom of information matters, working with children checks and workplace licensing decisions. In Victoria, many administrative law matters are dealt with at first instance by the Victorian Civil and Administrative Tribunal (VCAT). Other administrative law matters are dealt with by the Magistrates Court – this include child protection matters and public housing matters.
When a court or tribunal reviews a 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?
- Did the decision-maker take into account all relevant considerations?
A court or tribunal may affirm the decision, vary the decision or set aside the decision.