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WA


Administrative law is the area of law that deals with decisions by government departments and agencies. Government decisions are subject to reviews by the judiciary to keep government decision-makers accountable and ensure their decisions are lawful and their decision-making processes fair.

In Western Australia, some administrative law matters are heard by the State Administrate Tribunal (SAT), while others are heard by the courts.

When a court of tribunal is reviewing 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 that reviews a decision may affirm, vary or set aside the decision.

 

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