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.